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.
Recommendation Close existing railroad crossing at Citrus Springs Boulevard and Seaboard Coastline Mile-post 763. DONE and ORDERED this 8th day of November, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Eugene R. Buzard, Esquire Seaboard Coastline Railroad 500 Water Street Jacksonville, Florida 32202 Mr. Gordan S. Burleson, Sr. Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William Livingston, Esquire 3250 S. W. 3rd Avenue Miami, Florida James L. Shroads, Esquire 2350 S. W. 3rd Avenue Miami, Florida 33129
Findings Of Fact The City is an incorporated city within the State of Florida. The subject railroad crossing on South Caledonia Street is located within the city limits of Marianna. The DOT is the agency of state government which is charged with the regulation of railroad crossings, to include the determination of whether a crossing should be opened or closed. The CSX is the railroad company which owns the railroad and railroad crossing in question and which may have to pay a portion of the costs of any improvements to the crossing. South Caledonia Street is constructed along a section line and runs due south through Marianna connecting US 90, a major east-west arterial highway, with the southern portion of Marianna and its rural environs as it becomes Highway 73 at its intersection with Jefferson Street. See Railroad's Exhibit 1. South Caledonia Street, one of ten north-south streets which crosses the railroad within the limits of Marianna, is the only one which runs straight south over the tracks to Interstate 10. South Caledonia Street is one of the four streets which provides transit over the tracks in the eastern portion of Marianna. In order from east to west, Jefferson Street, Green Street, Caledonia or South Caledonia Street (the one in question), and West Caledonia Street run north and south and provide the principal links between US 90 and South Street, in the eastern portion of the City. South Street is a major east-west street in the southern part of the City. The other east-west roads south of US 90 are Jackson Street north of the railroad; Pearl Street running west from South Caledonia between the railroad and South Street; and unpaved Franklin Street running eastward immediately north of the railroad between Caledonia and Green Streets and running westward south of the railroad between Caledonia and West Caledonia Streets. South Caledonia and West Caledonia Streets are principally residential from South Street to one block south of the railroad tracks, and commercial north of the railroad tracks. DOT's Exhibit 1 is an annotated aerial photograph of this portion of the City showing the major roads named above and the daily traffic counts on them. In recent years, the railroad crossings on West Caledonia, Green, and Jefferson Streets have been upgraded to current standards. The crossing on Caledonia Street is not improved, and the street is in very poor condition between Jackson and Pearl Streets; however, planned resurfacing of the street has been delayed while this case is litigated because upgrading the crossing will require recontouring of Caledonia Street. The poor condition of Caledonia Street has reduced traffic on the street over the railroad and has caused the existing traffic to go slower. There has never been a train-car accident at the South Caledonia Street crossing. Recontouring Caledonia Street at the railroad crossing will eliminate or reduce access to A.B. Williams Concrete and Block Company from Caledonia Street; however, there is access to the company from Green Street. The owner supports keeping the crossing open even if it restricts access to his business. Recontouring Caledonia Street would make it feasible for heavy trucks to move over the crossing on South Caledonia Street which is Highway 73 south of its intersection with Jefferson Street. Currently, the majority of the heavy truck traffic is using West Caledonia to move south and turning left on South Street to come back to Caledonia Street and out Highway 73. The intersection of West Caledonia and South Street is not well suited for such traffic. It will cost at least $250,000 to upgrade the existing crossing. It costs $612 each year to maintain the upgraded crossing. Letting the crossing remain open will have no effect on the operations of the railroad. There was no evidence presented on the costs of paving Franklin Street or the unpaved portions of the railroad right-of-way to enable traffic stopped at the railroad to move east and west north of the tracks or