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 =================================================================
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.
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 23 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: John W. Humes, Jr., Attorney Florida East Coast Railway Company One Malaga Street St. Augustine, Florida 32084 Ralph B. Wilson, Attorney St. Lucie County Post Office Box 700 Ft. Pierce, Florida 33450 George L. Waas, Attorney Florida Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
Findings Of Fact The Notice of Hearing was entered into evidence and said notice was amended to reflect that the distance of an existing crossing north of the proposed crossing was 2,208' + north rather than 1,500' + north. The application was also changed to reflect that the proposed roadway was to extend the limits of a right of way to 120' instead of 100'. The change would place the mile post at a slightly different location. Upon examination of the area and taking testimony from the three attorneys involved in this hearing, it is the findings of this Hearing Officer that the change in location and the change in the proposed roadway is not of sufficient consequence that the hearing should have been postponed and re- noticed. Inasmuch as the parties directly involved were present, the owners of the railroad were represented, the owners of the Petitioner corporation were represented, there were representatives from the County and from the Florida Department of Transportation. A re-notice with the minor changes in location and in the width of the right of way would have been sent to the same representatives. The Notice of Hearing met the requirements of notice of public hearing. Petitioner Suntree Development Corporation is proposing to construct a connector road between Wickham Road and U.S. 1 approximately 2,208' south of an existing two-lane signalized (warning bells, lights, and gates) road crossing on Pineda Avenue in south Brevard County, Florida. The proposed road is to be four-laned with 120 foot right of way including a 20 foot medium strip. The road would be an access between U.S. 1 and the Suntree Community, a new community on approximately 2,800 acres of land which is predicted to have approximately 35,000 to 40,000 people after total development which is estimated to be completed within a 15 year period. The road would be a limited access with acceleration and deacceleration lines on U.S. 1 with an estimated total anticipated average daily traffic of from 23,000 to 60,000 trips per day. The proposed crossing involves a Type IV cantilevered signalization with bells, flashing lights and gates to be activated by trains. Cost of signalization and maintenance is to be borne by the Suntree Development Corporation. Petitioner is the primary owner of all the lands involved, but does not own all of the right of way needed to construct the crossing. Building is presently limited to a country club, sewage treatment plants, about a mile of roadway and two single family homes under construction and plans for the construction of some forty homes within the next few months. The proposed crossing was approved by the Brevard County Commission with the understanding that the crossing at Pineda Avenue would not be closed. The Florida East Coast Railway track in this area is a single track with 18 through freight trains a day which travel about 60 m.p.h. at the proposed crossing location. Two local freights move at unscheduled times across the railroad tracks. The tracks in the vicinity of the proposed crossing is nearly straight. The Florida East Coast Railway Company owns the right of way over the tracks and opposes the opening of another crossing in such close proximity to the crossing at Pineda Avenue, at this time. Storage capacity or storage area is the area in which cars can stand while awaiting clearance to proceed. The proposed road will contain 1,800' of storage area with 850' on the Wickham Road side and 950' on the U.S. 1 side. Using the average daily traffic figure when the community is developed, as calculated by Petitioner, U.S. 1 would be blocked in 3.28 minutes. Using the average daily traffic figures when the community is developed, as calculated by the Florida Department of Transportation, U.S. 1 would be blocked in 1.27 minutes. The Florida Department of Transportation recommends that an overpass be constructed rather than the at-grade crossing. The Hearing Officer further finds: The Pineda Avenue crossing can serve the vehicular traffic demand at present; Petitioner's plans for development, if realized, will demand another railroad cross- ing to serve the community; The proposed at-grade crossing is in such close proximity to U.S. 1 that it would be hazardous to vehicular traffic on U.S. 1 and the proposed Suntree entry road when the community is developed.
The Issue The issue is whether Respondent CSX Transportation, Inc.'s railroad crossing located on Old Kings Road in Jacksonville, Florida, meets the criteria for closure as set forth in Rule 14-46.003(2)(b), Florida Administrative Code.
Findings Of Fact History and Current Status of Crossing Old Kings Road has been in existence at least since 1837. The road was located in its approximate location in COJ's city limits prior to the arrival of the railroad. COJ owns and maintains Old Kings Road. The subject of this proceeding is a public at-grade railroad crossing ("the Crossing"), designated by FDOT as Crossing No. 621191C. The Crossing is located in the northwestern part of COJ in Duval County, Florida. The Crossing intersects with Old Kings Road, which has always been an important means of ingress and egress to downtown COJ for residents located west of the Crossing. A neighborhood association, the Grand Park Civic Club, requested that COJ build an overpass over the Crossing due to train blockages in the 1930's. The Crossing originally consisted of five tracks. Later it was increased to seven tracks. In 1995, CSXT requested COJ to consider closing the Crossing. COJ refused this request. In April 1997, CSXT filed an application with FDOT to close the Crossing. Neither CSXT nor FDOT gave COJ immediate notice that FDOT was considering the application. However, as early as January 15, 1998, CSXT was aware that COJ opposed the closing. In July 1998, CSXT closed the Crossing for repairs with COJ's acquiescence. COJ understood originally that the repairs would last from two to four weeks. Some months later, COJ learned that the Crossing might not reopen until December 1998. COJ learned about CSXT's application to close the Crossing sometime during the fall of 1998. At that time, FDOT verbally conveyed the information about the pending application for closure of the Crossing to COJ. In October 1998, COJ wrote a letter requesting FDOT's assistance in opening the Crossing because FDOT had not issued a permit to close it. Then in February 1999, CSXT advised FDOT by letter that CSXT and COJ were engaged in negotiations regarding closure of the Crossing. In August 1999, FDOT suspended consideration of the application pending the on-going negotiations between COJ and CSXT. In a February 2000 letter, COJ again requested FDOT to reopen the Crossing until such time as formal hearings were held and/or the parties could enter into a stipulation. FDOT's consideration of the application remained suspended at that time. In October 2000, CSXT requested that FDOT reopen the file on its application. By letter November 1, 2000, FDOT advised CSXT that the file would be reopened. On January 31, 2001, FDOT issued a Notice of Intent to Issue a Permit to close the Crossing. The Crossing remained closed at the time of the formal hearing. The Crossing CSXT conducts freight rail operations on railroad tracks that run in a northwest - southeast direction across Old Kings Road in Jacksonville, Florida. The Crossing is located within the yard limits of CSXT’s Moncrief Yard, a large classification yard for CSXT trains. CSXT removed the two westernmost tracks and the roadbed at the Crossing after closing it in July 1998. Currently, the Crossing has a total of five parallel railroad tracks that cross the road at a skewed angle of approximately 20 degrees. The distance across the existing tracks is 276 feet. On both sides of the Crossing, Old Kings Road is a two-lane highway with no sidewalks. The Crossing has more railroad tracks than any other railroad crossing in Jacksonville, Florida. The Crossing has automatic crossing gates and flashing signal lights. CSXT disconnected these traffic control devices when CSXT closed the Crossing in July 1998. FDOT has no plans to upgrade the traffic control devices regardless of whether the Crossing is reopened or remains closed. The Crossing is located in an urban area. The next crossing point over the CSXT rail lines is located at the Edgewood Avenue Bridge, 1.35 miles to the north as measured along the rails. Going south, again measuring along the rails, the next CSXT crossing is 1.7 miles away at McQuade Street. The McQuade Street crossing is located at the southern end of Moncrief Yard. The easternmost track at the Crossing is the CSXT mainline track. The mainline track is the primary track for Amtrak passenger trains and CSXT freight trains that do not require switching or maintenance in the Moncrief Yard. The speed limit for trains using the mainline track is 40 miles per hour. The remaining four tracks at the Crossing are yard tracks, which CSXT uses for the assembly of trains on the north end of the Moncrief Yard, as well as inbound and outbound freight train arrivals and departures. The four yard tracks have a speed limit of 10 miles per hour. Train Movements at Old Kings Road Crossing There are approximately 100 train movements, including switching movements across the Crossing on a daily basis. Switching movements in the Moncrief Yard involve the assembly and disassembly of trains through the movement of freight cars into designated yard tracks. Switching movements take place in the Moncrief Yard 24 hours per day, seven days per week, except for Christmas, Thanksgiving and select holidays. Switching movements are carried out primarily at the north end of Moncrief Yard near the Crossing because the track layout at that end is best suited for such operations. Other parts of the yard do not lend themselves to efficient switching operations. In order to be switched, a cut of railroad cars must be moved back and forth repeatedly, with pauses between movements. Once switching is complete, federal law requires the train's brakes to be checked. The train then must wait for the track to be clear of other train traffic before departing. Often a cut of railroad cars will pull close enough to the Crossing to activate the warning lights and gates without actually blocking the roadway. When that happens, a motorist will see an open roadway and a stopped train that is the apparent cause of the activation of the warning devices. This circumstance creates a uniquely hazardous situation for motorists and pedestrians. CSXT operates between 11 and 22 intermodal trains daily through Moncrief Yard, which is an unusually extensive operation. Approximately 40 locomotives per day are serviced in the yard. Amtrak operates daily approximately nine scheduled movements over the mainline track throughout the day and night. Due to its proximity to the Moncrief Yard, Old Kings Road is regularly blocked by trains engaged in switching movements that travel back and forth across the Crossing, in addition to other train traffic. There is no practical method of operating the Moncrief Yard without blocking Old Kings Road for extended periods of time. This is the only CSXT railroad crossing in the State of Florida that is regularly blocked by switching movements for extended periods of time. On November 29 and 30, 2000, CSXT studied the amount of time that the Crossing was blocked by train movements. The study demonstrated that train traffic blocked the Crossing for a total of 12 hours and six minutes during a 24-hour period of time. Such blockage has consistently existed at the Crossing for 30 years or more. On July 31 through August 2, 2001, COJ studied the amount of time that the Crossing was blocked by train movements. The results of the COJ study were consistent with the CSXT study of train blockages at the Crossing. The surveys performed by CSXT and COJ to determine the time that trains blocked the Crossing measured only the amount of time that one or more trains actually blocked Old Kings Road. If the Crossing were open to traffic, Old Kings Road would be blocked for even longer periods of time because the flashing lights and gates would activate before the trains arrived at the Crossing. Motor Vehicle Traffic at the Crossing From 1991 to 1997, the average daily traffic volume in the vicinity of the Old Kings Road crossing was less than 2,000 vehicles per day. The motor vehicle traffic volume at Old Kings Road is considered a low traffic count by FDOT standards. The traffic volume at the Crossing is far too low to justify expending the funds and other resources necessary to construct an overpass. Safety Effects upon Rail and Vehicle Traffic Some of the facts necessary to determine safety effects upon rail and vehicle traffic are discussed in paragraph 20. Due to the height and length of slow-moving or stopped trains involved in switching operations on some or all of the four railroad tracks to the west of the CSXT main line, motorists approaching the crossing from the west cannot see fast-moving trains, including Amtrak passenger trains, approaching the Crossing on the CSXT mainline. Likewise, the 20-degree skew of the intersection makes it difficult for westbound motorists on the east side of the Crossing to look to their left to determine whether a northbound train is approaching. Motorists frustrated by the long wait times at the Crossing regularly drive around the crossing gates. They take this risk often under the mistaken belief that stopped or slow moving trains have activated the signal lights and gates. At times vehicles fall off the roadway as drivers attempt to go around trains partially blocking the roadway. Drivers also become distracted by the beveled and rough roadway surface between the numerous tracts. These circumstances, together with the regular and extended blockages, give motorists a high probability