Legal, public relations bills add up for port rail

The cost of outside legal and public relations consultants is adding up for Port Canaveral, as it tries to establish a cargo rail link to the port.

Canaveral Port Authority commissioners on Wednesday will be asked to approve a purchase order for $500,000 in legal services for Washington-based Venable LLP and a services agreement for $96,200 for public relations services for Jacksonville-based Clockwork Marketing Service Inc. Both costs are for a one-year period.

"This is an extremely complex process," said Jim Dubea, Port Canaveral's deputy executive director for government and strategic partnerships, in explaining the need for specialized legal and public relations services for the rail project. "We're outsourcing for this project."

Port Canaveral is trying to establish a direct rail link from the port's cargo area to existing Florida East Coast Railway tracks just west of U.S. 1 on the mainland as part of its plan to boost its overall cargo business. Port officials say the rail link is something cargo companies desire, rather than having to use trucks to move goods from the port to the mainland.

Port Canaveral is considering several routes for its proposed cargo rail link Among them are routes through the Cape Canaveral Air Force Station; along the State Road 528 corridor; and over the Banana River and through the Merritt Island National Wildlife Refuge.

The port is working through an environmental review process involving the federal Surface Transportation Board.

Separate items on the Canaveral Port Authority agenda for Wednesday's meeting would have the port partner with private firms on getting U.S. Air Force support for a route through the Air Force station, in what's known as an enhanced-use lease.

Port commissioners will be asked to seek "a temporary pause" of the Surface Transportation Board process while the port seeks an enhanced-use lease with the Air Force, in partnership with the Renuart/Larkin Group and Mid Atlantic Railway Services. There could be an expanded port cargo area, an industrial park and an office park on current Air Force land as part of that proposal.

The port is putting a focus on the Air Force route after Merritt Island residents, environmental advocates and Brevard County commissioners raised concerns about the other proposed routes.

"This is our 'all-in' on the push for the Air Force route," Dubea said. "We've heard from the community, and we're trying our hardest to get the Air Force route to work and make it happen. This is going to be a long process here."

But even if the Air Force supports that plan, Dubea said, the Cape Canaveral Air Force Station rail route would have to undergo Surface Transportation Board review.

For the one-year period from June 1, 2014, thorough May 31, 2015, Venable billed Port Canaveral $396,601 for its legal services.

Dubea said Venable is one of the nation's top law firms in working with issues related to the Surface Transportation Board.

Under its proposed agreement with the port for the coming year, Venable would provide the port with "guidance, legal services and support" for the Surface Transportation Board process and related actions, including right-of-way negotiations and agreements with NASA and other agencies related to rail routes, as well as working on a potential rail route through Cape Canaveral Air Force Station.

Port commissioners in November 2014 unanimously approved an initial 12-month services agreement with Clockwork Marketing totaling $85,200 to provide public relations services to assist with communications related to the port's rail extension project.

But it turns out that amount wasn't enough. Port commissioners also will be asked on Wednesday to add $20,000 to the initial contract, which expires Nov. 9.

In a memo explaining the added cost to port commissioners, Dubea said: "Due to the complexity and unanticipated volume of communication requests, additional time has been expended, and more is anticipated for attendance (at) port commission meetings, Brevard County Commission meetings, participation in internal discussions and providing media communications. Planning, positioning and advisory services related to changes throughout the process have been required to support the Canaveral Port Authority internal communication team."

Clockwork's tasks included facilitating and writing "media communication to ensure that timely and accurate information is shared through multiple media outlets regarding the … rail extension project and related matters."

Dubea said there has been "high public interest" in the rail process.

In her summary of services, Clockwork Marketing President Maxine McBride said her company services will provide "an effective plan (that) will assist in steering the conversation in the right direction, and help garner support for this critical project, necessary for (the port) to reach its strategic goals."

in addition to dealing with the local, regional, national, international and industry media, McBride said her firm would "establish and maintain open lines of communication with local, regional and national political influencers" and "maintain positive working relationships with economic development, business and environmental organizations." It also would "identify and monitor specific concerns" of "antagonists," and "determine if there is a reasonable opportunity to influence their point of view and sphere of influence."

In a memo to port commissioners, Port Canaveral Senior Director of Finance Pat Poston said there is money included in the port's 2016 capital budget line for "rail connectivity" for both the proposed legal and public relations expenses.

Contact Berman at 321-242-3649 and dberman@floridatoday.com. Follow him on Twitter @ByDaveBerman and on Facebook at facebook.com/dave.berman.54

Port Authority discussion

The Canaveral Port Authority plans to discuss the legal and public relations expenses during its meeting that begins at 9 a.m. Wednesday at the Canaveral Port Authority Maritime Center Commission Chambers, 445 Challenger Road, Port Canaveral.