westward south of the tracks. There is no available route eastward south of the tracks. No evidence on the traffic count over the crossing was presented. The DOT did not take a traffic count over the crossing. If the closure of the South Caledonia Street crossing increases the traffic on Jefferson Street, currently 4,000 vehicles per day, to 5,000 vehicles per day, the Jefferson Street crossing will have to be upgraded to have bells, lights and gates. A significant increase in traffic count on Jefferson Street is possible given the current use rate of Caledonia Street north and south of the railroad, which is known. No evidence was presented on the cost of upgrading the Jefferson Street crossing. Caledonia Street is not used by emergency vehicles or school buses, and there are viable alternatives for emergency vehicles to cross the railroad tracks if this crossing were eliminated. However, closing this crossing will create a cul-de-sac north and south of the existing crossing on Caledonia Street because of the absence of paved east-west through streets. As indicated above, it will be very inconvenient and costly to create east-west links to eliminate these cul-de-sacs. In spite of the poor condition of the crossing and the road surface and the availability of alternatives, Caledonia Street carries more traffic than does Green Street which has had its crossing upgraded. Caledonia Street, upon which the subject crossing is located, is the only straight north-south route from US 90 to Highway 73. The preservation of this route for the future must be considered.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that CSX, Inc.'s Petition to close the public vehicular crossing on Caledonia Street in Marianna, Florida, be denied, and said crossing be kept open. DONE AND ORDERED this 14th day of November, 1989, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of November, 1989. COPIES FURNISHED: Mr. Ben C. Watts Interim Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Thomas H. Bateman, III, Esquire General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32399-0450 Michael D. Mee, Esquire Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 Stephen H. Shook, Esquire 500 Water Street Jacksonville, Florida 32202 Herman D. Laramore, Esquire Post Office Box 793 Marianna, Florida 32446 ================================================================= AGENCY REMAND ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION AND CSX TRANSPORTATION, INC., Petitioners, vs. DOAH CASE NO. 89-3557 CITY OF MARIANNA, Respondent. / ORDER REMANDING CAUSE FOR RECONSIDERATION The Recommended Order was issued in this cause on November 14, 1989. On December 4, 1989, the Department of Transportation filed Agency's Exceptions to Recommended Order, copy of which is attached. A review of the complete record has been made. The Department of Transportation remands the instant cause to Stephen F. Dean, Hearing Officer, Division of Administrative Hearings, for reconsideration based on the following: The Recommended Order states in Finding of Fact Number 9 that the closure or the South Caledonia Street crossing would increase the traffic on Jefferson Street resulting in one upgrading of the Jefferson Street crossing by the addition of bells, lights and gates. The finding is not supported by competent substantial evidence in the record. At the hearing below, testimony was adduced that the Jefferson Street crossing has already been upgraded with bells, lights and gates. (Transcript pages 99 - 100) Since the Hearing Officer relied, in part, upon this incorrect factual determination, the case is remanded to the Hearing Officer for reconsideration pursuant to the facts as corrected. Accordingly, IT IS ORDERED that the instant cause is remanded, for twenty days following receipt of this Order, to Stephen F. Dean, Hearing Officer, Division of Administrative Hearings for reconsideration. DONE AND ORDERED, this 21st day of December, 1989. BEN G. WATTS, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 COPIES FURNISHED: Stephen H. Shook, Esquire 500 Water Street Jacksonville, Florida 32202 Herman D. Laramore, Esquire Post Office Box 793 Marianna Florida 32446 Michael D. Mee Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0458 ================================================================= ORDER ON REMAND =================================================================
The Issue The issue for determination is whether the request for a permit to close the railroad crossing located at East Dade Avenue in the City of Bushnell, Florida, should be granted.
