9/3/1991 - Laserfiche WebLink

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DISCUSSION - TRAIN WHISTLES Attorney Vitunac reviewed the following memo: TO: BOARD OF COUNTY COMMISSIONERS FROM: Charles P. Vitunac, County Attorney DATE: August 28, 1991 RE: TRAIN WHISTLES Attached to this memorandum is a capitulation of the efforts by the Florida Association of Counties, Florida League of Cities, and Palm Beach County regarding contesting the federal ruling that trains must blow their whistles at night in Indian River County. In short, there is At present no concerted effort to contest the federal ruling from those three agencies. However, our office has just received a Notice of a Petition from the Federal Department of Transportation which indicates that the City of Hollywood, Florida, did file a Petition to Review the Federal Emergency Order, and that all interested parties are allowed to 4 intervene in the Petition hearing if they file a Petition by August .30, ':;'1991... , s Since our office received this notice on August 28, and there would be no time to bring the matter before the Board for formal authority to intervene, I have filed a Notice of Petition to Intervene by the deadline with the Washington, D.C. office of the DOT. This will vest the County's right to intervene if the Board of County Commissioners so " .: ':desires. If the Board decides against intervening, it will be a .simple . matter to .drop, out of the hearing. , Pursuant to the notice from the federal government, there will be a hearing on September 13, 1991, somewhere in Florida at a federal facility, and if the Board is interested in intervening our County could participate at that time. REQUEST: Request direction from the Board of County Commissioners on whether to withdraw from the rule contest or participate in the rule challenge., Attorney Vitunac informed the Board that since writing the above, he has learned that Lake Worth is joining in also. Commissioners Eggert and Scurlock both indicated that they felt that the League of Cities had not dropped out. Attorney Vitunac advised that Asst. County Attorney O'Brien called up there a week ago, and they said the formal resolution was not adopted because there was a split of opinion, but things are happening very fast. Commissioner Eggert inquired about the cost involved for us to pursue contesting the federal ruling. Attorney Vitunac replied that we need to get facts together on accidents etc., and outside of that, there is just travel costs. Since the line runs from Jacksonville to Miami, the meeting probably will be held somewhere on the east coast. �� 29 BOOK PA.GE.j