The Issue Whether a permit should be granted for an at-grade crossing in the vicinity of Seaboard Coast Line Railroad Company Mile Post AX-973, 480 feet south of said mile post.
Findings Of Fact There is being constructed in Lee County, Florida, a roadway known as the Six Mile Parkway and also known as the Ortiz Loop Road. This roadway is a four lane divided highway with two 24 foot sections separated by a 40 foot median strip constituted of grass. The speed limit at the proposed railroad crossing is 55 mph. The average daily traffic is estimated to be 6,000 cars by the year 1978 and 18,000 cars by the year 1985. The railroad is a single tract facility, which carries three trains per week and six trips. These trains are freight trains with a speed limit of 35 mph at the proposed crossing. The trains average 30 cars per train, and primarily haul limerock and "stump wood". If a local mine, which is in operation, should increase production, the average number of trips per week could increase to 10 trains. Trains that travel on this track at this time, travel between the hours of 9:00 A.M. and 5:00 P.M., on a daily basis, but are not more particularly scheduled. It is contemplated that the cost of the installation of the railroad crossing with safety devices and the maintenance of this railroad crossing is to be paid for by Lee County, Florida. Lee County, through their expert witness, John Walter Ebner, P.E., testified that they would propose a type II, grade crossing with four lanes, the same width as the highway, with the identical pavement and a grass median of similar width as the highway. The safety device proposed by the applicant, Lee County, Florida, is a train activated flashing lights and bells device with cantilevered signalization. The Applicant does not feel control gates would be necessary at the present, considering the traffic volume of automobiles and trains. The Department of Transportation and the Seaboard Coast Line Railroad agree with the proposal of the Applicant, with the exception of feeling that automatic train gates should be installed from the inception of the construction of the railroad crossing. The Applicant is additionally concerned about the economics of the installation of a train activated device with automatic train gates. The concern is that the cost will be an additional $20,000 above their recommended safety device. The official statement of agreement to the construction of the at-grade crossing is found in the Resolution of the Board of County Commissioners of Lee County, Florida which was offered as an exhibit by the Applicant in the course of the hearing. That exhibit is Applicant's Exhibit #1. There was no offering of testimony or further statement by members of the general public or other parties.
Recommendation It is recommended that the permit be granted, to open the subject crossing, utilizing the safety equipment proposed by the Applicant, with the addition of the installation of automatic gates. DONE and ENTERED this 14th day of April, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Phillip S. Bennett, Esquire Office of Legal Operation Department of Transportation 605 Suwannee Street Tallahassee, Florida 32304 James T. Humphrey, Esquire Post Office Box 398 Fort Myers, Florida 33902 Marvin R. Herring Train Master Seaboard Coastline Railroad 1102 New Tampa Highway Lakeland, Florida 33801
The Issue Whether a permit should be granted to open a public at-grade rail highway crossing of the Florida East Coast Railway Company track at West Avenue "A" (Railway Mile Post K-61 + 4361'), in the City of Belle Glade, Florida.
Findings Of Fact The City Commission of the City of Belle Glade, Florida, prior to July 1, 1972, determined that it needed a grade level crossing on West Avenue "A" across the Florida East Coast Railway tracks. Thereafter on April 19, 1977 it submitted an application to the Respondent, Florida Department of Transportation, through its City Manager, Robert R. Sanders for the railroad grade crossing. The type of rail line existing is single track; the number of trains per day from November to May is 11, and from May to November is 2, and the speed of trains is 35 mph. The proposal is for a grade level crossing two- lane road. The cost of signal installation and the cost of annual maintenance is to be charged to the Petitioner. The railroad creates a dividing barrier separating the eastern part of the city from the western part of the city; a canal separates the southern part of the city from the northern part of the city. South of the canal there are three street level crossings across the railroad, of which the northernmost is the canal. The next one to the south lies approximately 600' south at Northwest Avenue "D". The third lies approximately 2800' south of Avenue "D" crossing. The proposed crossing is approximately 1,600' north of the southernmost Avenue "E" crossing and approximately 1,200' south of the Avenue "D" crossing. The area lying immediately west of the Avenue "D" crossing is primarily residential. West Canal Street and Avenue "E" carry the bulk of the traffic from east and west and from west to east lying south of the canal. The proposed crossing would provide an additional access from east to west lying south of the canal. The opening of a West Avenue "A" crossing would take some of the traffic from the crossing at Southwest Avenue The site for the proposed crossing is located along a curve of the railroad track and there are some sight problems because of the curve and because of vegetation. There are two at-grade crossings north of the canal. The police station is located on West Avenue "A" in the center of town east of the proposed crossing site. The fire department is located on Southwest Avenue "E", both of which provide emergency services to the high density area of the city without the use of a railroad crossing. The response time to the high density area is a matter of minutes for both the fire department and police department. Some response time could be saved to the affected area by the installation of the proposed crossing, but the time saving is under four minutes. No evidence was submitted as to the average number of police and fire calls from the affected area and there was no projection as to the average daily traffic across the proposed crossing.
Recommendation Deny the permit. DONE and ENTERED this 28th day of February, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of February, 1978. COPIES FURNISHED: John E. Baker, Esquire City of Belle Glade 257 Southeast Avenue E Belle Glade, Florida 33430 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 John W. Humes, Jr., Esquire Florida East Coast Railway Co. One Malaga Street St. Augustine, Florida 32084
The Issue Whether the at-grade crossing in the vicinity of Lincoln Avenue and Florida East Coast Railway Company Mile Post 104 + 172' in Ormond Beach, Florida should be closed.