of interacting with train traffic while simultaneously almost inviting them to run the gates. COJ’s neighborhood witnesses testified that they either personally drove around the lowered crossing gates at the Crossing or observed other motorists driving around the gates in order to avoid extended train delays. COJ witnesses, Rebecca Jenkins and Talmadge Ford, have observed two to four vehicles driving around the crossing gates at the same time. Motor vehicles have also been stranded on the railroad tracks on several occasions when motorists drove around the lowered gates and left the paved road area at the Crossing. The safety hazards present are unique to the Crossing based upon the presence of a substantial number of train- switching movements over the crossing, multiple tracks with trains of varying speeds, motorist frustration over train delays, obstructions to visibility and a general misapprehension by the motoring public of the nature of yard switching movements. Unlike the Crossing, the majority of railroad crossings do not contain multiple railroad tracks within yard limits with trains performing different operations at different rates of speed. Due to the skewed angle of the Crossing, the presence of five railroad tracks, and the location of the crossing gates, the distance that a motor vehicle or pedestrian must travel to traverse the Crossing is 397 feet. Even if the signal lights were relocated closer to the railroad tracks, the distance across Old Kings Road would be approximately 276 feet, the actual distance across the tracks. The substantial length and the skewed angle of the Crossing reduce visibility for motorists and increase the probability of a crossing accident. The use of commercial trucks over the Crossing on a regular basis would substantially increase the danger of an accident due to the distance that a truck must travel over the Crossing under normal operating conditions. Because of their length, large commercial trucks take longer to clear a crossing than a car traveling at the same speed. There were at least 12 railroad-crossing accidents at the Crossing from 1975 until 1998. Most of these accidents occurred on account of violation of law by drivers or pedestrians. One of these, a motor vehicle accident, resulted in a fatality. Six of the eight accidents involving a motorist resulted in no personal injury. Even so, the Crossing had the highest number of grade-crossing accidents in Jacksonville, Florida, from 1975 until 1998. In January 2001, COJ commissioned a Jacksonville engineering firm, Waitz and Moye, to perform a study of 10 railroad crossings in the northwest quadrant of Jacksonville, Florida. This study included the Crossing, which had the highest number of accidents of the 10 railroad crossings. There were twice as many accidents at the Crossing than the crossing with the second highest number of accidents, despite the fact that the Crossing had one of the lowest traffic volumes. In addition to accidents, there have been numerous near-miss incidents at the Crossing, where motorists driving around the crossing gates narrowly avoided injuries. Due to obstructions to visibility, an Amtrak train traveling 40 miles per hour on the CSXT main line does not have sufficient time to avoid a collision at the Crossing. Mr. Darryl Murray, the Service Manager for Amtrak, testified that he regularly operated trains over the Crossing from 1974 until 1986 with the Seaboard Coastline Railroad, and from 1986 until 1991 with Amtrak. Since 1991, Mr. Murray has directly supervised Amtrak train crews that operate over the Crossing. Mr. Murray testified there are other crossings that are just as busy as the Crossing. He admitted that the Crossing would be safer in the future because the two western-most tracks have been removed. However, according to Mr. Murray, the Crossing is one of the most dangerous railroad crossings that he has encountered during his railroad career. According to Mr. Murray, a crossing accident involving an Amtrak passenger train traveling 40 miles per hour at Old Kings Road could result in serious personal injury or death to the motor vehicle occupants and train crew; derailment of the train; and injuries to Amtrak passengers due to the emergency braking application of the train. In the early to mid 1990's, Mr. Murray personally investigated an accident involving an Amtrak train and a passenger vehicle at the Crossing, which resulted in serious personal injuries to the motorist. Mr. Kevin Carter, a manager for Resource Logistics International ("RLI"), testified that if the Crossing were re-opened, RLI trucks carrying 80,000 pounds of aluminum would use it during transport. Mr. Carter has seen one or two of his truck drivers go around the gates at the Crossing and was aware of other trucks going around the lowered gates. Mr. Carter has disciplined at least one of his drivers for driving around railroad crossing gates in the down position. CSXT also presented the testimony of experienced railroad employees who have worked in the Moncrief Yard at the Crossing on a daily basis for many years. CSXT employees testified that, due to its location in the middle of an active switching yard, the Crossing is the most dangerous railroad crossing in Jacksonville, Florida. In addition to motor vehicle accidents at the Crossing, the evidence established a serious safety hazard involving pedestrians. Prior to its closing in 1998, pedestrians regularly climbed between freight cars stopped at the Crossing in order to avoid extended train blockages. Additionally, pedestrians regularly placed their bicycles over or under the coupling mechanism that connects railroad cars while attempting to climb between railroad cars. Several of the accidents at the Crossing involved serious injuries to pedestrians who were trapped between freight cars when the train suddenly moved. The number of pedestrians at the Crossing has decreased since its closure. There have been no accidents at the Old Kings Road crossing since its closure in 1998. If the Crossing were closed, protective measures could be taken to more effectively discourage trespasser access, including cul-de-sacs, road barriers, fencing and signage. COJ has determined there is sufficient land to build cul-de-sacs at the Crossing. On the other hand, it is impossible to completely block pedestrians from using the Crossing if they are intent on doing so. In an effort to assess safety hazards at the Crossing, COJ presented evidence about the FDOT Safety Index. FDOT uses the safety index to determine the prioritization of upgrades for crossings that do not have automatic gates and signal lights. FDOT does not utilize the safety index for its closure analysis. The FDOT safety index for prioritizing crossing-warning device upgrades does not determine the dangerousness of a railroad crossing. The federal government requires FDOT to create the safety index annually. From among the top 800 crossings, FDOT determines which crossings receive funding for improvement of warning devices. The maximum protection that FDOT currently permits is flashing lights and automatic gates. Crossings that rank in the top 800 on the safety index and that already have lights and gates