T&E
Item
1
September 9,2013
Worksession 2
MEMORANDUM
TO:
FROM:
Transportation, Infrastructure, Energy, and Environment Committee
~&Michael
Faden, Senior Legislative Attorney
~lenn
Orlin, Deputy Council Administrator
Worksession 2: Bi112-13, Streets and Roads
Reconstruction - Coordination
SUBJECT:
Bill 2-13, Streets and Roads
Reconstruction - Coordination, sponsored by
Councilmembers Leventhal, Riemer, EIrich, Berliner, and Rice was introduced on January 15,
2013. A public hearing was held on February 5, at which no speakers appeared (but see Western
Montgomery County Citizens Advisory Board letter on ©8-9). A Transportation, Infrastructure,
Energy, and Environment Committee worksession was held on July 29, at which the Committee
discussed the Bill after reviewing the Office of Legislative Oversight report cited below, but did
not adopt any recommendations.
Bill 2-13 would
• require the Director of Transportation to adopt a 5-year schedule of
reconstruction, rehabilitation, and resurfacing to County sidewalks, streets, and
roads, and to publicize that schedule; and
• direct the Department to take all feasible steps to coordinate the County's
reconstruction, rehabilitation, and resurfacing activities with those of other
government agencies, public utilities, and other entities, and in so doing to assist
in locating utility transmission facilities underground when feasible.
Office of Legislative Oversight Report 2013-5, Coordinating Utility and Transportation
Work in County Rights-of-Way (also reviewed by the Committee July 29) focuses on this topic
and provides helpful background. OLO staff participated in the Committee's review of this bill.
Committee members might want to bring this report, or OLO's summary of it, to this
worksession.
Issues
and
amendments
1)
Schedule
Is 5 years too long to forecast? Should the schedule in the first 2 years be in
quarterly or semi-annual increments?
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Council/OLO Staff Amendment: insert on ©2, line 7: expenditure schedules in. While
retaining the 5-year outline, this would tie the forecast more closely to the Council's actual
appropriation and spending decisions.
2) Publicity
Should the construction schedule be required to be posted on the County
website instead of, or in addition to, being published in the County Register?
Council/OLO Staff Amendment:
January on ©2. line 11.
Insert and shownQl1 the County's web site after
3) Map
Should the construction schedule be required to be published and disseminated
in map form, along with or instead of as a list?
Council/OLO Staff Amendment: Insert the following sentences after the period on line
11, reletter the rest of subsection (b) as subsection (c), and reletter later subsections:
The web site must be promptly updated to reflect c4?Ulging information, and must include
a street
m~p
displaying the mJ()cation of street. road and sidewalk reconstruction,
rehabilitation,
andm!~surfacing
work included in the adopted 5-year schedule. The
Director must take all feasible steps to include on this
m~p
the location of construction
work undertaken or planned by public utilities i.t::lCounty rights-of-way.
4) Coordination
In its July 29 review of the OLO report, the Committee discussed with
representatives of Washington Suburban Sanitary Commission and other public utilities (Pepco,
Washington Gas) specific ways to better coordinate the various work schedules in County rights­
of-way.
Council/OLO Staff Amendment: To achieve and institutionalize better coordination by
the County with public utilities, as recommended in the OLO report and endorsed by
Councilmember Leventhal, insert the following new subsection after © 3, line 29, and reletter
later subsections:
Uti
The Chief Administrative Officer. aftersonsulting with Washington Suburban
Sanitary Commission, other public utilities, and appropriate County
municipalities, must develop,
mairl!~in,
and use an automated information sharing
and mapping system covering planned construction projects in County Iights-of­
way. This should be accomplished; to the extent feasible, by developing a
standardized interagency GIS-based data repository and application to access and
view real-time information about all planned right-of-way construction and
maintenance activities. The GIS-based data and application should allow
mapping of recently-completed, current. and planned
project~,
and should provide
COtl.t::l:ty and utility staff with dire9! links to up-to-date information such as project
location, scope, design plans, permit status, schedule, cost. moratorium status, and
points of contact.
2
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5)
Underground utilities
To preclude a misinterpretation, Council staff recommends
replacing subsection (d) on ©3, lines 30-33 with this version of an amendment suggested by
Pepco:
In coorginating its actiyitiesunder subsection ec), the Department must
collaborate with the applicable public utility. cable communications provider. or
other entity to determine whetll¥r it will be economically and practically feasible
!9JOcat(;distribution facilities underground.
