07-27-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JULY 27, 2009 th Gary Gilot, Public Works Director, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that what he provided in a way of an estimate was 20 locations, estimated a number of signs in order to adequately warn the public that there is this new ordinance. He stated that there are in fact more schools than that when you add all the public and private school. He stated that if it is the Council’s intent to cover everything saturation wise his estimate might be higher, but he was thinking twenty locations where there would be crossing guards to enforce it times 4 signs per location times $142 each one installed cost. He stated that he has not done the full school zone delineation process that might be found under the manual of uniform traffic control devices which is the State Law governing any stop signs or any other traffic control devices including street markings on the pavement. He stated that there is a whole chapter in that book that is dedicated to school zones that needs to be gone through for each location if the Council intends to apply this to every school. He stated that it was his assumption that they were going to pick 20 locations where there were crossing guards to enforce it and so the estimate was for twenty school zones. Councilmember Puzzello stated that where there are crossing guards there are two schools not far from her home that are being left with no crossing guards. She stated that it particularly important that the signs be up and the enforcement be as great as it can. Those two schools are Perley and Jefferson. Mr. Gilot stated that is why he came up to clarify the situation for the Council. Councilmember Davis noted that the twenty schools zoned do not include the private schools, so therefore the cost would be more to include those private schools. Council Attorney Kathleen Cekanski-Farrand wanted to clarify her discussions with Mr. Gilot that she gave him the parameters of how some of the bigger cities than South Bend identified it once they had the ordinance passed. She stated that one of those was tested legally in the courts and the language that we have is that if you already have blinking lights in a school zone that was not a high priority unless it was a very high traffic pedestrian count. So it was phased in over time as more penalties were issued the Council could prioritize those that had a crossing guard and the number of actual pedestrians that are there and how they are marked. She stated that was part of the discussion she had with Mr. Gilot that it would be phased in. She stated that in Dallas, Texas, they phased it in so that as more revenue came in the less frequented school crossing guards would have signage there. They have had them for about three years and have been so successful in about 21 communities in the State of Texas, that the State of st Texas as of September 1 2009 it is State wide, that all school zones in the State of Texas there will be no texting or cell phone usage while driving. Mr. Gilot stated that the legislative intent for the staff to know what the Council has in mind for initial start up the number that was given was twenty locations, if the Council’s legislative intent is to do more than his numbers need to be modified or instruct him for new numbers. Councilmember Kirsits stated that after having worked in an organization that uses standard operation procedures (SOP’s) and seeing the way things are done some times we intend to go on and on with them. He stated that everything has to have a starting point and he thinks that this is an excellent starting point. He stated that if they delayed the bill tonight and went to a city wide ban it would take on a life of it’s own like some other ordinances do such as smoking, human rights, or banning pit bulls. He stated that this bill is something that almost everyone can agree on, now maybe there might be some fine points that need to be tweaked. He stated that maybe down the road those fines can be doubled in a school zone. He stated that as far as the fine amounts are concerned he worries about going to high with them for the initial offense that there might be some reluctance to write the ticket. He stated that he is hoping to see a lot of tickets and $75.00 a pop for the first offense is fine even $100.00 for the first time. He noted that hopefully a lot of tickets will be written. He stated that he believes that the message will get out quickly that there will be fines if caught using a cell phone in a school zone. He 7