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.*"

Accident scene involving Patricia Toundas and train.

 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

Ash Street crossing prior to modest repair.

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.  She indicated those funds were "no longer available."

Action by Railroad

Ash Street

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 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 susan@fernandinaobserver.com

Janurary 30, 2014 4:51 p.m.