Agenda Item #6A
March
31, 2015
Action
MEMORANDUM
March
27, 2015
TO:
FROM:
SUBJECT:
County Council
Jeffrey
L.
zyonl.
~is1ative
Attorney
Action:
Bill
3-15,
Streets and Roads - Obstruction Signage
Transportation, Infrastructure, Energy & Environment (T &E) Committee
Recommendation (3-0):
enact Bill
3-15
with the following amendment:
1) Delete the phrase "at least" from line
12;
and
2) Require the County's contact telephone number on the sign instead of the permit
holder's telephone number.
Background
Bill
3-15,
Streets and Roads
Obstruction Signage, sponsored by Councilmembers
Berliner, Navarro, Council Vice President Floreen and Councilmembers EIrich, Hucker, Rice,
Riemer and Katz, was introduced on January
20,2015.
A public hearing was held on February 10.
The only speaker was a representative of the Maryland Building Industry Association. He
expressed concern about the implementation and enforcement ofthe requirement to post additional
information.
Bill
3-15
would require signage concerning a permit to obstruct a right-of-way. Currently
pedestrians faced with a closed sidewalk have no easy way to determine how long the sidewalk
will be closed and who to contact ifthey have any questions. At least 4 projects in the past 4 years
were authorized for long term sidewalk closures without an alternative pedestrian walkway on the
same side ofthe street. Increased information may have resulted in less disruption for pedestrians.
The fiscal impact statement provided in a memorandum to Council President Leventhal on
February
20,2015
indicated that projected costs would be
$200
to
$1,000
annual due to printing
costs for additional signs.
Public Hearing
In a memorandum dated February
9, 2015
the Executive supported Bill
3-15.
He added:
While construction activity is an important and desired element of our economy, we must
work together so that construction impacts of pedestrians, vehicles, bicycles, residents and
existing businesses are properly managed and do not become overly disruptive.
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Construction that is carried out in a cooperative and sensitive manner is good for the
community and local business.
Issues
Should the law be more specific on the details for increased signage?
As drafted Bill 3-15 leaves all of the details of signage to the Department of Permitting Services
with direction from the Department ofTransportation. Before the Director issues a permit to close
a sidewalk, curb lane, or shared use path, the Director of Transportation must approve a temporary
traffic control plan. Under Bill 3-15 the permit and the traffic control plan must require signage
during construction to, "at least", inform pedestrians about the duration of the obstruction, the
permit number, and the permit holder's telephone number. The size of the sign, the size of the
text, the location of the sign, and the possible number of signs are all left to the Director. The
County Executive may issue regulations under method (2) to implement to implement Bill 3-15.
The phrase "at least" anticipated that the duration of obstruction, the permit number and a contact
telephone number could be part of even more information. The Department of Transportation
Staff recommended deleting "at least" so that the information on the sign concerning sidewalk
closures
will
be, in their words, "shorter than
War and Peace".
I
The Committee recommended deleting the phrase "at least" from line
12
n.
2
Should the applicant holder's telephone number be listed of the required sign?
The DPS Director noted that an inspection would be automatically scheduled whenever a sidewalk
closure was scheduled to reopen. Given that the County wanted to immediately know about
complaints, County staff recommended having a County contact telephone number on the sign and
not the applicant's number.
The Committee recommended requiring the County's contact telephone number on the sign instead
0/
the permit holder's telephone number.
This packet contains:
Bill 3-15
Legislative Request Report
Fiscal and Economic Impact statement
F:\LAw\BILLS\1503 Streets And Roads-Obstruction Signage\Action Memo March 31.Docx
Circle
#
1
3
4
The paperback addition of
War and Peace
contains approximately 560,000 words and required 1,225 pages of text
in its first edition. It is the ninth longest novel according to Amazon. Such works as
Les Miserables
and
Atlas
Shrugged
are longer.
In Search ofLost Time
by Marcel Proust is the longest novel; the author needed over
1,000,000 word to complete that work.
