STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF BELLE GLADE, FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1505

)

FLORIDA EAST COAST RAILWAY ) COMPANY, and FLORIDA DEPARTMENT ) OF TRANSPORTATION, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held in the above styled cause at the Department of Transportation District Office, Ft. Lauderdale, Florida on November 17, 1977 commencing at 2:05 p.m. before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: John E. Baker, Esquire

City of Belle Glade

257 Southeast Avenue E Belle Glade, Florida 33430

For Respondent: Philip S. Bennett, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

John W. Humes, Jr., Esquire Florida East Coast Railway Co. One Malaga Street

St. Augustine, Florida 32084

ISSUE

Whether a permit should be granted to open a public at-grade rail highway crossing of the Florida East Coast Railway Company track at West Avenue "A" (Railway Mile Post K-61 + 4361'), in the City of Belle Glade, Florida.

FINDINGS OF FACT

1. The City Commission of the City of Belle Glade, Florida, prior to July 1, 1972, determined that it needed a grade level crossing on West Avenue "A" across the Florida East Coast Railway tracks. Thereafter on April 19, 1977 it submitted an application to the Respondent, Florida Department of Transportation, through its City Manager, Robert R. Sanders for the railroad grade crossing. The type of rail line existing is single track; the number of

   trains per day from November to May is 11, and from May to November is 2, and the speed of trains is 35 mph. The proposal is for a grade level crossing two- lane road. The cost of signal installation and the cost of annual maintenance is to be charged to the Petitioner.

   
   

2. The railroad creates a dividing barrier separating the eastern part of the city from the western part of the city; a canal separates the southern part of the city from the northern part of the city. South of the canal there are three street level crossings across the railroad, of which the northernmost is the canal. The next one to the south lies approximately 600' south at Northwest Avenue "D". The third lies approximately 2800' south of Avenue "D" crossing. The proposed crossing is approximately 1,600' north of the southernmost Avenue "E" crossing and approximately 1,200' south of the Avenue "D" crossing. The area lying immediately west of the Avenue "D" crossing is primarily residential. West Canal Street and Avenue "E" carry the bulk of the traffic from east and west and from west to east lying south of the canal. The proposed crossing would provide an additional access from east to west lying south of the canal. The opening of a West Avenue "A" crossing would take some of the traffic from the crossing at Southwest Avenue

   
   

3. The site for the proposed crossing is located along a curve of the railroad track and there are some sight problems because of the curve and because of vegetation. There are two at-grade crossings north of the canal.

   
   

4. The police station is located on West Avenue "A" in the center of town east of the proposed crossing site. The fire department is located on Southwest Avenue "E", both of which provide emergency services to the high density area of the city without the use of a railroad crossing. The response time to the high density area is a matter of minutes for both the fire department and police department. Some response time could be saved to the affected area by the installation of the proposed crossing, but the time saving is under four minutes. No evidence was submitted as to the average number of police and fire calls from the affected area and there was no projection as to the average daily traffic across the proposed crossing.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 338.21 Florida Statutes provides:

   
   

   (3) The department shall have regulatory authority over all public railroad crossings in the state, including the authority to issue a permit for the opening and closing of such crossings.

   
   

6. Rule 14-46.03(2)(A) Florida Administrative Code provides:

   
   

   Opening Public Grade Crossings - The foremost criteria in the opening of grade crossings is the necessity, convenience and safety of rail and vehicle traffic. Existing routes should be utilized where practical. Damage to the railroad company's operation and railroad safety consideration must be a factor in permitting a new grade crossing.

7. The need for an additional crossing has not been established. It would be a convenience to those in the neighborhood, particularly if the area increased in population but there are at present three crossings that can be used as an alternative to the proposed crossing.

   
   

8. If the permit were to be granted safety would require flashing lights, bells and gates inasmuch as school busses would use the crossing and the proposed crossing is on a curve of the railroad which causes a visibility problem.

RECOMMENDATION

Deny the permit.

DONE and ENTERED this 28th day of February, 1978, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of February, 1978.

COPIES FURNISHED:

John E. Baker, Esquire City of Belle Glade

257 Southeast Avenue E Belle Glade, Florida 33430

Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

John W. Humes, Jr., Esquire Florida East Coast Railway Co. One Malaga Street

St. Augustine, Florida 32084

Docket for Case No: 77-001505

Orders for Case No: 77-001505