STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF BOCA RATON, FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1250T

) FLORIDA EAST COAST RAILWAY COMPANY ) and STATE OF FLORIDA, DEPARTMENT ) OF TRANSPORTION, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on January 9, 1979, in Boca Raton, Florida. 1/

APPEARANCES

Robert A. Eisen, Esquire, Assistant City Attorney, City of Boca Raton, 201 West Palmetto Park Read, Boca Raton, Florida 33432, appearing on behalf of the Applicant (City). John W. Humes, Esquire, Florida East Coast Railway Company, One Malaga Street, St. Augustine, Florida 32084, appearing on behalf of the Florida East Coast Railway Company (Railway). Frank H. King, Esquire, Department of Transportation, Haydon Burns Building, Tallahassee, Florida 32301 (Department).

ISSUE

At issue herein is whether or not the application of the City of Boca Raton Applicant, to open an at-grade crossing at Southwest 18th Street (Milepost 326 + 100') within the City of Boca Raton should be granted.

FINDINGS OF FACT

Based on the testimony of the witnesses and their demeanor while testifying, the arguments of counsel and the documentary evidence offered during the hearing, consideration of the Proposed Findings of Fact and Conclusions of Law submitted by the parties, the following relevant facts are found.

1. Southwest 18th Street is located in the southern quadrant of the City. Presently, it is unimproved from an area immediately west of Military Trail and proceeds east with an overpass over Interstate 95 into the Seaboard Railway tracks through the City and terminates just prior to the El Rio Canal (See City's Exhibit 1). Two citizens groups appeared at the hearing and offered testimony against the application. The first group consisted primarily of residents of the Boca Bayou Condominium, which is an area east of the Railway's mainline track and Dixie Highway. Opposition from residents of Boca Bayou was essentially to the fact that the proposed crossing and its extension at

   Southwest 18th Street would increase automobile traffic, train noise, and air pollution, and thus diminish the value of their residences; and, secondly, that the construction of another crossing would create an additional source of vehicular contact, and thus a source for additional automobile accidents.

   
   

2. The other group opposition to the subject application emanated from residents of Camino Lakes. Stan Radzkowski, a resident of Camino Lakes Community, voiced concern about the attractiveness of the community, the increase of vehicular traffic with the advent of the new crossing and with other resulting safety problems (See Joint Exhibits 1, 2 and 3).

   
   

3. Other citizens residing in the area west of the Railway's mainline tracks along the existing Southwest 18th Street (Camino Real Community) appeared and opposed the application. This group generally opposed the application on the basis that the crossing would have an adverse impact on street improvements in the immediate area adjoining their residences.

   
   

4. Southwest 18th Street is designated in the West Palm Beach Urban Area Transportation Study (WPBUATS) as a major east/west arterial serving the southern quadrant of the City and Palm Beach County. WPBUATS is the basic transportation planning document in Palm Peach County (Applicant's Exhibits 4A, 4B, 5A and 5B are exhibits designating the studies conducted during the 1960's with the projection of traffic studies from 1985 with updates through the year 2000).

   
   

5. The Applicant recognized in 1965, as did the Department of Transportation in 1968, that there existed a great need for a major route at Southwest 18th Street. To handle the traffic flow, the City designated Southwest 18th Street as a major arterial route in 1965.

   
   

6. Interstate 95 was completed and opened for traffic during calendar year 1977. During September of 1977, the City Council proposed a bond issue which was approved by the electorate, including $800,000 set aside for the Southwest 18th Street bridge and a railroad crossing at that site. Existing available data revealed that all existing crossings within the immediate vicinity are either operating at capacity or over capacity, and that it is impossible to construct an above-grade crossing at Southwest 18th Street due to cost factors.

   
   

7. John Carroll, the City Engineer since September of 1977, has approximately twenty-two years of experience in traffic engineering, highway design and traffic impact studies. Mr. Carroll was received as an expert in traffic related matters. Mr. Carroll testified that if the Southwest 18th Street crossing application is not granted, traffic will necessarily be shifted to other areas and that Southwest 18th Street could not function as proposed due to the manner in which traffic flows into the area. Carroll testified that there would be an approximate four minute reduction in travel time if the Southwest 18th Street crossing is approved, and that gas consumption could be reduced by approximately 500 gallons per day by the area motorists. Additionally, he testified that emergency vehicle response time would be reduced by the opening of the Southwest 18th Street crossing. According to Carroll's data, the traffic count for Camino Real during April 20, 1978, was approximately 17,000 vehicles per day, and that volume capacity for the area was 18,000 vehicles per day. He testified that area growth figures reveal that the average annual traffic increase is 16 percent. This, according to Mr. Carroll, shows that by April, 1979, the traffic flow will be beyond the peak for the area.

