STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF WILLISTON, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1405

) SEABOARD COAST LINE RAILROAD ) COMPANY and FLORIDA DEPARTMENT ) OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This hearing was held pursuant to public notice before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings on November 4, 1975, at Williston City Hall, Community Room, N. Main Street, Williston, Florida, commencing at 11:00 a.m.

APPEARANCES

For Petitioner: WILLIAM G. O'NEILL, Esquire

Attorney at Law

436 East Noble Avenue Williston, Florida 32696

For Respondent: PHILIP S. BENNETT, Esquire Department of Office of Legal Operations Transportation Department of Transportation

Haydon Burns Building Tallahassee, Florida 32304

For Respondent: EUGENE R. BUZARD, Esquire Seaboard Coast Assistant General Attorney

Line Railroad Seaboard Coast Line Railroad Company Company 500 Water Street

Jacksonville, Florida 32202

ISSUE

Whether an at-grade crossing in the vicinity of Southwest 5th Avenue and 2,625 feet north of Seaboard Coast Line Railroad Company Mile Foot 731 in Williston should be opened.

FINDINGS OF FACT

1. The Petitioner, City of Williston, applied for a permit to construct an at-grade railroad crossing 2,625 feet north of Seaboard Coast Line Railroad Company Mile Post SR-731 and Southwest Fifth Avenue, if extended, in the City of

   Williston for the purpose of providing access from an undeveloped but intended residential area of the City.

   
   

2. There are two (2) Public at-grade crossings in the area. One is located 1,360 feet north of proposed crossing at Southwest First Avenue and one is located 625 feet south of the proposed crossing at Southwest Seventh Avenue.

   
   

3. The subject railroad track is a lead track used for providing service to railroad custoners located north of proposed crossing in the City of Williston. Approximately six (6) train movements occur each week and the maximum speed is 25 miles per hour.

   
   

4. There is a heavy stand of trees in the Southwest quadrant of the proposed crossing.

   
   

5. Southwest First Avenue runs east and west to the south of the existing Williston High School and north of an elementary school and, although there have been discussions as to whether the street should be abandoned if the proposed road Southwest Fifth Avenue is opened, no official action has been taken.

   
   

6. There has been no detailed planning by the City as to the following:

   
   

   1. Where the Southwest Fifth Avenue as proposed should connect to Southeast Fifth Avenue across the proposed railroad crossing;

      
      

   2. The cost of construction and maintenance of the crossing and the cost of warning devices that might be required at the crossing and the financing of same;

      
      

   3. What the estimated traffic count would be across the proposed crossing from the hospital that is in the vicinity and from the schools in the vicinity;

      
      

   4. Whether the railroad company would grant an easement for the crossing across the railroad property; and

      
      

   5. Whether a road could or should be built paralleling the railroad and connecting with an existing crossing.

      
      

7. Is is the further finding of the Hearing Officer:

   
   

   1. There has been insufficient planning on the part of the Petitioner City of Williston as to the use or hazards in the proposed crossing;

      
      

   2. There are insufficient fact available to the Hearing Officer to make a determination as to the necessity or the safety of the proposed crossing; and

      
      

   3. The Florida Department of Transportation recommended that it proposed crossing was opened, the maximum protection should be a minimum of flashing lights, ringing bells, proper signing and pavement markings. No other recommendations were made.

      
      

      CONCLUSIONS OF LAW

      
      

8. Section 338.21, Florida Statutes, provides in part that the Department of Transportation has regulatory authority over all public railroad crossings in

the State. There have been insufficient facts presented to the Hearing Officer to determine whether there is a necessity for the proposed crossing, and inasmuch as each crossing presents a hazard to the traveling public, there are insufficient facts on which a recommendation can be made as to what signalization would be required at the crossing if it were to be permitted.

RECOMMENDED ORDER

Deny the permit until such time as sufficient facts have been developed as to the proposed crossing so that there can be a determination as to the need and if it is found that a need exists, the requirements as to the signalization of the crossing.

DONE AND ORDERED this 25th day of November, 1975.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennet, Esquire Department of Transportation

Eugene R. Bogard, Esquire

Seaboard Coast Line Railroad Company

William G. O'Neill, Esquire City of Williston

Docket for Case No: 75-001405

Orders for Case No: 75-001405