Craig Kelley #1 Craig Kelley for Cambridge City Council in 2007I want to vote for Craig
Because Neighborhoods Count 

. . . to discuss the Police Department’s traffic enforcement plan for the city.

March 30, 2006

Committee Report #4

TRANSPORTATION, TRAFFIC AND      In City Council April 24, 2006
PARKING COMMITTEE MEMBERS
Councillor Craig A Kelley, Chair
Councillor Henrietta Davis
Vice Mayor Timonthy J Toomey

The Transportation, Traffic and Parking. Committee held a public meeting on Thursday, March 30, 2006 at five o’clock and thirty-four minutes p.m. in the Sullivan Chamber.

The purpose of the meeting was to discuss the Police Department’s traffic enforcement plan for the city.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee, Councillor Henrietta Davis, Vice Mayor Timothy J. Toomey, Police Commissioner Ronnie Watson, Police Superintendent David Degou, Police Superintendent Michael Giacoppo, Police Deputy Superintendent Robert Ames, Police Deputy Superintendent Lester Sullivan, Police Lieutenant John Albert, Police Lieutenant John Sheehan, Community Relations and Police Sergeant Kathleen Murphy, Community Relations, George Fosque, Emergency Communications Director, Sue Clippinger, Director, Traffic, Parking and Transportation, School Committee Member Richard Harding and Donna P. Lopez, Deputy City Clerk.  Also present were Kathy Podgers, 148 Pearl Street, Arthur Strang, 60 Fresh Pond Parkway, Greg Hill, Littauer Library, 1875 Cambridge Street, Tom Joyce, 50 Spring Street, William O’Neill, Fifth Street and Heather Hoffman, 213 Hurley Street.

Councillor Kelley opened the meeting and stated the purpose.  He stated that not all traffic enforcement problems would be solved at this meeting but there is a need to a start somewhere.  He hopes this meeting is the beginning.  He requested Commissioner Watson to explain the process of traffic enforcement by the Police Department and then he would go to public comment. 

Commissioner Watson stated that a traffic enforcement plan was prepared (Attachment A) and he discussed the department strategies.  Every member of the Police Department participates in traffic enforcement.  Superintendent Degou and the operations staff prepared the traffic enforcement plan. 

Councillor Davis asked Commissioner Watson to explain what are the 3E’s of enforcement.  Commissioner Watson stated that the 3E’s are:  enforcement, education and engineering.  Traffic needs to move through the city with a minimum of violations and impact to bicyclist, pedestrians and motorists.  The need to regulate cars and bikes is important to prevent injuries and accidents.  More warnings than violations are written by many police officers.  Officers were asked to do balanced enforcement.  Training, education and knowledge of citations are provided to the officers.  The officers make the determination whether to issue a ticket, written or verbal warning.  Cambridge has a good record on enforcement, with 45% of warnings and citations issued.  Issuing warnings does not have an effect on behavior.  This is the reason why police officers issue tickets.  Residents identify locations in the city that would require additional enforcement.  The “Four Points of Safety” program was developed after an accident occurred where a bus struck a woman.  Schools are targeted by the police because of violations occurring with motorists and school busses.  The Police Department plays a role in engineering throughout the city.

Councillor Davis asked what type of data is kept by the department.  Commissioner Watson stated that due to racial profiling legislation all data is kept on traffic enforcement.  For a four-month period, September – December 2005) 900 citations were written.  Cambridge is capturing data and can tell who is driving on Cambridge streets.  Lieutenant Albert spoke on accident and traffic stop data.  The statistical data is broken down categorically by police officer, location and time frame.  Violations can be identified.  Councillor Davis asked if photo enforcement would help prevent running red lights.  Commissioner Watson responded in the affirmative, but the Legislature has not passed video enforcement legislation.  The city of Lawrence has passed an ordinance on video enforcement.  The fines collected go to the Registry.  A stationary police officer is assigned to a location like Massachusetts Avenue and Prospect Street to prevent running red lights, but this could be done by video enforcement allowing the officer to do traffic enforcement in another area in the city.  Councillor Davis asked how could Lawrence do video enforcement.  Commissioner Watson informed the committee that the city manager and the city solicitor were given a copy of the ordinance from Lawrence.  His hope is to mirror Lawrence.  Vice Mayor Toomey commented that the City Council voted not to have video enforcement.  The City Council will try again to pass video enforcement. 

At five o’clock and fifty-five minutes p.m. Councillor Kelley opened the meeting to public comment.

