COMMUTER Rail Contracts

Maitland, Winter Park review commuter-rail contracts
Christopher Sherman Sentinel Staff Writer
Posted March 28, 2007

Maitland and Winter Park are reviewing proposed contracts with Orange County that would establish commuter-rail stations in both cities.

The nearly identical agreements include critical opt-out clauses that would allow both cities to shut down their stations when the operating costs shift from the state to local governments after seven years.

Maitland and Winter Park officials had balked at the prospect of annually paying an estimated $438,900 and $588,700, respectively.

Orange County sent the drafts to both cities Monday afternoon.

The Maitland City Council voted unanimously Monday night to have the city attorney and staff negotiate the agreement with Orange County.

Earlier Monday, the Winter Park City Commission urged property owners with potential sites for a commuter-rail stop to come forward quickly.

City commissioners, however, did not discuss the draft agreement, which arrived during the meeting.

The draft contracts lay out the cities' responsibility to pay the operating and maintenance costs as well as the debt service on the purchase of the track in each city.

Orange County has agreed to pay 30 percent of those costs, leading both cities to request the option of walking away from commuter rail when those costs fall to them after seven years.

The cities could opt out if no dedicated-funding source emerges to pay for those costs and a supermajority of each city's council or commission votes to close the station.

The catch is what the cities would have to pay back.

"This financial obligation may include, but shall not be limited to, an obligation to refund, reimburse or repay Federal or State funds and/or grants that were used to construct or operate the Commuter Rail system within the City," the draft contracts read.

The cities had speculated before that they could have to pay back federal funds used to build their stations, but the clause raised a flag because it leaves it open to other unknown costs.

"Right now, this reimbursement part is an open-ended check," said Maitland City Attorney Cliff Shepard.

Both cities hope to present negotiated contracts to their elected officials early next month for approval.

Maitland has discussed locating its station at the Parker Lumber site on U.S. Highway 17-92 north of downtown as part of a proposed development.

Winter Park's commuter-rail task force had recommended locating a kiss-and-ride stop, or drop-off site, at its Amtrak station in Central Park.

Two ballot questions allowing the city to use city land and city funds for a station passed March 13, but the city has not formally decided the station's location.

Some residents have argued for alternate locations outside Central Park.

Christopher Sherman can be reached at csherman@orlandosentinel.com or 407-650-6361.

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