While it was not the drafters' intent, some had interpreted subsection (d) as possibly
requiring the County DOT to take the lead in locating utilities underground. In addition,
subsection (d)' s reference to transmission facilities was technically incorrect.
6)
Other Departments
As suggested by WMCCAB (see ©8-9) and endorsed by chief
sponsor Councilmember Leventhal, the County Department of Environmental Protection should
be added to the list of recipients of the 5-year schedule (see ©2,lines 11-21). Council staff also
suggests that the Office of Management and Budget and Department of Permitting Services also
be mentioned if any other County Departments are explicitly listed.
7)
Permit authority
At the July 29 worksession, Committee members discussed if and
how to use the County's right-of-way permitting authority under County Code §49-35 (most
recently amended by Bill 41-12, the roadside tree bill) to achieve better coordination with public
utilities and other permit applicants. Council and OLO staff have not proposed any amendments
toward this end, but recommend that this subject be further explored with the appropriate County
departments.
This packet contains:
Circle #
Bill 2-13
1
Legislative Request Report
4
Fiscal and economic impact statements
5
Western Montgomery County Citizens Advisory Board letter
8
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Bill No.
2-13
Concerning: Streets and Roads
Reconstruction - Coordination
Revised: 1-8-13
Draft No. _2_
Introduced:
January 15, 2013
Expires:
July 15, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
---'-"No~n.!.!:e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Leventhal, Reimer, EIrich, Berliner, and Rice
AN
ACT to:
(1)
(2)
(3)
require the Director of Transportation to adopt a schedule of reconstruction,
rehabilitation, and resurfacing to County sidewalks, streets, and roads, and to
publicize that schedule;
direct the Department to take all feasible steps to coordinate the County's
reconstruction, rehabilitation, and resurfacing activities with those of other
government agencies, public utilities, and certain other entities, and in so doing to
locate utility transmission facilities underground when feasible; and
generally amend the law governing the reconstruction, rehabilitation, and
resurfacing of County streets and roads.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-42
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 unqlJected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.2
-13
Sec.
1.
Section 49-42 is amended as follows:
2
49-42.
[Reserved.]
Reconstruction,
rehabilitation,
and
resurfacing
3
4
5
6
schedule; coordination with other government agencies and private parties.
{ill
The Director of Transportation must annually adopt
~
5-year schedule
for the reconstruction, rehabilitation, and resurfacing of sidewalks,
streets, and roads that the County controls or maintains. That schedule
must be based on the approved County Capital Improvements Program
and on consultations with other government agencies and public
utilities.
(hl
7
8
9
10
11
12
The 5-year schedule must be published in the County Register each
January. The Director must send the schedule annually to:
13
14
ill
ill
ill
the State Highway Administration;
each municipality in the County;
each public utility, and each cable communications franchisee,
that operates in the County;
15
16
17
18
19
20
21
®
ill
®
ill
{£}
the Washington Suburban Sanitary Commission;
the County Planning Board;
civic, business, and community organizations active
County; and
any other agency, organization, or person that would benefit from
that information.
5-year schedule under subsection
U!1
In
the
22
23
24
In adopting and implementing
~
. the Director must take all feasible steps to coordinate the Department's
reconstruction, rehabilitation, and resurfacing activities with those of
other government agencies, public utilities and cable communications
providers, and any other entity authorized to reconstruct, rehabilitate, or
resurface sidewalks, streets, or roads, to avoid conflicting or duplicative
@f:\IaWlbills\1302 streets and roads-reconstruction-coordinationlbill2.doc
25
26
27
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BILL
No.2 -13
28
activities and to minimize the number of times that
.!!
given sidewalk,
street, or road will be unavailable for unimpeded public use.
@
29
30
31
In coordinating its activities with those of public utilities and cable
communications providers, the Department must make every effort to
locate or aid the location of transmission facilities underground where
feasible.
The adoption of
.!!
schedule under this Section does not limit the
Department's authority to respond to any emergency.
32
33
34
35
36
Approved:
37
Nancy Navarro, President, County Council
Date
38
Approved:
39
Isiah Leggett, County Executive
Date
40
This is a correct copy ofCouncil action.
41
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 2-13
Streets and Roads Reconstruction
-
Coordination
DESCRIPTION:
Requires the Director of Transportation to annually adopt a 5-year
schedule for the reconstruction, rehabilitation, and resurfacing of
sidewalks, streets, and roads that the County controls or maintains.