Kathy Podgers expressed her concern for enforcement of moving violations.  Tickets are being written for bicyclists; bicyclists do not know the rules.  Many police officers, she stated, do not have violation ticket books on their person so that they can issue a ticket for bicycle violations.  The moving violation ticket book should include the bicycle violations.    Commissioner Watson stated that bike violators are people who live in Cambridge.  There is a large college population; information is provided to this population.  Our goal is the safe operation of vehicle and bicycles, not the issuance of citations or tickets.  Cambridge is one of the few cities that enforce bicycle laws.  Bikes are a problem.  Every officer is issued the citation books that they need to do their job.     Ms. Podgers also suggested that the signs used at intersections in Somerville be used in Cambridge.  The signs read, “Bike stop at stop sign.”     She asked what is the perception of the Police Department about persons with disability and providing safety for persons with disabilities.  They are not in legal places for them, but have no place else to go.  Commissioner Watson stated that streets have wheelchair access ramps but that many people in wheelchairs prefer to ride in the street.   They present a sick to drivers who cannot see them.  This is a challenge that is faced everyday by the Police.     

Greg Hill stated that he works at Harvard University.  Every September the students arrive in the city.  The students are not trained.  He suggested that better education be done for the students on bicycle laws.  He supported good bicycling habits on campus.  He also commented on the safety issue of having trucks drive through the neighborhood late at night.

At this time Councillor Davis submitted the following motion:

ORDERED:     That the City Manager be and hereby is requested to instruct the Police Commissioner to meet with the MIT and Harvard University police and the Bicycle Committee in an effort to cooperate and ensure that students are educated about the bicycle laws and that the bike laws are enforced on the campuses.  

          The motion –

            Carried.

Commissioner Watson informed the committee that both MIT and Harvard have a bike patrol that work with the Police Department so that bicyclists know what is expected on the streets of Cambridge.  The universities do spend time educating new students. 

Tom Joyce informed the committee of a situation that occurred on Mass. Avenue at Walden Street.  A vehicle made an illegal left turn and jumped the red light.  A police officer was at this intersection and did nothing about this violation.  This is disheartening he said.  Commissioner Watson stated that an infraction such as the one stated above should be reported to the Police Department.  Note the date, time, location and vehicle identification number and the Police Department will take corrective action.   Officers are well trained and if they do not do their duty there are supervisors who will take corrective measures.  The “Four Points for Safety” program is one response to this.  Mr. Joyce also spoke about pedestrian walk light where vehicles are turning into the path of pedestrians.  This situation is unsafe.                         

Councillor Kelley questioned the enforcement jurisdiction of the universities on the streets of Cambridge.  Commissioner Watson stated that the universities have no authority for enforcement on city streets.  They enforce the university property.  Transit police enforce around bus stops.  Councillor Kelley asked does Cambridge have jurisdiction on state roads for enforcement.  Councillor Watson responded yes, if necessary.  Lieutenant Albert stated that local police enforce the laws and when asked to enforce laws on state road the local police cooperate with state police on enforcement.  As a courtesy on Fresh Pond Parkway the state police would be notified if the local police have any issues. 

Councillor Kelley asked what is the procedure when a traffic ticket is appealed.  Lieutenant Albert stated that the right of appeal is explained when the citation is issued.  The appeal should be submitted to the regional or district court.  A hearing would be scheduled.  The hearing is held by the clerk magistrate and if awarded the appeal goes to a hearing before a judge. Councillor Kelley asked what is the percentage of officers that attend traffic court.  Commissioner Watson responded that police officers are required to attend traffic court.  Officers always appear at court when summoned.  He cited traffic court hearings and appearances for 2004 and 2005 (ATTACHMENT B).  Any convicted traffic violation causes a surcharge on insurance and this causes a spike in requests for appeals. 

Councillor Kelley commented that people do not feel safe crossing the street and riding their bikes because cars do not stop for pedestrians.  People are concerned that there is not enough aggressive enforcement.  How can the city make cars follow the law, he asked.  Commissioner Watson stated that violators are not Cambridge residents.         

When the police department has the data the issue can be better addressed.  Education about the law is done in Cambridge for residents.

Vice Mayor Toomey asked if there has been an increase in citations issued over the last three years.  Superintendent Degou stated that the citations issued were as follows:

  1. 25,646
  2. 23,288.

Accidents have decreased since 1998.  Commissioner Watson stated that truck enforcement has decreased accidents and improved truck safety.  This is an educational program also.    Vice Mayor Toomey asked if there is a decrease in the amount of truck enforcement being done.  Lieutenant Albert stated that in the four years of strict truck enforcement there are repeat offenders.  Vice Mayor Toomey asked if truck enforcement was done at night.  Lieutenant Albert responded in the negative.  Any officer can do restricted route enforcement.  For the police officers safety truck enforcement must be done in a well-lit area.

The Police Department is negotiating to increase the bike units to twelve-fourteen persons using officers on overtime.  Bike officers respond to calls for service, go to senior centers, parks, and do bike enforcement.

Councillor Davis suggested that two more points be added to the Points of Safety.  They are bikes riding on sidewalks and parking of vehicles in bike lanes.   Sergeant Murphy stated that she wanted to develop a card for bike lanes.  Enforcement of bike lanes in Harvard and Central Square is being done.  Vice Mayor Toomey mentioned the intersection of Huron and Concord Avenue bike lane.  To make a right turn who has right of way.  Sergeant Murphy stated that if a bike is in the bike lane the first car has to stop.  The dashed line lane signifies share the road.  She gave the following information on bike violations for 2005:

            Sidewalks                                 71

            Red light                              800   

            Other                                       255.

