STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA EAST COAST RAILWAY )

COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1098

) INDIAN RIVER COUNTY, FLORIDA AND ) STATE OF FLORIDA, DEPARTMENT OF ) TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on August 4, 1975, commencing at 2:30 p.m. at the Indian River County Courthouse, Vero Beach, Florida.

APPEARANCES

For Petitioner: John J. Higgins, Esquire

Attorney for Florida East Coast Railway Company

For Respondent: Calvin B. Brown, Esquire

744 Beachland Boulevard Vero Beach, Florida

Attorney for Indian River County

For Respondent: Philip S. Bennett, Esquire

Room 562, Haydon Burns Building Tallahassee, Florida 32304

Attorney for Department of Transportation ISSUE

Whether the public at-grade railroad crossing at Sebastian/Bay Street and Florida East Coast Railway Mile Post 212 + 2,310 feet should be closed.

FINDINGS OF FACT

1. By application the Florida East Coast Railway Company seeks a permit to close an existing at-grade public railroad crossing located at Sebastian/Bay Street, Roseland in Indian River County, Florida.

   
   

2. There exists a public at-grade railroad crossing 681 feet immediately to the south of the subject crossing at the intersection with Roseland Road. This crossing is protected by a full complement of automatic warning devices,

   consisting of flashing lights, ringing bells and gate. Roseland Road is a paved highway and well travelled.

   
   

3. The subject crossing is an old crossing having been established approximately in 1907. There exists a visibility factor adverse to train and motoring public as a result of an elevation of approximately four (4) feet and of natural growth but there as been no known crossing accident in over some seventy (70) years. Traffic over this railroad crossing is not heavy.

   
   

4. There exists a growing residential community to the west and east of this railroad crossing. The Sebastian River Medical Center (hospital) exists on the east. Fire protection for this area exists on the east.

   
   

5. Testimony of users and letters oppose the closing of the crossing because the historical value of the railroad crossing, the location of the crossing for fire protection purposes, the location of the crossing for the health and welfare due to the location of the Sebastian River Medical Center, the only hospital located in the north end of the county; and the ease and convenience for the Roseland community reaching the main thoroughfare known as

   U.S. #1.

   
   

6. The public crossing on Roseland Road is a busy crossing serving a much travelled road and is well signalized. In order to use this crossing it is essential to enter a busy highway.

   
   

7. The people belonging to the church and the personnel of the medical facility use the Sebastian/Bay Street crossing; school children use it and the residents of the Roseland area, many of whom are elderly, use it.

   
   

   CONCLUSIONS OF LAW

   
   

8. Section 337.21, Florida Statutes, 1973, 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 the hazard inherent with highway traffic crossing railroads. The evidence demonstrates that although there are dangers in the Sebastian/Bay Street crossing and the crossing is lightly used there has been no known accident at this crossing since the railroad tracks were laid across the existing road. The crossing could be made more safe by improved signalization, a decrease in elevation and pruning of trees and shrubs.

   
   

9. The additional distance medical and fire vehicles must travel to the medical center and fire facilities is a safety factor in favor of retention of the subject crossing. Trains must reduce speed for the Roseland Road crossing some 681 feet away so the burden of decreasing train speed is minimal. The hazard of diverting traffic from the Sebastian/Bay Street to the busy Roseland Road outweighs the hazard of a crossing with less sophisticated signalization particularly when much of the use is by local residents many of whom are elderly.

RECOMMENDED ORDER

Deny the application.

October 8, 1975

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

John J. Higgins, Esquire

Florida East Coast Railway Company One Malaga Street

St. Augustine, Florida 32084

Calvin B. Brown, Esquire 744 Beachland Boulevard Vero Beach, Florida 32960

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

Docket for Case No: 75-001098

Orders for Case No: 75-001098