SunRail Phase II North - Provide consensus that Commissioner Dallari, as the Seminole County Central Florida Commuter Rail Commission (CFCRC) member, should execute the SunRail Phase II North letter providing for the 49 mile SunRail commuter rail system with the northern terminus of operations being in DeBary. (Paul Chipok, Deputy County Attorney)

1.     Provide consensus that Commissioner Dallari, as the Seminole County CFCRC member, should execute the SunRail Phase II North letter providing for the 49 mile SunRail commuter rail system with the northern terminus of operations being DeBary.

2.     Provide consensus that Seminole County does not support the northern terminus of the SunRail Commuter Rail Service be in DeBary and that Phase II North construction must commence to provide a 61 mile system with the northern terminus in Deland.

3.     Continue the request to a time and date certain.

On December 10, 2019, the Board of County Commissioner (BCC) held a Worksession to discuss several items related to SunRail. During the Worksession, the direction was given to send a letter to Mayor Dyer, Chairman of the Central Florida Commuter Rail Commission (CFCRC), outlining the BCC’s concerns and requesting responses to the concerns.  Chairman Zembower sent a letter on December 12, 2019 outlining the following concerns:

• Confirming the FTA (Federal Transit Authority) will not take issue with SunRail, the CFCRC or the local government partners if SunRail, for the foreseeable future, terminates in DeBary.

• Confirming that terminating commuter rail service in DeBary will not jeopardize, or put at risk, future funding and funding opportunities from  FTA.

• Could the $34M in FTA Flex Funds be used, in part, for the last mile BRT projects to enhance SunRail ridership?

• Regarding the Agreement with CSX, what is the status of, and plans for, the three (3) spur line options which will expire in 2021?

• Requested SunRail financial numbers, 2019 SunRail budget and actual expenditures, 2020 SunRail budget, and estimate capital improvements and include the source of the estimates and the years the estimates were made.

On December 30, 2019, Mayor Dyer transmitted the BCC’s concerns to Secretary Thibault.  On January 22, 2020, Jared W. Perdue, Florida Department of Transportation (FDOT) Interim District Five Secretary responded to the Board’s concerns.  The letter indicates that:

• FDOT does not anticipate any negative impact to the relationship with FTA as it relates to past, present or future opportunities.

• Regarding the terminus in DeBary instead of Deland, programmed capital improvements of SunRail Phase II North, FDOT has flexed approximately $34M of FHWA funds to FTA.  FDOT, in conjunction with FTA, would be willing to consider CFCRC’s proposals for utilizing these funds for other qualifying capital improvements.

• Regarding CFX agreement, there is an option to acquire two (2) spur lines, referred to as the Aloma Spur and the DeLand Spur.  The agreement has an option to purchase either of these spurs which will expire 30 years after the execution of the Option Agreement in 2011, provided the Central Florida Rail Corridor in the area of the spur line is still being used for commuter or passenger rail service.  This preserves the opportunity for CFCRC to consider future expansion of service along the spurs.

The four other Local Government Funding Partners have each reviewed, and indicated intent to execute, the draft letter regarding delay of construction of Phase II North (DeBary to Deland) and to have the SunRail operate as a 49 mile commuter rail system (Poinciana to DeBary).

On April 30, 2020, the Central Florida Commuter Rail Commission has scheduled a meeting and will discuss SunRail Phase II North.  A letter has been drafted from the local government partners, and a decision will be made regarding the operation of the 49-mile commuter rail system (Poinciana to DeBary) until such time as the partners agree upon a specific course of action relative to the remaining 12-miles of tract, to DeLand.  Commissioner Dallari, Chairman of the Central Florida Commuter Rail Commission seeks the BCC direction on how the Board would like him to represent Seminole County.

Having each of the five Local Government Funding Partners, through their respective CFCRC members, execute the draft letter will confirm, that for the foreseeable future, SunRail will operate as a 49 mile commuter rail system with DeBary as the northern terminus. Volusia County and FDOT would not have to expend funds at this time for the construction of the second track to accommodate the DeBary to Deland SunRail link. Likewise, the $34M Federal funds, in the form of the FTA Flex Funds which have been allocated to SunRail, would be available for other SunRail capital improvement expenditures. As a result, FDOT and the Local Government Funding Partners will be able to focus on transitioning control of the SunRail operations from FDOT to CFCRC.