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rr,- JUL 2 1986 BOOK 64 F', EF -6 of relying on whistles and horns. He added that it is very difficult to hear the horn in an air-conditioned car with the windows closed and perhaps the radio turned on. Commissioner Wodtke expressed his disappointment in the City passing a Resolution to retain the whistles and horns during the nighttime hours. He expressed concern over the attorney for the City of Ft. Pierce having advised the City Council that there is some liability and wanted some assurance that we are not placing the taxpayers or -this Board under any liability for passing an ordinance. County Attorney Vitunac disagreed with the Ft. Pierce attorney about the County having any liability in the passing of this ordinance. He maintained that the only liability is through the posting of warning signs and the maintenance and replacement of those signs when necessary. He pointed out that the train engineer can always blow his horn or whistle if he senses any danger ahead, but if it gets to a point where the engineer is constantly blowing his horn, we can always revisit the issue. Commissioner Wodtke suggested modifying the Motion to state that whistles may be sounded if there is any doubt whether a malfunction may have occurred, but Attorney Vitunac felt the wording is fine the way it is. Commissioner Lyons intended to vote for this Motion because he felt we have reached a point where a train whistle does not -have the same effect that it used to have because of air-conditioned cars, stereos, etc., and even if we hear the whistle as a warning, it is going to be too late because the train can't stop. He believed that we are looking at a thing of the past and need to bring ourselves up to date. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried by a vote of 3-1, Commissioner Bowman dissenting, and Commissioner Bird being absent. 56