D.C. Pedestrian Advisory Council Meeting Minutes September 28, 2015, 6:30 p.m. 441 4th Street NW, Room 1117
Attendees: Sonia Conly, Edward Johnson, Will Stephens, George Tobias, Gerard Wall, Heather Edelman (PAC staff), Andrea Adleman (Bicycle Advisory Council), Cesar Barreto (District Department of Transportation (DDOT)), Anne Carey, Eileen McCarthy, Edward O’Connell (United States Attorneys Office), Mary Connaught O’Connor (Office of the Attorney General). Start: George Tobias convened the meeting unofficially at 6:35 p.m. A quorum was not present. 1. Introductions: Attendees introduced themselves. 2. Public comments: There were none. 3. Invited speakers: Assistant U.S. Attorney & D.C. Office of the Attorney General: Assistant U.S. Attorney Edward O’Connell explained that he prosecutes vehicular homicide cases in the District. Each year there are about 30 fatalities in the District that are investigated by the Metropolitan Police Department (MPD) Major Crash Unit and reviewed by O’Connell to see if they are appropriate for prosecution. About 50 percent of those are appropriate for prosecution, he said. Charges range from second degree murder to voluntary manslaughter, involuntary manslaughter and vehicular homicide. O’Connell explained that a second degree murder charge might result if a driver showed "conscious disregard of known risk of death or serious injury," he said. If a driver was fleeing police, drove at excessive speed, went through a signal and killed a pedestrian, that would likely result in a second degree murder charge. Some mitigation would be present for a voluntary manslaughter charge. An involuntary manslaughter charge would likely result if a driver killed another person and there had been gross deviation from a reasonable standard of care. Negligent homicide, which is a 5-‐year felony, occurs if someone killed another person because they failed to exercise due care. Negligent homicide is the only charge that is vehicle-‐specific. The standard for it is civil negligence. O’Connell explained that people typically plead guilty if he charges them because the evidence generally is so strong because of surveillance cameras. O’Connell said that the large number of surveillance cameras and DDOT red light cameras all over the District help. There are so many private cameras that capture city street views, he said, so he frequently has video of a fatal collision. As with all felonies, to bring an indictment he has to bring evidence to a grand jury. O’Connell said that about half of traffic fatalities are criminal and more than half of those involve intoxication. He has handled two cases this year that involved PCP use. O’Connell said he is not a fan of crosswalks that do not have a stop light or stop sign because drivers do not stop at them. From his perspective, operating red light
enforcement cameras and engineering roads for slower traffic help. O’Connell commented that Suitland Parkway and Military Road are roadways that drivers use like freeways. O’Connell also said that the District’s confusing diagonal intersections are the locations of many of his cases. Drivers get confused about which signal to watch. O’Connell mentioned Memorial Day weekend when Rolling Thunder comes through town as a time when traffic fatalities often occur because so many people come to the city who do not know how to drive around here. Eileen McCarthy asked whether his office also handles cases in which a pedestrian is seriously injured and does not die. O’Connell said that in those cases drivers can be charged with aggravated assault, which is a felony. O’Connell reported that he has a sentencing on Wednesday related to the fatality on Southern Avenue in May near United Medical Center in which the motorist was driving too fast. Cesar Barreto of DDOT said a crosswalk was very recently installed at that location on Southern Avenue. A Hawk signal or APS device (pedestrian signal device) is planned. Edward Johnson said public service announcements that are repeated are essential for getting people to pay attention. Mary Connaught O’Connor, a prosecutor from the Office of the Attorney General, introduced herself and explained that she handles cases involving repeat DUI offenders. PCP and synthetic drugs are often a factor, she said. O’Connor said traffic cameras are helpful in her investigations, however, the police officers she works with do not have the same time available for their investigations as the officers in the Major Crash Unit. Camera footage is gone after 10 days, so she does not always get the camera footage she needs. In addition, she could have access to video feed from police stations, but the person assigned to pulling that footage is no longer employed with MPD, so O’Connor’s office is having trouble getting the footage at this point. Johnson suggested that a portion of tax revenue from big development projects go to police. McCarthy reported that the Bicycle and Pedestrian Working Group recommended an increase for the Vision Zero Safety Enhancement Fund. (Will Stephens arrived at about 7:40 p.m.) 4. DDOT's ADA Transition Plan: Barreto reported on the ADA Transition Plan, a plan for making the District’s public rights-‐of-‐way accessible to individuals with disabilities. Barreto