do not receive funding because no further improvement is available. In effect, the safety index report serves only to identify problematic crossings. With annual funding of only approximately $5 million, FDOT improves about 30 crossings per year. Although the Crossing had automatic gates and flashing signal lights before they were disconnected in July 1998, the current FDOT Safety Index indicates that the Crossing has a safety index rank of 561 out of 4500 railroad crossings in the state. This does not mean that FDOT considers 560 other crossings to have greater priority for upgrades than the Crossing. Because the safety index report continues to assign a high rank to the Crossing, which already has lights and gates, the only way FDOT can make the Crossing safer is to close it. Even so, using the FDOT safety index ranking and correct factual assumptions, the safety index number for the Crossing is approximately 50, which is less than the marginal safety level index number of 60 set by FDOT. FDOT guidelines indicate that a crossing should be considered for improvements at a safety level index of 60. FDOT uses a separate program to consider overpass construction for crossings. As stated above, the low traffic count and the availability of the Edgewood Avenue overpass less than two miles away means that the Crossing does not warrant the expenditures required for construction of an overpass. The automatic gates at the Crossing are part of a two-quadrant gate system. Petitioners have proposed that four-quadrant gates and a median be constructed in order to deter motorists from going around the gates. The appeal of a four-quadrant gate system is that it blocks both lanes of travel on both sides of a crossing. A four-quadrant system discourages more people from running the gates than does a two-quadrant gate system. However, people at times run four-quadrant gates and would be likely to do so at the Crossing. An activated four-quadrant gate system could block a vehicle attempting to get out of the Crossing. FDOT uses two-quadrant gate systems because they leave the exit from a crossing unobstructed. An exit for vehicles at the Crossing is especially important because of the unusual width and the constant activation of the gates by switching trains. A four-quadrant gate system would neither redress the extremely dangerous conditions at the crossing nor change the incentives for people to run the gates. FDOT does not currently permit four-quadrant gates at crossings like the one at issue here. Additionally, the Federal Highway Administration has not authorized installation of four- quadrant gates as a standard recommended practice. Other states do use four-quadrant gates on an experimental basis. Finally, installing a four-quadrant gate system at the crossing would cost between $500,000 and $1,500,000. Necessity, Convenience and Utilization of Remaining Routes Where Practical In the area of the Crossing, Old Kings Road connects New Kings Road and Edgewood Avenue. The intersection of Old Kings Road and New Kings Road is located at a distance of approximately 100 yards to the east of the Crossing. New Kings Road is a four-lane highway that curves at its intersection with Old Kings Road, going east through the neighborhood of Grand Park and becoming Kings Road and US 23. Kings Road is a thoroughfare to downtown COJ in this direction. In the other direction, New Kings Road runs north, paralleling the CSXT mainline track, which is to the west for some distance. In this area, New Kings Road forms the western end of the Grand Park neighborhood. As New Kings Road runs north, it becomes U.S. 1/23 about one-half mile from the Old Kings Road intersection. New Kings Road is also a heavily traveled four-lane highway. On the west side of the Crossing, 20th Street West and St. Clair Street, both of which are two-lane streets, dead end into Old Kings Road, with 20th Street West running west and St. Clair Street running south. Further to the west, Old Kings Road intersects with Edgewood Avenue, a four-lane state highway running north and south. The neighborhood directly to the west and south of Old Kings Road is known as the Paxon community. Running north from the intersection with Old Kings Road, Edgewood Avenue intersects New Kings Road (US 1/23). Just before this intersection, Edgewood Avenue separates from grade and becomes a viaduct (overpass) that crosses the CSXT mainline tracks. Traveling this route and then turning south on New Kings Road, a vehicle would reach the intersection of New Kings Road and Old Kings Road. If one is located on the west side of the Crossing, and the Crossing is closed, this route is the shortest distance to the east side of the Crossing. The distance going around the Crossing from west to east (clockwise), starting at the intersection of Old Kings Road and St. Clair Street and finishing at the intersection of Old Kings Road and New Kings Road is approximately 3.26 miles. Going in the opposite direction (counterclockwise) the distance is approximately 3.28 miles. These distances were calculated as averages after making six vehicle travel runs in a clockwise direction (west to east) and five vehicle travel runs in a counterclockwise direction (east to west) respectively. Traveling around the Crossing in a southern direction, either from west to east or east to west would require going all the way to the McQuade Street crossing, or to the Beaver Street viaduct, just south of McQuade Street. The southern route involves distances substantially in excess of those along the Edgewood Avenue - New Kings Road route to the north. All of the major interstates in Jacksonville can be conveniently reached via New Kings Road or Edgewood Avenue. Motorists traveling west on Old Kings Road over the Crossing would have to cross several other railroad crossings in order to reach Edgewood Avenue. In addition to the significant train blockages at the Crossing, significant train blockages exist at Norfolk Southern’s Old Kings Road crossing due to the proximity of the crossing to Norfolk Southern’s Simpson Yard. A little over one-half mile to the west of the Crossing, and to the north and south thereof, the Norfolk Southern mainline tracks run parallel to the CSXT tracks and also cross Old Kings Road. The Norfolk Southern tracks cross St. Clair Street, 20th Street West and Old Kings Road, going south to north. Immediately north of Old Kings Road those tracks comprise the southern end of Norfolk Southern's Simpson Yard, a switching yard like Moncrief Yard. Norfolk Southern trains at times block St. Clair Street, 20th Street West, and Old Kings Road all at the same time. When this occurs, with the Crossing closed, the area inside the triangle formed by Old Kings Road, the Norfolk Southern tracks, and St. Clair Street becomes landlocked, making ingress and egress to the area impossible. Norfolk Southern trains block the Norfolk Southern crossing across Old Kings Road approximately six out of 24 hours a day. CSXT trains block the Crossing on an average of at least nine or more hours a day and as much as 12 hours a day. Trains block Old Kings Road, 20th Street West, and St. Clair Street all three simultaneously approximately nine times a