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City to ask FDOT to enforce Brightline/Florida East Coast safety maintenance at four crossings

2830766 · March 25, 2025
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Summary

City staff told council they will take the dispute with Florida East Coast Railway (Brightline) over maintenance of four pedestrian crossings to the Florida Department of Transportation after local negotiations stalled.

City Manager Jenny told the Melbourne City Council that the city and Florida East Coast Railway (FEC/Brightline) are at an impasse over who must maintain four pedestrian crossing improvements installed as part of the Brightline project and that staff will now ask the Florida Department of Transportation (FDOT) to enforce the permit conditions that required the safety improvements.

Why it matters: The dispute concerns pedestrian improvements at crossings on Fee Avenue, Prospect Avenue, Palmetto Avenue and Lincoln Avenue (between Strawbridge and Hibiscus). Jenny said the improvements include sidewalks that “stopped right at the right of way and started up at the other side” and arms and signals intended to keep pedestrians off the track during train movements. She told council that FEC is seeking maintenance agreements covering all improvements at the crossings; the city expects FDOT to have required the safety enhancements as part of the Brightline permit and will ask FDOT to review compliance.

Discussion and next steps: Jenny said staff met with the city attorney, the city engineer and others and that the city will write to FDOT “and plead our case with them because DOT did require those safety improvements as part of the permit.” She advised council the city may return with more complex choices later: either accept utility-style crossing maintenance agreements that could increase city maintenance obligations, or allow removal of pedestrian improvements if agreements are not reached.

Council reaction: Vice Mayor Newman and Council members asked clarifying questions about locations and potential linkage to any crossing-closure negotiations; Councilman LaRusso asked whether the current dispute relates to other crossing-closure negotiations in the region. Jenny said staff will pursue FDOT engagement and bring options back if required.

Ending: The council did not take immediate formal action but directed staff to pursue FDOT review and to return if difficult choices — such as accepting long-term maintenance responsibilities or allowing removal of improvements — become necessary.