The schedule must be based on the approved County CIP and on
consultations with other government agencies and public utilities.
Directs the Department to take all feasible steps to coordinate the
County's reconstruction, rehabilitation, and resurfacing activities
with those of other government agencies, public utilities, and certain
other entities, and in so doing to locate utility transmission facilities
underground when feasible.
Frequently County roads and streets are repeatedly torn up when
better coordination would reduce the disruption of public use.
To better coordinate reconstruction, rehabilitation, and resurfacing of
~ounty ~treets
and roads and minimize public expense and
Inconvemence.
Department of Transportation, Department of Permitting Services,
State highway Administration, Planning Board
To be requested.
To be requested.
To be requested.
To
be
researched. The Office of Legislative Oversight is currently
conducting a study of this topic.
Michael Faden, Senior Legislative Attorney, 240-777-7905
Glenn Orlin, Deputy Council Staff Director, 240-777-7936
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
®
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Fiscal Impact Statement
Council Bill 2-13, Streets and Roads - Reconstruction - Coordination
1. Legislative Summary.
This legislation would:
.. Require the Director of Transportation (DOT) to annually adopt a 5-year schedule
for the reconstruction, rehabilitation, and resw:facing of sidewalks, streets, and
roads that the County controls or maintains. The schedule must be based on the
approved County CIP and on consultation with other government agencies and
public utilities.
• Directs the Department to take all feasible steps to coordinate the County's
reconstruction, rehabilitation, and resurfacing activities with those of other
government agencies, public utilities, and certain other entities, and in so doing to
locate utility transmission facilities underground when feasible.
2. An estimate of changes in County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
This proposed Bill places an additional burden and associated costs on the current
protocol of utility coordination by requiring the Director of the Department of
Transportation to locate, where feasible, all underground utilities including
communication lines, transmission lines, water, sewer, etc. This will require advance
utility investigations of up to 5 years prior to project implementation. A Utility
Coordinator position will be required to attend to this level of advance planning and
detaiL
Proposed Council Bill 2-13 will require hiring a full time Utility Coordinator in the
Department of Transportation, grade 25 or 26, at an annual cost of approximately
$133,900 including salary, benefits, and vehicle.
3.
Revenue and expenditure estimates covering at least the next 6 IlScal years.
No revenues. Expenditures are related to a new full time position, vehicle capital cost,
and ongoing vehicle operating cost. This cost is estimated to be $678,400.
4.
An
actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not applicable.
5. Later actions that may affect future revenue and expenditures if the bill authorizes
future spending.
No revenues are generated. With respect to expenditures, the cost of the full time position
will increase as affected by annual salary adjustments.
6. An estimate of the staff time needed to implement the bill.
This Bill will necessitate an additional
full
time position
in
the Department of
Transportation at an approximate cost of $105,000.
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7. An explanation of how the addition of new staff responsibilities would affect other
duties.
As noted above, a new position will be required; therefore, the staff responsibilities of
current personnel should not change.
8. An estimate of costs when an additional appropriation is needed.
The initial estimated cost is $133,900. The estimated on-going cost is $108,900.
9. A description of any variable that could affect revenue and cost estimates.
No new revenue will be generated. The estimated cost of one additional position should
be sufficient to address variances in schedules and workload.
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
None.
11.
If
a bill is likely to have no
IISCal
impact, why that
is
the case.
Fiscal impact is noted.
12. Other fiscal impacts or comments.
None.
13. The following contributed to and concurred with this analysis:
Keith Compton, Department of Transportation
Brady Goldsmith, Office ofManagement and Budget
Office of Management and Budget
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Economic Impact Statement
Bill 2-13,
Streets and Roads - Reconstruction - Coordination
Background:
This legislation would:
• Require the Director ofTransportation (D01) to annually adopt a 5-year schedule for
the reconstruction. rehabilitation, and resurfacing of sidewalks, streets, and roads that
the County controls or maintains. the schedule must be based on the approved
County CIP and on consultation with other government agencies and public utilities.
• Directs the Department to take all feasible steps to coordinate the County's
reconstruction, rehabilitation, and resurfacing activities with those of other
government agencies, public utilities, and certain other entities, and in so doing to
locate utility transmission facilities underground when
fe~ible
.
1. The sources of information, assumptions, and methodologies used.
Based on discussions with DOT, most ofthe activities required under the proposed
legislation are currently being performed by the department with the exception noted
in the Fiscal Impact Statement (FIS).
