Submitted by Susan Hardee Steger
News Analysis
Under current conditions, trains, cars, and pedestrians simply don’t mix in Fernandina’s historic downtown. Public safety issues such as the deteriorating train tracks at Center and Ash Streets, pedestrian access from Centre Street to the popular eatery Salty Pelican, and the hazardous situations that result when cars park on or close to Front Street’s train tracks remain unresolved.
Railroad Tracks Claim a Victim – March 2013
In March of 2013 on her way from the waterfront to Salty Pelican Bar & Grill, Jennifer Niles crossed Centre and North 2nd Street. Her wheelchair became lodged between the tracks and the deteriorating railroad ties. Niles was thrown from her wheelchair. (Click here for previous story.)
Prior to the accident Niles met with City Manger Joe Gerrity, and voiced her concern over accessibility issues in the area. After her fall, she spoke to the City Commission requesting they find a solution even if temporary to fix the problem.
Before the 2008 Shrimp Festival, former City Clerk Mary Mercer reminded city staff of a crossing ramp in the City’s possession made in response to an ADA complaint filed after the 2007 festival. The complaint alleged individuals in wheelchairs were having difficulty crossing the tracks.
In an email received by City Manager Joe Gerrity on July 11, 2012, Marlene Chaplan asked, “Have you ever looked at the RR tracks and given any thought to trying to cross those in a wheelchair?”
On April 9, 2013 , Niles filed an ADA complaint with the Federal Justice Department. The complaint is now being investigated by the Federal Highway Administration (FHWA) and the Federal Railroad Administration (FRA). The city is being asked to provide a “position statement” in order to respond to Niles’ allegation. The statement is due February 7.
Vehicle hit by train – Front & Centre – 2014
“Never race a train . . . If you tie, you lose.*”
On January 13, 2014, Patricia I. Toundas, owner of the Duryee Building and the Marina Restaurant, parked on the railroad track to unload her vehicle. According to the trafffic accident report, Toundas was inside the restaurant when a customer alerted her of the approaching train. She attempted to move her vehicle.
Both the train conductor and engineer reported Tsoundas moved west toward Front Street and then turned east toward a parking area behind the restaurant. Her vehicle came to a stop in front of a telephone pole and was unable to clear the tracks.
The train carrying 27 cars, struck the left rear portion of the vehicle. Although Toundas hit her head on the car window, she refused medical treatment. Toundas was issued a traffic citation.
As the Forward Fernandina strategic plan was being developed, an email from a railroad representative indicated cars parking on or too close to the tracks were a big concern for the railroad. Cars encroaching on the tracks have increased since the opening of Salty Pelican.
Adding to the problem is the question of who is the rightful owner of a narrow strip of land just west of the Duryee Building? The property dispute between the City of Fernandina Beach and Patricia Toundas continues to languish in the courts. In the meantime, there is no temporary solution in place to reduce access problems and limit liability issues. Pedestrians continue to walk over rough and uneven surfaces to gain access to the Salty Pelican, and parked cars continue to be a problem for pedestrians and the railroad.
*”Never race a train . . . Even if you tie, you lose,” is a Florida Department of Transportation tag line used in its previous communication with the City of Fernandina Beach.
City Board discusses railroad tracks
During a joint City Commission and CRA Advisory Board (CRAAB) meeting on December 4, 2012, board member Andy Curtin presented a recommendation to the commission to “improve the safety of the crossing as Ash and Centre Streets.”
According to minutes from a CRAAB meeting on April 1, 2013, as to why improvement in the Centre and Ash Street railroad crossings were taking so long, City Attorney Tammi Bach responded the crossing improvements were suppose to be done as part of the waterfront upgrades [Forward Fernandina]. She indicated those funds were “no longer available.”
Action by Railroad
On two occasions the Fernandina Observer was alerted to railroad track repairs. The repairs involved replacement of deteriorating wood, and some repair using asphalt. (See photo above.)
On May 30, 2007, in an email to then City Manager Michael Czymbor, city employee Rex Lester wrote, “I met with the local railroad personnel regarding Railroad crossings at Ash and Front and Centre and Front. They have informed me that they don’t have the necessary funding available to replace crossings as requested and they would be sending our request to corporate headquarters to handle.”
Action by City
After a Fernandina Observer public records’ request, City Manager Joe Gerrity responded he “did not write or receive any letters from CSX or First Coast Railroad regarding the condition of the crossings.” He acknowledged he had a conversation with a railroad representative “long ago.” Attempts were made by the railroad to improve the tracks but a reporter’s inspection after the repairs saw only modest improvements.
