STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2144

)

LEE COUNTY, FLORIDA, )

)

Applicant, )

) SEABOARD COASTLINE RAILROAD, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice before Charles C. Adams, Hearing Officer, Division of Administrative Hearings, at the Lee County Courthouse, 2115 Second Street, Ft. Myers, Florida, at 1:30 P.M., February 19, 1976.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Office of Legal Operation Department of Transportation 605 Suwannee Street

Haydon Burns Building Tallahassee, Florida 32304

For Applicant: Benjamin C. Pratt

Director of Transportation Lee County Florida

Post Office Box 398

Ft. Myers, Florida 33902

For Respondent: Marvin R. Herring

Train Master

Seaboard Coastline Railroad 1102 New Tampa Highway Lakeland, Florida

ISSUE

Whether a permit should be granted for an at-grade crossing in the vicinity of Seaboard Coast Line Railroad Company Mile Post AX-973, 480 feet south of said mile post.

FINDINGS OF FACT

1. There is being constructed in Lee County, Florida, a roadway known as the Six Mile Parkway and also known as the Ortiz Loop Road. This roadway is a four lane divided highway with two 24 foot sections separated by a 40 foot median strip constituted of grass. The speed limit at the proposed railroad crossing is 55 mph. The average daily traffic is estimated to be 6,000 cars by the year 1978 and 18,000 cars by the year 1985.

   
   

2. The railroad is a single tract facility, which carries three trains per week and six trips. These trains are freight trains with a speed limit of 35 mph at the proposed crossing. The trains average 30 cars per train, and primarily haul limerock and "stump wood". If a local mine, which is in operation, should increase production, the average number of trips per week could increase to 10 trains. Trains that travel on this track at this time, travel between the hours of 9:00 A.M. and 5:00 P.M., on a daily basis, but are not more particularly scheduled.

   
   

3. It is contemplated that the cost of the installation of the railroad crossing with safety devices and the maintenance of this railroad crossing is to be paid for by Lee County, Florida.

   
   

4. Lee County, through their expert witness, John Walter Ebner, P.E., testified that they would propose a type II, grade crossing with four lanes, the same width as the highway, with the identical pavement and a grass median of similar width as the highway.

   
   

5. The safety device proposed by the applicant, Lee County, Florida, is a train activated flashing lights and bells device with cantilevered signalization. The Applicant does not feel control gates would be necessary at the present, considering the traffic volume of automobiles and trains.

   
   

6. The Department of Transportation and the Seaboard Coast Line Railroad agree with the proposal of the Applicant, with the exception of feeling that automatic train gates should be installed from the inception of the construction of the railroad crossing.

   
   

7. The Applicant is additionally concerned about the economics of the installation of a train activated device with automatic train gates. The concern is that the cost will be an additional $20,000 above their recommended safety device.

   
   

8. The official statement of agreement to the construction of the at-grade crossing is found in the Resolution of the Board of County Commissioners of Lee County, Florida which was offered as an exhibit by the Applicant in the course of the hearing. That exhibit is Applicant's Exhibit #1.

   
   

9. There was no offering of testimony or further statement by members of the general public or other parties.

   
   

   CONCLUSIONS OF LAW

   
   

10. Section 338.21, Florida Statutes, provides in part that the Department of Transportation has regulatory authority over all public railroad crossings in this state. One of the purposes of this law is to reduce hazards inherent with highway traffic crossing railroad tracks. The evidence produced in the course

of the hearing demonstrates that there is a need for the subject railroad crossing and a train activated, cantilevered flashing lights and bell system, with automatic gates, will protect the public from the hazards inherent in all crossings which involve vehicular traffic crossing the subject railroad track.

RECOMMENDATIONS

It is recommended that the permit be granted, to open the subject crossing, utilizing the safety equipment proposed by the Applicant, with the addition of the installation of automatic gates.

DONE and ENTERED this 14th day of April, 1976, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Phillip S. Bennett, Esquire Office of Legal Operation Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32304

James T. Humphrey, Esquire Post Office Box 398

Fort Myers, Florida 33902

Marvin R. Herring Train Master

Seaboard Coastline Railroad 1102 New Tampa Highway Lakeland, Florida 33801

Docket for Case No: 75-002144

Orders for Case No: 75-002144