Findings Of Fact Bushnell received notice of DOT's intended agency action in this matter in the form of a copy of DOT's, INTENT TO ISSUE PERMIT, dated May 23, 1990. The permit would authorize the closing of the East Dade Avenue railroad crossing located in Bushnell. Bushnell filed a petition requesting formal proceedings on June 19, 1990. Bushnell has a population of 1,945, according to unofficial 1990 census figures. Population has increased almost 100 percent from the last census count which revealed the population to be 983. Within the City, there is a total cf six street crossings on CSX's railroad. The railroad traverses the center of the City with one main line and one storage line which permits trains traveling in opposite directions to pass each other. All the crossings fall within .76 of a mile and are located on traffic routes intersecting with the City's main thoroughfares; Main street running parallel to the west side of the railroad and Market street running parallel to the railroad's east side. In addition to the crossing located on East Dade Avenue, the other five crossings in the City are located on East Seminole Avenue, Central Avenue, Bushnell Plaza, Noble Avenue and Belt Avenue. While the East Dade Avenue crossing is un-signalized, the other five crossings are protected by flashing lights, bells and gates. Factors usually considered in determining need for a railroad crossing are locations of schools, hospita1s, fire stations and police stations. Also considered are volume and type of railroad and vehicular traffic; availability of alternate crossings; whether alternate crossings require use of excessively circuitous routes; whether the crossing presents a restrictive view to crossing traffic; the length of time that the crossing is blocked to crossing traffic by train activity; motor vehicular and train speed limits in the area; and the number of accidents occurring at the crossing. There are no hospital facilities within the City. The elementary school is located south of East Dade Avenue near Noble Avenue and Bushnell Plaza. The high school is located north of Belt Avenue and west of the railroad outside of the city. The East Dade Avenue crossing is not included in any school bus route for either school. The City Hall and Police station are located adjacent to Noble Avenue. This location is south of East Dade Avenue and east of the railroad. The East Dade Avenue crossing is not a regularly used route for fire and police vehicles, although it does serve as a main alternate route for those vehicles. The major reason for usage of the East Dade Avenue crossing as an alternate route for fire and police vehicles is the lack of traffic signalization at the intersection of East Dade Avenue with Main and Market Streets. Since Bushnell has no preemptive circuitry for existing traffic signals at the other nearby signalized alternative routes, closing the East Dade Avenue crossing would constitute an excessive restriction to emergency vehicles in the form of inordinate delay in their response time while waiting for traffic lights at more heavily travelled alternative intersections. Such delay would subtract from the limited time available to emergency personnel, commonly known as the "golden hour", to render aid to individuals requiring immediate attention. The Dade Avenue crossing is 580.8 feet, 686.4 feet and 1108.8 feet from Belt Avenue, Noble Avenue and Bushnell Plaza, respectively. In the event that the East Dade Avenue crossing is closed, it is estimated that motorists desiring access to East Dade Avenue from Market Avenue will only need to travel an additional few seconds and use Belt Avenue to then access East Dade Avenue. DOT conducted traffic counts on East Dade Avenue on February 5, 1990 through February 19, 1990. The results show that an average of 367 westbound vehicles use the crossing daily. A total of 178 eastbound vehicles utilize the crossing on a daily basis. An average of 16 trains use the tracks daily, passing through the City at approximately 35 miles per hour. The storage track, located on the west side of the main line, presents an obstacle to observation by an eastbound motorist on East Dade Avenue if a train is on the storage track. The lack of railroad signalization at the Dade Avenue intersection with Main and Market Streets presents a potential for automobiles, waiting at the stop sign on East Dade Avenue for approaching vehicles on Main and Market Streets to pass, to become trapped on the railroad tracks. Further, East Dade Avenue does not provide a direct route to any of the City's points of interest or public facilities. DOT quantifies the relative safety railroad crossings through the assignment of a safety index number to each crossing in the state. In a comparison of railroad crossings, a higher safety index number for one crossing implies a higher level of safety at that crossing. The determination of the safety index number for a crossing includes consideration of traffic volume at the crossing. East Dade Avenue has the highest safety index of any of the six railroad crossings in Bushnell. As determined by DOT traffic counts conducted in February of 1990, the crossing also has the lowest average daily traffic use of any of the six crossings, a determinative factor in accident occurrence. Belt Avenue and Noble Avenue, the two crossings immediately adjacent to the north and the south of the East Dade Avenue crossing have average daily