Board of County Commissioners

Agenda Request

Date of Meeting: February 16, 2016

Date Submitted: January 22, 2016

To: Honorable Chairperson and Members of the Board

From: David Weiss, County Attorney

Robert M. Presnell, County Administrator

Curtis Young, Public Works Director

Subject: Amendment to Gadsden County Traffic Calming Device Policy

Statement of Issue:

This agenda item seeks Board approval of amendments to the Gadsden County Traffic

Calming Device Policy.

Background:

The Board of County Commissioners previously adopted a Traffic Calming Device

Policy. At the January 19, 2016 meeting of the Board, the Board voted to amend the

Policy to remove the provisions requiring payment of the costs associated with the

installation and removal of the traffic calming devices to be collected from the benefitted

property owners as non ad valorem special assessments, and instructed staff to bring back

the amended policy for approval.

Analysis:

Attached is the Gadsden County Traffic Calming Device Policy, amended to remove the

provisions requiring payment of the costs associated with the installation and removal of

the traffic calming devices to be collected from the benefitted property owners as non ad

valorem special assessments for the Board’s approval.

Fiscal Impact:

With the amendment to the Policy, the County would incur the expense of installing and

removing any approved traffic calming devices.

15

Options:

1. Approve and adopt the amended Gadsden County Traffic Calming Device Policy.

2. Propose changes to the amended Gadsden County Traffic Calming Device Policy,

and approve and adopt with changes.

3. Disapprove and reject the amended Gadsden County Traffic Calming Device

Policy.

4. Board direction.

County Administrator's Recommendation:

Option 4

Attachment:

1. Draft amended Gadsden County Traffic Calming Device Policy (clean and redline

versions).

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Gadsden County Board of County Commissioners

Neighborhood Traffic Management Program

1284 High Bridge Road Quincy, FL 32351

(850)875-8672

Page 3 of 17

TABLE OF CONTENTS

Index No. Page No. 1 Introduction and General Standards 1 1.1 Function of the Gadsden County Traffic Calming Program 1 1.2 Street Classification 1 1.3 Legal Authority 1 1.4 Standardization of Application 1 Exhibit 1 Flow Chart 2 1.5 Traffic Calming Device Design 2 2 Program Elements 2 2.1 Speed Criteria 2 2.2 Establishment of a Petition District 2 2.3 Petition for Traffic Calming Devices 2 2.4 Notice to Public; Hearing 3 2.5 2.6

Design Review Removal Process

3 4

3 General Construction Guidelines 4 3.1 Materials 4 3.2 Keeping the Road Open to Traffic 4 3.3 Traffic Control 4 3.4 Construction Methods 4 3.5 Signs and Pavement Markings 4 Appendix A PETITION FOR TRAFFIC CALMING DEVICES 5

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1. INTRODUCTION AND GENERAL STANDARDS

1.1 Function of the Gadsden County Traffic Calming Program In response to numerous complaints about speeding problems in neighborhoods, the Gadsden County Department of Public Works (GCPW) has studied other similar community traffic calming programs along with other research on this topic. This research found that the Institute of Transportation Engineers (ITE) completed a report for the Federal Highway Administration (FWHA) titled, Traffic Calming: State of the Practice. This report contains several types of traffic calming devices and defines traffic calming as follows: “Traffic calming is the combination of mainly physical measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized street users”. The information in this report is critical to this policy and shall be used as a guide for any traffic calming device placed within this county. The above mentioned report is available on the ITE bookstore online at www.ite.org. The following policy has been established for the citizens of Gadsden County who wish to pursue the installation of traffic calming devices in their neighborhoods. Refer to Exhibit 1, on page 2, as a guideline to be followed when considering the installation of a traffic calming device. 1.2 Installation Considerations

GCPW will only consider installation of traffic calming devices on County roads open for vehicular travel by the public located in the unincorporated area of the County in which the County owns the fee or has an easement devoted to or required for use as a public transportation facility which are classified as local, residential roads with a posted speed limit of 25 mph. Data obtained from traffic engineering studies of physical and traffic related factors should be used in determining where traffic calming devices are appropriate. Traffic engineering studies may indicate that traffic calming devices would be unnecessary or unsafe at certain locations. 1.3 Legal Authority Only the Gadsden County Board of County Commissioners can authorize the placement of a traffic calming device and shall also have the authority to remove any traffic calming device as seen necessary. 1.4 Standardization of Application

In keeping with the general recommendation of the Manual on Uniform Traffic Control Devices (MUTCD), uniformity aids in the recognition and understanding of traffic control devices. Therefore strict adherence to the standards and guidelines outlined in this manual will help ensure that any given traffic calming device installation will be equally recognizable and require the same action on the part of the motorists regardless of where it is encountered.

