AGENDA ITEM #5
October 25,2011
Action
MEMORANDUM
October 21,2011
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attorney~
Action: Bill 27-11, Pedestrian and Traffic Safety Advisory Committee
Repeal
Sunset
i
Transportation, Infrastructure, Energy
&
Environment Committee/Public Safety
Committee recommendation (4-0): enact Bill 27-11 with an amendment to add a disability
representative to the Committee.
Bill 27-11, Pedestrian and Traffic Safety Advisory Committee - Sunset Repeal, sponsored by
Council President Ervin, Council Vice President Berliner, and Councilmembers Andrews and
Navarro, was introduced on September 13, 2011. A public hearing was held on October 4 at
which 3 speakers, including a representative for the Executive, testified in support of Bill 27-11
(see written testimony and correspondence on ©6). A joint Transportation, Infrastructure,
Energy and Environment Committee and Public Safety Committee worksession was held on
October 17.
Bill 27-11 would repeal the sunset of the Pedestrian and Traffic Safety Advisory Committee,
which will sunset on August 31, 2012 unless extended, and make the Committee permanent.
The bill would also rename the Committee as the Pedestrian, Bicycle, and Traffic Safety
Advisory Committee.
.
Committee membership
At the suggestion of Council President Ervin, the Committee
recommended altering the membership of the Committee by requiring the Executive to appoint 1
member to the Committee that represents the disability community (©2, lines 21-26). Under the
Committee recommendation, the number of members would remain 17. At the worksession, the
Department of Transportation noted that 1 member on the Committee currently represents the
disability community.
Relationship to Bills
29-11
and
32-11 The Pedestrian and Traffic Safety Advisory Committee is
identified as one of the advisory committees that would sunset under Bill 29-11, Boards,
Committees, and Commissions
Sunset, Consolidation and would be required to request
continuation under Bill 32-11, Boards, Committees, and Commissions Committee Evaluation
and Review Board - Report.
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This packet contains:
Bill 27-11
Legislative Request Report
Fiscal Impact Statement
Written correspondence
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Bill No.
27-11
Concerning: Pedestrian
and
Traffic
Safety Advisory Committee - Sunset
Repeal
Revised:
9/1212011
Draft No. 2
Introduced:
September 13. 2011
Expires:
March 13.2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _ _ _ _ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Ervin, Council Vice President Berliner,
and Councilmembers Andrews and Navarro
AN
ACT to:
(1)
(2)
(3)
repeal the sunset of the Pedestrian and Traffic Safety Advisory Committee;
rename the Committee; [[andll
add a member to the Committee!hat represents the
di~ability
community; and
generally amend the County street and road law.
W
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-81
2007 Laws of Montgomery County, Chapter 8
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 27-11
1
Sec. 1. Section 49-81 is amended as follows:
49-81. Pedestrian.1 Bicycle, and Traffic Safety Advisory Committee.
(a)
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3
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5
6
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8
Definition.
In this Section "Committee" means the Pedestrian:! Bicycle,
and Traffic Safety Advisory Committee.
(b)
Established.
The County Executive must appoint, subject to
confirmation by the County Council, a Pedestrian:! Bicycle, and Traffic
Safety Advisory Committee.
(c)
Composition and terms a/members.
(1 )
The Committee has 17 members.
(2)
The Executive must appoint a representative from each of the
following departments as members:
(A) the Police Department;
(B) the Department of Transportation; and
(C) one of the Regional Services Centers.
(3)
The Executive must invite a representative from each of the
following agencies to serve as members:
(A) the County Council;
(B) the County Planning Board;
(C) the Montgomery County Public Schools; and
(D) the State Highway Administration.
(4)
The Executive must
appoint~
(A) one member representing a municipality from a list
provided by the County chapter of the Maryland Municipal
League[[. The Executive must
appoint]]~
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17
18
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22
23
24
25
1.W
(5)
one member representing advocates of bicycling; and
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27
(1)
one member representing people with disabilities.
The Executive must appoint the remaining individuals from
different geographic areas of the County.
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BILL
No.
27-11
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30
31
32
33
(6)
The tenn of each member is 3 years. After an appointment to fill
a vacancy before a tenn expires, the successor serves the rest of
the unexpired tenn.
*
follows:
*
*
Sec. 2. Chapter 8 of the 2007 Laws of Montgomery County is amended as
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Continuity and sunset of Pedestrian and Traffic Safety Advisory
Committee.
Section 49-81 establishes a Pedestrian and Traffic Safety Advisory
Committee. This Committee continues the Pedestrian Safety Advisory Committee,
created under Council Resolution 14-1281 and extended under Council Resolution
16-192. The County Executive must allow the members of the Pedestrian Safety
Advisory Committee to continue to serve the remainder of their tenns as members of
the Pedestrian and Traffic Safety Advisory Committee. The Executive must continue
to stagger the tenns of the members of the Pedestrian and Traffic Safety Advisory
Committee so that approximately one-third of the tenns of these members continue
to expire each year. [Section 49-81 expires on August 31, 2012.]