A letter to First Coast Railroad dated May 23, 2007 from Maintenance Director Jerry Sinclair under subject matter “Re: Railroad Crossings and ADA Compliance said, “We have had a number of citizens express concerns regarding the above referenced at Ash Street as well as Centre Street. The concern is the wide gaps by the steel track that pose a safety risk especially because these downtown locations have a lot of pedestrian traffic.”
In an March 2013 email to Gerrity and Bach, current Mayor Ed Boner said, “I would like to not worry about being part of an ADA or injury suit for us [City] with a cost far higher than the cost of payment or a suit trying to claim improper enforcement of ‘No Parking’.”
During an April 2013 regular meeting of the city commission, City Attorney Tammi Bach remarked that she anticipates quick action on some of the Centre Street conditions.
When recently asked for an update on the track situation, Gerrity replied he had heard “third hand” that improvements were in the 2014 railroad budget.
Editor’s Note: On a personal note, a trip last summer took me through the back roads of Nassau County, Georgia and North Carolina. Not one railroad crossing was in worse shape than ours.
During your travels, have you found any railroad track crossing worse than the highly used crossings at Centre and Ash? If so, let us know. Simply email [email protected]
Janurary 30, 2014 4:51 p.m.
Truth be told that is a very dangerous Rail crossing. That comes as no surprise to anyone who has walked it. Last year I contacted the F.R.A. (Federal RR Agency). This agency oversees RR safety nationwide. They sent an inspector from Atlanta and I met with him at the Center Street Crossing. My hopes were that they would find this unsafe and have Florida First Coast replace it. After meeting with the inspector I learned that as long as the (tracks) were safe they had no jurisdiction over the actual crossing. The funny part was that he was amazed at how the cars were parked so close to the tracks. I did learn from that meeting that a new crossing was planned under the 2014 capital budget, but knowing how capital budgets go, there were no guarantees. The F.R.A. works closely with the various rail roads and for the most part have a good working relationship with them. It turned out that within two weeks of this meeting a crew came down and replaced a section of the wood and patched the crossing as best they could. The crossing is still unsafe and needs not to be patched, but rather replaced. It is my hope that Florida First Coast can fit it into their capital program this year. I would also suggest that should this not be done by Shrimp Fest ( lets not hold our breath ) that the city lays rubber mating over the rail so pedestrian traffic wouldn’t be negotiating the pit falls of the current condition. I am sure this could be coordinated with the RR and make for a safer ( less lawsuit ) situation. The thing we all have to keep in mind is that the crossings are not really the Cities responsibility. It is Florida First Coasts to maintain a safe crossing. Till than be careful.
It was an extremely tricky proposition to push my late mother in her wheelchair across the tracks both on Centre and Ash. We usually hoped someone strong would be available to help lift the chair.
The situation denies reasonable equal access to some folks with physical limitations.
Thankfully a very good friend alerted me to this article…thanks you Jean! We too have been trying to get the railroad and the city to get serious with this issue. Our daughter is wheelchair bound due to a diving accident 3 years ago and being that the Salty Pelican is a family favorite, we head there with trepidations and fear the she may get caught in the tracks. While she is young and strong, she cannot navigate those tracks at all! When people park their cars so close to the tracks just for the convenience and because they feel that they have the right to because they own a restaurant, they wouldn’t own that eatery if it weren’t for the patrons who “try” to get there!! Now that her car has been hit by the train, will she change? Doubt it…With that said, I hope that the town and the railroad will get their act together and get beyond all of the red tape (unlikely) and FIX THE TRACKS!!!!
Info from USDOT website on rr crossings. And one question, isn’t it the restaurant’s responsibility to provide adequate ADA access to their facility?
http://safety.fhwa.dot.gov/xings/com_roaduser/07010/sec01.htm
“Crossings are divided into categories. Public crossings are those on highways under the jurisdiction of and maintained by a public authority and open to the traveling public. In 2005, there were 181,886 public crossings, of which 147,805 were at grade and 34,081 were grade separated. Private crossings are those on roadways privately owned and utilized only by the landowner or licensee. There were 97,306 private crossings in 2005. Pedestrian crossings are those used solely by pedestrians. There were 3,162 pedestrian crossings in 2005.”
In response to the statement that “it’s the restaurant’s responsiblity to provide adequate ADA access to their facility”….the Salty Pelican DOES have access right at their front door! The issue is not directly in front of the Salty Pelican, the issue is getting by the cars at The Marina Restaurant and the lack of and deplorable condition of what is left of any resemblance of a sidewalk! You cannot get near the tracks if you are in a whellchair or you’ll tumble and fall and did Ms Niles!
I would challenge anyone, as I have in the past, get into a wheelchair and traverse the tracks at Centre St and the “sidewalk” on the west side of The Marina Restaurant….you won’t get far at all.