day, for periods ranging between 1.29 minutes and 15 minutes, with an average blockage time of 6.5 minutes. On the high side, the triangle area might be completely blocked for as much as 2.25 hours per day total. On some occasions since the Crossing was closed, people within the triangle may have been unable to enter or leave the triangle for as much as 30 minutes or more at a time. This might have been the case one or more times a day. It is also true that the total blockage would be somewhat decreased with the Crossing open because it would provide an additional entrance or exit. However, even with the Crossing open, trains will still block the triangle area for approximately 40 percent of the time out of a 24-hour day. Motorists using the alternate route over New Kings Road and Edgewood Avenue would encounter one railroad crossing on New Kings Road. Trains block the New Kings Road crossing for up to 30 minutes at a time, less than one hour of total blockage during an average 12-hour period from 7:00 a.m. to 7:00 p.m. Approximately 2000 to 3000 people live in the Grand Park community on the east side of the Crossing. The same number of people live in the Paxon community on the west side of the Crossing. These residents oppose the closing of the Crossing for many reasons, including the following: (a) People from Grand Park on the east side of the Crossing participate in community activities such as Little League Baseball at the Joe Hammond Center near the west side of the Crossing; (b) Children in Grand Park go to school at Paxon Middle School and Paxon High School; and (c) Grocery stores, stores such as Home Depot, and other shopping facilities are located on the west side of the Crossing. If the Crossing remains closed, these people will suffer some inconvenience in having to travel the alternate route over New Kings Road and Edgewood Avenue. However, the Edgewood Avenue overpass on the alternate route provides the Paxon and Grand Park residents access to either side of the Crossing without crossing any of railroad tracks along Old Kings Road. If a motorist traveled a loop from the east side to the west side of the Crossing using the alternate route over New Kings Road and Edgewood Avenue, the total amount of travel time would be between five and 10 minutes depending on the time of day and the amount of traffic. In order to calculate the additional burden on motorists using the alternate route, a reduction would have to be taken for the amount of time that a motorist would have to travel 6,746 feet from the Crossing to Edgewood Avenue. FDOT grades levels of road service from "A" to "F", with "A" being the highest level of service. Roads with an "A" level of service have the ability to handle considerably more vehicle traffic without causing delays in traffic movement. The level of service for New Kings Road and Edgewood Avenue is an "A" level of service. Therefore, the alternate route is in good condition and able to accommodate the additional traffic volume that results from the closure of the Crossing. Due to the significant train blockages at the CSXT and Norfolk Southern Old Kings Road crossings, the alternate route over New Kings Road and Edgewood Avenue is a more reliable route for motorists. The alternate route over New Kings Road and Edgewood Avenue takes significantly less travel time for motorists than Old Kings Road if the CSXT or Norfolk Southern crossings on Old Kings Road are blocked by train traffic. It is undisputed that a substantial volume of rail traffic utilizes the CSXT tracts at Old Kings Road. However, the trains in the Moncrief Yard are no longer than they were in the 1960s. In fact, there are probably 500 less train cars in the yard and traveling across the Crossing than there were back then. CSXT's business operation will not changed or be affected regardless of whether the Crossing is open or closed. CSXT has no business necessity to have the Crossing closed, apart from its dangerousness. It is true that the closing of the Crossing will result in some inconvenience to three residential homes and two businesses, Tremron and RLI, located within the triangle formed by the Norfolk Southern mainline, Old Kings Road and St. Claire Street. However, the triangle existed before these homes were constructed and before the businesses were established. Anyone locating a home or business in the triangle area between two railroad yards and two railroad tracks knew or should have known that train blockages were going to be a problem. Prior to the closing of the Crossing, the homeowners in the triangle used St. Clair Street as their primary access route. They used the Crossing mainly when the St. Clair Street crossing was blocked. Tremron purchased its St. Clair Street business premises in June 2000, after the Crossing had been closed for almost two years. Prior to the purchase of the business premises, Tremron represented to the Jacksonville Economic Development Commission that it had performed an initial feasibility study and concluded that the current roadways and public utilities were adequate to meet the demands for the new facility. Tremron, which manufactures cement pavers, has 10 to 40 trucks entering and leaving the company's premises in a day. If the Crossing were open and not blocked by trains, the best access to I-95 for Tremron's trucks would be through the Crossing. Additionally, because the Crossing is closed, Tremron's employees have problems with access to and from work when the triangle is sealed. Tremron performed surveys of train traffic at the Norfolk Southern St. Clair Street and 20th Street West crossings in October and November 2000, and the Crossing in July 2001. The surveys measured the maximum amount of time the St. Clair Street crossing was blocked by train traffic and not actual vehicle delays at the crossing. A COJ study recorded actual vehicle delays using a proper methodology at ten crossings in the area of Old Kings Road. However, this study did not include a survey of vehicle delays at the Norfolk Southern St. Clair Street crossing. CSXT studied train blockages at the Norfolk Southern St. Clair Street crossing on June 13 and 14, 2001. The results of the CSXT surveys provide persuasive evidence that no significant train delays exist at St. Claire Street. After the date of the Tremron train delay studies at the St. Clair Street crossing, Tremron’s President, Hugh Caron, reached a cooperative arrangement with Norfolk Southern whereby the railroad agreed to reduce train blockages at St. Clair Street. Mr. Caron and local triangle residents, Thomas Miller, Milton Holland and Rebecca Jenkins, testified that the cooperative arrangement was working in a satisfactory manner at the time of the final hearing. If the Crossing was open, Tremron and RLI trucks might be able to look down Old Kings Road to see if a train was blocking the Crossing before heading in that direction. But if a train blocks the tracks as the trucks approach the Crossing, they cannot turn around. In the event of a train blockage, RLI's trucks can use an alternate route through the Norfolk Southern Simpson Yard to circumvent the blocked crossing on an emergency basis. Additionally, Milton Holland, one of the