Just the Facts: Canaveral Rail Resources

As you are probably aware, I've been doing a lot of research on the Canaveral Port Authority and its plan to erect an 11-mile commercial railway through the Banana River Lagoon and Merritt Island National Wildlife Refuge. As the discussion heats up and more Space Coast residents are becoming interested I wanted to put together a summary of the information that's out there, and what it contains. Click on the blue links and they'll take you where you want to go. If you have any issues with links not working, please contact me at ted@tedlund.com.


Canaveral Port Authority

The Port's website is a great resource for what meetings are scheduled, as well as current and future plans for the Port like the projected fourth turning basin that is planned to extend into 50 acres of submerged bay bottom in the northern Banana River No Motor Zone (scroll down to Cruise Master Planning.) You can find all of the Port Commissioner's biographies and email addresses. Their phone numbers are not listed on the website. 


The GULFTAINER-CPA Contract

This is the contract that was negotiated in secrecy with Gulftainer by the CPA under the name Project Pelican. It was negotiated and executed without any public input and guarantees operational rail by time certain dates (June 1, 2015 for rail-to-barge and Dec. 1, 2017 for direct cargo rail.)

In addition to viewing it above, you may also share it with folks and post it to social media. If you need a PDF of it, I can provide for a nominal fee to help cover hosting costs. Email me for more details.


GULFTAINERUSA

This is the company that started it all; GULFTAINERUSA, a wholly-owned subsidiary of UAE-owned GULFTAINER negotiated a secret, no-bid contract with the Canaveral Port Authority that guarantees rail by barge on or about June 1, 2015 with direct rail service to follow on or about Dec. 1, 2017. The contract was executed on June 23, 2014. This is the only facility that GULFTAINER operates in North America, and is considered key by them to continue their 12 percent annual growth of cargo capacity.


The National Surface Transportation Board (STB)

This website was set up by the STB and is important, because this is where the CPA sends people with questions about the Rail Project with the caveat that this is "the most current and update information on file" regarding the project. The STB is a federal board with broad oversight and exemption privileges, and can countermand virtually any government entity when permitting rail projects. It is charged with conducting the Environmental Impact Statement that will identify all of the challenges that the CPA must overcome to build its rail.

You can find the scoping comments and other documents that the STB is currently evaluating in putting a draft EIS together here. It's an interesting place. Here you'll find:


Former CPA Commissioner Sue Ford's Petition to Stop the Rail

Stop the Canaveral Rail Petition. Former Port Commissioner Sue Ford is no stranger to the spotlight. A firebrand during her time in office, Ford has been one of the most outspoken critics of the CPA in general, most recently regarding the expansion of cargo and rail. 

 

Independent Journalism an Endangered Species

This is an interesting piece written and presented by Bill Moyers at the  Helen Bernstein Book Awards for Excellence in JournalismIn it, Moyers talks about the threat to independent and investigative journalism in today's era of dwindling newsroom resources. 

It's an all-too-scary, all-too-true look at what is happening as a result of the .com era. It's a good read, and he's far from as Jurassic as he makes himself out be. 

Source: http://billmoyers.com/2015/05/27/bill-moye...

CPA: More Proof of the Cart before the horse

So... in light of revelations that the Canaveral Port Authority guaranteed rail-by-barge and a commercial rail line extension to GulfTainer USA (see and download the complete, executed contract here), here's a vintage news piece from WFTV Channel on April 15, 2015 again stating the port is "exploring" these different alternatives.

Let us be clear: The CPA is not exploring barge-to-rail and commercial rail extension as options. They GUARANTEED barge-to-rail on June 23, 2014. Nearly 10 months before WFTV aired this story and any information was openly distributed to the public at its April 30th meeting. That complete meeting:




Fox 35 Coverage of Canaveral Port Rail Discussion

Kristin Delgado from Fox 35 takes a look at yesterday's Port Commission meeting where approximately 150 concerned outdoorsmen, environmentalists and homeowners showed up to voice their opposition to the Canaveral Port Authority's plan to carve an 11-mile-long commercial railway out of the northern Banana River lagoon and critical wetlands on the margins of the lagoon.

Couple of things to take note of, again the CPA being somewhat opaque in its responses via Jim Dubea, deputy director:

1. The STB is not conducting an environmental impact study. They are compiling an Environmental Impact Statement. Little if any new science will be included in the statement; rather, its a compendium of existing research conducted over the years.

