Submitted by Susan Hardee Steger
Editor’s Note: The City of Fernandina and railroad officials were required to file a “position statement” after an ADA complaint was filed by Jennifer Niles in April 2013. (Click here for previous story.) The City’s response is printed below (without attachments). We will attempt to get a copy of the railroad’s response.
January 31, 2014
Calvin Gibson
Director, Office of City Rights
U.S. Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
Dear Mr. Gibson:
“I have been asked by City Manager Joe Gerrity to respond to your letter dated January 7, 2014. As far as the City can tell from the complaint filed by Ms. Niles on March 26, 2013, she fell out of her wheelchair while attempting to cross railroad tracks as a way to access the Salty Pelican restaurant, a private establishment. The story of how she fell and why she felt she needed to cross the railroad tracks is confusing. Which direction was she headed when she crossed the tracks (East or West)? Was she trying to access the Salty Pelican restaurant via Centre Street? Ms. Niles alleges that the City has allowed a “sidewalk” to deteriorate adjacent to the Marina Restaurant. I am not aware of a sidewalk that was ever installed or maintained by the City in this location referenced by Ms. Niles. If there is documentation of a sidewalk having been in this location which is a public sidewalk, the City is interested in seeing this evidence. The City is currently involved in litigation (authorized by the city Commission at a public meeting) over what we believe is the same area of the “sidewalk” referenced by Ms. Niles.
Ms. Niles cites City of Fernandina Beach Ordinance Number 258 which she characterizes as an “illegal vacation” of right-of-way. I have attached a copy of the City’s Amended Complaint filed in the State of Florida Fourth Judicial Circuit Court in and For Nassau County, Florida Case #2013=CA=179. City v. Toundas. The case is currently in the discovery phase, and the crux of the case is the meaning of Ordinance 258. The City alleges in the lawsuit that there is a 10 foot driveway located just west of the Marina Restaurant that was never vacated by the City and that constitutes right-of-way. The Marina Restaurant has claimed for years that the property just west of its building is private property, and the City took action to determine the ownership of this property. Until the court decides the property issue, the City cannot make improvements adjacent to the Marina Restaurant.
Regarding the allegations that the City does not provide handicapped accessibility over the railroad tracks to the waterfront on the Amelia River, the railroad tracks and crossings are not controlled or operated by the City. To my knowledge, there are no agreements with CSX or its tenant(s) to allow the City to make improvements that traverse the railroad tracks.
The City welcomes any assistance the U.S. Department of Transportation and Federal Railroad Administration can provide that could resolve the accessibility issues Ms. Niles raises in her complaint.”
Sincerely,
Tammi E. Bach, J.D., B.C.S.
City Attorney
Board Certified Specialist City, County
and Local Government Law
cc: Joe Gerrity
February 4, 2014 5:16 p.m
Just tear down all buildings, fences, and sidewalks within 30 feet on both sides of the railroad tracks, give the right-of-way to CSX, and block the railroad crossing on Centre Street. All traffic must use other routes to access the waterfront. Seriously. Centre Street is dying anyway. Controversy with the Post Office, parking, Shrimp Fest, the railroad, and the failed Forward Fernandina plan have all put Centre Street in the spotlight, on a bad note. Just being a little sarcastic here.
Am I the only one here who thinks that this response by the City attorney (and therefore, by our City government) is appalling? I cannot believe that it would make a difference what direction Ms. Niles was traveling in order to cross the tracks in our downtown . . . and would it make a difference if she was headed to Brett’s, or the marina, or Atlantic Seafood, or the Petanque Courts, or the Salty Pelican? Our downtown Fernandina is bisected by the tracks, and we are negligent in not owning up to our responsibility for the tourists and residents who frequent our downtown waterfront.
The trains are vital to the port and the mills, but sometimes I wish the train tracks weren’t in their current location. Wish there were a way to relocate them. But seriously, what does it matter which direction she was going or where she was headed? That has nothing to do with the accessibility or safety issues surrounding the tracks. Just the city (and CSX) not wanting to own up to the problem and find a way to solve it.
The first thing the City attorney should have done is express concern for the poor woman who suffered a scary and dangerous accident. We need to fix problems that put our people in harm’s way. This is not the time to place blame on someone else. I think this letter is embarrassing.
It should be noted that the repair of the crossing is not the City’s responsibility or CXS’s responsibility. This is the responsibility of Florida First Coast Railroad. The City can not go in and repair the right of way (tracks) that they don’t own.
I have had conversations with the F.R.A. ( Federal Rail Road Agency ). I have met at the crossing at Center Street with a federal inspector and as compassionate as he was concerning the disrepair of the crossing, he was helpless by law to intervene. It is a safety issue for pedestrians, but not for the trains.
I learned that Florida First Coast had this in their 2014 Capital budget. I called Florida First Coast this week only to learn it lost capital funding for 2014.
Simply put——-no new crossing this year, only patching as needed.
I also learned that they were on board with the new crossings and were ready to go until funds were pulled from Forward Fernandina.
Where do we go from here? After attending the Commission meeting tonight and bringing up this topic, the City is making the calls and starting to put some pressure on various Federal agencies to see what can be done. The City just can’t go fix this problem from within. Pressure, political pressure, must be kept up and bring as many State and Federal agency’s and politicians to the crossings to try to get Florida First Coast to expedite this work.
Having a daughter in a wheelchair has brought me to this discussion. My first contact with the city was almost three years ago, just after my daughter’s accident, when we realized how impossible it would be for her to cross the tracks at Centre St.
The curt response from the city attorney was inexcusable to say the least. To think that it would matter which direction Ms Niles was coming from is absurd! The point is that something must be done to improve the tracks before there is a fatality….
I too have been in touch with the Chief Counsel for the railroad, the Mayor, the DOT and everyone passes the buck to the next. Can anyone see what is happening here? We have spent the past years trying to figure out who owns what and who is responsible for what…..why has it gone on for this long?
I have asked before and I will ask again…is anyone, whether DOT, Railroad, City, etc…willing to put yourselves in a wheelchair for just an hour and try to traverse the area of discussion, then continue to play this game.
Lives are at stake….will someone PLEASE step up to the plate and get this situation resolved?
Let’s find out the cost and share it.
Who gives a flip who has the right of way.
Everybody wants to but has an excuse.
Nature of our bureaucratic b.s. that is fed to citizens
http://www.hulcher.com/contractor-services/engineering-maintenance-of-way/railroad-crossing-construction.asp
The City in all fairness doesn’t have the knowledge, or equipment to go and fix the crossing. The right of way belongs to Florida First Coast and they must be the ones to fix it. I know it is a frustrating, embarrassing and more importantly an unsafe condition. According to Florida First Coast it is not just the crossing that must be addressed, but also a track issue going to and from the crossing. My guess is the track is sinking a bit and the grade must be raised when the crossings are installed. It is sad to say but all we can do is keep the pressure on the City, have the City keep the pressure on both State and Federal agencies as well as all of us keeping the pressure on our State elected officials.
There is one possible solution as far as a temporary fix that comes to mind. I wonder if the City and First Coast could get together and remove the wood ties and cut back a portion of the street on each side of the crossing and resurface it up to the track. Keep in mind you will never get a totally smooth crossing as grooves must be in place for the flanges of the wheels to travel in. This would give you a better surface to walk over and the old rotted ties would have been eliminated. Just a thought.
Go look at the Dade St. crossing.That is all we need at Center and Ash.The area in question is clearly the responsibility of either CSX or First Coast.The pressure must be kept up on them to correct this safety hazard.