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Exhibit 1 - Flow Chart

Property owner shows interest in a traffic calming device. (Sec. 1.1)

GCPW conducts a speed study and finds a speeding problem does exist. (Sec. 2.1)

GCPW creates a petition district. (Sec. 2.2)

Property owner has petition signed with 75% or more of the property owners approve a traffic calming device installed and GCPW verifies signatures with tax records. (Sec. 2.3)

Gadsden County Board of County Commissioners holds public hearing. (Sec. 2.4)

Gadsden County Board of County Commissioners approve placement of the traffic calming device.

(Sec. 2.5) 1.5 Traffic Calming Device Design GCPW will be responsible for having the new traffic calming device designed. The design for roadways and other structures shall be in accordance with the American Association of State Highway and Transportation Officials’ A Policy on Geometric Design of Highway and Streets (commonly referred to as the AASHTO Green Book).

2. PROGRAM ELEMENTS 2.1 Speed Criteria GCPW traffic studies must find a speeding problem does exist. The speed study will provide the 85th percentile speed, which must prove speeds are at least 10 mph over the posted speed limit of 25 mph. The 85th percentile speed is an excellent indicator of street character and is used by nearly all states and cities for establishing regulatory speed limits. 2.2 Establishment of a Petition District If a road or road section meets or exceeds the speed criteria and meets the classification criteria, GCPW will create a petition district. The petition district will consist of the road with the device, all intersecting side roads and possibly other affected areas. Properties may be excluded from the petition district if it seems that such properties would receive no or only a remote benefit from the effect of the traffic calming device. 2.3 Petition for Traffic Calming Devices If GCPW concludes that a speed problem exists as determined in 2.1, they will forward the traffic calming proposal along with petition forms to the homeowner’s representative (Reference Appendix A

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- Petition for Traffic Calming Devices). A properly executed petition is a generally accepted method to effect a public action. The following rules and requirements, which will be included with the petition forms, help ensure the fairness and integrity of the petition process: The objective of the Gadsden County Traffic Calming Program is to provide property owners a process to have traffic calming devices installed on County maintained neighborhood roads, where engineering studies indicate that their use would meet the desired results of reducing neighborhood speeds and their installation is favored by 75% of the homeowners in the petition district. To have a traffic calming device installed in Gadsden County, a petition must be submitted to GCPW. All of the property owners in the defined petition district shall be contacted and given opportunity to sign this petition, indicating they want the installation of traffic calming devices. If the area has an active Homeowner’s Association (HOA), the HOA must provide a letter endorsing the installation of traffic calming features. If the lot is jointly owned, all owners must sign the petition in order for the lot to count as an affirmative vote. A “Mr. and Mrs.” signature is not acceptable. All owners must sign individually. This includes owners of undeveloped lots. Renting tenants are not an acceptable substitute for the legal homeowner. No signature will be withdrawn from the petition after it is filed with GCPW. The purpose of the witness’ signature is to verify the signatures of the property owners. The percentages will be calculated, based on individual lots where owners’ sign affirmatively, divided by the total number of lots in the defined petition district. Each lot counts as only one vote, regardless of the number of owners signing. At least 75% of the lots must vote in favor of the traffic calming device before petitions can be reviewed by GCPW. Once the petition is signed and returned to GCPW, it will be checked against tax records and land lot maps to ensure it meets all requirements. For subdivisions not completely built out, a minimum of 60% of the total units within the assessment district must be occupied before a petition for the installation of traffic calming devices will be considered, and a minimum of 80% of the total units must be occupied before a petition for the removal of the devices will be considered. 2.4 Notice to public; hearing

Upon presentation of a petition which fully complies with section 2.3, the Board of County Commissioners shall publish, at least once, in a newspaper of general circulation in the County, a notice stating that at a regular meeting of the Board of County Commissioners on a certain day and hour, to be held at least ten days after the first publication, the Board of County Commissioners will hear all interested persons on the traffic calming devices proposed in the petition. The notice shall provide the location and description of the proposed devices. A copy of the notice shall be mailed to the record title holders of the property within the petition district at the address shown on the most recent county property appraiser's ad valorem tax assessment roll. Such notice shall be mailed at least 14 days prior to the public hearing. At the time designated in the notice, the Board of County Commissioners shall hear all interested persons, and may then or thereafter reject the petition, or order, by resolution, the installation of the proposed traffic calming devices.

