Some rail changes OK'd

Commuter rail could be a step closer to reality for Winter Park, as a modified version of the SunRail interlocal agreement between the city and Orange County appears to have been largely accepted by county staff.

"I think we're pleased to report that the county staff seems very willing to make substantial movement to deal with the financial concerns," Winter Park City Attorney Larry Brown said.

The city had asked for a laundry list of changes to the interlocal agreement. These include reducing the amount of money the city might be forced to pay, allowing it to opt out of the agreement at any time, not holding it liable for payments after it opts out, and not being held doubly accountable for accident liability costs.

Nearly all changes except the liability provisions have been accepted by county staff, Brown said.

"There was some flexibility on the finance side," Brown said. "There's no flexibility on the other side."

The biggest news from the county staff is that it would be willing to accept an operating cost cap for Winter Park, though the exact amount of the cap has yet to be determined. Winter Park staff had estimated the maximum the city would pay at about $320,000-$360,000 per year. That cap may include liability costs.

But even that cost might not affect the city if the county agrees that the city can back out of the interlocal agreement on a yearly basis if 100 percent of dedicated funding is not paid into for the SunRail system.

"The county staff … [is] willing to recommend that the dedicated funding source be clarified so that if there is not a 100 percent dedicated funding source for the full 99 years, the city can terminate at any time," Brown said.

That amount of levity by the county staff took the City Commission by surprise, as some, including Mayor Ken Bradley, had expressed pessimism that the county would accept the amendments to the agreement.

"I'm very pleased with that response personally," Commissioner Phil Anderson said.

Commissioner Beth Dillaha agreed, but said that the agreement should be simplified more and that the city should be better protected against potential problems with the commuter rail station bringing undesired issues to downtown.

"I'm pleased we've gotten at least this far," Dillaha said. "But we've created a very complicated situation here that it did not need to be at all. That is what I have a problem with the most on this whole thing."

Commissioner Carolyn Cooper said she wished that the county had been more malleable on the riskier provisions in the agreement.

"I do absolutely agree that we should not be trying to mitigate these risks; I think we shouldn't have these risks in the first place," Cooper said.

Brown said that a new amended agreement would be drawn up within two weeks and be sent to the county staff for approval. The final say would sit with the Orange County Commission.

Mayor Ken Bradley said he hoped the county would do its best to expedite the process.

"I think they'd want this to happen as quickly as we do," Bradley said. "I hope we stay on the same fast track."