Red light running and stop signs are the biggest area of concern.  The MBTA complains about bikes.  Councillor Kelley stated that bicyclist need to be taught their responsibility of not riding bikes on sidewalks based on the 71 violations.  Ms. Podgers disputed the 71 violations and suggested using a camera to capture offenders.  In Central Square bikes travel on the handicapped ramps.  These violators are not students, she said.  She wanted real statistics of how many bikes are riding on the sidewalk and increased enforcement.

Ms. Podgers stated that when she points out bike riding on sidewalks to police officers they are not responsive.  Lieutenant Sheehan stated that when a bicyclist is traveling on the sidewalk the police officer would inform the cyclist not to ride on the sidewalk.  This is done as a courtesy and is usually all that is required to prevent the violation.  There are no statistics on the number of bicyclist who are given verbal warnings.  Commissioner Watson stated that the issue is compliance.  You cannot enforce courtesy; it is not a numbers game.  He wants people to understand that sidewalks are a restricted area in the city.  Officers are given discretion whether to issue a verbal warning or a ticket.  Ms. Podgers stated that this is a civil rights issue.  Persons with disabilities should be able to use the ramp without being accosted. 

Vice Mayor Toomey asked why do people not stop for a yellow/red light.  Commissioner Watson stated that this could be caused from attitude, bad habit, speed, alcohol or a whole list of issues.  The traffic study will look at who is on Cambridge streets.  When Cambridge is the only city doing enforcement it is tough. 

Councillor Davis asked the Director of Traffic, Parking and Transportation if there was a technical standard for the timing of yellow lights.  Ms. Clippinger stated that no change has been made to yellow lights.  There is a standard, based on the size of the intersection. 

Councillor Kelley asked what is the average length of stop made by the police officer.  Commissioner Watson stated that the average stop is between 3-8 minutes.  Professionalism is measured by survey.  Surveys are sent out for warnings and fines.  Seventy-five percent of the surveys are returned. 

Heather Hoffman discussed school crossing guards.  She asked how many crossing guards there are, where are they located, how long do they stay at their assignment, how are they assigned and could crossing guards be used for enforcement.  Commissioner Watson stated that he would like a part time cadet program to fill in these duties.  Lieutenant Albert stated that there are 54 crossing assignments; three of which have retired.  Currently three police officers are filling these retired positions.  The crossing guard staff is reviewed with the School Department and the Department of Traffic, Parking and Transportation.  He discussed new locations that needed a crossing guard.  The intersection of Putnam Avenue and Magazine Street, Binney Street and a Charter School are new areas that require a crossing guard.  Commissioner Watson stated that the Department of Traffic, Parking and Transportation had a plan for evaluation and review of the crossing guards.  Ms. Clippinger stated the crossing guard evaluation received an award from a transportation group for its professionalism.  Ms. Hoffman stated that the intersection of Fifth and Spring Street by the East End House has 25 children waiting for the school bus between 3:15 – 3:30 PM without a crossing guard and earlier busses with fewer children have a crossing guard.  Lieutenant Albert stated that the crossing guard’s hours were extended at this location. 

Councillor Kelley stated that the city is not getting there fast enough to keep the streets safe.  He expressed his concern for the safety of his children crossing the streets in the city.  Where do we go from here, he asked.  Commissioner Watson suggested that the pedestrian and bicycle committee be invited to a meeting with this committee.  He will continue enforcement.  The Police Department has a lot to do; it is a balancing act.  Mr. Joyce stated that late night truck traffic on Third and Spring Street bumped over curb bumpouts.  This also happens on Gore and Binney Streets.  What is going on with enforcement, he asked.  Lieutenant Albert responded that it is no secret that the truck enforcement team is not out between midnight and 6:00 a.m.  He is send his other shift offers to get at this issue.  There is legitimate business on that roadway that allows truck traffic.  Councillor Davis stated that homicides must be first priority for the Police Department.  Commissioner Watson stated that there have been two tragic deaths in the city.  This is the first incident of violence on the streets of Cambridge since 2003.  People have access to weapons.  He spoke of the impact of incarcerated individuals coming back to the city.   

At the conclusion of the meeting Councillor Kelley submitted the following e-mails and documents:

E-mail from Richard Colbath-Hess               ATTACHMENT C

E-mail from Sarah Block                           ATTACHMENT D

E-mails from Shannon Larkin                          ATTACHMENT  E

E-mail from Joe Avin                                       ATTACHMENT  F

Spot Enforcement

Schedule for Spring                                          ATTACHMENT G

Information on TROMP program                       ATTACHMENT H

Councillor Kelley thanked those present for their attendance.

The meeting adjourned at seven o’clock and twenty minutes p. m.

For the Committee,

Councillor Craig Kelley, Chair