CSX Initial Offer to Sundance Residents

Posted by Bob Gernert on March 1, 2007 at 11:55 am

Today’s news reports outline some of the concerns expressed by residents near the planned CSX Integrated Logistics Center. While there was some mention of a proposed “berm” to buffer the site from the residential area, CSX addressed this and other concerns in a letter sent to Sundance Ranch owners on February 15, 2007. Representative samples of the proposed landscaping berm follow the highlights. (You can download the entire text of the letter at the end of this post.)

Additionally, CSX is currently preparing a plan to host neighborhood meetings as forums to discuss the questions and concerns of residents. The Chamber will also implement an “On Track” Q & A forum on our website where questions will be addressed by CSX experts. Watch for announcements of both the meetings and the “On Track” forum.

Highlights of CSX Letter:

CSX is taking the following steps:

  • -Working with lighting design professionals to use the latest technology and techniques to minimize illumination beyond the limits of the terminal facility.
  • -Retaining an expert engineering firm to conduct a detailed study to confirm that noise levels from terminal operations would comply with applicable noise ordinances;
  • -Planning for a landscaped earthen berm between CSX’s existing track and the terminal facility to further reduce the noise and address the community’s aesthetic concerns;
  • -Designing and constructing the access road to the terminal facility from SR 60 to direct truck traffic to the south to a major artery to avoid increased traffic volumes on residential streets north, east and west of the terminal;
  • -Offering Sundance residents the opportunity to tour an operating CSX intermodal and automotive terminal facility similar to the integrated logistics facility to be constructed adjacent to the neighborhood; and
  • -Inviting one or more SRE representatives to join a design/operations committee for the new integrated logistics facility to allow residents to share any on-going concerns during the process

CSX went on to offer to pay to redesign and relocate the planned landscape berm to the residential side of the tracks for enhanced effect. The offer specifically included the following six points (summarized here):

1. CSX is willing to construct an earthen berm parallel to the existing mainline track beginning at the Gomez property and continuing through the Ebel’s property.

2. CSX is willing to compensate each affected homeowner on whose property the berm is constructed. The homeowner would retain title to their property. There would be no conveyance to CSX.

3. With respect to the Chiavuzzi property and the existing lease of a portion of the property to the Childers for their nursery business, CSX will separately compensate both the Chiavuzzis and the Childers for the actual acreage of the owned and leased property used for the berm.

4. CSX’s proposed concept is that the berm be incorporated into the existing backyard landscape of each adjoining landowner’s property. CSX would work to meet the reasonable requests of each homeowner while at the same time achieving certain economies of scale in the construction.

5.The engineering for the landscaped berm along the rear of each homeowner’s property adjacent to the CSX track is feasible but will require certain modifications to address common drainage.

6.CSX is willing to engage in reasonable good faith discussions with the City and County to encourage them to consider expediting the paving of Cunningham Road leading int the subdivision though CSX cannot guarantee when such paving will occur.

Representative examples of proposed earthen berm to buffer the terminal:

Berm 1

Berm 2

Do you think these are reasonable first steps in the design of this project?

Complete text of CSX Letter to Residents of Sundance Ranch Estates

Update May 29, 2007:Â In a decision released today, the Department of Community Affairs (DCA) will evaluate both Phase I and Phase II as a single “Development of Regional Impact” (DRI. This process will provide a thorough review of the Intermodal Center with regard to such issues as transportation and environmental impacts of the center.

Platinum Bank

See other entries filed in: CSX - Winter Haven, Perspective

REMARKS   9 Total remarks on this post. Add your own remarks below

  • March 1st, 2007 at 2:36 pm
    Pam Childers

    Bob, I want to thank you for taking the next step to assist the residents of SunDance Ranch Estates (of which I am one) in this endeavor with the City of Winter Haven and CSX.

    “Do I think these are reasonable first steps in the design of this project?” NO, I do not for several reasons. Some of which are,

    1. The berm is NOT going to stop the fumes from the semi’s and other equipment.

    2. When our property is anywhere between 6′ to 8′ below the current train track level, a 15′ berm is not going to do much to protect us.

    3. A 15′ berm is NOT going to keep the lights from lighting up my night sky, to say the least shinning on my property. (Comments like ’stadium type lighting have come a long way’ are not applicable in this matter - stadium lights get turned off at night - CSX’s lights will be on 24/7).

    4. How is this berm going to protect my well water? my surface water?

    5. How is this berm going to protect my house and foundation (not to mention my family photo’s that are placed on the walls and tables) from the vibrations caused by the trains, semi’s, etc.?

    6. Lets talk about economic’s now…my property value has dropped to next to nothing. To say the least the impact this site is going to have on my home insurance premium, if I can get homeowners coverage with Heavy Industrial 2 w/ Contaminates right next door.

    I could go on and on as to the reason’s why this berm is not going to help those that live close to the tracks.

