STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BAY COUNTY BOARD OF COUNTY )

COMMISSIONERS, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1650

) ATLANTA AND ST. ANDREWS BAY ) RAILROAD and FLORIDA DEPARTMENT ) OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, at the City Hall, Lynn Haven, Florida beginning at 1:00 p.m. on October 5, 1977.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

County of Bay: Les W. Burke, Esquire

Representing the County of Bay Post Office Box 2260

Panama City, Florida

Railroad Atlanta J. W. Cunningham, Vice President & St. Andrews Post Office Box 669

Bay Railway Co. Panama City, Florida 32401

Tyndall Air Mr. Robert Miller

Force Base Panama City, Florida

City of William V. Kinsaul, City Manager

Lynn Haven Lynn Haven, Florida ISSUE

Whether a permit should be granted for an opening of a public at-grade rail/highway crossing by new roadway construction Section 46000-6605, State Road (Palo Alto Avenue) Bay County, Florida Parcel 1(R/W XSO-H) MP: PC 2.34, Lynn Haven Fuel Branch (U.S. Air Force Spur).

FINDINGS OF FACT

1. An application for an opening of a public at-grade rail/highway crossing by new roadway construction was submitted by Bay County, Florida, through its agent R. M. Myers, Administrative Assistant.

   
   

2. The proposed crossing is across the tracks of the U.S. Air Force (C/O Warner Robins Air Force Base) presently leased to the Atlanta & St. Andrews Bay Railroad Co., railroad mile post N M.P. 2.34. The local popular name of the street as extended is Palo Alto Avenue.

   
   

3. Traffic on the railroad as it now exist is two trains per day carrying fuel. The speed of the train is 15 miles per hour. The cost of installation is to be charged to the City of Lynn Haven, Florida and the cost of annual maintenance is to be charged to the City of Lynn Haven, Florida.

   
   

4. The opening of the proposed crossing would serve a growing subdivision which at present has only one means of egress and ingress. If a permit is granted and the proposed crossing constructed, the route would carry some 16 school buses and would divert much of the existing northbound traffic on route

   77 between the hours of 7:00 a.m. and 4:00 p.m.

   
   

5. A need for the proposed crossing has been established. There is a growing subdivision which would use the crossing as a second exit and entrance; when the proposed roadway crosses the track, school buses will have a more direct access to the school and will use the proposed route; traffic from route

   77 will use the proposed road as a convenience; the representatives of both the City of Lynn Haven and the county of Bay state that the area is a fast growing area and that the proposed crossing is needed.

   
   

6. The parties at the hearing, which included the City, the County and the Railroad Company, reached an agreement as to the proper signalization of the crossing, the proper road devices necessary to insure safety before the crossing was reached and an assurance that property would be available so that there would be no sight blockage through the growth of vegetation in the future.

   
   

7. Plans for the proposed crossing were submitted to the Hearing Officer and marked "A". An easement for visibility purposes at the proposed crossing was submitted to the Hearing Officer and marked "B". These exhibits were approved by the City, the County and the Florida Department of Transportation.

   
   

   CONCLUSIONS OF LAW

8. Section 33B.21(3), Florida Statutes, provides: "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 a crossing."

   
   

9. A need has been established for the proposed crossing inasmuch as a crossing will serve a growing subdivision in which there is but one viable crossing. An additional need has been established inasmuch as the proposed roadway will serve a more direct access to a public school. A third need has been established inasmuch as the proposed roadway would divert heavy traffic from route 77 and provide a more convenient access to areas now served by more circuitous routes.

10. The Florida Department of Transportation recommended the following safety precautions:

    
    

    "1. Cantilevered flashing lights and gates (as per Department of Transportation Rule Number 14-46.03).

    1. Advance warning sign/light combination to the north and south (as per Department of Transportation Rule Number 14-46.03 and the Manual on Uniform Traffic Control Devices)

    2. Pavement Markings (as per Manual on Uniform Traffic Control Devices)

    3. Signing (as per Manual on Uniform Traffic Control Devices).

    4. Crossing surface construction (as per Standard Index Number GRR-01)."

       
       

11. The above recommendations were accepted by the parties and are incorporated in the drawing designated exhibit "A."

    
    

12. The easement marked as exhibit "H" to the City of Lynn Haven provides an additional safety measure inasmuch as access is guaranteed to prevent a sight problem because of vegetation growth.

RECOMMENDATION

Grant the permit.

DONE AND ORDERED this 1st day of February, 1978, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

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

Les W. Burke, Esquire Post Office Box 2260 Panama City, Florida

J. W. Cunningham, Vice President Atlanta & St. Andrews Bay Railway Co. Post Office Box 669

Panama City, Florida 32401

Mr. Robert Miller Tyndall Air Force Base Panama City, Florida

William V. Kinsaul, City Manager Lynn Haven, Florida

Mr. G. S. Burleson, Sr., P.E. Assistant State Utility Engineer Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Docket for Case No: 77-001650

Orders for Case No: 77-001650