traffic counts of 2,715 and 6,080, respectively. In view of the low traffic count at the East Dade Avenue crossing, closure of that crossing may increase Belt Avenue crossing traffic from 2,715 to 3,023 and Noble Avenue traffic from 6,080 to 6,388. The minor increase in traffic at the Belt Avenue and Noble Avenue crossings in the event of closure of the East Dade Avenue crossing would have no appreciable effect in the safety index presently accorded those two crossings. The Belt Avenue crossing safety index could be expected to decline from 65 to 64.4 and the Noble Avenue index could be expected to decline from 59.8 to 59.6. The CSX railroad contemplates the expenditure of $1,277 a year to maintain the East Dade Avenue crossing. This cost figure includes only the cost of surface maintenance and does not include any cost of maintenance of any future signalization that might be installed at the crossing in lieu of the crossing's closure. Funding has been reserved to signalize the East Dade Avenue crossing in the event the crossing is not closed. The CSX railroad also contemplates that closing the East Dade Avenue crossing will increase the likelihood that trains will be permitted to travel through the City at speeds closer to the line speeds (some as high as 79 miles per hour) realized outside the City, resulting in more economical operation of train engines and thereby yielding some savings to the railroad. No authorization regarding such increased speed limits has been given by DOT or Bushnell to the railroad at the present time. Bushnell's comprehensive plan assumes that the East Dade Avenue crossing will remain open as part of the total traffic circulation element of that plan. The City's comprehensive plan was not reviewed by DOT's diagnostic team in the course of their research regarding whether to recommend closure of she East Dade Avenue crossing, nor did the team hold any consultation with City officials regarding the plan. Closure of the East Dade Avenue crossing would adversely affect existing and proposed local businesses on East Dade Avenue near the intersection with Main and Market Streets because such action would prohibit direct access to Main Street. DOT has established a policy manual, agency procedures applicable to any implementation of the agency's decisions to close railroad crossings. Pertinent procedures in section 1.4.9 of that manual restate rule closure criteria contained in the agency's promulgated administrative rules and emphasizes that no crossing should be closed that serves as a main or alternative route for emergency vehicles. Implementation of any proposed closure of a crossing is to be accomplished in accordance with section 2.3.4 of the manual which also states that a crossing should not be closed if it serves as a main or alternative route for emergency vehicles. This section further prescribes that consultations should be had with city, county and state planning agencies to determine closure compatibility with established growth plans.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered denying the requested permit for closure of the East Dade Avenue crossing. DONE AND ENTERED this 26th day of March, 1991, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Fl 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of March, 1991. APPENDIX The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statut.es, on findings of fact submitted by the parties. Petitioners' Proposed Findings. (findings submitted by DOT have been adopted by CSX.) Rejected, conclusion of law. Rejected, not supported by weight of the evidence. 3.-5. Adopted by reference. Adopted in substance. Adopted by reference. 8.-17. Adopted in substance, though not verbatim. The weight of the evidence supports a finding that 16 trains use the tracks daily. Adopted in substance, though not verbatim. Rejected, hypothetical with regard to subject crossing. Adopted. Rejected in part in view of the finding that lack of railroad signalization permits automobiles to be on the tracks at the crossing. Adopted as to the hazardous condition potential for cars to be trapped on the tracks. Adopted in substance, though not verbatim. 24.-26.Adopted. Rejected, speculative. Rejected, unnecessary. Rejected to extent that this proposed finding speaks to the agency's adherence to its procedures manual. The evidence establishes the agency's dereliction in this regard. 30.-32.Rejected, not supported by weight of the evidence. Respondent's Proposed Findings. 1.-2. Adopted by reference. 3.-6. Rejected, unnecessary. 7. Included. 8.-1S. Rejected, recitation of law and preliminary matters. 16.-25.Adopted in substance. Hypothetical. Adopted. 28.-30.Rejected, recitation agency policy manual. 31. Adopted in substance. 32.-36.Adopted by reference. 37.-41.Adopted in substance, though not verbatim. Rejected, unnecessary. COPIES FURNISHED: Stephen H. Shook, Esq. CSX Transportation Inc. 500 Water Street Jacksonville, FL 32202 Charles C. Gardner, Esq. Department Of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Bryan F. Eubanks, Esq. P.O. Box 128 Bushnell, FL 33513 General Counsel Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Ben G. Watts Secretary Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458
The Issue Whether a permit should be issued to close an at-grade crossing in the vicinity of Florida East Coast Railway Company Mile Post 123 + 3,478 feet and Eleanor Street in New Smryna Beach, Florida.
