Agenda Item 8
Robert H. Drummer, Senior Legislative Attorney
Bill 24-13, Streets and Roads - Authorization of Construction
Bill 24-13, Streets and Roads - Authorization of Construction - Amendments, sponsored
by Councilmembers Berliner, Floreen, and Riemer, was introduced on July 30.
Transportation, Infrastructure, Energy and Environment Committee worksession is tentatively
scheduled for September 30 at 1:30 p.m.
Bill 24-13 would:
• continue to require the Executive to hold a public hearing before authorizing an
assessment of costs for constructing a road;
• repeal the requirement that the Executive authorize the construction of a road
before beginning construction; and
• require the Director of Transportation to hold a hearing to receive comments on
the design of a road before beginning construction.
A County road construction project must be approved in the County's Six-Year Capital
Improvements Program (CIP). Construction cannot begin until the road project is funded in the
County's Capital Budget. Charter §304 requires the Council to hold public hearings on the
proposed budget and the proposed ClP before final approval. Many County road projects are
also a "special capital improvement project" that must be authorized by separate legislation after
a public hearing and may also be petitioned to referendum before the voters. Despite these
opportunities for public input during the ClP and budget process, current law also requires the
Executive to hold a public hearing and authorize a road construction project that is already
included in the approved ClP before beginning construction.
Bill 24-13 would eliminate this
duplicative step in the process.
The Bill would continue to require the Executive to conduct a hearing before authorizing
an assessment against adjoining properties to finance the road project where the affected
property owners can challenge the proposed assessment. Although the Executive often receives
comments from the public on the design of the project at the authorization hearing, the Bill
would require the DOT Director to hold a public hearing just to receive comments on the design
before beginning construction.
The Executive recently exercised this authority to prevent the construction of a road project that was already
included in the CIP and fully funded in the capital budget.