Findings Of Fact By application the Florida East Coast Railway Company seeks a permit to close an existing at-grade public railroad crossing located in Volusia County, Florida, at Florida East Coast Railway Company Mile Post 104 + 172' in the vicinity of Lincoln Avenue. There exists a standard cross buck sign or fixed sign at the subject crossing and there is a vehicular stop sign on each side of the crossing. There is a total of sixteen freight rail movements and a total of two local freight rail movements crossing each day. In addition to these scheduled moves there are a few unscheduled movements such as work trains. The speed limit for this area is 35 m.p.h. A 24-hour traffic survey was set up on Lincoln Avenue just west of the railroad-tracks where the number of vehicles counted was 567. The 24-hour period started at 11:00 a.m. on November 18, 1975, and continued until 11:00 a.m. on November 19, 1975. There is no sight problem from south to north but from north to south there is a curve that bears to the right coming into Lincoln Avenue which gives a railroad sight problem. For vehicles there is a sight problem going from west to east, but no sight problem going from east to west. There have been four documented accidents at the crossing: one in 1962, one in 1965, and two in 1973. There has been expansion of the city to the areas particularly west of the railroad tracks and north of the crossing at State Road Lincoln Avenue is the only crossing between State Road 40 and State Road 5A. It is approximately 1.5 miles. There is a need for a railroad crossing in the area as an alternate to the crossing on State Road 40. The railroad suggests bells, flashing lights and gates, in the event this application to close is not permitted. The Department of Transportation recommends flashing lights and bells, suggesting that gates would be better, but such signalization adequate. The City did not recommend a type of signalization but did recommend that the permit to close be denied. The Hearing Officer further finds: The permit should be denied inasmuch as there is a need for the crossing; The crossing should be signalized to make it less hazardess; Signalization without gates is adequate.
The Issue Whether there should be an opening of a public at-grade rail/highway crossing by new roadway construction at the intersection of Berryhill Road and Seaboard Coast Line Railroad SYA 877-1610' South, Pasco County, Florida.
Findings Of Fact An application for an opening of a public at-grade rail/ highway crossing by new roadway construction was submitted by Robert K. Reese of Pasco County, County Commission District IV, Florida. The crossing location is in the municipality of Holiday. The local popular name of the street or roadway is Berryhill Roadway. The crossing is across the tracks of the Seaboard Coast Line railroad. The railroad mile post distance and direction is SYA 877-1610' south. The crossing would serve a subdivision known as Forest Hills East. The only entrance into the Forest Hills East Subdivision is a crossing by way of Elizabeth Avenue. This crossing is unsignalized and requires vehicular traffic to cross two spur line railroad tracks. There is a third possible entrance into the subdivision through a crossing known as Tumbleweeds but this entrance is undeveloped and is not now being utilized. The Forest Hills East Subdivision projects 250 single family dwellings in the development. There are no current plans to build condominium or apartment structures. Seaboard Coast Line Railroad previously approved water and sewer crossings underneath the railroad tracks at the Berryhill proposed crossing. There are deceleration and acceleration lanes and paving on the state road S-595 which leads up to the subdivision. There is an estimated three trains per week which would utilize the crossing and there is an unobstructed field of view from the center of the railroad track 1500 feet to the south and 700 feet to the north. On the proposed crossing proceeding in the western direction there is am available visibility of 89 feet south and 120 feet north with a train proceeding at 15 miles per hour. After public hearing in 1974 involving this same proposed crossing in which Dreher Construction Company, the developer of the subdivision, was the applicant, the Respondent, Department of Transportation, directed an issuance of the permit finding need but the issuance of the permit was conditioned upon the installation and maintenance of automatically operated signals consisting of flashing lights and ringing bells at the proposed crossing as the required safety measure. No permit was granted. The roadway has been built and access to the subdivision across the tracks is now complete except for signalization. Because of no signalization the entrance is now blocked for ingress or egress although at least two new homes have been constructed in the subdivision. The cost of the installation of the signalization which had been recommended by the Respondent, Department of Transportation, in 1974 and is still recommended, is between $30,000 and $40,000 with additional maintenance costs. The cost of the signalization of wooden cross bucks, stop signs and speed bumps with minimal maintenance costs is obviously much less although no evidence was submitted as to actual cost. The present applicant for the Berryhill crossing, the Pasco County Commission, District IV, represented by its Transportation-chairman Robert K. Reese requests that the permit for the proposed Berryhill crossing be granted without the requirement that electronic signalization be required. A need was cited for an additional crossing to serve the residents of the subdivision in addition to normal travel. Additional needs were cited by the fire department and hospital emergency vehicles. It was noted that many of the residents are retirees and that at times the one existing crossing is blocked by trains across the track. The applicant states that it is unwilling to expend county monies for the recommended electronic signalization. The developer of the subdivision is unwilling to install and maintain the electronic signalization. A large number of the residents of the subdivision want the proposed crossing opened immediately and at the hearing indicated that they felt that the roadside flashing lights were unnecessary and that they thought the cross buck and stop signs were all that is necessary. From a personal viewing of the Forest Hills East Subdivision and the crossing available to the residents therein, together with the evidence submitted, the testimony of parties who have substantial interest in the proposed crossing and after listening to the oral arguments of counsels at the hearing and the briefs submitted thereafter, the Hearing Officer further finds: There is an undisputed need for a crossing in addition to the present crossing to serve the subdivision. The present crossing is less safe than the proposed railroad crossing would be although both crossings are needed to serve the subdivision. The normal number of trains trafficking at the proposed Berryhill crossing is three times a week with a maximum scheduled speed of the train at 20 miles per hour. The crossing is needed and signalization of wooden cross arms and stop signs and speed zones would serve the public interest adequately although manual flagging of the train and the installation of flashing lights and ringing bells might be required at a future time. The need to the subdivision and the residents therein would be better served by opening the proposed Berryhill crossing inasmuch as it would give two entrances into the subdivision.
Recommendation Grant the permit for a period of one (1) year with wooden cross arms, a stop sign and traffic bumps as signalization and safety measures. Reevaluate after one year from date hereof. DONE and ORDERED this 23rd day of September, 1977, in Tallahassee, Florida. COPIES FURNISHED: H. James Parker, Esquire Delzer, Edwards, Martin, Coulter & Parker Post Office Box 279 Port Richey, Florida 33568 Jeffrey H. Savlov, Esquire Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32304 Eugene R. Buzard, Esquire Seaboard Coast Lime Railroad 500 Water Street Jacksonville, Florida 32202 DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 =================================================================
The Issue Whether there should be an opening of a public at-grade rail/highway crossing and new rail line construction on Jones Road and Georgia Southern and Florida Railroad - MP 243.