Findings Of Fact The Eleanor Street railroad crossing is within the city limits of New Smyrna Beach, Florida, and serves a residential neighborhood. There are a total of 16 freight train movements north and south in a 24-hour period. There are normally two local freight trains each day. In August of 1966 there was a railroad train/automobile accident in which there were two fatalities and one injury. There is a small manufacturing plant on the west side of Eleanor Avenue which uses subject crossing. The factory has approximately 15 trucks. Motor vehicular count shows that there are between 600 and 900 crossings per day at this railroad crossing. Eleanor Street is a two- way street and the train is a single track. The street is relatively straight on the east side of the track and there is a reverse curve on the west side of the track. The crossing is protected by cross bows and stop signs. To the south of Eleanor Street, several hundred feet, is Wayne Street crossing, which is a two-lane street protected with flashing lights and gates at the railroad crossing. The Wayne Street crossing is heavily traveled with a traffic count of some 2,407 crossings per day. Although there are several crossings in close proximity, ditches and lack of through streets make these crossings inconvenient to those presently using subject crossing. The petitioner desires the crossing be closed, but if it is not closed that flashing bells, lights and gates be installed. The Respondent City does not want the crossing to be closed and states that it has allocated 10 percent of the required funds for installation of proper signalization. The Respondent Department of Transportation does not recommend that the crossing be closed and recommends that the crossing be signalized by a Type I signalization which is roadside mounted flashing lights with bells. Federal funds can he used for this project.
Recommendation Grant the petition to close unless installation of a Type I denomination of signalization is begun within sixty (60) days from date of Final Order. DONE and ORDERED this 12th day of February, 1976. 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 Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Charles B. Evans, Esquire General Counsel Florida East Coast Railway Company One Malaga Street St. Augustine, Florida 32084 Charles A. Hall, Esquire City Attorney Bank of New Smyrna Building New Smyrna Beach, Florida
Findings Of Fact Florida West Coast Railroad (FWCR) applied to the Florida Department of Transportation (FDOT) to close an "at-grade" railroad crossing at Northwest 5th Street in the City of Newberry, Florida. By date of September 13, 1993, FDOT issued its Intent to Issue Permit (approval of FWCR's closing application) to all interested parties showing a scheduled on-site conference at the crossing location on May 6, 1993. FDOT's intent to approve FWCR's application was not altered subsequent to the opportunity for input by representatives of the City of Newberry at the May 6, 1993 conference and at a public hearing. The City had at least one public official or an official's designee present at both of the foregoing events. The City timely filed its request for a formal hearing pursuant to Section 120.57(1) F.S. dated October 6, 1994. A CSX railroad track runs roughly northwest to southeast, through the City of Newberry. It effectively bisects the city, west and east. The FWCR railroad track runs roughly northeast to southwest and intersects the CSX track in a rough "X" shape . There are six crossings on the FWCR track and five on the CSX track, all within the city limits. Northwest 5th Street, Newberry, consists of an unimproved dirt right- of-way. The average vehicular traffic count is eleven vehicles per day. The crossing FWCR seeks to close is officially numbered D.O.T./A.A.R. 625898V, also known simply as "898." By the parties' stipulation, it is undisputed that Crossing 898 is within the city limits at Northwest 5th Street in the City of Newberry, Alachua County. It is also stipulated and undisputed that two freight trains traverse the crossing daily at a speed of approximately ten miles per hour; that the crossing is not used by any school buses; and that the only warning devices are "crossbucks." James Sewell, Fire Chief for the City of Newberry, is the coordinator for Emergency Medical Services (EMS) within the city. His department provides basic life support (BLS) in conjunction with advanced life support (ALS) provided by the County of Alachua to city residents under an inter-local agreement. The city's emergency medical equipment and fire truck are kept at the City Fire Department on North Main Street, just north of its intersection with Northwest 3rd Avenue. Northwest 3rd Avenue runs directly west from its intersection with North Main Street, eventually intersecting with Northwest 4th, 5th and 6th Streets. At the intersection of Northwest 3rd Avenue and Northwest 4th Street is a fire hydrant. At the intersection of Northwest 3rd Avenue and Northwest 5th Street is the 898 crossing. Chief Sewell and other city witnesses expressed concern that the closing of Crossing 898 would impede rapid response by ambulances, fire, or other emergency vehicles and would lessen accessibility to the service area denominated "the