2. Although Dubea says the port is looking at several alternatives, in its latest response to the Surface Transportation Board, dated March 26, the port narrowed its preferred proposals down to two (each with two options). Both cut across the Banana River, and both contain either a 6,000-foot earthen-berm causeway or an entire trestle configuration. Other suggested alternatives were explained away as too expensive or infeasible.

It's also important to note that the Canaveral Port Authority entered into a binding contract with GulfTainerUSA on June 23, 2014 guaranteeing barge-to-rail and commercial rail extension services by time certain dates without soliciting public opinion or approval. 

Source: http://www.myfoxorlando.com/story/29119518...

CPA Contract Guarantees Operational Rail to GTUSA in 2017

On June 23, 2014 — with the stroke of a pen — the Canaveral Port Authority inked a contract with UAE-owned GulfTainer USA guaranteeing barge-by-rail (Phase 2) service by June 1, 2015 and direct cargo rail service (Phase 3) by Dec. 1, 2017. Click here to view and download a complete copy of the contract.

There's just one problem.

To date, according to an email received from Dennis Watson of the Surface Transportation Board on May 7, the CPA hasn't even started the formal permitting process.

The CPA executed this contract — guaranteeing operating Phase 2 and Phase 3 cargo rail — fully 10 months prior to any sort of public meeting to discuss the idea. Scoping meetings held late last year were not sponsored by the CPA; rather a requirement for the Environmental Impact Statement process set by the STB.

The first — and to date only — meeting sponsored by the CPA on April 30, quickly devolved into a train wreck for port CEO John Walsh as he addressed an angry crowd of 300 fishermen, outdoorsmen, environmentalist and home owners.

Although Walsh and the CPA seem to be getting a lot of coverage in the mainstream media about “exploring” these barge-to-rail and commercial rail projects, the contract tells a different story.

CPA entered into a binding agreement with GTUSA guaranteeing completed barge to rail and commercial rail — prior to even asking for an environmental impact statement from the STB.

According to the contract, it is not a question of if CPA can hew a commercial railway through the Banana River, Merritt Island National Wildlife Refuge and nearly 100 acres of submerged and critical wetlands but how quickly they can get it done.

Without transparency.

Without public input.

Without even attempting to gauge public support.

At this time, it is unclear what penalties would be incurred by the CPA if commercial rail were shut down (and in turn the taxpaying public they represent). While there appear to be no specific penalties addressing a failure to complete the Phase 2 and Phase 3 rail projects, there is a litigation clause that would allow GulfTainer to sue the Canaveral Port Authority for not holding up its end of the lease agreement for damages as well as legal fees.

The contract also indicates that in addition to operating any rail lines, Port Canaveral would also provide trucking services to the FEC railway at rates competitive to those found in competing ports like Jacksonville and Miami.

So all of this leaves us with a couple of questions pertaining to the port’s embattled commercial rail plan.

  1. Why did CEO John Walsh wait 10 months after signing an agreement guaranteeing rail would be in place to finally start talking to the public?  

  2. In the agreement Walsh also started laying the groundwork so that if and when CPA fills the submerged acreage to the north of the cargo facility, GTUSA gets first shot at it.

  3. How did the CPA determine that the voting public in its five districts supported this plan?

  4. What happens if the public does not agree with this proposal for rail across the river and the proposal gets shot down?

  5. Doesn’t an existing contract — in place with time-certain assurances — indicate that this is a done deal without any public input or approval?

  6. How could the CPA and CEO John Walsh enter into an agreement that would completely change the landscape of our rivers, wetlands and a National Wildlife Refuge without first asking for public approval?  

There are a number of different resources to help you get informed and involved in this project.

For the most up-to-date information (Port Canaveral's claim, not mine), visit the STB-sponsored website, www.portcanaveralraileis.com. To read and sign former Port Commissioner Sue Ford’s petition, visit www.stopportcanaveralrailextension.com. You can also join and follow No Fill, No Kill, Capt. Alex Gorichky’s grassroots opposition movement on Facebook.

And of course, visit here for frequent updates.


 

Still waiting...

We've had about 8 or 9 people talk in public comment... and I'm still waiting for somebody that is in favor of the rail plan to speak...

"Come and stay and enjoy our nature and wildlife..."

That was a quote just now from Port Authority CEO John Walsh, talking about a proposal to use TDC dollars as a marketing incentive for cruise passengers, promoting "cruise and stay here" tourism that would benefit the communities adjacent to Port Canaveral. 

That doesn't seem to be compatible with building a 6,000-foot earthen-berm causeway through a pristine brackish estuary (not to mention federally-managed wildlife sanctuary)... But then again, I guess people love trains.