Findings Of Fact The following stipulation was agreed upon and written by the parties: "1. As to the necessity of the opening of the said crossing. Westlake is a develop- ment where in excess of $25,000,000 has been spent in a project of the Georgia Southern & Florida Railway, of which $15,000,000 has al- ready been spent to date. Such project has been reviewed and approved by the Jacksonville Planning Board and the public need has been recognized and determined for this residential and light industrial development. As to the facility. The track will be an extension of existing lead track that was originally considered and approved by the De- partment of Transportation crossing Garden Street and is an extension south to the Appli- cant's property lime. Said extension is to serve the need of said development and must be extended across Jones Road to facilitate the services of light industrial purposes. Said track is an extension being two miles in length. Safety and signalization. To meet the required safety standards of the State of Florida, Applicant agrees to install cantalevered flashing lights and bells, side mounted, which are referred to as Type 2 installation. Applicant also agrees to provide sign and pavement markings as specified in MUTCD. The parties agree that said construction of signal device will provide the required public safety. The present anticipated need of such crossing of the Applicant are for one train per day rail traffic in and out. Jones Road is a two-lane rural road with posted speed limits of 45 miles an hour. As to the construction. Said plans have been presented and approved by the City Engineer, Jacksonville, Florida. Applicant agrees to pay for the installation and maintenance of signalization. Approximately $35,000 for the installation and $3,000 per year maintenance. Applicant agrees that it is a quasi-public corporation existing in perpetuity. Applicant agrees to abide by the rules and regulations of the Department of Transportation and laws of the State of Florida, as well as the ordinance code of the City of Jacksonville." The facts as outlined in the stipulation of the parties are the Findings of Fact of the Hearing Officer.
Recommendation Issue the required permit. DONE and ORDERED this 25th day of July, 1977, 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 Julie H. Kuntz, Esquire American Heritage Life Building Jacksonville, Florida
Findings Of Fact The railroad crossing which is the subject of this proceeding is crossing number 272642-N, in the City of Miami, Florida. Its location at N.W. 13th Street is approximately 430 feet south of an existing crossing located at N.W. 14th Street, and roughly 850 feet north of another crossing located at N.W. 11th Street. The Railway's rationale for seeking to close the N.W. 13th Street crossing is that these other two nearby crossings offer practical alternate routes to the N.W. 13th Street crossing, and can provide adequate access to the area for the public and emergency services. The City's opposition is based on its contention that closure of the N.W. 13th Street crossing would adversely affect emergency access to the area, and would restrict access to the adjacent area where the City has at least two redevelopment plans pending which contemplate the building of approximately 10,000 new residential housing units. The Department of Transportation supports the closing of the subject crossing, contending that the existing crossings at N.W. 14th Street and N.W. 11th Street can carry the traffic that would be diverted from N.W. 13th Street, and that closing the N.W. 13th Street crossing would eliminate a hazard to the public at that point. The section of the Florida East Coast Railway involved in this proceeding runs from N.E. 79th Street to Biscayne Boulevard, a distance of approximately five miles. There are approximately 30 crossings now in existence over this section of the railroad's track. The principal justification for the closure of the N.W. 13th Street crossing is its proximity to the two crossings located at N.W. 11th Street and at N.W. 14th Street, and the resulting improvement in safety for vehicular traffic and railroad equipment. There is an overpass with large pillars directly above the subject crossing, and a curve in the railroad track at this location which tend to restrict the view of train crews as the crossing is approached. Closure will also eliminate upkeep and maintenance expenses caused by frequent vandalism at the N.W. 13th Street crossing location, and eliminate one sounding of the train whistle between N.W. 14th Street and N.W. 11th Street. The present signal device at the N.W. 13th Street crossing is between 20 and 25 years old, and should require replacement within the next two years at an estimated cost of $41,570, unless the application is granted and the crossing closed. In addition, this signal device has been the subject of vandalism on four different occasions during the months of August, September and October, 1981, which necessitated repairs at the crossing site. The frequency of vandalism at the N.W. 13th Street location exceeds that at most of the other crossings in the Miami area. Northwest 13th Street is not a through street, but is a localized road which is blocked by the embankment for I-95. It is one-way westbound from the general vicinity of Biscayne Boulevard and 2nd Avenue to just beyond the subject crossing where it becomes two-way past the I-95 embankment. Both N.W. 14th Street and N.W. 11th Street are arterial roads which pass beneath I-95 and are not blocked by the embankment. They are the alternate roads in the area with adequate capacity to carry the traffic diverted from N.W. 13th Street if this crossing were closed. The movement of fire, police and other emergency vehicles would not be impeded by closing of the N.W. 13th Street crossing, since the crossings at N.W. 14th Street and N.W. 11th Street are readily available and offer better access to the area than N.W. 13th Street. Police or fire vehicles moving eastward over the N.W. 13th Street crossing must travel over a circuitous route because N.W. 13th Street is not a two-way street east of the crossing. In addition, closure of the subject crossing would remove an existing conflict point (a point where the path of any vehicle is interrupted by another vehicle), which is beneficial from a safety standpoint. Finally, any population growth in the area will have adequate transportation over N.W. 14th Street and N.W. 11th Street and will not require the use of the N.W. 13th Street crossing. Consequently, there will not be any significant impact upon traffic over the crossings at N.W. 14th Street and N.W. 11th Street by closure of the N.W. 13th Street crossing.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Florida East Coast Railway Company to close the at-grade railroad crossing at N.W. 13th Street in Miami, Florida, be granted. THIS RECOMMENDED ORDER entered on this the 17th day of March, 1982, in Tallahassee, Florida. COPIES FURNISHED: Charles B. Evans, Esquire One Malaga Street St. Augustine, Florida 32084 Terry V. Percy, Esquire 174 East Flagler Street Miami, Florida 33131 Charles G. Gardner, Esquire 562 Haydon Burns Building Tallahassee, Florida 32301 WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of March, 1982.