2
The Committee neither discouraged nor advocated reading
War and Peace,
but was in favor of only helpful
information on signs.
I
2
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Bill No.
3-15
Concerning: Streets and Roads ­
Obstruction Signage
Revised: Jan. 6. 2015
Draft No. 2
Introduced:
January 20.2015
Expires:
July 20.2016
Enacted: _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date:
~No~nu::e
_ _ _ _ __
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCil
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Berliner, Navarro, Floreen, EIrich, and Hucker
AN
ACT to:
(1)
(2)
require signage concerning a permit to obstruct a right-of way; and
generally amend the law concerning a permit to obstruct any public right-of-way_
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-11
Boldface
Underlining
[Single boldface brackets]
DQuble 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 wuifJected by bill.
The County Council for Montgomery County, Maryland approves the following
Amendment:
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BILL
No. 3-15
1
Sec. 1 Section 49-11 is amended as follows:
49-11. Permit to obstruct public rights-of-way.
2
3
4
*
(g)
*
*
Before the Director Issues a permit under this Section to close a
sidewalk, curb lane, or shared use path, the Director of Transportation
must approve a temporary traffic control plan.
5
6
7
ill
A professional engineer must certify for the applicant that the
plan minimizes inconvenience to the public, provides necessary
warnings,
and
includes
safe
and
reasonable
pedestrian
8
9
10
alternatives in accordance with accepted engineering standards.
11
12
13
14
ill
The permit and the traffic control plan must require signage
during construction to
[L.
at least,]] inform pedestrians about the
duration of the obstruction, the permit number, and the [[permit
holder's)) County contact telephone number to call.
15
16
*
Approved:
*
*
17
George Leventhal, President, County Council
18
Date
Approved:
19
Isiah Leggett, County Executive
20
This is a correct copy o/Council action.
Date
21
Linda M. Lauer, Clerk ofthe Council
Date
0-
f:\law\bills\1503 streets and roads-obstruction signage\bill2.doc
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LEGISLATIVE REQUEST REPORT
Bil13-15
Streets and Roads
-
Obstruction Signage
DESCRIPTION:
Permits that allow an obstruction in public right-of-way will be
required to post informational signs. These signs will be intended· to
inform pedestrians about the obstruction and contact information.
Pedestrians face closed sidewalks without knowing the terms and
conditions of the closure or contact information for the party
responsible for the closure.
To provide information for pedestrians.
Department of Permitting Services, Department of Transportation
To be requested.
To be requested.
To be requested.
To be researched.
Jeff Zyontz, Legislative Attorney, 240-777-7896
Applies to all areas where County issues right-of-way obstruction
permits.
Revocation of a permit and a cease and desist order concerning the
obstruction.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
f:\law\bills\1503 streets and roads-obstruction signage\legislative request re
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TO:
George Leventhal.
rreSla.l~nt.
County Council
Jennifer
A.
Hughes,
DiredcJf,
Offi
JosephF. Beach,
. ,Depart
FROM:
SUBJECT:
manclJ""'u
.
ein~.l{*dget
U\
FEIS
for
BiU 3-15,
and Roads -
Obstruction Sign age
Please find attached the
4scal
and economic impact statements for the above-
referenced legislation.
.
JAH:tz
cc: Bonnie Kirkland. Assistant Chief Administrative Officer
Lisa Austin, Offices ofthe
COlmty
Exiecutive
Joy
Nurmi, Special Assistant to the·
Executive
Patrick Lacefield, Director, Public I rmation Office
Joseph F. Beneb, Director, Depart
t
of Finance
Diane
Jones,
Department of Penni . Services
Christy Contreras, Department ofPeninitting Services
David Platt, Department ofFinance
I
Alex Espinosa. Office ofManagemcnt
and
Budget
Dennis Hetman, Office of
Manageme~t
and Budget
Felicia Zhang, Office of
Mallagementiand
Budget
Naeem Mia; Office ofManagement
~d
Budget
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.'iscallmpact Statement
Council BiD 3·15
Street~
and Roads - Obstruction Sign age
1. Legislative Summary:
Bill 3-15 provides a means for requiring signage to
be
pJaced by permittees when
obstructions to the public right-of-way occur due to permitted construction.
