Derry Borough begins citing railroad trespassers
By Marie McCandless
Bulletin News Editor
November 3, 2009
Derry Borough Council last night announced a zero-tolerance policy to trespassing on the Norfolk Southern Railroad mainline tracks that bisect the borough.
The announcement by mayor Susan Bortz followed the deaths last Friday of 37-year-old Sheila Singer and her 2-year-old son, John Smart, who were struck by a Norfolk Southern freight train when John’s stroller became stuck while they were crossing the tracks. Singer had two other children with her who were alongside the track. They escaped injury.
Nearby, on July 16, 15-year-old Douglas “D.J.” Albright Jr. of South Greensburg lost his life while sitting on his bike alongside the tracks waiting for a train to pass.
“We will enforce citations,” said council president Allen Skopp. “There will be no leniency. I’m upset that people have inherited that they cross the tracks and don¹t see the danger. The trains are moving at 60 miles per hour. They cannot stop like a car does.”
During a two-hour meeting Monday night, council and about two dozen residents discussed ways to discourage pedestrians from crossing the tracks, including fences, walls, neighborhood watch, at-grade crossing, tunnel, overhead walkway, surveillance cameras, bells, repairing the Route 217 bridge, ramps and elevators.
Bortz has drafted a letter that borough officials will ask Derry Area School District officials to review and send home with students notifying them the borough is citing all trespassers of all ages for defiant trespass if they are on railroad property within the borough. Fines range up to $300. The policy took effect Saturday and several have been cited.
“All children have access to school buses,’ Bortz said, urging residents to, “Please reach out,” and offer rides to neighbors. She has contacted Faith in Action, a community outreach based in Latrobe, about transportation possibilities for those over the age of 60. Veterans Cab also offers discount rates.
U.S. Rep. John Murtha was unable to attend but offered support in seeking funding and a solution. Attending were state Rep. Joseph Petrarca, state Sen. Kim Ward and Westmoreland County Commissioner Charles Anderson.
Petrarca said, “I’ve dealt with PennDOT for years” on the bridge issue and it has informed him that jersey barriers or guard rails on the bridge to protect pedestrians would be “prohibitively expensive” and difficult to install.
“Last year I got the department to commit to replacing the bridge in 2012,” he added. “It’s not a perfect situation. I would like to have it done today. I’ve been concerned for years about the steps and sidewalks.” The new bridge may have a more user-friendly design with one wider sidewalk instead of two narrow ones, and a lower height to reduce the steepness of it.
Petrarca said he again contacted PennDOT Monday and will continue to try to secure state funding despite the tough budget year. The Department of Conservation of Natural Resources may be a source for funding to incorporate a walking trail for which the borough recently was awarded a one-year technical assistance grant.
Ward emphasized the need to change behaviors in the short term. Bortz said Norfolk Southern’s Operation Lifesaver visits the schools reminding students of safety around the tracks.
Anderson said the situation presents “an opportunity to build on a tragedy” and pledged county support. “Anything you need, please let us know,” he said.
Norfolk Southern Railroad officials will move a pile of railroad ties to block one opening in a fence on the northern side of the tracks. A reported offer of used chain-link fencing also is a possibility once property ownership is determined.
Bortz said a crisis incident debriefing will be held 7 p.m. Wednesday in the borough municipal building for emergency workers who assisted at Friday’s accident scene, including firefighters, police officers, ladies auxiliary and Mutual Aid emergency medical personnel.
She pointed out that some people interviewed in the media claimed to be witnesses but were at the scene after the fact and gave different reports to different people.
Skopp said that the 44-year-old Route 217 bridge in the borough was built at a time of lower traffic. Petrarca said he has been pushing PennDOT to expedite progress on replacing the bridge, which PennDOT previously said would not support the weight of additional jersey barriers or guard rails.
One woman suggested that a pedestrian bridge would be a magnet for graffiti, vandalism and crime, and maintenance would be a borough expense.
Others noted that having two bridges within a block of each other would be an expensive duplication of effort. The replacement Route 217 bridge, which is in preliminary engineering at PennDOT, may not be built until 2013, said Petrarca.
In the meantime, said Skopp, “We need to get the project moving faster to provide safer passage for senior citizens. These are high-speed rails. The only other solution is to reduce the speed of the trains, and that’s not going to happen.” Adding to the problem is that pedestrians cannot always hear a train coming, depending on how the wind is blowing, and many people do not look before crossing the tracks.
One resident suggested paving a walkway and installing gates for pedestrians, but Skopp said Norfolk Southern will not agree to an at-grade crossing. It is one of many possibilities discussed over the years, and eliminated, along with a tunnel, which will not be permitted because of flood plain regulations.
Several residents commented that fixing the current bridge would be more effective than building a new pedestrian bridge, but PennDOT already has determined that it will not put money into a temporary solution when a replacement bridge is planned.
Officials noted that PennDOT, the Public Utilities Commission and the railroad, not the borough, are calling the shots about a crossing.
Skopp said, “We’re not the police for the railroad,” although Norfolk Southern has authorized borough police to cite trespassers on its property.
He said, “We’re talking about people who are not supposed to be on the tracks at all. It¹s private property. A lot of school children cross the tracks” and education has to start with the parents.
“You can’t outrace a train,” he said. “The odds are against you.”
Council member Barry Smith said, “The bottom line is that it is the responsibility of the person or the parents” to avoid another tragedy. “We don’t want to isolate the north side of the borough from the south side. Offer viable alternatives that will cut down or eliminate more tragedies. The responsibility lies with the individual.”
Currently trains sound horns at vehicle crossings, and a signal light in Derry indicates when a train is approaching.
Skopp said, “We need to tell parents how dangerous it is.”
Bortz said, “An overhead walkway is not a done deal. We want people to come in more often. There are so many people here tonight and a lot of good ideas.”
Skopp invited residents to attend borough meetings on a more consistent basis, noting council has accomplished “a lot of positives but unfortunately we’ve had two major train accidents” in five months. “Train children to do the right thing. I haven’t slept in two nights over this. You can’t put a price on life.”
One resident said, ‘I’d much sooner cross the tracks than the bridge. I feel safer. You can’t legislate common sense.”
Rachel Riedel, borough solicitor, pointed out, “It’s illegal” to cross the tracks. “There must be common sense.”