Laserfiche WebLink
L <br />SEP*J7 1991 BOOK S4 f * C a35C <br />Commissioner Scurlock was assured by staff that this was a <br />standard agreement. <br />ON MOTION by Commissioner Scurlock, SECONDED by <br />Commissioner Wheeler, the Board unanimously approved <br />the Developer's Agreement with Pelican Shoppes and <br />Corporate Life Insurance Company, and authorized that <br />construction proceed, as recommended by staff. <br />AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br />COUNTY ATTORNEY'S REPORT ON LIFTING THE BAN ON TRAIN WHISTLES <br />AT NIGHT <br />Attorney Vitunac advised the Board that they would be waging <br />a losing battle .to cantinue.fighting the emergency federal rule <br />lifting the train -whistle ban. He reported that an overwhelming <br />amount of evidence was presented by the U.S. Department of <br />Transportation at a hearing in Miami last Friday with a slide <br />show and statist-ical analysis based on 18 months of research. <br />All the evidence.given by the Federal Railway Administration <br />(FRA) pointed toward lifting the whistle ban along the Florida <br />East Coast Railway from Jacksonville to Miami. It showed that <br />train horns prevented deaths caused by people going around the <br />arms of the crossing gates. Some people decide they are not <br />going to wait and the horn is a sufficient warning to stop .them <br />from crossing. The preponderance of evidence proved that the <br />ban on train whistles has killed people, which is why the FRA <br />felt it was too important to even wait for the normal rule-making <br />process. Attorney Vitunac felt they convinced everyone in the <br />audience, except for perhaps Martin County and some people living <br />in condominiums near the tracks in North Miami. The FRA have <br />left open a comment period until October 15 if anyone wants to <br />submit factual arguments in writing. They will respond by <br />November 15, and if anyone still wants to go ahead with court <br />action, that would be in December. He believed that few, if any, <br />of the contestants want to go as far as court because of the <br />overwhelming evidence. He recommended that the County drop out <br />unless the Engineering Dept. has some real facts that would make <br />an argument. In addition to the emergency rule, the Legislature <br />is looking at reviewing and possibly abolishing the State law <br />that allowed the whistle bans in the first place. <br />Attorney Vitunac commented that he went to Miami with the <br />full intention of fighting the whistle ban, but came back <br />29 <br />