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LEGISLATIVE REQUEST REPORT
Bill 27-11
Pedestrian and Traffic Safety Advisory Committee
-
Sunset Repeal
DESCRIPTION:
Bill 27-11 would repeal the sunset for the Pedestrian and Traffic
Safety Advisory Committee and rename the Committee the
Pedestrian, Bicycle, and Traffic Safety Advisory Committee.
The Committee will sunset on August 31, 2012 unless extended.
To make the Committee permanent.
Chief Administrative Officer.
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Millill, Legislative Attorney, 240-777-7815
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
N/A
NI
A
F:\LAw\BILLS\ 1127 Pedestrian Safety Committee\Legislative Request Report.Doc
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OFFICE OF MANAGEMENT AND BUDGET
lsiah Leggett
County Executive
Jennifer
A.
Hughes
Director
MEMORANDUM
October 3,2011
TO:
FROM:
SUBJECT:
Valerie Ervi!Sident, County Council
Jennifer A.
,irector
Council
BilI 2 -11,
Pedestrian and Traffic Safety Advisory
Committee Sunset Repeal
The purpose of this memorandum is to transmit a fiscal and economic impact statement to
the Council on the subject legislation.
LEGISLATION SUMMARY
Bill 27-11 would repeal the SWlset for the Pedestrian and Traffic Safety Advisory Committee
and rename the Committee the Pedestrian, Bicycle, and Traffic Safety Advisory Committee.
FISCAL AND ECONOMIC SUMMARY
The legislation would not have an additional fiscal impact on County government.
Approximately 400 staffhours, including department directors and other senior management, at an average
cost of
$70
per
hour is spent supporting this committee on an annual basis. If the committee were eliminated,
the staff would not be reduced from the budget but their time would instead be reallocated to support other
programs and groups.
This legislation does not have
an
economic impact on Montgomery County.
The following contributed to and concurred with this analysis: Adam Damin, Office of
Management and Budget; William Selby, Department ofTransportation; and Michael Coveyou, Department
of Finance.
JAH:ad
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Arthur Holmes, Jr., Director, Department ofTransportation
Joseph F. Beach, Director, Department of Finance
Amy Wilson, Office of Management and Budget
Office of the Director
101 Monroe Street, 14th Floor' Rockville, rvIaryland 20850 • 240-777-2800
www.moutgomerycountymd.gov
montgomerycountymd.gov/311
240-773·3556 TTY
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AI Roshdieh testimony
Public Bearing
Bill 27-11
Repealing the sunset provision of the Pedestrian and Traffic Safety Advisory Committee
Good afternoon. My name is Al Roshdieh and I am the Deputy Director for the Department of Transportation. I
am here today to testify on behalfof County Executive Isinh Leggett in support ofBill #27-11, which will
repeal the sunset provision of the Pedestrian and Traffic Safety Advisory Committee.
This committee was
first
established in 2002 and
has
become a vital part of implementing County Executive
Leggett's Pedestrian Safety Initiative. The task of this committee is to advise the County Executive, and
County Council, and the Department of Transportation on implementation of the County's Pedestrian Safety
Initiative, on the priorities, and to recommend any changes in the program they believe will improve pedestrian
safety. The committee meets every other month and provides their input on actions being taken on the three E's
- Engineering, Education, and Enforcement.
Although the County Executive does not object to adding "Bicycle" to the name of the committee, I want
to
point out that there is one member of the committee who fills a position designated as a bicycling advocate, as
well as several other current members who are cyclists. The committee has established a Bicycle Access and
Safety subcommittee and spends time at each of its meetings addressing the issues that specifically relate to
bicycling in the county. I would also note, the Department of Transportation supports an internal advisory
committee called the Montgomery County Bicycle Action Group (MCBAG) which meets monthly. This group
of bicycle advocates deals solely with bicycle issues and facilities.
It
is staffed by our Division of
Transportation Engineering, the division responsible for constructing bike paths, trails, and lanes throughout the
county. The County Executive would like MCBAG to continue advising the Department of Transportation.
We believe we are making significant strides in improving pedestrian safety. The August 26 CountyStat review
determined there
has
been a 15 percent decline in pedestrian collisions in the
first
half of2011. There has also
been a decline in severe pedestrian injuries in 2011, to an historic low of less than 24 percent. Prior to 2007,
severe injuries - - where pedestrians were either killed or incapacitated - .,. exceeded 30 percent of all pedestrian
collisions.
We have targeted our efforts on those areas ofthe county where there have been a high number of pedestrian
collisions, applying engineering improvements, education activities, and stepped up enforcement. The recent
results suggest we are making a difference as pedestrian collisions have dropped in each area of our program ­
High
Incidence Areas, Traffic Calming, and Safe Routes to Schools. The Pedestrian and Traffic Safety
Advisory Committee
has
been an important part of this effort. We need to keep this momentum going.
Repealing the sunset provision ofthe Pedestrian and Traffic Safety Advisory Committee will enable it
to
continue contributing to improving safety in Montgomery County.
Thank
you for the opportunity to present our views on this proposed legislation. We look forward to a
continuation ofthis valuable committee in advising the County government on its approaches
to
improving the
safety of
all
who chose to walk or bike in the county.