Findings Of Fact The parties to this case filed a joint Stipulation of Facts by which it was shown that the County filed an application with the Florida Department in September of 1976 to cross the branch line of the Railway from Moultrie Junction (St. Augustine) to East Palatka, Florida at the Railway's Mile Post 44 plus 1780.3 feet. The crossing is more clearly shown by attachments to the County's application and the Railway's Plan 5O (MP 44 + 1780.3') of November 3rd, 1976, which was attached to the Stipulation of Facts, both of which are incorporated into these Findings. The proposed crossing will be by a county roadway to be non as Tillman Ridge Road, and will be primarily used by garbage trucks or other vehicles ceding access to the County's sanitary landfill. The Railway has currently scheduled two trains per week in each direction over the proposed crossing, but could handle additional regularly scheduled or extra trains as warranted. Train speed limit is 40 MPH. The County roadway will curve to the right on the north side of the Railway crossing. The Railway and the County have signed a contract calling for the installation of train activated flashing lights, gates and bells to be installed at the crossing. The County executed the agreement after the County Commission unanimously authorized execution at its public meeting of January 11th, 1977. A copy of that portion of the minutes of the County Commission meeting is attached and incorporated into this Stipulation. All of the parties to this proceeding agree that the crossing will be adequately protected by the installation of these devices. The Stipulation of Facts and the Motion for Entry of Recommended Order are incorporated as a part of this Order.
Recommendation It is recommended that the permit be granted and that the crossing be opened subject to the type of crossing protection equipment agreed on by the parties. DONE and ORDERED this 14th day of March, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this day of , 1977.
Findings Of Fact Sebastian has applied for a Department permit to open a public at-grade crossing of the Railway's right-of-way near Mile Post 218 + 146'. The proposed Stratton Avenue crossing of the railroad track is part of a planned eastward extension of Barber Street and Stratton Avenue. If completed, this extension will provide a new arterial road connecting the southeast interior section of Sebastian with U.S. Highway 1. (Stip.; P-2 (d); R-1) The proposed Stratton Avenue crossing will have an 80 foot right-of-way and eventually accommodate four lanes. During the permitting process, its alignment has been modified to provide for greater vehicular sight distance. Although the proposed Stratton Avenue extension does not cross the tracks at right angles, which would provide maximum sighting of oncoming trains, it is likely that further improvements in alignment can be made. Nevertheless, the alignment, as proposed, complies with standard engineering criteria contained in the "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways." (P-2 (d); Testimony of Adair) The alignment of the proposed crossing would allow for a 45 mile-per- hour speed limit. Twenty-four trains currently pass this section of track each day. The train speed limit is 65 miles-per-hour. (R-2) The proposed crossing will be provided with cross-bucks, gates, and flashers. The parties have stipulated that Sebastian will install, at its own expense, active grade crossing traffic control devices meeting the criteria of Rule 14-46.03(3), Florida Administrative Code. (Stipulation) Applications to open public at-grade crossings are measured by three criteria: convenience, safety of rail and vehicle traffic, and necessity. Existing routes must first be utilized when practicable. Damage to a railway's operation and safety must be considered. And when estimated traffic approaches 30,000 vehicles a day on main line tracks, the applicant must perform a cost- benefit analysis to determine if grade separation is warranted. See, Section 14-46.03(2)(a), Fla. Admin. Code. II. CRITERION 1: CONVENIENCE The proposed Stratton Avenue crossing would be convenient and provide several advantages to residents of Sebastian. (A map showing the location of the proposed crossing is attached for easy reference.) Improved Access to Hurricane Shelter. Sebastian Elementary School has recently been built at the intersection of Schumann Drive and south Barber Street. (Stratton Avenue will connect Barber Street with U.S. 1.) This school serves as a hurricane or civil defense fallout shelter for Sebastian and northern Indian River County. The proposed Stratton Avenue extension would provide an additional access route and facilitate evacuation of residents from U.S. 1 to the shelter. (TR-53-55) Improved Access to Sebastian Elementary School. The new school serves students located throughout the northern part of Indian River County. Currently, 42 school buses transport students to and from the school using Powerline Road (a dirt road unsatisfactory for bus traffic) and Schumann Drive (a road which traverses a residential neighborhood). A majority of these buses would use the proposed Stratton Avenue extension since it would be paved and would avoid built-up residential neighborhoods. The latter advantage may be short-lived, however, because Stratton Avenue will traverse a residential area which will eventually be developed. The Stratton Avenue extension would also benefit parents who bus their children to school because it would provide a new access road from U.S. 1. The School Board of Indian River County supports the Stratton Avenue extension and crossing because of the increased access provided to school buses and parents. (Testimony of Solin, Tipton, R-1, P-4) Improved Fire and Police Access to the Elementary School and South Sebastian. The proposed Stratton Avenue extension, with crossing, will enhance fire, police, and emergency service access to the elementary school and residential areas of south Sebastian. Currently, fire and police vehicles reach the south and southwestern portions of the city by proceeding south one and three quarters miles on Schumann Drive (which is one and three quarters miles north of Stratton Avenue), then south on Barber Avenue to the residential areas. The Stratton Avenue extension would provide a shorter and more direct route so emergency vehicles could respond more quickly. (Testimony of Solin) Improved Access to U.S. 1 from South Sebastian Residential Areas. Residents living in south and southwest Sebastian would have improved access to U.S. 1 and coastal areas if the extension, with crossing, is built. Residents traveling east on Barber Street would have a shorter and mode direct route to U.S. 1 and the coast. Two county road improvements planned for completion during the next two years will, however, improve access to and from Sebastian Elementary School and U.S. 1. Powerline Road will be widened and paved; Schumann Drive will be extended to Wobaso Road, as shown on the attached map. 2/ III. CRITERION 2: SAFETY The design and alignment of the proposed crossing meets or exceeds all safety and engineering standards of the Department, and no party asserts otherwise. The design will allow clear, though not optimum, visibility by both vehicle and train traffic. (Testimony of Murray, Adair, Tipton; P-2 (d), R-1) The proposed crossing will, however, provide a new point for potential collision between trains and motor vehicles, with resulting property damage, injury, and loss of life. Currently, 24 of the Railway's trains pass the crossing site each day, with a permissible speed of 65 miles-per-hour. The proposed crossing will