northwest quadrant," which is becoming more residential. The northwest quadrant is located north of the FWCR track and its crossings 898 and 899 which intersect it. FDOT and FWCR advocated that the city fire and emergency medical vehicles could respond from the Fire Department and go south on Main Street to Central Avenue (SR 26) then west on Central Avenue to Northwest 6th Street and north on Northwest 6th Street across Crossing 899 to reach the northwest quadrant. At the present time they can do that, and they also can turn one block earlier and take NW 5th Street north from Central and across Crossing 898, something they could not do if Crossing 898 is closed. The county vehicles could traverse SR 26 which is also Central Avenue, to Northwest 6th Street and use Crossing 899 to reach the northwest quadrant without having to digress to the Fire Department. At the present time, they can also take Northwest 5th Street to Crossing 898. Although Chief Sewell acknowledged that there was a fairly even distribution of fire hydrants throughout the city, he also testified that Crossing 898 encompasses a primary route for city fire trucks responding to a structural fire because of the hydrant located at 4th Street and 3rd Avenue. He has often had to use Crossing 898 and the hydrant at 4th Street and 3rd Avenue for fire responses and command procedures associated with those fires. As recently as last year, the city experienced a major brush fire in the northwest quadrant with high gusting winds which would have been difficult to contain without utilizing that hydrant. If he had not been able to use Crossing 898, he would have had to go to Northwest 6th Street Crossing No. 899 or 6th Avenue Crossing 622495 a/k/a "495." The 6th Avenue Crossing 495 is north of the FWCR track and Crossings 898 and 899 and intersects the CSX railroad track. Chief Sewell testified that although he could have still strung water lines that far, he would also have had to send his fire truck back to that hydrant, away from the scene of the fire, institute different command procedures which might be less effective, and increase his fire vehicle response time in that area from thirty seconds to roughly two minutes. According to Chief Sewell, Crossing 898 encompasses a primary route for city EMS vehicles and it constitutes the quickest, shortest route to an emergency in the northwest quadrant, especially for a heart attack or stroke victim who should receive care within four minutes of a "911" call. After six to eight minutes, an untreated heart attack or stroke victim can suffer irreversible brain damage. If someone in the northwest quadrant calls "911", the city's EMS vehicle can now respond via 6th Avenue Crossing 495, Northwest 5th Street Crossing 898, or Northwest 6th Street Crossing 899. It was not demonstrated how response via Crossing 495 could be very effective or speedy, however, or how the city emergency vehicles would reach Crossing 495, given its location on the north side of the FWCR tracks unless they used some other crossing too. If 6th Avenue Crossing 495 were blocked, vehicles could use 1st or 2nd Avenues to get to Crossing 898 or 899 now or to get to Crossing 899 if 898 is closed. Crossing 898 at Northwest 5th Street is a primary route, particularly if other crossings are blocked. Blockage of several crossings at once is common when the CSX coal train, which is over a mile in length, stops for ten to fifteen minutes at a time. That train comes through Newberry twice a day and can come through more often. It is possible for Crossings 496 at 2d Avenue, 497 at 1st Avenue, and 498 at Central Avenue on the CSX track to be simultaneously blocked by this train, which effectively blocks both Crossings 898 (Northwest 5th Street) and 899 (Northwest 6th Street) as well. The Mayor has had to break the train to allow emergency vehicles to pass on occasion. There have been no vehicular-train accidents at Northwest 5th Street (898), Northwest 6th Street (899) or Northwest 6th Avenue (495) since 1979. There is only a block between Northwest 5th and 6th Streets in the city. Northwest 6th Street is paved and its crossing 899 is comparatively flat. Crossing 899 also has advanced signage designed to prevent car-train accidents, which Crossing 898 does not. Crossing 898 at Northwest 5th Street is currently "signed" only with crossbucks. Northwest 5th Street is unpaved and Crossing 898 is elevated significantly, both of which conditions may cause vehicular traffic to voluntarily slow to accommodate the jackknifing effect of topping the track. Modern cars may "bottom out" on it. Similar problems may exist for fire trucks and long emergency vehicles. According to Chief Sewell, there is a "standard" that permits emergency vehicles to approach railroad crossings with care, subject to stopping for the protection of firefighters or patients. This means that paved unelevated roads, such as Northwest 6th Street do not necessarily make for quicker response times than dirt roads such as Northwest 5th Street. The Northwest 6th Street crossing (899) is located 465 feet west of the Northwest 5th Street crossing (898) which FWCR seeks to close pursuant to this proceeding. Northwest 6th Street is connected to Northwest 5th Street by roadways on both sides of the railroad. Using