    I have one more question, how is this article and blog fall under the perspective: “a forum for and about business and economic development. As a Chamber of Commerce we support economic development opporturnities. This is our bias.”

  • March 1st, 2007 at 3:00 pm
    John Martinov

    Pam,

    Please enlighten me as to what a solution would be that would make you happy? It appears the only solution from your perspective would be to completely scrap the project. So in order to please the residents of Sundance the entire area is to suffer as a result? Your “sky is falling” attitude about this and the fact that your needle is stuck on this “berm” as if it’s the only option being offered to you makes me think that you know your argument is weak.

    Is the Southwest Florida Water Management District (SWFWMD) really going to allow a project to ruin our ground water? I seriously doubt that anything that is as “toxic” as you’re describing would get anywhere past the planning phase.

    The letter that was sent to you and the other residents of SunDance offered MANY solutions to help in your situation one of which was a seat at the planning table. If CSX is as evil as you’re painting, why offer any of this? And why in your response do you totally ignore these concessions they’ve made? All you can say is now your property is worth NOTHING (seems a little dramatic) and again, to this all I can say is, you bought a house near a railroad track. Those who buy their house next to “The L” Train in Chicago know exactly what they’re in for and you should have, too.

    I have sympathy for your situation. I, however, do not have sympathy for those who just stand with their fingers in their ears refusing to hear what’s going on around them. You are fully solidifying my personal resolve in making sure this project is given due process. Now more than ever I’m convinced that I will not let the wishes of a few come at the expense of such great potential.

  • March 1st, 2007 at 3:26 pm
    Pam Childers

    John, I am realistic enough to know that CSX is coming and that in some areas they will be beneficial to Winter Haven, Polk County and the residents.

    The solution that would make me and many of my neighbors happy is for CSX to buy us out so that we can move somewhere else, build their berm and then donate the land to the City of Winter Haven or as this property is in the County, to Polk County as a nature preserve. We have told CSX this from the start of talking with them, as well as to City representatives and the Polk County Commissioners.

    I am not expecting to get rich from CSX. As a matter of fact, I fully expect to make my own way in this world. I do however, expect enough to allow me and my neighbors to move without giving up all we have worked for.

    If this was you, would you be happy with paying a good price for your property, only to have the property next door get sold for something you had no possible way of knowing would ever come and subsequently change, NOT FOR THE BETTER, your property values?

    There are City and County codes that protect neighbors from everything including your neighbor not mowing their yards, too many non-operational vehicles, junk, etc. Why should this be any different?

    This offer from CSX was discussed with them back in October. At that time, they ‘promised’ to have something (proposal) to the residents within 2 weeks. I do not know about your calendar but mine has more than 2 weeks between October 30, 2006 and February 15, 2007.

    YES, I bought a home near a railroad track, that is ONE track that has approximately 6 trains going by a day. These trains last maybe 2 minutes each. I did not buy a home next to the “L” in Chicago. Your comment hear is similar to one that was made by a CSX representative, something along the lines of “You will get used to it. My house is next to I95″. I asked him if I95 was there before or after he bought his house. He had no response to that.

    I do not believe CSX or their employees are bad people. I have had many, many conversations with them and actually believe that some are great people. As a matter of fact, we had very friendly conversations as recent as yesterday.

  • March 1st, 2007 at 3:58 pm
    John Martinov

    Pam,

    Like I said, I can completely sympathize with your situation and in your most recent comment you have said “I do not believe CSX or their employees are bad people. I have had many, many conversations with them and actually believe that some are great people. As a matter of fact, we had very friendly conversations as recent as yesterday.” That’s great to hear. I must say this is really the first that I remember you saying this in the open forum.

    Again, this entire project is just in its infancy from my point of view. I see a lot of potential in something like that and my interest is purely in seeing that this project gets its due process. Of course I want to see win/win, but typically there are concessions on each side. I must say that I am glad to see that CSX is willing to have conversations with the individual residents and be open in this process. It lets me believe that there is a middle ground to be reached.

  • March 1st, 2007 at 4:32 pm
    Pam Childers

    John, I agree that someone has to give in everything. I and many of my neighbors are willing to give. We are willing to move from our homes that we have worked long and hard for, where we have raised our children, become as close as the best of families with our neighbors, and seen good times and bad.

    I have never denied talking to representatives from CSX nor I have ever stated that I think they are bad people. In different circumstances, I would be happy to consider them friends. And once our issues come to some resolution, I would like to continue to be friends and not just friendly. Personally they are the type of people I would enjoy having over for dinner.

    As to this project being in its infancy, that is where you are wrong. CSX has been talking with the City of Winter Haven about this since 2005. According to information given to me by the City, the plan is to close on this property as early as April or May of 2007 and start construction in as little as 6 months. As a matter of fact, CSX has already purchased (and closed on) the property needed for the access road to Hwy 60. So maybe you can see our dilemma, if it took 2 weeks (actually 3 & 1/2 months) to get the initial proposal in writing from CSX, how long is the next step going to take.