2. A description of any variable that could affect the economic impact estimates.
The impact of the bill is mainly on the County DOT operations, most of which are
currently being performed, so there should not be an impact on the County's
economy.
3. The Bill's positive or negative effect,
if
any on employment, spending, savings,
investment, incomes, and property values in the County.
:Fo1' the reasons noted above, the bill should not have an economic impact on
employment, spending, savings, investment, and property values the County.
4.
If
a Bill
is
likely to have no economic impact, why is that the case?
Not applicable, see above.
5.·
The following contributed to and concurred with this analysis:
AI Roshdieh,
Transportation; David Platt and Mike Coveyou, Finance.
Department of Finance
~:BCetD~r
IV'--­
Page 1 ofl
Date
r
I
(j)
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Trombka. Aron
From:
Sent:
To:
Cc:
Subject:
Leventhal's Office, Councilmember
Friday, May 31,20134:24
PM
Hartman, Ken; mkorman@gmail.com
#CCL.Leventhal Staff; Trombka, Aron; Levchenko, Keith; Faden, Michael
RE: WMCCAB letter re: Bill 02-13
Dear Marc and Ken,
Excellent! Delighted to get such a strong letter of support for this bill. Thanks very
much.
I agree with your suggestion that DEP should be included in the bill.
Best,
George
-----Original Message----­
From: Hartman, Ken
Sent: Fri 5/31/2013 2:25 PM
To: Navarro's Office, Councilmember
Cc: Leventhal's Office, Councilmember; Andrews's Office, Councilmember; Elrich's Office,
Councilmember; Ervin's Office, Councilmember; Floreen's Office, Councilmember; Berliner's
Office, Councilmember; Rice's Office, Councilmember; Riemer's Office, Councilmember; Ike
Leggett
Subject: WMCCAB letter re: Bill 02-13
«WMCCABLetterBill0213.pdf»
Dear Council President Navarro,
Please see the attached letter from the Western Montgomery County Citizens Advisory Board
concerning Bill 2-13.
Ken Hartman
240-777-8206
May 31, 2013
The Honorable Nancy Navarro
President, Montgomery County Council
100 Maryland Ave.
Rockville, Maryland 20850
Dear Council President Navarro and Council:
The Western Montgomery County Citizens Advisory Board (WMCCAB) would like to take the
opportunity to express our support for Councilman Leventhal's proposed Bill 2-13 aimed at
improving coordination of road reconstruction projects. While we commend the efforts of
the County Department of Transportation (DOT) and Washington Suburban Sanitary Commission
(WSSC) in coordinating project schedules to save time and money, we see great value in
taking this level of coordination further. We respectfully offer the following comments
and suggested changes to the bill language.
In particular, we suggest adding the County Department of Environmental Protection (DEP)
to the list of agencies DOT must send the 5 year project schedule (Section l(b) of the
proposed legislation). Given DEP's central role in stormwater management, knowledge of
upcoming projects would allow DEP to identify opportunities to implement road improvements
that allow for stormwater infiltration. Cities and counties are increasingly putting such
green infrastructure in place, particularly when it can also be used to enhance pedestrian
and cyclist safety. Upcoming road projects create the most cost effective opportunities to
implement such dual benefit road improvements.
Creating a mechanism to incorporate residential street resurfacing projects that fall
1
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below the threshold for incorporation into the Capital Improvements Program would also be
helpful. It would seem like a missed opportunity to not include such projects. For
example, on residential streets serving as key cut through routes for cyclists accessing
the County's trail network, resurfacing projects are an ideal time to add "shared lane"
markings and other low cost safety enhancement techniques.
It is our understanding that the legislation would encourage or require DOT to put in
place a database to facilitate this coordination. We support this and efforts by Council
staff to identify open source Geographic Information System software or another low cost
alternative that would create a shared database to facilitate project coordination.
We commend the efforts of County departments already working to coordinate road projects,
but believe that more can be done to formalize and deepen the level of coordination. This
bill would help the County ensure we are get the most out of every public and private
dollar spent on road related infrastructure. While the systems put in place to facilitate
such coordination should themselves be cost effective, opportunities to put new systems in
place seem to be available.
Thank you for this opportunity to provide our input as the Council considers this bill.
Sincerely,
Marc Korman
Chair
cc: The Honorable Isiah Leggett, County Executive
2