2.5 Design Review If the Board of County Commissioners orders, by resolution, the installation of the traffic calming devices, GCPC will propose a design of the traffic calming devices for the Board of County

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Commissioners’ consideration. After approval of the design by the Board of County Commissioners, GCPW will install the traffic calming devices.

2.6 Removal Process The removal of traffic calming devices shall be subject to the same requirements set forth in sections 2.2 – 2.5. A petition for removal will only be considered after traffic calming devices have been in place for a period of at least one year.

3. GENERAL CONSTRUCTION GUIDELINES 3.1 Materials All materials furnished and/or installed by the GCPW shall be from sources certified by the Florida Department of Transportation (FDOT), and shall meet all specifications set forth by FDOT. 3.2 Keeping the Road Open to Traffic The work shall be performed in such a manner as to maintain at least one lane of traffic at all times or use a GCPW approved detour route. 3.3 Traffic Control GCPW shall furnish, install, maintain and remove all necessary traffic signs, barricades, lights, signals, cones and other traffic control devices; and all flagging and other means of traffic protection and guidance as required by the Standard Specifications of FDOT, and the MUTCD. 3.4 Construction Methods All work performed for this project will be in accordance with FDOT Standard Specifications for Construction of Roads and Bridges, Current Edition, and the Supplemental Specifications, Current Edition, and attached modifications and special provisions. 3.5 Signs and Pavement Markings GCPW will supply and install all signs, posts, hardware and pavement markings for each traffic calming device.

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Appendix A – Petition for Traffic Calming Devices

Gadsden County Traffic Calming Program 1284 High Bridge Road

Quincy, FL 32351 We, the property owners residing along ___________________________________________, and representing seventy-five (75%) or greater of the property owners residing along said road, do hereby request that the Gadsden County Public Works Department begin the process of researching the need for installing traffic calming devises along said road. We, the residents, understand that the Public Works Department, upon completion of the data collection and research phase, will score the traffic calming request in keeping with the scoring process identified in the Traffic Calming Program pamphlet. The result of such scoring will place our request in the property priority order when compare to other traffic calming requests within Gadsden County. (Please note that the County’s Traffic Calming Program does not include installing traffic signals.) Petition Submittal Date: __________________________________________________________ Contact Person, address, and phone: ________________________________________________ Property Owner’s Name

(please print) Address w/Zip Code

(please print) Phone Signature

Page 9 of 17

Gadsden County Board of County Commissioners

Neighborhood Traffic Management Program

1284 High Bridge Road Quincy, FL 32351

(850)875-8672

Page 10 of 17

TABLE OF CONTENTS

Index No. Page No. 1 Introduction and General Standards 1 1.1 Function of the Gadsden County Traffic Calming Program 1 1.2 Street Classification 1 1.3 Legal Authority 1 1.4 Standardization of Application 1 Exhibit 1 Flow Chart 2 1.5 Traffic Calming Device Design 2 2 Program Elements 2 2.1 Speed Criteria 2 2.2 Establishment of a Special AssessmentPetition District 2 2.3 Petition for Traffic Calming Devices 23 2.4 Notice to Public; Hearing 3 2.5 2.6 2.67

Design Review Costs of Special Improvements; Special assessment roll Removal Process

34 4 4

3 General Construction Guidelines 45 3.1 Materials 45 3.2 Keeping the Road Open to Traffic 45 3.3 Traffic Control 45 3.4 Construction Methods 46 3.5 Signs and Pavement Markings 46 Appendix A PETITION FOR TRAFFIC CALMING DEVICES 57

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1. INTRODUCTION AND GENERAL STANDARDS

