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L <br />�a <br />AUG 13 1-991 BOOK 8 4 E <br />TRAIN WHISTLES <br />County Attorney Charles Vitunac made the following <br />presentation: <br />TO: BOARD OF COUNTY COMMISSIONERS <br />FROM: Charles, P. Vitunac, County Attorney <br />DATE: July 29, 1991 <br />RE: .TRAIN WHISTLES <br />The U.S. Department of Transportation, Federal Railroad Adminis- <br />tration, has issued an emergency rule requiring the Florida East Coast <br />Railroad to sound its whistles' at crossings along the east coast of <br />Florida regardless of any city or county ordinances to the contrary. <br />The rule specifically claims preemption over local regulation of <br />regulation of railroad whistles, pursuant to the authority of the Federal <br />Railroad Safety Act of 1970. <br />Since the rule was issued in an emergency fashion, the rule will • be <br />subject to • further review in a noticed hearing pursuant to the federal <br />administrative • procedures act. It is possible for the County to <br />Intervene and participate in any such rule hearing if the Board of <br />County Commissioners so desires. If the County does not actively <br />participate, we would have to wait for a permanent rule to be enacted <br />and should then repeal or amend our existing ordinance depending on <br />what the permanent rule may say. <br />Staff . requests direction . from the Board whether to intervene in any <br />rule hearing or not. If intervention is recommended, staff, would.. <br />suggest that the County enlist the aid of the Florida Association. of <br />Counties and the Florida League of Cities. <br />Commissioner Scurlock asked whether the Florida League of <br />Cities or the state association has taken a position on this issue. <br />County Attorney Vitunac did not think so and added that the <br />problem involved only the east coast counties because this rule <br />covers only the Florida East Coast Railroad. <br />Commissioner Scurlock felt we would not want to waste <br />resources opposing the rule if those groups were in favor of the <br />rule. <br />Commissioner Eggert led a discussion regarding statistics of <br />accidents. She asked if anyone knew of a fatality which did not <br />involve suicide or someone who ran the gates and flashing lights. <br />Administrator Chandler recalled no injury or death as a result <br />of the lack of gates or lights. <br />Commissioner Eggert also asked whether we have a crossing that <br />does not have gates. <br />Public Works Director Jim Davis responded that we do not have <br />crossings that do not have gates. <br />20 <br />