R15-124 1 RESOLUTION NO. R15 -124
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 SIGN THE NECESSARY DOCUMENTS ON BEHALF
6 OF THE CITY OF BOYNTON BEACH TO ESTABLISH
7 QUIET ZONES ALONG BOTH THE CSX AND FEC
8 RAIL CORRIDORS; AND PROVIDING FOR AN
9 EFFECTIVE DATE.
10 1
11 WHEREAS, as All Aboard Florida moves forward with crossing upgrades necessary
12 to support passenger traffic on the FEC rail corridor they will also be installing improvements
13 necessary to garner a quiet zone through the City of Boynton Beach; and
14 WHEREAS, despite extraordinary background cooperation to achieve quiet zones,
15 there remains a solitary process on the part of the City of Boynton Beach; and
16 WHEREAS, each municipality must request and implement a quiet zone through a
17 process established by the Federal Railroad Administration which requires the City to submit
18 two written requests for quiet zones; and
19 WHEREAS, because the completion dates are not yet known for all work, staff
20 recommends that the City Manager be authorized now to sign the Notice of Intent and Notice
21 of Implementation documents which will ensure rapid approval of the quiet zones.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "WHEREAS" clauses are true and correct and
25 hereby ratified and confirmed by the City Commission
26 Section 2. That the City Commission of the City of Boynton Beach hereby
27 authorizes the City manager to sign the necessary documentation on behalf of the City of
28 Boynton Beach to establish quiet zones along both the CSX and the FEC Rail corridors.
29 Section 3. That this Resolution will become effective immediately upon passage.
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31 PASSED AND ADOPTED this 6 day of October, 2015.
32
33
34 CITY OF BOYNTON BEACH, FLORIDA
35
36 YES NO
37
38 Mayor — Jerry Taylor
39
40 Vice Mayor — Joe Casello c/
41
42 Commissioner — David T. Merker ✓
43
44 Commissioner — Mack McCray
45
46 Commissioner — Michael M. Fitzpatrick �✓
47
48
49 VOTE J' `
50
51 ATTEST:
52
53
54 !I. _ , , is
55 Jane t M. Prainito, MMC
56 C Clerk
iro
58
59
60 rp a Seal) 1
61 0
4 ' T .., :
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5 -tail
Notice of Intent to Create a Quiet Zone
Who should submit this notice:
A public authority seeking to create a New Quiet Zone or a New Partial Quiet Zone should submit notice
of its intent.
Parties to be notified:
Before a public authority establishes a quiet zone either through public authority designation or through
FRA approval, it must provide written notice to several parties. These parties include the following:
o All railroads operating over the public highway -rail grade crossings within the quiet zone;
o The State agency responsible for highway and road safety, and
o The State agency responsible for grade crossing safety.
All notices must be provided by certified mail, return receipt requested.
Deadlines:
A party may submit information or comments to the public authority during the 60 -day period after the
date on which the Notice of Intent was mailed. This 60 -day comment period may terminate early, if the
public authority obtains from each party either written comments or written statements that the parties do
not have any comments.
Notification contents:
• The notice must unambiguously state which crossings will be contained within the quiet zone.
Each public, pedestrian, and private crossing must be identified by both the U.S. DOT National
Highway -Rail Grade Crossing Inventory number and street or highway name.
w The notice must indicate the time period during which train horn restrictions would be imposed
(i.e. 24 hours or from 10 pm to 7 am).
• The notice must contain a brief explanation of the tentative plans for implementing improvements
within the quiet zone.
i The notice must clearly indicate the name, title, and contact information for the person who will
act as point of contact during the development process.
• All notifications must contain a list of the names and addresses of each party notified.
SAMPLE NOI
THIS IS PRESENTED AS A SUGGESTION AND IS NOT OMB APPROVED
DATE
Railroad Name
Railroad Address
DOT Name
DOT Address
RE: Notice of Intent to Establish a Quiet Zone
This letter is a Notice of Intent for the creation of a quiet zone at the following public highway-rail grade
crossings in CITY/COUNTY , STATE
LIST BY USDOT # and Street Name (in geographical order, n-s, DOT# SEQUENCE) (Include Private
and Pedestrian Crossings within the Quiet Zone). '
THE LIST CAN BE INCLUDED HERE OR AN AS ATTACHMENT, DEPENDING ON SIZE OF LIST.
This Quiet Zone will be in effect 24 hours per day.
The CITY / COUNres plan to implement a quiet zone includes upgrading the
crossings, where needed, to include gates, lights, constant warning time (where practicable) and power-
out indicators. Supplemental Safety Measures will be installed as indicated by the FRA Quiet Zone
Calculator.
The point of contact for the CITY / COUNTY is:
LIST INFO FOR CONTACT PERSON
This is provided as a guide only.
Please consider the date of this notice as the beginning date of the 60-day comment period. This notice
is being mailed to: LIST REQUIRED PARTIES ONLY HERE. REQUIRED PARTIES MUST BE NOTIFIED BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED. NOTE COURTESY COPIES AS "CC" AND LIST AT END OF
NOTICE.
