Boardman Township officials may have answer to safety hazard on Maple Avenue railroad crossing

By Bruce Walton

bwalton@vindy.com

BOARDMAN

When township Trustee Tom Costello thinks about the patchy, barren railroad crossing on Maple Avenue, he is frustrated by the problems he and other township officials are unable to fix on their own.

The crossing, he said, has been an eyesore and safety hazard for too long, and the lack of jurisdiction the township has over it is a problem as well.

To him, Youngstown & Southern Railroad Line’s owner Mule Sidetracks LLC, a subsidiary of MarkWest Energy Partners of Denver; and the operator, the Indiana Boxcar Corp.; are like neighbors to the township. Costello said he and the residents feel they aren’t being entirely understanding.

“All Boardman Township wants is for them to be good neighbors,” he said.

The biggest problem has been safety on one of the busiest railroad crossings on Maple Avenue before the intersection on Southern Boulevard. The crossing has been the topic of discussion for more than 15 years with multiple owners.

But resolution may be possible after more than a year of meetings led by the Ohio Rail Development Commission involving township officials, the Mahoning County Engineer’s Office, the Public Utilities Commission of Ohio, MarkWest Energy Partners and the Indiana Boxcar Corp.

Marilyn Kenner, the township road administrator who also previously worked as the Mahoning County deputy engineer, said she understands the problems the trustees are facing.

“The problem with the crossing is that not all of them are gated, not all of them have the flashers,” she said. “They’re just the minimum signalized which means they just have signs.”

The crossing on Maple Avenue has a stop sign and a railroad crossing yield sign. To her and the officials, this is the highest priority because of complaints from residents about having to stop on the tracks to properly see oncoming traffic. Though she admitted there is not a lot of traffic on the tracks, Kenner said it’s not so much a matter of “if” but “when”.

Matthew Dietrich, ORDC executive director, said the problem has been discussed over a number of meetings and should be resolved in the future. The ORDC is focusing on the installation of a signal for the crossing, including what kind of signal or signage, as well as the logistics of the installation.

“We’re working with the community and the railroad to try and find a successful resolution to some of those safety concerns,” he said.

Township trustees, however, also want to do something about the base of the crossing. They‘ve received complaints that the crossing has a low dip over the rails.

There has been confusion over jurisdiction between local officials and railroad owners over who has the power or liability to do construction on the crossing, including the pavement or signals. On the side of the locals, Kenner said they’re unable to do anything.

“Our concern is that we did not want Mahoning County or Boardman Township to incur liability if the traffic signal is not warranted,” Kenner said.

Why can’t the railroad’s owner or operator can’t fix the crossing?

According to the Ohio Revised Code, the railroad’s operator is responsible to “build and keep in repair good and sufficient crossings.” The code says the operator’s failure to construct or repair the crossings can make it liable to pay the township. But trustees said taking legal action could cost residents thousands of dollars in taxes for legal fees.

The current owner of the railroad also said the operator is responsible.

“Our railroad operator is responsible for maintaining this right of way and continues to work with all parties – local, county and state – to find a long-term solution to the Maple Avenue crossing,” said Pat Creighton, spokesman for MarkWest Energy Partners, in a statement.

The Indiana Boxcar Corp. has crews and engines on the railroad. Its president, Powell Felix, said he would like nothing more than to help the township.

As operator, however, he said it can only control what goes down the track, not what changes or repairs are made to the crossings unless they are minor repairs such as patches on the asphalt.

He said making any major changes, such as raising the crossing, would have consequences from the Federal Railroad Administration. “We want it resolved but we can’t please the township and then make the state unhappy or make the federal government unhappy,” he said.

Felix said if he can get what exactly the township wants to do with the crossing in writing, the corporation can run it by the FRA so that it doesn’t ignore federal regulations.

No matter the jurisdiction, Dietrich said the ORDC will review all the elements required to complete the safety project and will also consider the wants of the community.

Trustees also hope to eventually do the same for railroad crossings at McClurg Road, Indianola Road and Western Reserve Road.