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r <br />OCT 2 3 1990 <br />CURRENT <br />BOOK' <br />The County received correspondence from the Florida East Coast Railway <br />Company ( FEC) dated September 10, 1990 requesting that the Board of <br />County Commissioners rescind Ordinance #86-45 based upon a report <br />entitled, "Florida's Train Whistle Ban" issued by the Federal Railroad <br />Administration of the U.S. Department of Transportation. The federal report <br />released July 1990 reviewed and analyzed the FEC's accident experience <br />during the 65 months since the first 'nighttime (10:00 p.m. to 6:00 a.m.) <br />whistle ban ordinance took effect along the FEC's operating corridor in 1984. <br />A brief synopsis of the report indicates that since the whistle bans have been <br />imposed, FEC's nighttime (10:00 p.m. to 6:00 a.m.) accident experience at <br />511 ordinance impacted crossings has increased from 39 to 115 or 1950. By <br />contrast, FEC's daytime (6:00 a.m. to 10:00 p.m.) accident experience has <br />increased from 108 to 109 or less than 1% during the same time period. The <br />report concludes that nighttime accidents at railroad crossings affected by the <br />whistle bans have increased and that increase is attributable to whistle ban <br />ordinances. <br />Preliminary contact with other cities and counties that have whistle ban <br />ordinances such as Boca Raton and Brevard County indicate they will not <br />make any changes to their existing ordinances. <br />RECOMMENDATION <br />After studying the federal report and Indian River County's railroad crossing <br />accident history, staff does not recommend any changes to the County's <br />existing ordinance at this time. The County's Transportation Planning <br />Committee has expressed its concurrence with staff's recommendation. <br />Robert Abood of the Florida East Coast Railway Company came <br />before the Board and referred to the following letter from FEC <br />President R. W. Wyckoff: <br />ir <br />FLORIDA EAST COAST RAILWAY COMPANY <br />P. O. DRAWER 1048. ONE MALAGA STREET. ST. AUGUSTINE. FLORIDA 32M <br />VC <br />OFFICE OF THE PRESIDENT <br />September 10, 1990 <br />File: 79.12 <br />CERTIFIED MAIL, RETURN RECEIPT REQUESTED P 270 472 262 <br />SEP 1990 <br />Mr. James Chandler <br />County Manager -P010O CE VATOTS <br />Indian Rivet County f <br />1840 25th Street4� <br />Vero Beach, FL 32960 ` ` lrn.,___,.7c\ <br />Dear Mr. Chandler: <br />On February 3, 1987, Mr. James P. Wilson, Assistant County Attorney, Indian <br />River County, wrote our Attorney Paul E. Risner, advising that Indian River <br />County had adopted Ordinance No. 86-45 at its regular meeting of November <br />18, 1986 prohibiting the sounding of train horns or whistles at public <br />crossings protected by gates, lights and bells between the hours of 10:00 <br />p.m. and 6:00 a.m., said Ordinance becoming effective November 1, 1986. <br />26 <br />_I <br />