Northwest 6th Street Crossing 899 or Northwest 6th Avenue Crossing 495 would increase travel time for the average motorist by approximately 30 seconds even when no crossing is impeded by a train. Trains on the track would be a further (longer time) impediment. Clyde Forbes, on behalf of FWCR, testified that on one occasion a FWCR train derailed and simultaneously cut off Crossing 898 at 5th Street and Crossing 495 at 6th Avenue, but Crossing 899 at 6th Street was still available for entry to the northwest quadrant of the City. Apparently referring to this same incident, Mayor Warmack stated that the derailment occurred between 5th and 6th Streets, closing both Crossings 898 and 899. Although the city did no maintenance with regard to Crossing 898 itself in the eleven years prior to the closing application, Buddy Jeffcoat, City Commissioner in charge of streets and roads, testified that the city recently paid for the area to be surveyed and the road shoulders cleared of underbrush. Residents were required to clear their adjoining property, and the City Commission established a goal of paving Fifth Street and the other two unpaved streets in Newberry within the next two years. Existing funds for such paving have been tentatively allocated. However, this plan for city development may be considered speculative, since the city witnesses testified in terms of city paving and maintenance of the crossing being conditioned upon FWCR agreeing to upgrade the crossing signage. Since crossing signage is partly an FDOT function, there are no guarantees at the present time that the city will pave Northwest 5th Street within two years. No Local Comprehensive Plan was admitted in evidence. Mayor Freddie Warmack testified that the City has allocated funds through S.H.I.P. to develop low-cost housing in the northwest quadrant. Two single-family residences have been built in the northwest quadrant in the last three months. This represents a significant increase in building in the area, considering the size of the City of Newberry. Northwest 5th Street runs into a city-owned park. The park draws children, but there was no expert testimony as to whether or not pedestrian and bike traffic to the park is rendered safer or less safe due to Crossing 898. There was no evidence presented to support a finding that FWCR intends to abandon its track. FDOT's Procedure Manual states that, "The best grade crossing is a closed one. Closing a grade crossing is always the preferred alternative". FDOT personnel echoed this policy in testimony to the effect that the way to eliminate crossing accidents is to eliminate crossings, period. Prior to formulating its notice of intent, FDOT personnel admittedly did not review the City of Newberry's Local Comprehensive Plan, make a study of the City's prospective growth viz a viz Crossing 898, study any potential future changes in railroad traffic or determine specifically whether or not FWCR intended to utilize or abandon the material section of track. However, evidence on these issues was presented at formal hearing as described supra.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered denying the requested permit for closure of D.O.T./A.A.R. 625898V railroad crossing in Newberry, Florida. RECOMMENDED this 1st day of June, 1994, at Tallahassee, Florida. ELLA JANE P. DAVIS, Hearing Officer Division of Administrative Hearings The De Soto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 1994. APPENDIX TO RECOMMENDED ORDER 93-6023 The following constitute specific rulings, pursuant to S120.59(2), F.S., upon the parties' respective proposed findings of fact (PFOF). FDOT's PFOF: Accepted Rejected as a proposed fact because it represents a proposed conclusion of law. See, Conclusions of Law. 3-9 Accepted as modified 10 Accepted that this was testified but not dispositive in light of other evidence. See Findings of Fact 16 and 19. 11-12 Accepted but modified for clarity. Rejected in light of other competent evidence. See Finding of Fact 24. Accepted Rejected as a proposed finding of fact because it represents a proposed conclusion of law. See, the Conclusions of Law. Rejected as stated because it is misleading to the evidence as a whole and does not contain a transcript or evidentiary reference. See, Findings of Fact 16, 19 and 22. Rejected as stated because it is misleading to the evidence as a whole and does not contain a transcript or evidentiary reference. See, Finding of Fact 18. Rejected as not supported by the greater weight of the evidence and because it does not contain a transcript or evidentiary reference. Rejected as a proposed finding of fact because it represents a proposed conclusion of law. See, the Conclusions of Law. City of Newberry's PFOF: Except for mere legal argument, accepted within the findings of fact or covered under "Preliminary Statement." Rejected as subordinate, as mere recitation of isolated, unreconciled testimony, and/or as a proposed conclusion of law. See, Finding of Fact 29. Rejected as a proposed finding of fact because it represents a proposed conclusion of law; See Conclusions of Law. 4-5 Accepted, but unnecessary, subordinate, or cumulative material has not been utilized. Sentence 1: Rejected in part as not supported by the record as a whole and in part as mere