increase the potential for collision between motor vehicles and trains. (Testimony of Tipton; P-16) The frequency and seriousness of grade-crossing accidents are cause for concern. In 1978, there were 1,122 grade-crossing fatalities, nationwide. Between 1979 and 1983, there were 177 grade crossing accidents involving the Railway's trains; 18 people were killed and 66 injured. These accidents occurred despite the fact that the Railway's public crossings are equipped with gates, bells, and lights. (Testimony of Tipton) It is generally recognized that, assuming equal volumes of vehicular traffic, the potential for accidents is directly related to the number of crossings. (Testimony of Tipton; R-1) IV. CRITERION 3: NECESSITY Although completion of the proposed Stratton Avenue extension, with crossing, would benefit Sebastian residents, there is no genuine need or necessity for the extension. Existing roads and crossings, with minor improvements (many of which are already planned or underway) can safely and adequately accommodate existing vehicular traffic and traffic demands projected for the next five years. (Testimony of Tipton; R-1) The Railway contracted for an in-depth traffic engineering study to determine whether the proposed at-grade crossing is needed for transportation purposes. That study, which is credible and accepted as persuasive, concludes that the existing roads and crossings serving the area north and south of Stratton Avenue can, with minor improvements, safely and adequately accommodate traffic demands reasonably projected for the next five years. (R-1) In conducting the study, William E. Tipton, an expert traffic transportation engineer, collected and analyzed four kinds of data: 1) Population growth projected in the area of the proposed crossing within the next five years; 2) Traffic characteristics at intersections and crossings near the proposed crossing; 3) Daily traffic counts at those intersections; and 4) Roadway improvements planned for the near future. (R-1, Testimony of Tipton) Existing traffic on the nearby intersections was counted and adjusted to derive peak season and peak hour conditions. Applying standard capacity measurements, the study indicates that, currently, 52 percent of the existing capacity of State Road 510 is used during peak conditions; 20 percent of the capacity of 87th Street is used; and 26 percent of Vickers Road. It is apparent that these roads currently have excess capacity and are underutilized. As Mr. Tipton stated: "I could have laid down in the road for a while while we were out there counting traffic, because the traffic was that low." (TR-119; Testimony of Tipton; R-1) The impacts of traffic generated by additional residential development projects planned for completion during the next five years was then analyzed. Traffic from these particular developments, assumed to be 100 percent occupied, was then assigned to nearby roads and a critical movement analysis was performed for each intersection. Level of Service "D" is the design standard which is normally deemed acceptable for peak hour, peak season traffic conditions. With the following minor improvements, the nearby intersections can provide "D" service or better during the next five years, without construction of the Stratton Avenue extension and crossing: 1) installing a signal at the intersection of U. S. 1 and 510, which is already underway; 2) adding a right turn lane on the south leg of U.S. 1 at this same intersection; 3) installing a traffic signal at the intersection of U.S. 1 and Schumann Drive to allow a left turn-out; 4) adding a left turn lane on the south leg of State Road 5A at the intersection of 510 and 5A. (TR 122-123) The cost of the proposed Stratton Avenue extension will exceed, many times over, the cost of these relatively minor intersection improvements. (Testimony of Tipton; R-1) Although the south Sebastian area was extensively platted for residential development during the 1960s, it remains sparsely populated today. It is projected fifty percent "build-out" will occur in 15 years, and full "build-out" in 30 years. At some point in the future the proposed Stratton Avenue extension will, undoubtedly, be needed but it is reasonably certain that it will not be needed for transportation purposes for at least five years. (Testimony of Tipton) V. NO DAMAGE TO RAILWAY OPERATIONS AND NO NEED FOR A GRADE SEPARATION COST-BENEFIT ANALYSIS There is no evidence that the proposed extension and crossing will damage or interfere with operations of the Railway. Should the Stratton Avenue extension and crossing be built, it is estimated that traffic use will ultimately approach 31,830 vehicles, but this will not occur within 20 years, the period considered to be a reasonable planning cycle for road improvements. No cost-benefit analysis was performed by Sebastian (to determine whether a grade separation is required) because the traffic projections did not approach 30,000 within a 20-year period. Further, there is no evidence that either the Department or the Railway ever requested that such an analysis be done. The parties' prehearing stipulation fails to indicate that the requirement of a cost-benefit analysis is at issue.
Recommendation Based on the foregoing, it is RECOMMENDED: That Sebastian's application for a permit to open the Stratton Avenue at- grade public railroad crossing be denied, without prejudice to its right to reapply in the future should circumstances warrant it. DONE and ENTERED this 23rd day of November, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of November, 1983.
The Issue Whether a permit should be granted for a public-at-grade rail/highway crossing by new rail construction 50 feet north of Seaboard Coast Line MP SVC 855, Ft. Green Springs Road, Hardee County, Florida, Section 0600-6605, State Road 663.
Findings Of Fact After the hearing was called to order the parties called for a recess and after the recess the following stipulation was agreed to: There is a need for the subject crossing to serve the applicant's mining operation. The new rail construction is needed to move rock from the mine to applicant's other plants. It was further agreed that the applicant, C. F. Mining Corporation, will Provide the installation of side mounted flashing lights and ringing bells, and advance warning disks with flashers and pavement markings as outlined in Part 8 of the Manual of Traffic Control Devices. The applicant, Hardee County, as a part of its overall road program will police the crossing and notify the applicant's mining corporation of any defective operation in the signalization. The permit would provide a way for an industrial spurline to come off the main track of Seaboard Coast Line Railroad across Fort Green Springs Road into the C. F. Mining Corporation plant. The Seaboard Coast Line Railroad did not appear at the hearing and made no objection to the granting of the permit. The need for the crossing has been established and proper precautions for public safety are planned.
Recommendation Grant the permit as Requested. DONE and ORDERED this 22nd day of November, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 Philip S. Bennet, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 David Ashby, Chief Engineer C. F. Mining Corporation Post Office Box 1849 Bartow, Florida 33830 Eugene R. Buzard, Esquire Seaboard Coast Line Railroad Company 500 Water Street Jacksonville, Florida 32202
The Issue Whether Respondent Department of Transportation (DOT) may lawfully issue a permit authorizing Florida East Coast Railway (FEC) to close the railroad-highway grade crossing (the Crossing) located at Landon Avenue in Jacksonville, Florida.
