STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OKEECHOBEE BOARD OF COUNTY )

COMMISSIONERS, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1743

) SEABOARD COASTLINE 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, in the Okeechobee County Courthouse, 0keechobee, Florida, beginning at 1:30 p.m. Friday, November 4th, 1977.

APPEARANCES

Philip S. Bennett, Esquire W. L. Hendry, Esquire Department of Transportation Post Office Box 1337 Haydon Burns Building Okeechobee, Florida Tallahassee, Florida 32304 Representing Applicant Representing Respondent

Daniel H. Brunner, Esquire Jack J. Vereen, Jr.

955 L'Enfant Plaza North, S.W. Assistant Division Engineer Washington, D. C. 20024 2206 Northwest 7th Avenue Representing AMTRAK, Miami, Florida 33127

Intervenor Representing SEABOARD COASTLINE RAILROAD, Resp.

ISSUE

Whether there should be an opening of a public at grade rail-highway crossing by new roadway construction at Everglades Boulevard-State Road 710- Section 91000-6604, Okeechobee County Parcel 1 (right of way XSO-8).

FINDINGS OF FACT

1. An application for an opening of a public at-grade rail-highway crossing by new roadway construction was submitted by Okeechobee County through its agent Moseley Collins, P. E., County Engineer. The crossing location is southeast of the city of Okeechobee, Florida. The local popular name of the street is Everglades Boulevard. The proposed crossing is across the tracks of the Seaboard Coastline Railroad at Seaboard Coastline milepost 911.93.

2. The crossing would serve a growing subdivision approximately three (3) miles wide and nine (9) miles long, an area in which approximately 3,000 people live. There is one entrance to the subdivision across Highway 441 South. There is a second grade crossing signalized with crossbucks known as the Hazellieff Road crossing. This crossing does not serve the subject subdivision inasmuch as the road dead-ends after crossing the railroad. There are no current plans to buy up the right of way and extend the road at the Hazellieff crossing.

   
   

3. The Seaboard Coastline Railroad would prefer that the Applicant extend the road to serve the subject subdivision. The Hazellieff crossing is approximately one-half mile from the proposed crossing, but the Applicant states that the crossing serves only a few families and the Applicant does not own the right of way across the muck-pitted area and has no plans to extend the road that crosses the railroad at Hazellieff crossing.

   
   

4. There is an estimated average daily traffic count of 2,000 cars per day which would use the proposed crossing. There are six passenger train movements every twenty-four hours on the railroad at those crossings. There are six through freights every twenty-four hours and four local freights every twenty- four hours, plus additional extra trains as needed. The speeds range up to 79 miles per hour for passenger trains and 60 miles per hour for freight trains. The passenger trans are the AMTRAK trains.

   
   

5. A need has been established for another opening across the railroad because of the long and circuitous route that must be traveled to enter the subdivision. In the event of a storm, there is an additional hazard to the road because of two bridges that must be crossed. The proposed opening would decrease greatly the mileage to be traveled to fire or hospital.

   
   

6. The parties agreed that the proper signalization for the proposed crossing would be automatic crossing gates, flashing lights and ringing bells.

   
   

7. The Applicant contends that an opening is needed to serve the growing subdivision known as Treasure Island; that the existing crossing is insufficient as far as the safety of the community is concerned and requires a much longer way to be traveled by the residents of the subdivision. The Seaboard Coastline Railroad contends that the existing public opening should be used and right of way bought by the county so that there would not be an additional crossing of the tracks. AMTRAK contends that there should be no new openings across the tracks where the passenger trains attain high speeds unless there is a great need and a study made to see if there cannot be a closing to balance the opening across the tracks. Florida Department of Transportation contends that a need has been established for the crossing and that the parties have agreed that lights, bells and gates are the needed signalization.

   
   

8. The Hearing Officer further finds:

   
   

   1. That a need has been established by the Applicant.

   2. That proper signalization includes flashing lights, ringing bells and gates.

      
      

      CONCLUSIONS OF LAW

      
      

9. Section 338.21(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."

The need has been established inasmuch as a crossing will serve a growing community and there is but one viable crossing into the subdivision. The flashing lights, ringing bells and gates recommended by the Florida Department of Transportation through the District Safety Engineer is the protection needed.

RECOMMENDATION

Grant permit, providing there is a clearance from the Safety Engineer as to the visibility problem pointed out by the Seaboard Coastline Railroad, Respondent.

