by Roger Normand

Legacy Trail supporters celebrated a major step forward to extend the trail to Payne Park in downtown Sarasota. On August 29th the Board of County Commissioners unanimously endorsed twin resolutions for a two-phased approach to acquire the approximate 7.5 mile unused rail corridor from CSX Railroad and to construct the trail. The resolutions authorize the County Administrator to proceed with the acquisition of the rail corridor.

The resolutions come on the heels of the Trust for Public Land renegotiating the terms of an existing sale contract consistent with available County funds. Deputy County Administrator Jonathan Lewis, who will become County Administrator in January 2018 when current County Administrator Harmer departs to become city manager of Longboat Key, was a key participant in the final negotiations. The new contract retains nearly all the same terms, including a 14 percent discount to the appraised value of the corridor, but divides the cost with $7.9 million for Phase 1 due by December 2017 to purchase the 1.7 mile corridor to Ashton Road, and $30.1 million for Phase 2 due in 2019 for the remaining approximate 6 miles to Payne Park and Fruitville Road. The County had previously identified up to $8.6 million in its budget for Phase 1, with plans for a voter referendum in November 2018 to identify funds to pay for Phase 2.

It was not without some drama. Commissioner Detert asked to pull the two Legacy Trail extension proposals from the 40 items included on the Consent Agenda expected to be endorsed in a single motion without further discussion. She then suggested delaying the extension decision until the 2018 budget and revenue expectations are finalized in September. Commissioner Maio countered that “I want to see the Legacy Trail extension done” and could not foresee the September budget meeting undoing that effort. Commissioner Hines agreed, adding that the extension will provide “significant economic value.” “I don’t want to to lose momentum.”  Commissioner Moran noted that the agreement already provides the County an escape clause through November while they and TPL conduct the due diligence review (title search, survey, environmental assessment) on the property. The Commissioners asked for staff reports on the status on FL SUN Trail funding and a list of all federal and state grants that are available and which the County has pursued. Commissioner Hines concluded the discussion noting this is a huge financial undertaking for the County.  “The public needs to support this with more than just with tax dollars.”

The Friends of the Legacy Trail thank the Commissioners for their continued unanimous support for the extension. We emphatically agree to the need to seek state, federal and private funds, and have been directly involved with past County efforts to do so. Those efforts have been stymied because the County did not own or even have the rail corridor under contract. We have also been working with local private foundations, and have developed our own extension campaign to raise private funds. We and our partners will be ready to launch a broad fund raising campaign to support the extension once the county completes acquisition of Phase 1 in December. We are committed to help marshal public support for the November voter referendum.

In the meantime, all Legacy Trail enthusiasts can savor another victory in the goal to extend the Legacy Trail to downtown Sarasota.

Click here for the Herald Tribune editorial supporting the actions of the County Commissioners

by Roger Normand

The $8.6 million identified so far by the County is well short of the $20 million required by December 2017, as negotiated for the first acquisition phase.  It also appears increasingly unlikely that the rest of the $20 million will be secured in time.  So the question to extend the Legacy Trail to Payne Park in downtown Sarasota becomes:  Is $8.6 million enough for the parties to renegotiate and CSX to sell a shorter than planned segment of their unused rail corridor to Sarasota County?  The parties must quickly decide whether or not to proceed as the County and the Trust for Public Land need about six months to conduct their due diligence review of the property before the planned December purchase.

TPL, partnering with the County, came to terms to acquire the 7.5 mile long corridor and spurs from owner CSX and their lessee, Seminole Gulf Railroad, in February 2017 for $38 million.  That amount was split into two phases: Phase 1 from Culverhouse Nature Park to Bahia Vista for $20 million by December 2017; Phase 2 to Payne Park for $18 million by March 2019.  The due diligence includes conducting a hazardous materials environmental assessment, title search, and boundary survey.

Despite the Board of County Commissioners (BCC) directing the County Administrator to begin efforts to acquire the corridor in April 2015, no funding was included in the County budget to support the purchase.  The BCC began in mid February 2017 to grapple with funding options, and in mid March reprioritized $8.6 million in existing and expected 2018 County Parkland acquisition funds to apply towards buying the unused rail corridor.  However subsequent BCC meetings have identified no further funds.

While there are still a number of planned BCC budget meetings before the start of FY-18 on October 1st, there appear to be few attractive opportunities for marshaling substantial more funds for the extension.  The BCC has discussed tax increases on utility services and the county millage rate, both already at or near the lowest rates among Florida counties, to fund new initiatives including extending the Legacy Trail.  But even if enacted, revenue would not be received in time to be included in the December payment to CSX.  Bonding for the December payment is no longer an option, as the County attorney has ruled that bonding on the phase 1 acquisition would preclude the option to bond again for the second acquisition phase.

Representative Joe Gruter’s bill in Tallahassee to provide $15 million for the Legacy Trail failed to garner support from this year’s State Legislature.  Efforts by several local foundations to quietly pursue private donations from wealthy trail supporters remains a work in progress.  An Operating agreement between the County and The Friends of Legacy Trail which includes fundraising authority remains in review by the County staff, and must still be approved by the BCC.

We hope the parties agree to promptly and equitably revise the sale terms to acquire $8.6 million worth of the extension, and the County and TPL proceed with its due diligence to meet the December planned settlement.  We remain firm in our conviction that other governmental and private funds will materialize AFTER the County owns some segment of the extension.  The Friends of the Legacy Trail are developing and, once acquired, will be ready to launch a number of fund raising and promotional efforts to support the extension.  A possible November 2018 voter referendum could provide the balance of land acquisition and construction funds.