    Just as a side note, one of my neighbors reminded me today that CSX indicated they would build a berm back in August, so you can really add 3 months to the 3 & 1/2 months.

    I know ‘Corporate America’ takes longer but again, this is my home not just a business deal we are looking at. I just hope the ‘middle ground’ can be reached in a more timely fashion.

    I would like to take a second to thank all of you who have written in (on this and the previous blog). I know it takes up your time and in some cases tests your patience, but I do ask that you put yourself in our shoes, as we have looked at this from many sides.

  • March 1st, 2007 at 4:55 pm
    Mike Chiavuzzi

    That’s one of the problems John, it’s not in its infancy. They will be closing on this property within the next two months, according to City officials. They will start construction immediately, according to CSX. Immediately means they already have something planned and designed. Again, according to CSX, they will be up and running within 18 months after closing.

    Yes the property values for SRE are in down the tubes. In fact, there has already been one case of a buyer, with a contract, backing out of the purchase after the disclosure had to be made concerning the coming CSX project. Numerous for properties have been put up for sale, yet not one has sold. Come on out and check out the signs. Many are still up.

    You talk of concessions on both sides. CSX has gotten a pretty good deal on 1200 acres of now industrial property. Obviously, a concession by the City for economic growth and new tax revenue. CSX gets to develop the land then sell off the 900 acres of industrial park for market value, which I’m sure they’ll make a profit on. A concession, I guess? (Oh, by the way, CSX isn’t moving to Winter Haven out of the goodness of their hearts. It’s out of necessity. So they were going to have to buy land somewhere, and this was the cheapest.) The residents of Sundance (SRE) lose the value of their property, lose their peaceful “country” lifestyle, lose their western night sky, lose their tranquil environment, lose their current “affordable” home owner’s insurance and may risk their health to possible pollution. What is being conceded to them, a free berm? Now I get to concede an acre of usable land to boot. I think the concessions are a little skewed and one sided here.

    How about conceding that there are just as many cons to the pros of this project? How about conceding that there are many expenses this area will have that go along with the anticipated revenue? How about conceding that this project has been pushed along very fast, just above radar level? How about conceding that it isn’t fair to ask a small group of residents to bare the brunt of the burden of this project? How about conceding that we have valid concerns that to date have only been addressed by “you’ll get use to it” or “it won’t be that bad” or “we’ll get back to you in two weeks” or “if you feel you don’t want to live next to us, we’ll consider buying you out”? Oh, wait, didn’t mean to slip that last quote in made by Rick Hood, Assistant Vice President, CSX Real Property, on a couple occasions to the residents of SRE.

  • March 1st, 2007 at 5:16 pm
    John Martinov

    Mike,

    Forgive me that this is a project in its infancy from my perspective. This project is just now getting a higher level of press, but perhaps that is due to the fact that no one wanted to count their chickens before they hatched. This is something that I should say is in its infancy for me. My apologies.

    Your entire attitude leaves me disheartened about the situation. Your mind is made up to the point that it is nothing but a waste of my time to entertain your ramblings. You are obviously the designated bulldog of Sundance, so congratulations. I have put in my two cents (plus a lot more than I should’ve really). I do concede that there are sacrifices made. If the CSX complex does become a reality, hopefully next time you will locate property that is 1) not located near a railroad track (something tells me you wouldn’t give a damn about the air quality in the area if this was being built in Alturas) 2) not used for wastewater treatment.

  • March 1st, 2007 at 5:39 pm
    Pam Childers

    John, Mike is not the ‘bulldog’ of SunDance. If there is a ‘bulldog’ of SunDance, I have to say it would probably be me (if you talked to CSX). Everyone is just tired of the entire situation and lack of a timely resolution.

    I can tell you that during this whole process everyone of us have stated that the next property we purchase will NOT be anywhere near a rail line, city property, or anything of the like just because this has shown me that ‘YOU NEVER KNOW’.

    I can also state for a fact, that I, Mike and the rest of my neighbors for that matter would have concerns if it was being built in Alturas especially if it was directly adjacent to homes. Especially kowing that the some of the concerns we have all stated to CSX, City and County representatives have included the impact (including negative) this is going to have on our roads (not just from the trucks - how are employees going to access this site if not down Thompson Nursery Road, which is a 2 lane road that is already pretty much to capacity, to Pollard Road), fire departments, police departments, etc.

    Again, I appreciate your input and time. If you would like to contact any of us, you can check the previous blog page for my contact number. Feel free to call anytime.

  • March 6th, 2007 at 3:09 pm
    Jim

    Seems to me every time Winter Haven has a chance to bring jobs to the area there is a problem………the Walmart distribution center , State Farm & Cypress Gardens to name a few. We have also lost a few. State Farm nearly moved to Plant City because of the hassle. Jobs are needed in this area, citrus & phosphate are no longer the places to work and we have to replace that with something else.

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