explained that DDOT released the plan on September 18 and is in the 45-‐day stage of getting public input. The plan will be updated every year and requires Federal Highway Administration approval. The District has 660,000 residents, and 68,000 of them have disabilities, with the highest concentration in Wards 7 and 8, he said. Half a million commuters enter the District daily, and 18 million visitors come here annually. The transition plan deals with sidewalks, curb ramps, crosswalks, and any amenities in public space. The plan will be available on a website. DDOT will be sharing it with ANC commissioners. The plan requires going ward by ward with the DDOT infrastructure team, going asset by asset, and using an evaluation tool to see if standards are being met. District standards exceed federal standards, Barreto said. Accessibility is a civil right, he said, and DDOT is working to
educate staff and people in the city about the issue. Barreto said he would like to receive feedback from the PAC. Sonia Conly asked how we promote development for all people. Barreto said any project that involves the public realm goes through the DDOT team that reviews plans and checks for ADA compliance. Conly is concerned that once an issue comes to Barreto’s office it is too late. The Office of Planning should be concerned with how things are put together on a bigger scale, she said. Gerard Wall commented that ANCs should have knowledgeable people review plans when developers are seeking ANC support. Wall said the ADA Transition Plan is an opportunity to promote Vision Zero, and he recommended that Barreto use this opportunity when speaking with ANCs to make the process an education campaign about access everywhere, not just on the street. It is not enough to get me inside the building, but to not make me come in the back door, Wall said. It is about being able to fully be involved in the life of the city. ANCs need to be mindful. (Guests from the United States Attorneys Office, Office of the Attorney General, and DDOT departed at 7:45 p.m.) 5. DDOT update: George Branyan was not present but Heather Edelman shared a brief report he submitted by email: DDOT installed a crosswalk on Southern Avenue near the driveway to United Medical Center. The mid-‐block uncontrolled marked crosswalk has a couple of enhancements, such as advance stop lines, in street pylons, and advance signs. There are also speed feedback trailers. A HAWK signal should be constructed by the end of December. 6. MPD update: Terry Thorne was not present but McCarthy reported information he wanted to share: four people were hit by a car at 1st and H Streets NW. A family was hit, and the grandmother died later. McCarthy also reported that Capt. Sledge did an enforcement at 43rd Street and Military Road NW. Thorne plans to do one sting per week in October, one of which may be on Southern Avenue. 7. Discuss Bicycle and Pedestrian Safety Act of 2015 and Vision Zero Act of 2015: McCarthy reported that the working group formed by Councilmember Mary Cheh drafted a report, although the final report has not been released. McCarthy said the report includes many good suggestions, but one regret she has is that there was not agreement on speed. The suggestion to lower speeds on local streets to 20 miles per hour may get thrown out. Meanwhile, two bills were introduced. McCarthy and Edelman drafted comments on the Cheh bill. Conly and Will Stephens volunteered to be part of a work group on the Vision Zero bill. A date for a hearing or roundtable on the bills has not been set. 8. Rules Regarding Winter Sidewalk Safety: McCarthy reported that the Department of Public Works sent out proposed new rules for shoveling sidewalks, and she submitted her own personal comments on the rules. The comment period is now closed. Conly and Johnson both expressed concerned that a business that is 16 feet wide and one that is a full block get the same fine, which is unfair to small businesses. McCarthy commented that there was quite a bit of animosity from
several members of the City Council toward this bill and this is what got through. DPW is working with plow operators to train them not to dump snow on the curb cut. 9. Report on PAC’s August field trip: Tobias reported on an MPD enforcement on 14th street near Trader Joe’s. Many drivers, including cab drivers and a bicycle, were cited for failing to yield to pedestrians. Stephens commented that nearly every time Thorne crossed the street a driver violated the law. He said the enforcement confirmed anecdotal evidence he had received that for-‐hire drivers often violate right-‐of-‐way rules. 10. Response to PAC’s letter to Chief Lanier: Edelman reported that MPD Chief Lanier sent a brief response acknowledging the PAC’s letter to her supporting enforcement actions. 11. Approval of July minutes; next meeting date (Oct. 26) and topics: Tobias moved to approve the July minutes. Conly seconded the motion. The minutes were approved. The next PAC meeting will be Oct. 26 and topics covered will likely include the two bills related to road safety. The group could also discuss the ADA plan. The group also discussed checking in with PAC members who have had low attendance rates. End: The meeting ended at 8:15 p.m.