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PEDESTRIAN TRAFFIC
&
SAFETY ADVISORY COMMITTEE
Erwin Mack
Chair
Delegate Bill Bronrott
Vice Chair
RaminAssa
Justin Clarke
James D'Andrea
OorisDepaz
Valerie Ervin­
Councifmember
Steve Friedman
Kenneth Hartman
Arthur
Holmes.
Jr.
U.
James Humphries
Alan
Migdall
Colleen Mitchell
Peter Moe
Alyce Ortular
Richard Romer
Jack Strausman
Oct 4,2011
TO: Honorable Montgomery Council President Valerie Ervin
Honorable Montgomery Council Members
You will be considering giving the Montgomery County Pedestrian Traffic and Safety
Advisory Committee (PTSAC) a "permanent" life, as opposed to it being allowed to "die"
at the end of this term.
I've had the genuine privilege of being a member of the PTSAC for several years and then
was asked to become the Chair of the PTSAC, followed by an exception, permitting me to
continue to be the Chair for another term.
I
only mention my service to share with you that the current members of the PTSAC have
joined me in making this deliberative body the fmest group of dedicated Montgomery
County residents you could hope to challenge with any assignment given to it.
The PTSAC, being a body designed to only give advice to the Montgomery County
Executive and the Montgomery County Council, has significant value because it gives
independent study and thinking which is not affected by any political bent or by any
allegiance to any office. While that may at times may bring advice contrary to the wishes
of either County offices, because it ofnecessity does not consider favoring any office, both
offices will get the significant benefit of careful independent study at all times.
A close professional and much valued relationship with the Montgomery County
Department of Transportation has provided a terrific source of information, making studies
considerably easier to conduct when needed.
Therefore, with no personal political or financial benefit to gain by the members, it is in
the best interest of all who live, work or travel
in
Montgomery County to give permanence
to the Pedestrian, Traffic and Safety Advisory Committee and you are urged to do so.
Thank you.
STAFF
Jeff
Dunckel
Roselle Paquette
Erwin
H.
Mack
Chair
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?S
Marin, Sandra
From:
Sent:
To:
Subject:
Ervin's Office, Councilmember
Tuesday, September
20, 2011 9:27
AM
Montgomery County Council
FW: Pedestrian and Traffic Safety Advisory Committee
-----Original Message----­
From: Steven Friedman [mailto:shf918@me.com]
Sent: Tuesday, September 20,2011 7:04 AM
To: Ervin's Office, Council member
Cc: Romer; Richard; Erwin Mack; Dunckel, Jeff
Subject: Pedestrian and Traffic Safety Advisory Committee
Council President Ervin,
064752
I'd like to share my thanks for your ongoing support of improving conditions for all road users including pedestrians and
bicyclists. Your participation in and support of the PTSAC is critical as the committee comes up on its current sunset
provision while the council begins to consider eliminating that provision while also considering adding bicyclists to the
name of the committee formally. Quite simply, the sunset provision should be removed, there is no strong reason why
this committee requires renewal through this formal mechanism. The needs of the residents, particularly the need to
continuously evaluate and enhance the infrastructure, laws, educational campaign, enforcement strategies and
interactions (via crash data and other data collection efforts) does not end with the sunset provision of the PTSAC.
Removing this allows the PTSAC to continue to work on behalf of county residents without the administrative disruption
this provision provides.
Regarding the name change, I initially thought it would lend credence to critics who view cyclists as a 'special interest'
group. As the bicycling advocate to the PTSAC, I have seen a bit of a sea change in how MCDOT views and addresses the
needs of the cycling community. While there has been some progress, there is much more to be done. Bicyclists exist
in the proverbial rock and hard place because of the various ways that bicycles can be used. The mixed use capacity for
bicycles does add a realm of confusion to all road users as to what constitutes 'good behavior' even when the bicyclist
themselves are doing everything according to the law. Frequently, many aren't aware of what those laws are,
misunderstand or misapply them or simply ignore them. The use of bicycling for all potential uses is increasing and
recent efforts to bring bike-sharing into the county illustrate that it will continue to grow. That is a good thing for the
infrastructure that is already strained and a budget that is shrinking as more people take to bicycles for commuting and
errand running as well as exercise. We also need to provide the infrastructure that enables our young residents to take
up bicycling. Walking and riding to school are at all time lows while childhood obesity is at an all time high. Bicycling to
school is one way to stem that. Bicyclists also must adjust to being a road user in a way that minimizes conflict with
other users. As such, it becomes even more important that bicyclists continue to have a formal role in this committee
and the proposed name change will illustrate that commitment. It affords an opportunity to reinforce within the
bicycling community that there is a formal mechanism (in addition to the work done by MoBike) for addressing
bicyclists needs as road (and sidewalk) users and provides the mechanism to keep track with how bicycles are being
used and at what frequency so the rate of infrastructure development as well as the education and enforcement can
keep pace with usage as well as be a leading motivator to increase usage once bicyclists believe they can traverse
county roads safely by bicycle.
Once again, thank you for your efforts and commitment to ensuring to these efforts,
Respectfully submitted,
Steve Friedman
Public Member (Bike Advocate) PTSAC
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