legal argument or subordinate; See, Findings of Fact 3-4. Sentence 2: Accepted. Sentence 3: Accepted. Sentence 4: Accepted. Sentence 5: Accepted as modified to more closely conform to the record as a whole. Sentence 6: Accepted as modified to more closely conform to the record as a whole. Accepted, except that unnecessary, subordinate, or cumulative material has not been utilized. Testimony that could not be reconciled is covered in Finding of Fact 23. Accepted, except that unnecessary, subordinate, or cumulative material has not been utilized. Rejected as a proposed finding of fact because it represents a proposed conclusion of law; See Conclusions of Law. Rejected in part and accepted in part as supported in the record. See, all Findings of Fact but particularly Findings of Fact 24-29. Unnecessary. FWCR's PFOF: None filed. COPIES FURNISHED: Ben G. Watts, Secretary Department of Transportation Haydon Burns Building Attn: Eleanor F. Turner, M.S. 58 605 Suwannee Street Tallahassee, FL 32399-0450 Thornton J. Williams, Esquire General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, FL 32399-0450 S. Scott Walker, Esquire WATSON FOLDS Post Office Box 1070 Gainesville, Florida 32602 Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 David H. Anderson, Esquire 47 Sheple Lane Groton, Massachusetts 01450
Findings Of Fact Petitioner, the Deltona Corporation, is managing a development known as Rotonda owned by Cape Cave Corporation and desires to open two at-grade railroad crossings from this development to SR 771, the major road providing access to and from the development. Both of these crossings were previously approved by the railroad and the county agreed to maintain the crossings once installed. However Petitioner desires to relocate the crossing previously existing at Rotonda Boulevard 50 feet to the north and change Ingram Boulevard crossing to a four lane road. The proposed crossing at Ingram Boulevard is some 2300 feet north of Rotonda Boulevard. The hurricane evacuation route for the people in the area to SR 771 is over Rotonda Boulevard. Most of the lots in the Rotonda development have been sold and the developer is not in the process of installing the streets. It is Petitioner's position that the additional crossing at Ingram Boulevard is needed to provide egress for the Rotonda residents when the other crossings congested with hurricane evacuation traffic. Neither of the roads involved approach the railroad at a right angle. Proceeding northeast Rotonda Boulevard parallels the railroad until just before reaching the point of crossing when Rotonda Boulevard turns 60 degrees to 70 degrees to the right. The track is then crossed at an angle of some 30 degrees from normal. The approach at Ingram Boulevard turns about 30 degrees to the right when proceeding eastward and the road then crosses the track nearly normal thereto. Additionally Antilla Drive joins Rotonda Boulevard at the point Rotonda turns right to cross the track thus creating a Y intersection immediately before the crossing. The view of the crossing at Rotonda Boulevard East is obstructed to some extent by vegetation and the angle of the crossing further impedes the safety features of this crossing. The approach to the Ingram boulevard crossing from SR 771 is nearly normal and from the development the angle is about 30 degrees. Accordingly the Ingram crossing, assuring proper signaling devices are installed, would provide the safer crossing. The SAL track here involved is infrequently used, with only one or two trains per day and the train speed is restricted to slow. Respondent, in regulating the crossings, prefers to have adjacent crossings of a track separated by considerably greater distances than one-half mile.
Recommendation Dismiss the application to open a public at-grade crossing at Country Club Boulevard in the Citrus Springs Community in Citrus County, Florida without prejudice. DONE and ORDERED this 22nd day of November, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: James L. Shroads, Esquire 3250 S. W. 3rd Avenue Miami, Florida 33129 George L. Waas, Esquire Florida Department of Transportation Haydon Burns Building Tallahassee, Florida Eugene R. Buzard, Esquire Seaboard Coastline Railroad 500 Water Street Jacksonville, Florida 32202 Mr. Gordan S. Burleson, Sr. Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William Livingston, Esquire 3250 S. W. 3rd Avenue Miami, Florida
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 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 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. 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. 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. 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. 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. The parties agreed that the proper signalization for the proposed crossing would be automatic crossing gates, flashing lights and ringing bells. 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. The Hearing Officer further finds: That a need has been established by the Applicant. That proper signalization includes flashing lights, ringing bells and gates.
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 =================================================================