As
noted in
the Bill. pedestrians faced with a
cl~sed
sidewalk have no easy way
to
determine how
long the sidewalk
wiJi
be closed
an4
who to contact
if
they have questions. Furthermore,
at times construction interferes
¥'>it~
access to local businesses. The Bill requires
that
a
phone nwnbcr for the pemlittee be tncluded as a point of contact.
2. An estimate ofchanges in
COWlty
r~venues
and expenditures
regardless
of whether the
revenues
or
expenditures
are
assurn~d
in
the
recommended
or
approved budget. Includes
source of information, assumptionsJ
and
methodologies used.
Changes to County revenues
and
expenditures are negligible as the bilI only requires
printing
of
signs
to be
handed out
by
DPS Right-of..
Way
Inspectors for posting when
closure..c; occur per the pemlitted
co~struction.
DPS estimates the need for approximately
1,500
sigl1s
per year at a cost of $2,900 annually ($133 per sign). Maintenance of Traffic
Plans typicnlly extend over a period! of 18 to 24 months. In 2013 there were 144
Maintenance of Traffic Plans
and
id
2014 there were .159.
Assuming one
to five signs
per
project
annuallYt
the signs
would
cost the
department
approximately
$200 -
$1,000
which would be recovered through the pennit process .. The department is already
required
to
inspect implementation pfthe
Maintenance
of Traffic Plans therefore DPS
would not incur additional inspection costs.
3. Revenue and expenditure estimates icovering at least the next 6 fiscal years.
The only
expense
is for creation and
printing
of the signs. Based
on the
historic number
ofMaintenance of Traffic Plans approved per year, and the possible need for multiple
signs, the Department expects to
iss,~e
150 to 750 signs pel' year.
'I11e
expenditure
estimates would be as follows over the next 6 fiscal years:
--
i
i
FY19
FY2
Fisea
1Year
FYI6
FY17
.FY18
i _
--.
IE'
j
··xpe
nditure
$200 ­
1
, $1,000
..
$200 ­
$1,000
$200­
$!.,OOO,
$200-
$1,000
E~
ue
$200 ­
$1,000
1$200 -
$1,000
_. . . ._··t-
.
!
$200-
$200-
$1,000
1$1,000
i
I
i
I
.0_.....-;I_F_Y2_1_
~,I
i
i
1
$20
0-
1$1,000
-·-------+1-------11
1$200­
I
$1,000
I
$1,000
1$200­
!
1$20
0-
$1,0
00
J
4. An actuarial
analysis through the erltire
amortization
period for each bill that would affect
retiree pension or
group insurance
qosts.
Not 'lpplicable.
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5. Later actions that may affect future revenue arid expenditures if the bill
authoriz~
future
spending.
'
This Bill does not authorize future spending.
.
I
i
6. An estimate of tile staff time needed to imp1enP.ent the bill.
There is no additional staff time requited in orUer to implement this
bill
as
it
is part of an
inspection process that
is
already occurring. .
,
7. An explanation of how the addition of new sJrr responsibilities would affect other duties.
This bill does not affect other duties. It assistS the DPS Right-of-Way Inspectors and
County staff as citizens
\\111
be able to have direct contact \vith the pennit holder
representative
to discuss concerns over
sidew~lk
closures.
1be
public \\111
also
be
informed on the sign as to closure duration. '
8.
An
estimate
of costs
when
an
additional approPriation
is
needed.
No additional appropriation
will be
needed
9. A
description of
any variable
that could
afft.'Ct!revenue and
cost estimates,
Revenues and cost") would be impacted
by
theinumber
of signs required per
project.