DONE and ENTERED this 15th day of December, 1977, in Tallahassee, Florida.

COPIES FURNISHED:

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

Daniel H. Brunner, Esquire 955 L'Enfant Plaza, Southwest Washington, D. C. 20024

W. L. Hendry, Esquire Post Office Drawer 1337 Okeechobee, Florida

Jack J. Vereen, Jr. Assistant Division Engineer 2206 N. W. 7th Avenue Miami, Florida 33127

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

=================================================================

AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

IN RE:

OKEECHOBEE BOARD OF COUNTY COMMISSIONERS,

Applicant,

vs. CASE NO. 77-1743

SEABOARD COAST LINE RAILROAD and FLORIDA DEPARTMENT OF TRANSPORTATION,

Respondent.

/

FINAL ORDER

The record in this cause has been reviewed. The Exceptions to the Recommended Order submitted by National Railroad Passenger Corporation are rejected because: (a) The Exceptions were not submitted within the 10-day period Permitted by Section 120.57(1)(b)(9), Florida Statutes; (b) The so called Exceptions are in fact a lengthy statement of the Corporation's position and recommendations and do not point out any specific error as a basis for an exception.

The Recommended Order of the Hearing Officer is approved as to the Statement of the Issue, Findings of Fact and Conclusions of Law and is incorporated verbatim below. The specific Recommendation of the Hearing Officer is enlarged to cover the visibility problem proviso contained in the Recommendation.

ISSUE

Whether there should be an opening of a public at-grade rail highway crossing by new roadway construction at Everglades Boulevard State Road 710- Section 91000-6604, Okeechobee County Parcel 1 (right of way XSO-8). *

* NOTE: Page 2 is missing from the Agency Final Order on file with this Division and is therefore not available in this ACCESS document.

passenger trains and 60 miles per hour for freight trains. The passenger trains are the AMTRAK trains.

1. A need has been established for another opening across the railroad because of the long and circuitous route that must be traveled to enter the subdivision. In the event of a storm, there is an additional hazard to the road because of two bridges that must be crossed. The proposed opening would decrease greatly the mileage to be traveled to fire or hospital.

   
   

2. The parties agreed that the proper signalization for the proposed crossing would be automatic crossing gates, flashing lights and ringing bells.

   
   

3. The Applicant contends that an opening is needed to serve the growing subdivision known as Treasure Island; that the existing crossing is insufficient as far as the safety of the community is concerned and requires a much longer way to be traveled by the residents of the subdivision. The Seaboard Coastline Railroad contends that the existing public opening should be used and right of way bought by the county so that there would not be an additional crossing of the tracks. AMTRAK contends that there should be no new openings across the tracks where the passenger trains speeds unless there is a great need and a study made to see if there cannot be a closing to balance the opening across the tracks. Florida Department of Transportation contends that a need has been established for the crossing and that the parties have agreed that lights, bells and gates are the needed signalization.

   
   

4. The Hearing Officer further finds:

   
   

   1. That a need has been established by the Applicant.

      
      

   2. That proper signalization includes flashing lights, ringing bells and gates.

CONCLUSIONS OF LAW

Section 338.21(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."

The need has been established inasmuch as a crossing will serve a growing community and there is but a viable crossing into the subdivision. The flashing lights, ringing bells and gates recommended by the Florida Department of Transportation through the District Safety Engineer is the protection needed.

RECOMMENDATION

Ordered that the permit for opening the subject crossing be granted, with design and construction to be in accordance with the provisions of the Manual of Uniform Standards for Design, Construction and Maintenance for streets and highways, Department Rule No. 14-15.02, with particular attention to Section XII: Rail-Highway Grade Crossings.

DONE and ORDERED this 7th day of March, 1978.

TOM B. WEBB, JR.

Secretary

State of Florida

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

COPIES FURNISHED:

Honorable Delphene C. Strickland Hearing Officer

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

Daniel H. Brunner, Esquire 955 L'Enfant Plaza, Southwest Washington, D.C. 20024

W. L. Hendry, Esquire Post Office Drawer 1337 Okeechobee, Florida

Jack J. Vereen, Jr. Assistant Division Engineer 2206 Northwest 7th Avenue Miami, Florida 33127

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

Mr. G. S. Burleson

Assistant State Utility Engineer Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Docket for Case No: 77-001743

Orders for Case No: 77-001743