three homeowners who reside in the triangle area, also uses the alternate route through the Norfolk Southern Simpson Yard to circumvent the Crossing when it is blocked. RLI is a trucking business that transports building material. It ships and receives material such as steel coils and plywood to and from the Norfolk Southern boxcars. It also transports metal containers to and from the two major Jacksonville seaports. RLI's facility on Old Kings Road serves as a warehouse for these shipments. RLI's tractor-trailers make 16 to 20 round trips a day from the warehouse to the seaports. Prior to July 1998, the tractor-trailers regularly used the Crossing when it was not blocked by train traffic. Even so, the RLI trucks and personnel were trapped within the triangle every now and then. With the closing of the Crossing, RLI's employees and trucks are trapped within the triangle on a more regular basis. RLI has not missed any shipments since the closure of the Crossing. Mr. Carter testified that, at this point in time, it did not make a difference to him whether the Old Kings Road Crossing remained closed. Centurion’s President, Harold Shafer, testified that none of his four automobile transport businesses, including Centurion, were impacted by the closure of the Crossing. According to Mr. Shafer, he owns a business in the triangle area known as Vehicle Transport, Inc., which builds racking systems for transporting automobiles in containers. Vehicle Transport, Inc., was not operating and had no employees at the time of the final hearing. Mr. Shafer is planning to reopen Vehicle Transport, Inc., contingent upon the business being a successful bidder on several contracts. In that event, Vehicle Transport, Inc., would employ 25 to 30 employees at the St. Clair facility. If Vehicle Transport, Inc., were to reopen for business on St. Claire Street with the Crossing closed, the company would suffer a loss in labor efficiency. However, Mr. Shafer's primary concern would be the occasional unavailability of emergency fire and rescue service, not access for his business resulting from the closing of the Crossing. Petitioners' expert witness, Geoff Pappas, presented evidence of an economic impacts study, concluding that the businesses located within the triangle had suffered economic losses due to the Crossing's closure. Rather than examining the business records of these companies, Mr. Pappas based his analysis on estimated projected losses due to the cost of additional motor fuel consumed by commercial trucks accessing the businesses via the alternate route and due to the cost of paying employees for lost time spent waiting at one of the Norfolk Southern crossings. Mr. Pappas opined that RLI's fuel expense has increased by $3,000 per year since the closing of the Crossing. He concluded that the company has experienced over $55,200 per year in lost labor because of the time the employees spend waiting on trains to clear the tracks. According to Mr. Papas, other trucking companies making deliveries to RLI's facility have also incurred significant financial losses. As to Tremron, Mr. Pappas testified that the company loses approximately $42,000 per year in labor efficiency because the employees spend so much time waiting for the tracks to clear within the triangle. Tremron pays outside truck drivers to deliver its products by the truckload; therefore, Mr. Pappas asserted that firms delivering to Tremron have incurred approximately $13,450 in additional fuel expenditures per year because the Crossing is closed. Mr. Pappas calculated these economic losses for Tremron beginning in 1998 even though Tremron did not open its business facility until 2000. In support for his projected fuel consumption cost analysis, Mr. Pappas assumed that each and every truck would have accessed the triangle area via the Crossing if it had been open. Mr. Pappas also assumed that each and every truck used the alternate route because of the Crossing's closure. On cross-examination, Mr. Pappas had to concede the following: (a) Any truck going to or coming from Interstate 10, Interstate 295, or going to northbound Interstate 95 would access the triangle area using a crossing other than the one at issue here; (b) An origin and destination study needs to be conducted to accurately determine the percentage of commercial traffic actually utilizing the alternate route; (c) If an origin and destination study had been conducted, it would have shown that the trucks would have used the Norfolk Southern crossing at least some of the time; and (d) The analysis did not consider the impact of regular blockages at the Crossing. Mr. Pappas admitted that his analysis was "a last minute review" that could have been "much more accurate." In support of his lost wages cost analysis, Mr. Papas estimated that every employee of each business would make four trips into or out of the triangle area every working day of the year. He estimated that each and every trip would incur a 15-minute delay due to train blockages on the Norfolk Southern line. Thus, Mr. Pappas concluded that each and every employee was estimated to lose one hour every working day. By multiplying the estimated number of employees of each business by the estimated average hourly wage paid by that business, then doubling that amount to account for "indirect wage losses," Mr. Pappas estimated the dollar amount of wages lost daily by each business. By multiplying that product by the number of working days in a year, Mr. Pappas estimated the annual loss to each business. Mr. Pappas's lost wages cost analysis assumed that each and every trip into or out of the triangle area would have been made via the Crossing had it been open. He further assumed that each business paid their employees for the time they spent waiting at a rail crossing coming to or leaving work. On cross-examination, Mr. Pappas conceded the following: (a) Employees would not be paid for time spent waiting at a crossing after leaving work; (b) Employees might not leave work for lunch; and (c) Such trips would have to be deducted from the analysis. There is no doubt that RLI and Tremron have incurred an adverse financial impact due to the closure of the Crossing. However, for the reasons set forth above, Mr. Pappas's cost analysis studies and his testimony in support thereof, cannot be relied upon to accurately reflect that impact. Pedestrian Convenience It is undisputed that the Crossing was not designed for pedestrian or bicycle use. Nevertheless, persuasive evidence indicates that pedestrians and bicyclists used the Crossing before it was closed. They have continued to cross the tracks since CSXT removed the crossing roadway in July 1998. One survey indicates that as many as six pedestrians used the Crossing during a 24-hour period in 2001. Other evidence indicates that at least 15 pedestrians used the Crossing during an eight-hour period in 2001. These pedestrians include a lot of Grand Park community residents who do not own motor vehicles and therefore need to walk or rely on other means of transportation. It would take over an hour for a brisk walker to walk the proposed alternate route around the Crossing, a distance of 3.26 miles. The alternate route is