Agenda Item 11
February 5, 2013
Public Hearing
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
~ichael
Faden, Senior Legislative Attorney
Public Hearing:
Bill 2-13, Streets and Roads
Reconstruction - Coordination
Bill 2-13, Streets and Roads - Reconstruction - Coordination, sponsored by
Councilmembers Leventhal, Riemer and EIrich, was introduced on January 15, 2013. A
Transportation, Infrastructure, Energy and Environment Committee worksession will be
scheduled at a later date.
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 locate
utility transmission facilities underground when feasible.
The Office of Legislative Oversight's current work program includes a project that
focuses on this topic. See OLO work program excerpt on
©5.
OLO staff expect to participate in
the Transportation, Infrastructure, Energy, and Environment Committee's review of this bill.
This packet contains:
Bill 2-13
Legislative Request Report
Office of Legislative Oversight work program excerpt
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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: Councilmember Leventhal
AN
ACT to:
(1)
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.
(2)
(3)
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 unaffected 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:
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49-42.
[Reserved.1
Reconstruction,
rehabilitation,
and
resurfacing
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schedule; coordination with other government agencies and private parties.
U!)
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.
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The 5-year schedule must be published in the County Register each
January. The Director must send the schedule annually to:
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the State Highway Administration;
each municipality in the County;
each public utility, and each cable communications franchisee,
that operates in the County;
the Washington Suburban Sanitary Commission;
the County Planning Board;
civic, business, and community organizations active
County; and
In
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the
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any other agency, organization, or person that would benefit from
that information.
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In adopting and implementing
£!
5-year schedule under subsection
ill1
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
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BILL
No. 2-13
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activities and to minimize the number of times that
£!
given sidewalk,
street, or road will be unavailable for unimpeded public use.
@
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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.
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Approved:
The adoption of
£!
schedule under this Section does not limit the
Department's authority to respond to any emergency.
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Nancy Navarro, President, County Council
Date
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Approved:
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Isiah Leggett, County Executive
Date
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This is a correct copy o/Council action.
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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 tom up when
better coordination would reduce the disruption of public use.
To better coordinate reconstruction, rehabilitation, and resurfacing of
County streets and roads and minimize public expense and
inconvenience.
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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Page 12
Resolution No.: 17-517
PROJECT#5B
UTILITY AND TRANSPORTATION WORK IN COUNTY RIGHTS-OF-WAY
Principal Agency:
Origin of Project:
County Government
County Council
The County Government Department of Transportation (DOT) Division of Highway Services builds,
reconstructs, and repairs County roads under its jurisdiction. At the same time, the County
Government's Department of Permitting Services (DPS) regulates and issues permits for all utility
construction, reconstruction, or maintenance activities performed in County rights-of-way (ROW)
under DPS' jurisdiction. Several utilities maintain infrastructure within and perform work in County
rights-of-way, including Washington Suburban Sanitary Commission (WSSC), Washington Gas, and
Potomac Electric Power Company (PEPCO). DPS sets standards and issues penn its for this work.
This OLO report will examine where opportu'nities exist to improve coordination between DPS,
DOT, WSSC, PEPCO, and State agencies for work performed in County Rights-of-Way. OLO will
examine the County Government's processes for:
Granting County Government approval for work perfonned in County ROWs,
Coordinating work by multiple entities in individual ROWs, and
Ensuring that entities comply with County Government requirements for work in ROWs.
OLO will explore past work and coordination in County Government's ROWs and identify
opportunities to improve coordination in order to maximize County Government resources.