The
department can fully recover the costs of the s' s for a negligible fiscal impact
'The follo\\ting is the number of
Maintenance
FY09
____
I
FY10
99
FY11
~_I
101
Traffic Plans over
the
pa'5t
7 fiscal
years:
Y12
,
Fy1i--·'
FY14-­
too
'
144
159
.
,
.
Ibe
number of signs will be impacted
by
the extent ofpath, sidewalk, or lane closure and
the duration of construction.
10. Ranges of revenue
or
expenditures that
are unyertain
or difficult
to
project.
Not applicable.
I 1. If a bill is
Ukely
to have no fiscal impact,
why
,that is the case.
This bill is for public right-of-way pe.nnittee placement of a sign (non-metal, weather
resistant) that is provided
by
the Departmcl'lt o:[Pemlitting Services Right-of-Way
Inspector to pem'lit holders when obstruction qlosures occur. The signs \\111 inform
pedestrians
of the duration
of
the closure,
who!
to
contact
regarding the closure, and will
be
provided as part ofan already occurring inspection.
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12. Other fiscal impacts or comments.
!
Not applicable.
13. The following contributed to and cpncurred with this analysis:
Diane Jones, DPS
Rick Bntsh. DPS
Christina Contreras, UPS
Barbara Suter, DPS
Dennis Hetman, OMB
·~ui!D~
Office of Management and Budget
Date
2/t9/
f
S-
f
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Economic Impact Statement
Bill 3-15, Streets
a~d
Roads - Obstruction Signage
Background:
This legislation would require
included
in
the
pennit
and traffic control
plan.
During construction, the signage woulp inform pedestrians about the direction ofllie
obstruction, the permit number, and
thie
telephone number of
the pennit
holder.
1. The
sources of information,
ass~mptions,
and methOdologies
used.
Sources ofinfonnation include
th~
Department ofPennitting Services (DPS). The
assumption is that signage
will
be tequired for projects currently under
permit
and for
any future projects. Data include tjne number of commercial permits and the average
construction cost for each. permit. !There are no methodologies used in the preparation
ofthe economic impact statement.]
2. A
description of any variable
tb*
could affect
tbe
economic impact estimates.
1
SignaJ
The variables that
couId
affect the
bconomic impact
estimates are
the number
of
current and future permits issued
by
DPS, the average construction costs, and the
costs of preparing and erecting signage for each
current
and future permit. While
there are
data
on the number and cOnstruction costs for
current
pennits,
similar
data
on
future permits
cannot easily be
~stimated
with any certainty.
The
uncertainty is
attributed to the year-to-year high :yolatility in terms ofthe number of pennits and the
construction costs.
In
2014, there were 1,886 commercial pennits issued with total project costs of
$1.063 billion for
an average
con$ction cost of
approximately
$564,000. During
the same year, there were 3,818 residential
permits
(units)
with
total project costs of
$0.625 billion for an average cost ¥$I63,701. Based on data provided by
DPS~
the
average cost for pn..."aring a signage for each permit is approximately $150.
Therefore. based on approximately! 5,700 commercial
and
residentialpennit..<), the
additional
cost.'\)
are $8,600.
.
3. The Bill's positive or negative ef(ect,
if
any on employment, spending, saving,
investment, incomes, and proper1Y values in the County.
Based on the data provided in paragraph #2, Bill 3-15 would have no significant
impact
on
employment, spending,
~aving,
investment, income, and property
values
in
the County. The cost of preparing
~e
signage is very minimal
in
terms ofthe overall
costs of the project.
.
4.
If
a
Bill
is Ukely to have no
econ~mie
impact,
why
is
tbat the case?
See paragraph #3.
:Page 1 of2
8
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Impact Statement
Bill 3-15, Streets and Roads - Obstruction Signage
5. The following contributed to or concurred with this analysis: David Platt and Rob
Hagedoorn.
Finance; Christina C®treras, Department
of
Permitting Services.
Econo~ic
F. each, Director
Department of Finance
!
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