Findings Of Fact On July 14, 2002, McLaughlin filed an application with DOT for closure of the Crossing located in Jacksonville. Subsequently, on November 13, 2004, DOT issued a Notice of Intent to Issue a Permit (Notice) to authorize the closure of the Crossing. On December 8, 2004, Jacksonville timely filed a petition challenging the proposed granting of the permit and these proceedings ensued. DOT’s closure program conducts studies on over 3700 public highway-rail grade crossings and creates an inventory to determine crossings that could use improvement for safety reasons and for determining crossing closure. Florida Administrative Code Rule 14-57.012 outlines the standards for opening and closing of railroad-highway grade crossings. Florida Administrative Code Rule 14-57.012(2) states that: [T]he Department will accept applications for the opening and closing of public railroad-highway grade crossing from the governmental entity that has jurisdiction over the public street or highway, any railroad operating trains through the crossing . . . The Department, on behalf of the State of Florida, will also open or close public railroad-highway grade crossings in accordance with the criteria set forth herein. Closure applications will also be accepted from individual citizens or groups, such as neighborhood associations. Opening or closure of public railroad- highway grade crossings shall be based upon Notices of Intent issued by the Department, administrative hearings conducted pursuant to Chapter 120, Florida Statutes, or upon a Stipulation of the Parties executed by any applicant, governmental entity, the appropriate railroad, and the Department . . . If the applicant chooses to pursue the opening or closure of the public railroad- highway crossing, the railroad and governmental entity having jurisdiction at the location are notified and provided a copy of the application. The governmental entity should provide a public forum for community involvement and contact affected individuals or groups to obtain input on impacts to the community . . . . The criteria for closing include safety, necessity for rail and vehicle traffic, alternative routes, effect on rail operations and expenses, excessive restriction to emergency type vehicles resulting from closure, design of the grade crossing and road approaches, and the presence of multiple tracks and their effect upon railroad and highway operations. The criteria for opening are the same except for the excessive restriction to emergency type vehicles. Through an initiative from the Federal Railway Administration (FRA), and the Federal Highway Administration (FHWA) to decrease the number of at-grade railroad crossings by 25 percent, DOT has made a conserted effort to close or consolidate, redundant, unsafe, and unnecessary crossings. Crossing closure presents substantial benefit, inclusive of a decrease in the funding and liability for the city and railroad, which in turn can reroute the funding to improve other transportation routes in the area, and most of all increase the safety to the traveling public because there are fewer intersections where cars and trains can collide. Janice Bordelon, DOT’s Rail Specialist oversees the openings and closings of all public highway-rail grade crossings throughout the State of Florida. Bordelon received McLaughlin’s application for closure on July 14, 2002. On August 14, 2002, she sent a copy of the application to Chief Ray Alfred, Jacksonville Fire Department; Mr. Lynn Westbrook, Jacksonville Public Works Department; Mr. Fred Kyle, Chief of Jacksonville Traffic Engineering Division; Mr. Charles A. Stone, Director of Engineering services for Florida East Coast Railway; and Principal Carole Benson, Landon Middle School. In addition, she visited the site on at least nine occasions where she met with the community, with Jacksonville’s officials, with the school and school board, and participated in meetings of Jacksonville’s safety, transportation and finance committees. Bordelon requested input from Jacksonville officials and gathered information from a variety of sources and eventually moved forward in working with Landon Avenue Residents and the professionals from Jacksonville to get to a Stipulation of Parties that would result in closure of the Crossing. In this process, Bordelon compiled a Closure Application Analysis applying all the Rule criteria to the Crossing. Once the analysis was complied, she provided it to Jacksonville officials, the district Jacksonville councilman, the applicant, and the School Board. The Stipulation of Parties was eventually withdrawn and Bordelon issued a Notice of Intent substantially adopting the closure analysis she had done earlier. The Notice of Intent concluded through findings of fact and conclusions of law that the application to close the crossing at Landon Avenue met the requirements of the Florida Administrative Code criteria. In summary, Bordelon found that the Crossing was located on a blind curve, was an elevated crossing with low traffic volume, close to alternatives routes, and was unsafe, unnecessary, and redundant. The closure of the Crossing effectuates DOT’s policy of promoting improved safety at railroad crossings by eliminating chances where a train and car can collide. Landon Avenue is located in the northeast part of the San Marco neighborhood across the St. Johns River from Jacksonville’s downtown in the core of the original city area. Jacksonville’s public works department maintains Landon Avenue. On both sides of the Crossing, Landon Avenue is a two-lane road with no sidewalks and would not meet Jacksonville’s construction standards if it were built today. Landon Avenue is a narrow (20 feet wide) city street that begins at Kings Avenue and runs west past the north-south streets of Faragut Place, Dewey Place and Perry Place, all of which have direct access to Atlantic Boulevard. Landon Avenue makes a southwesterly turn and then crosses two railroad tracks. On the western side of the railroad tracks Landon Avenue passes Arcadia Place, Minerva Avenue (a one-way south street), Thacker Avenue (a one-way north street) all with access to and from Atlantic Boulevard. Landon Avenue continues west and runs through Hendricks Avenue and ends at River Road. G. Rex Nicholson, qualified as an expert witness in forensic engineering, rail safety and design, as well as highway safety and design, agreed with DOT’s rail specialist Jan Bordelon and opined that the Crossing is unsafe, unnecessary and redundant because it is located on a residential street, has low traffic volume, is a non-necessity for travel, and is relatively close to alternatives routes. He indicated that the first step in the analysis of a crossing closure is whether a grade separation (bridge for either automobiles or trains) is feasible. In this instance, such an alternative is not available. Additionally, active safety measures of four- quadrant gates could not be installed at Landon Avenue due to the need for the installation of a non-mountable median and the lack of right-of-way. The expert testimony of Nicholson that grade separation is not feasible, and that only way to improve safety at the Crossing is to proceed with closure, is un- rebutted. Nicholson’s testimony further establishes that Landon Avenue is also a safety risk because street parking narrows the 20-foot wide Landon Avenue. After safety, the second applicable criterion is the need for traffic. Testimony and data indicates that the necessity for vehicle traffic on Landon Avenue is minimal. There is an Average Daily Traffic (ADT) of 1473 vehicles a day that use the crossing. Another study by DOT approximates the Average Daily Traffic to be 1841. These are both considered low traffic counts. It is rare for residents of Landon Avenue to have a destination on the immediate other side of the crossing. The main travel use