also dangerous for pedestrians because both Edgewood Avenue and New Kings Road (U.S. 1/23) are four-lane highways with no sidewalks. Additionally, the overpass on Edgewood Avenue has cement barriers that block off and reduce the size of the sidewalks so that they are impassible. Thus a pedestrian must walk right next to the auto lanes on the viaduct. Public bus service provided by the Jacksonville Transportation Authority (JTA) connects the neighborhoods on both sides of the Crossing. Some time shortly before the final hearing, a CSXT witness followed two buses that connect the Paxon community and the Grand Park community on the eastern side of the Edgewood Avenue overpass. Additionally, CSXT and COJ provided exhibits which clearly show that pedestrians on both sides of the Crossing have reasonable access to bus transportation over the alternate route, on weekdays and weekends, without having to walk an unreasonable distance. The pedestrian safety hazards at the Crossing substantially outweigh any limited pedestrian inconvenience that would result from the closing of the Crossing. Excessive Restriction to Emergency Type Vehicles Resulting from Closing The Jacksonville Fire and Rescue Department naturally has some concerns that it will be unable to provide timely emergency services in the triangle area when it is sealed. This is more likely to happen with the Crossing closed. Old Kings Road has always been an area of limited access for fire and rescue crews due to the amount of train blockages at the Crossing. The response time of fire and rescue services could be reduced by one minute if the Crossing were open and not blocked by a train. One minute can mean the difference between life and death in an emergency situation. Prior to its closing, emergency vehicles were dispatched from the east side of the Crossing (from fire and rescue Station 7) to cover emergency calls on the west side of the Crossing. Since the closure of the Crossing, the Jacksonville Fire and Rescue Department has modified its response procedures to handle fire and rescue calls for the west side of the Crossing by placing a new fire and rescue station (Station 17) located on Huron Street, west of and less than two miles from the Crossing. Huron Street connects with St. Claire Street south of the Norfolk Southern crossing. Stations 7 and 17 cannot maximize their potential by providing overlapping fire and rescue services because of the closure of the Crossing. Instead, the two stations serve as backup units for each other. The change in fire and rescue response procedures was required in part due to the closure of the Crossing. It also was necessary to meet increasing demand for service on the west side of the Crossing and to ensure emergency service when there were simultaneous multiple calls. RLI and Tremron also are concerned that emergency services will not arrive timely if the Crossing is closed and the triangle area is sealed. RLI has 16 to 18 employees. In August 2001, a Norfolk Southern train was blocking 20th Street West and St. Clair Street when one of RLI's employees required emergency medical services. Norfolk Southern had to break the train so that rescue services could answer the emergency call. The rescue response time on that occasion was 12 minutes. Tremron has 12 employees. Sometime in 2001, Tremron had to call for emergency medical help for an employee who was experiencing an asthma panic attack. The emergency response vehicle took 30 minutes to respond to Tremron's facility. The record does not indicate whether a train sealed the triangle area at that time. Despite the above-referenced incidents, the average response times for the three fire and rescue zones in the area of the Crossing have significantly improved since its closure in 1998. For example, fire and rescue Zone 5370 includes the triangle area. The average response time for fire response in Zone 5370 was 6.1 minutes in 1997 and 4.7 minutes in 1999 and 2000. The average response time for emergency medical response in Zone 5370 was 8.6 minutes in 1997, 5.7 minutes in 1999, and 6.2 minutes in 2000. The Jacksonville Fire and Rescue Department considers six minutes to be the optimum response time for emergency medical response. Regardless of the closing of the Crossing, there may be times when fire and rescue vehicles need to request that a train be broken in order to access the triangle area. While fire and rescue personnel prefer that the Crossing be open, any restriction to fire and rescue vehicles as a result of the closure of the Crossing has not been and will not be excessive. The Jacksonville Sheriff’s Office has good overlapping vehicle coverage on both sides of the Crossing. There was no evidence presented that police calls have been or would be delayed as the result of the closing of the Crossing. There is evidence that the police do not patrol along Old Kings Road as often as they did before the Crossing was closed. Nevertheless, any restrictions to police patrol vehicles as a result of the closure of the Crossing have not been excessive. I. Effect of Closing on Rail Operations And Expenses Although CSXT has no business necessity to keep the Crossing closed, crossing accidents impact the railroad's operations. This occurs when train crews are relieved from duty and lose time from work dealing with the emotional effects or psychological trauma caused by witnessing serious accidents. Additionally, CSXT has significant liability exposure for crossing accidents at the Crossing, including physical and emotional injury claims brought by motorists, passengers, train crews and pedestrians based upon the proximity of the Crossing to the Moncrief Yard. So far, CSXT has paid approximately $500,000 for claims arising out of accidents at the Old Kings Road crossing, exclusive of attorney’s fees and costs. Amtrak has paid approximately $100,000.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That FDOT enter a final order granting CSXT a permit to close the Crossing. DONE AND ENTERED this 11th day of February, 2002, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 11th day of February, 2002. COPIES FURNISHED: William Graessle, Esquire Winegeart & Graessle, P.A. 219 North Newman Street Fourth Floor Jacksonville, Florida 32202-3222 Eric L. Leach, Esquire Milton, Leach, D'Andrea & Ritter, P.A. 815 Main Street, Suite 200 Jacksonville, Florida 32207 Scott A. Matthews, Esquire Department of Transportation 605 Suwannee Street Mail Station 58 Tallahassee, Florida 32399-0450 Ernst D. Mueller, Esquire City of Jacksonville Office of the General Counsel 117 West Duval Street, Suite 480 Jacksonville, Florida 32202 Harold A. Shafer Centurion Auto Transport 5912 New Kings Road Jacksonville, Florida 32209 James C. Myers, Clerk of Agency Proceedings Department of Transportation 605 Suwannee Street Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32399-0450 Pamela Leslie, General Counsel Department of Transportation 605 Suwannee Street Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32399-0450
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 for an at-grade crossing in the vicinity of Live Oak, Perry and South Georgia Railway Company Mile Post 1688 feet east of Mile Post 40.