8. Mr. Carroll testified that an engineering firm (Kimley-Horn and Associates) was engaged to study the feasibility and design of the proposed 18th Street's southwest crossing. Based on the study completed by Kimley-Horn and Associates, witnesses Carroll and Joe Pollack, an engineer from the firm of Kimley-Horn and Associates, concluded that the improvements engineered into the design of the Southwest 18th Street area would correct any alignment problems and solve the additional increase in traffic load for the area (See Exhibit 7). Mr. Pollack testified that in designing the Southwest 18th Street proposed crossing, Kimley-Horn and Associates considered the following factors:

   
   

   1. Traffic;

   2. Grade and elevation;

   3. Existing railroad crossings;

   4. Protective devices and signalization; and

   5. Traffic signals.

      
      

9. He concluded that based on the study as presented by Kimley-Horn and Associates, the proposed crossing would reduce the likelihood of accidents. By reducing overflow traffic and by use of maximum signalization, including flashing lights coordinated with traffic signals along the roadway, gates, bells, and cantilevered lights with motion sensors, the proposed crossing, according to Mr. Pollack, would be a safe and efficiently designed crossing.

   
   

10. Mr. E. H. McLaughlin, an employee of the Railway since approximately April of 1955 and presently a Trainmaster since 1971, is a qualified locomotive engineer. Mr. McLaughlin testified that the most prevalent problem that would face motorists if the proposed application is granted, would be that of a lack of visibility by the train engineers, to see motorists approaching from the south. Mr. McLaughlin testified that the proposed crossing is situated on the Railway's mainline and that approximately eighteen trains use the line daily.

    
    

11. Mr. Frank Stuart, an employee of the Railway since 1955, is presently the manager of insurance and safety for the Railway. Mr. Stuart testified that if the proposed application is in fact granted, he would recommend as a safety supervisor that the crossing use safety devices consisting of flashing lights, gates, bells, cantilevered lights and motion sensors. He further recommended that no holding (storing) facilities be situated near the crossing. Mr. Stuart guesstimated the cost for the signalization required at approximately $54,000 excluding the motion sensors and site preparation.

    
    

12. Mr. Joseph Rice, a Registered Professional Engineer and a consultant for the Railway, was called as expert witness to testify respecting the Railway's position. Mr. Rice testified that in his opinion the vehicular figures cited in the WPBUATS studies are too high; however, he was of the opinion that using the most realistic figures, all studies showed that the road (Southwest 18th Street) would necessarily have to be upgraded. Mr. Rice recommended that if the crossing is permitted, that maximum signalization be utilized at the crossing. Mr. Rice also conceded during cross-examination that staged construction was a good idea for a municipality to engage in to complement its overall growth. Although he was of the opinion that there were alternative routes available, he could not be specific as to whether or not there were feasible alternatives to the proposed crossing.

    
    

13. Jeffrey DuBois, a District Coordinator in the Fourth District for the Department of Transportation, testified that a conference committee was conducted with respect to the subject crossing and that the conference recommended that if the application for the subject crossing is granted,

    cantilevered lights, gates, bells and flashing lights be used as signalization for the proposed crossing.

    
    

    CONCLUSIONS OF LAW

    
    

14. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties to this action. Section 120.57, Florida Statutes.

    
    

15. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

16. The authority of the Florida Department of Transportation is derived from Section 338.21, Florida Statutes, and Chapter 14-46.03(2)(a), Florida Administrative Code.

    
    

17. Competent and substantial evidence was offered to warrant a recommendation that the application for the proposed opening at Southwest 18th Street be GRANTED. Chapter 14-46.03(2)(a), Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby,

RECOMMENDED:

That the application of the City of Boca Raton to open an at-grade crossing at Southwest 18th Street (milepost 326 + 100') be GRANTED.

RECOMMENDED this 25th day of June, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 25th day of June, 1979.

ENDNOTE

1/ Based on the parties' efforts to reach a stipulation post-hearing, the briefing period was extended through June 1, 1979. The briefs were considered by me in preparation of this Recommended Order.

COPIES FURNISHED:

Robert A. Eisen, Esquire Assistant City Attorney

City of Boca Raton

201 West Palmetto Park Road Boca Raton, Florida 33432

John W. Homes, Esquire

Florida East Coast Railway Company One Malaga Street

St. Augustine, Florida 32084

Frank H. King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 78-001250

Orders for Case No: 78-001250