for Landon Avenue is as a “cut through” by non- residents to more distant areas and to beat train traffic. The third applicable criterion to Landon Avenue is whether the closing constitutes an excessive restriction to the transportation of emergency type vehicles. Nicholson and Bordelon found that closing Landon Avenue would not create an excessive restriction to emergency type vehicles. Landon Avenue is a tree-lined, residential street only 20 feet wide with a blind turn as the street approaches the track from the East. It is not a main road. Residents park in the street, and Jacksonville has proposed traffic-calming devices on the street. Landon Avenue is not a road that is conducive to emergency type vehicles. For the same reasons the road is unsafe for speeding impatient motorists, it is unsafe for an emergency vehicle cut-through. As the majority of the Petitioner’s case against closure revolved around the restriction to emergency vehicles, that issue is further addressed below. The next applicable criterion for closure is the approach of the road to the Crossing. The design of the road approach of Landon Avenue creates a safety hazard. As Landon Avenue approaches the track heading west, from Kings Road, the road turns to the southwest immediately before the Crossing to create a blind corner where vehicles are unable to see an approaching train. As Landon Avenue approaches the crossing heading east, from Hendricks Avenue, the view of the tracks to the north is obstructed by a building and plants. These obstructions make it very difficult for a speeding motorist to see an approaching train. The Crossing at Landon Avenue meets DOT and FRA initiatives for closure. It is not an arterial road, is used by high risk motorists, and is a safety risk for train-car collisions. Closure of the Crossing will effectuate the policy of improved safety at railroad crossings by eliminating the chance for train and car collisions. The Crossing is a public at-grade railroad crossing, designated by DOT as Crossing No. 271815X. It consists of two mainline tracks, a northbound mainline and southbound mainline that transport approximately 26 trains a day through the Crossing. In addition to FEC, Norfolk Southern Railway and CSX, also both class one railroads, operate trains over the Crossing. Present signalization at the Crossing consists of cantilevered flashing lights and gates; and reflective cross bucks. Safety is the first criterion in closure analysis. The Crossing is located at Railroad Mile Post 1.45, just south of a banked curve in the double tracks that makes it a “blind turn” for the conductor and engineer of a southbound train. Jerry Hall, Sr., FEC’s director of claims, narrated a video in evidence in this proceeding that further corroborates the train operators’ vantage point and demonstrates how the combination of double tracks and lack of site distance in the super-elevated banked curve create a safety hazard at the Crossing. One accident occurred at the Crossing when a train collided with a car, even though the standard cross bucks, lights and bells were operating. The train’s headlight was working and on, the train’s bell was working and the proper whistle signals were blown at the time of the accident; however, the train could not stop in time. The curve in the tracks delays the time a train operator has to avoid a collision with a car at the Crossing. Over 50 percent of train-car collisions result from cars avoiding passive devices and crossing tracks regardless. Accidents at railroad crossings often occur because the road hump over the track serves as a launching ramp for thrill seekers traveling through such intersections with trains at a high speed. This specifically occurs because a speeding automobile’s front wheels lift off the ground and the vehicle continues in the direction it was last going. When motorists sue over accidents in these situations, it is the municipalities or governmental entities with jurisdiction over the road that are usually held responsible. The Crossing is a perfect candidate for this type of accident. Further, the Crossing is a present safety concern for residents of Landon Avenue because it is used by cars and motorcycles as a ramp to “get air” in conjunction with such motorists speeding through the neighborhood to avoid traffic from other Jacksonville streets caused frequently by trains at other nearby intersections. In this regard, Residents saw a filming crew documenting motorcycles jumping the Crossing. They also have witnessed some individuals turn their bikes and vehicles around and repeatedly jump the Crossing. In addition to the accident noted above, Landon Avenue residents testified that there have been several near-miss incidents at the Crossing, including an unreported accident in which a speeding car hit a Landon Avenue girl. The next criterion in the closure analysis is whether there are alternative routes available. The Crossing is located in a residential area near six crossings within one mile of track. The next crossing to the north is located at 1/4 of a mile at four-lane Hendricks Avenue and the next crossing to the south is 1/5th of a mile or 900 feet at four-lane Atlantic Boulevard. These main artery roads, along with Kings Road, allow for easy access to both sides of the Crossing. Closure of the Crossing would disperse traffic onto three different roads: Atlantic Boulevard, Hendricks Avenue and Kings Road. Regardless of the index ratings for these roads, DOT’s goal of eliminating the interaction of vehicular traffic with rail traffic would be accomplished. Hendricks Avenue and Atlantic Boulevard are both four-lane main artery roads. These are safer roads, with non-elevated crossings, that have good sight distance for both train operators and motorists. Motorists do not go around the gates at a four-lane road as often as they do on a two-lane residential street. It would enhance safety to have traffic crossing the railroad tracks at Hendricks Avenue and Atlantic Boulevard rather than at Landon. Additionally, traffic safety would be enhanced by diversion of traffic to Hendricks Avenue and Atlantic Boulevard, thus eliminating one place where a vehicle and a train can try to occupy the same space at the same time and lessening the probability of a collision; logic shared, incidentally, with the United States Federal Government program named “Gradec,” that supports traffic safety enhancement through closure of rail crossings. The next criterion in the closure analysis examines how the closure would affect rail operations and expenses. The closure of the Crossing would decrease operating expenses for FEC and Jacksonville. The cost of maintaining the signal equipment and proper maintenance of the crossing would be avoided. The substantial savings realized by Jacksonville would include savings of $70,000.00 due to rehabilitation of the Crossing that is necessary every six or seven years. Further, FEC and Jacksonville liability and the associated litigation costs exposure would diminish. A criterion in the closure analysis examines the design of the crossing and the road approach. As previously noted, the design of the Crossing and road approach creates an unsafe condition because of the super-elevated nature of the tracks, and the Crossing. There are gouge marks in the pavement at the point of street and rail intersection at the Crossing where the undercarriages of vehicles have scraped against the pavement due to the elevation from the grade of Landon Avenue to the elevated area of the track location. To eliminate the elevated nature of the Crossing, the road approach would have to be raised to the level of the Crossing. Since the rail tracks are banked at a “super-elevated curve” this would be a difficult task. The next criterion examines the presence of multiple tracks and its effect on operations. The presence of multiple