Findings Of Fact Proper notice was given the parties and the hearing was delayed for thirty (30) minutes after time of notice in the event that the Respondent desired to make an appearance but was unavoidably detained. State Road 20 was relocated so that the subject crossing is necessary to the straightening and the realignment of the existing road. The average daily traffic is estimated to be 3,600 for the year 1976 and to be 4,800 in ten (10) years. The railroad is a single line trackage and is shown by the inventory to carry four (4) trains per day at 10 m.p.h. The tracks serve a local paper mill in Foley, Florida. An agreement has been worked out between the Department of Transportation and the Respondent railroad. The agreement provides for the protection and signalization at the location of the subject crossing and provides for the funding of the project. The prior or present crossing in this vicinity on State Road 20 will be open and in operation approximately 600 feet from the proposed crossing. Both crossings will have flashing lights and the existing crossing will carry primarily local traffic coming out of the county grade road. The new crossing will bear most of the traffic. The Respondent railroad is in agreement with the opening of the crossing; the Department of Transportation is in agreement that the additional crossing be permitted; the parties agree that the signalization shall be cantilevered flashing lights.
Recommendation Grant the permit to open the crossing. 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 Mr. R. A. Kelso, Chief Engineer Design & Construction Southern Railway Company (Live Oak, Perry and South Georgia Railway Company) 99 Spring Street, South West Atlanta, Georgia 30303
The Issue The parties stipulated that the denial of the proposed crossing was based solely upon the type of signal or warning devices the applicant had proposed to install. The issue presented is limited to the type of warning or signaling devices which should be installed at the proposed crossing.
Findings Of Fact The proposed crossing would be created by the extension of Thomas Road over the Seaboard Coast Line Railroad. Thomas Road runs northeast at approximately a 90-degree angle off the road known as Old 41 or Old Tamiami Trail, and its extension would cross the railroad approximately 600 feet from its intersection with Old 41. The Thomas Road/Old 41 intersection is located one-quarter mile southeast from the dead end of Old 41 in Lee County. Old 41 and Thomas Road are improved two-lane roads. Old 41 runs southeast for several miles and intersects US Highway 41. The extension of Thomas Road would terminate shortly after crossing the entrances to two proposed industrial parks. The proposed crossing will be the sole access to the 22-acre tract zoned for the heaviest industrial use permitted by Lee County. The tract has been sold in two sections of approximately equal size. The Seaboard Coast Line Railroad at the point of the proposed crossing consists of a mainline track and a spur, or storage track, which run parallel to Old 41 at the site of the proposed crossing. The mainline track runs from Tampa to Naples through the Fort Myers area in which the crossing will be located. The storage track runs 690 feet to the north of the proposed crossing and 1,400 feet to the south of the proposed crossing. The mainline track carries one train per day, and a speed limit of 35 miles per hour is imposed upon mainline traffic. The one train using the mainline track drops cars off onto and picks cars up from the storage track. These switching movements could entail multiple movements of rail traffic through the proposed crossing one time per day. Typically, cars would be dropped off onto the storage track as the train moved south on one day, and would be picked up as the train moved north on the following day. The number of cars dropped off onto the storage track would vary but would not exceed 60 cars, and there would generally be no more than 20 to 25 cars on the storage track at any one time. Each such car is 50 feet long. The mainline train is not run on Sundays. The projected vehicular traffic on Thomas Road is 791 vehicles per day over the crossing based on projected planning data developed by the Department of Transportation. Based on an assumed speed limit for Thomas Road of 35 miles per hour, a driver approaching the proposed crossing from Old 41 could see to the left of the crossing 85 feet and to the right of the crossing 92 feet from a point 200 feet from the crossing. Similarly, leaving the proposed industrial park, a driver could see 76 feet to the right and 46 feet to the left from a point 200 feet from the crossing. The 200-foot distance is derived from the distance it would take a driver to stop his vehicle while traveling at 35 miles per hour without going onto the track. There are existing railroad crossings in incorporated Fort Myers that carry ten to 20 times as much traffic as the proposed crossing which are not signalized. Although the Department of Transportation has emphasized signalization of existing railroad crossings since 1973, it has only completed the construction of or planning for the construction of signalized crossings on 750 existing crossings. The Department has established a numerical priority of signalizing existing crossings based upon the speed of vehicular traffic, the speed of railway traffic, the number of trains, the number of vehicles, the type of signalization or warning devices existing at the crossing, the number of lanes, minimum sighting distances, minimum clear quadrant sight distances, parallel roads, and school bus usage. Under the Department's system, the lower the number assigned to the crossing the higher its priority. Planning for signalization of existing railroad crossings is currently in the 800's. The Department's Safety Engineer identified the Townsend Street crossing in Wauchula as an existing railway crossing comparable to the proposed crossing. The Townsend Street crossing had a traffic count of 425 vehicles per day, two trains per day, 20-mile-per-hour train speed, traffic speed limit of 25 miles per hour, and minimum visibility in its worst quadrant of 57 feet. The Townsend Street crossing is not signalized and has a priority number of 3,250. Electrical signal and warning devices at railway crossings may be bypassed and turned off by railway personnel during switching operations. No evidence was introduced that the opening of the proposed crossing would endanger or damage the railroad operation. Opening of this crossing is necessary for the development of a major industrial property in Lee County.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend approval of the proposed crossing with the required roadside flashing lights and bells on all roadway approaches to the crossing, with the following additional conditions: The speed limit on Thomas Road be set at 20 miles per hour; 1/ The Seaboard Coast Line Railroad Company be required to use a flagman at the crossing when switching cars onto the storage track over the crossing; The Seaboard Coast Line Railroad Company be required to store cars at the southern-most end of the storage track and not leave cars on the northern end of the storage track when a flagman is not present; 1/ and The obstructions to vision be removed from the area surrounding the crossing to permit a driver approaching the crossing at 25 miles per hour to see a train in sufficient time to stop before moving onto the track. 1/ DONE and ORDERED this 10th day of January, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 10th day of January, 1980.
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
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