Signed,
cc: as needed
SEND CERTIFIED MAIL / RETURN RECEIPT
PLEASE CONTACT YOUR FRA REGIONAL GRADE CROSSING MANAGER BEFORE SUBMITTING A NOTICE
OF INTENT (N01). INVOLVEMENT OF FRA STAFF IS NOT MANDATORY, BUT STRONGLY
RECOMMENDED.
This is provided as a guide only.
Notice of Quiet Zone Establishment
Who should submit this notice:
A public authority wishing to establish a New Quiet Zone, a New Partial Quiet Zone, a Pre -Rule
Quiet Zone, or a Pre -Rule Partial Quiet Zone must submit a notice of Quiet Zone Establishment.
Parties to be notified (05222.43 (a)(4))
The public authority must provide written notice to several parties. These parties include the
following:
o All railroads operating over the public highway -rail grade crossing within the
quiet zone,
o The highway or traffic control authority, or the law enforcement authority with
jurisdiction over motor vehicle traffic at the quiet zone crossings,
o Landowners with control over any private crossings within the quiet zone,
o The State agency responsible for highway and road safety,
o The State agency responsible for grade crossing safety, and
o The FRA Associate Administrator.
All notices must be provided by certified mail / return receipt .
Deadlines:
Notice of the establishment of a Quiet Zone should be mailed no later than 21 days before the
date on which train horns are scheduled to cease sounding. For New Quiet Zones and New
Partial Quiet Zones, the Notice of Quiet Zone Establishment cannot be served earlier than 60
days after the Notice of Intent was mailed, unless the Notice of Quiet Zone Establishment
contains a written statement affirming that written comments and/or `no comment' statements
have been received from each party that received the Notice of Intent. For Pre -Rule Quiet Zones
that qualified for automatic approval, the Notice of Quiet Zone Establishment should be mailed
out before December 24, 2005.
SAMPLE NOE
THIS IS PRESENTED AS A SUGGESTION AND IS NOT OMB APPROVED.
Associate Administrator for Safety
Federal Railroad Administration
1200 New Jersey Ave., S.E.
Washington, DC 20590
DATE
The CITY / COUNTY of , STATE is establishing a New 24 -hour Quiet
Zone effective . (At least 21 calendar days from date of letter)
This Quiet Zone is established under authority of 49 CFR 222 (REGULATORY PROVISION ). i.e. IF QZ
HAS 4 CROSSINGS AND 2 HAVE SSMs, AND THE QZRI is S RIWH, THE REGULATORY PROVISION
WOULD BE 49 CFR 222.39 (a)(3).
A Notice of Intent was sent on DATE " ' and (no comments were received from any
applicable parties) OR (comments were received and addressed) ATTACH COMMENTS IF RECEIVED.
The crossings in this Quiet Zone are:
LIST BY USDOT # and Street Name (In geographical order: i.e. — n -s, DOT# SEQUENCE)
(Include Private and Pedestrian Crossings within the Quiet Zone)
THIS LIST CAN BE INCLUDED HERE OR AS AN ATTACHMENT, DEPENDING ON SIZE OF LIST.
Attached are Grade Crossing Inventory forms for the crossings in this Quiet Zone reflecting conditions at
the crossings before any modifications and reflecting any modifications made to establish the Quiet
Zone. (PRINT TWO (2) COPIES OF DOT INVENTORY FORMS AND HAND - CORRECT ONE TO REFLECT
BEFORE AND AFTER CONDITIONS, MAKING CORRECTIONS (in red) TO ALL FIELDS)
MAKE THIS AN ATTACHMENT, MAKING PAIRS OF THE INVENTORY FORMS AND SHOW IN SAME ORDER
AS ABOVE.
This notice is being mailed to: LIST ALL REQUUIRED PARTIES ONLY HERE. NOTE COURTESY COPIES AS
"cc:" AND LIST AT END OF NOTICE.
The contact person for CITY / COUNTY is:
LIST INFO FOR CONTACT PERSON
1 certify that the information submitted herein is accurate, correct, and complete to the best of my
knowledge and belief, (this statement can be the signature block).
MAYOR, CEO, COMMISSIONER, etc.
cc: as needed
SEND CERTIFIED MAIL / RETURN RECEIPT.
This is provided as a guide only.
The Notice of Establishment does not need to be an intimidating document.
PLEASE CONTACT YOUR FRA REGIONAL GRADE CROSSING MANAGER BEFORE
SUBMITTING A NOTICE OF ESTABLISHMENT. IF YOU HAVE ERRORS OR OMMISSIONS, IT
WILL BE KICKED BACK AND YOUR QUIET ZONE WILL BE DELAYED.
INVOLVEMENT OF FRA STAFF IS NOT MANDATORY, BUT STRONGLY RECOMMENDED.
THE RAILROADS HAVE BEEN VERY HELPFUL IN REVIEWING NOTICES OF ESTABLISHMENT
AND THEY WILL ALERT YOU OF PROBLEMS THAT THEY FIND. ALONG WITH THIS, THEY
WILL CONTINUE TO SOUND THE HORN UNTIL ERRORS ARE CORRECT AND PROPER
NOTICE OF ESTABLISHMENT IS PROVIDED.