tracks and their effect on the railroad and highway operations increase the safety risk at the Crossing. Testimony of Landon Avenue residents and the FEC Claims Director establish that motorists go around the gates at the Crossing. Motorists expect that when one train passes the gates will immediately lift up and allow their vehicles to cross. When two tracks are involved, impatient motorists often misunderstand that there can be two trains coming from different directions at almost the same time. This is especially true where there is a blind corner and two quadrant gates. An impatient driver, unaware of the double track, may easily go around the gate and be caught off guard by the second train. Double tracks also increase the risk of accidents because the train operator of a several ton train doing 25 miles per hour on the southbound mainline has only 457 to 522 feet to avoid a collision with an impatient driver at the Crossing. This is not enough time to stop a locomotive engine, or a train. Closing the Crossing would save the railroad and Jacksonville operating expenses of maintaining the railroad while enhancing safety and achieving DOT’s goal of reducing the probability of a train-automobile collision. In 2000, McLaughlin inquired with DOT about closing the Crossing. He then consulted with Jacksonville. Jacksonville set up a formal meeting with the Lorin Mock, Jacksonville Fire Department; Jim Suber, Jacksonville Police Department; and the Jacksonville councilman who was the district representative at that time. At that meeting, the Jacksonville professional representatives acknowledged that there were no major problems with the closure of the crossing. The councilman at the time did not follow up on sending out letters to request community input. In July 2002, after a period of inactivity regarding the Crossing’s closure and after discovering DOT had authority to close the Crossing, McLaughlin filed an application with DOT for closure. City officials had no problem with closure of the Crossing, and the School Board Chairperson had no difficulty with such closure. A Stipulation of Parties for the closure of the Crossing was drafted and introduced to the City Council by Councilman Art Shad. The proposal was discussed at length before the City Council’s Transportation Committee, which Bordelon attended on behalf of DOT. The legislation to close the Crossing was then submitted to the City Council, but before a vote could be obtained the legislation was withdrawn and Jacksonville decided to oppose the closure. As established by testimony of the Director of Public Works, the withdrawal of the Stipulation of Parties was based on politics, not on any factual findings or meaningful opposition from any Jacksonville professional employee. Considering that a school bus is not an “emergency response type vehicle” the closure analysis regarding the bus goes to the criteria of safety, alternative routes, and effect on operations. There are 14 buses in the morning that come to Landon Middle School, and 16 buses in the afternoon that come to the school. These buses could use Arcadia Place or Hendricks Avenue or some other combination to cross the tracks and exit and enter the school. Additionally, buses stack up on Landon Avenue while waiting for the children which could possibly result in a train-school bus collision which, as established by testimony of David Solomon, an employee of the Duval County School, would be “the worst nightmare an organization can have.” The Duval County School Board had previously addressed the closure of the Crossing and indicated approval prior to Jacksonville’s reversal and decision to oppose that action. Kris Barnes, the Duval County School Board Chair, wrote an October 27, 2003, letter to Ms. Bordelon stating on behalf of the School Board that, after having spoken with the Landon Middle School principal and the Duval County School Board Safety Department, there would be no problem with the closing of the Crossing. There are easily accessible alternative routes that would not disrupt the school or school bus operations and would result in a significant enhancement in safety. Nicholson’s un-rebutted expert testimony concluded that if Jacksonville were applying to install a new crossing at Landon Avenue it would not meet the criteria for an opening, which contains six of the seven criteria for closure. The seventh criterion is whether the closure would cause an excessive restriction to emergency type vehicles. Jacksonville presented testimony, but no data, regarding the fire and rescue vehicles using the crossing. DOT applies the word “excessive restriction” in its rule to mean an excessive restriction for travel. Bordelon’s analysis concluded that the ambulances and other vehicles could easily use the alternative non elevated crossings at Hendricks and Atlantic without being excessively restricted from traveling to an emergency. In processing McLaughlin’s application for closure, Bordelon conducted an independent review of the distance and first response times by fire and emergency vehicles to the Crossing. Bordelon found that fire station 12 and fire station 13 were very close to the Crossing and could easily be reached within the time limit goal of four to six minutes. Since the Landon Avenue/ San Marco area is close to downtown Jacksonville, there is overlapping fire and rescue coverage from fire stations 12 and 13. Using the Atlantic Boulevard railroad crossing, fire station 13 is approximately 0.6 miles from the 1700 block of Landon Avenue. Using the Atlantic Boulevard railroad crossing, fire station 12 is approximately 1.5 miles from the 1500 block of Landon Avenue. The alternative routes that a fire/rescue response from station 13 would have to take to avoid the Crossing are minimal, or approximately an additional fourteenth (.14) of a mile. The alternative routes that a fire/rescue response from station 12 would have to take to avoid the Crossing are minimal, or approximately an additional tenth (.10) of a mile. Jacksonville’s Fire Chief Lorin Mock testified that the there “would be no issue at all in the crossing closure” if it were involved with fire responses using the Atlantic Avenue crossing instead of the Crossing. The average response time from either of these stations to the Crossing is 3.9 minutes. The goal average response time by the Jacksonville Fire Department is six minutes. The response time is calculated from the time a call is made to the time the emergency vehicle arrives on the scene and includes the 911 call and response. Chief Mock and the Jacksonville Fire Department oppose any closure of a railroad crossing, regardless of the safety need for the closure. In the words of Chief Mock, rail crossings are a “string of pearls” that the fire department uses to cross the railroad tracks and the more opportunities to cross the better. He acknowledged that he was looking at the definition from an emergency response standpoint. Per Nicholson’s un-rebutted expert testimony, there is no appreciable difference in response times and distances and no excessive restriction to the transportation of emergency vehicles. Chief Mock’s acknowledgement that the residents of Landon Avenue have “pretty good” overlapping fire coverage because the spacing of fire stations are closer in the core city area, and fire hydrants are available on both sides of the track serves to corroborate this determination. The closure would not result in excessive restriction to the transportation of emergency vehicles.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered approving the requested permit for closure of Department of Transportation Crossing No. 271815X in Jacksonville, Florida. DONE AND ENTERED this 5th day of August, 2005, in Tallahassee, Leon County, Florida. S DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of August, 2005. 1/ John F. Kennedy