1.1 Function of the Gadsden County Traffic Calming Program In response to numerous complaints about speeding problems in neighborhoods, the Gadsden County Department of Public Works (GCPW) has studied other similar community traffic calming programs along with other research on this topic. This research found that the Institute of Transportation Engineers (ITE) completed a report for the Federal Highway Administration (FWHA) titled, Traffic Calming: State of the Practice. This report contains several types of traffic calming devices and defines traffic calming as follows: “Traffic calming is the combination of mainly physical measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized street users”. The information in this report is critical to this policy and shall be used as a guide for any traffic calming device placed within this county. The above mentioned report is available on the ITE bookstore online at www.ite.org. The following policy has been established for the citizens of Gadsden County who wish to pursue the installation of traffic calming devices in their neighborhoods. Refer to Exhibit 1, on page 2, as a guideline to be followed when considering the installation of a traffic calming device. 1.2 Installation Considerations

GCPW will only consider installation of traffic calming devices on County roads open for vehicular travel by the public located in the unincorporated area of the County in which the County owns the fee or has an easement devoted to or required for use as a public transportation facility which are classified as local, residential roads with a posted speed limit of 25 mph. Data obtained from traffic engineering studies of physical and traffic related factors should be used in determining where traffic calming devices are appropriate. Traffic engineering studies may indicate that traffic calming devices would be unnecessary or unsafe at certain locations. 1.3 Legal Authority Only the Gadsden County Board of County Commissioners can authorize the placement of a traffic calming device and shall also have the authority to remove any traffic calming device as seen necessary. 1.4 Standardization of Application

In keeping with the general recommendation of the Manual on Uniform Traffic Control Devices (MUTCD), uniformity aids in the recognition and understanding of traffic control devices. Therefore strict adherence to the standards and guidelines outlined in this manual will help ensure that any given traffic calming device installation will be equally recognizable and require the same action on the part of the motorists regardless of where it is encountered.

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Exhibit 1 - Flow Chart

Property owner shows interest in a traffic calming device. (Sec. 1.1)

GCPW conducts a speed study and finds a speeding problem does exist. (Sec. 2.1)

GCPW creates an assessment petition district. (Sec. 2.2)

Property owner has petition signed with 75% or more of the property owners approve a traffic calming device installed and GCPW verifies signatures with tax records. (Sec. 2.3)

Gadsden County Board of County Commissioners holds public hearing. (Sec. 2.4)

Gadsden County Board of County Commissioners approve placement of the traffic calming device.

(Sec. 2.5)

Gadsden County Board of County Commissioners assess all costs associated with the traffic calming device as a non-ad valorem special assessment against all of the properties in the defined assessment district in accordance with F.S. §§ 197.3631 and 197.3632. (Sec. 2.6)

1.5 Traffic Calming Device Design GCPW will be responsible for having the new traffic calming device designed. The design for roadways and other structures shall be in accordance with the American Association of State Highway and Transportation Officials’ A Policy on Geometric Design of Highway and Streets (commonly referred to as the AASHTO Green Book).

2. PROGRAM ELEMENTS 2.1 Speed Criteria GCPW traffic studies must find a speeding problem does exist. The speed study will provide the 85th percentile speed, which must prove speeds are at least 10 mph over the posted speed limit of 25 mph. The 85th percentile speed is an excellent indicator of street character and is used by nearly all states and cities for establishing regulatory speed limits. 2.2 Establishment of an Assessment Petition District If a road or road section meets or exceeds the speed criteria and meets the classification criteria, GCPW will create an assessment petition district. The assessment petition district will consist of the road with the device, all intersecting side roads and possibly other affected areas. Properties may be excluded from the assessment petition district if it seems that such properties would receive no or only a remote benefit from the effect of the traffic calming device.

Page 13 of 17

2.3 Petition for Traffic Calming Devices If GCPW concludes that a speed problem exists as determined in 2.1, they will forward the traffic calming proposal along with petition forms to the homeowner’s representative (Reference Appendix A - Petition for Traffic Calming Devices). A properly executed petition is a generally accepted method to effect a public action. The following rules and requirements, which will be included with the petition forms, help ensure the fairness and integrity of the petition process: The objective of the Gadsden County Traffic Calming Program is to provide property owners a process to have traffic calming devices installed on County maintained neighborhood roads, where engineering studies indicate that their use would meet the desired results of reducing neighborhood speeds and their installation is favored by 75% of the homeowners in the assessment petition district. To have a traffic calming device installed in Gadsden County, a petition must be submitted to GCPW. All of the property owners in the defined assessment petition district shall be contacted and given opportunity to sign this petition, indicating they want the installation of traffic calming devices. If the area has an active Homeowner’s Association (HOA), the HOA must provide a letter endorsing the installation of traffic calming features. If the lot is jointly owned, all owners must sign the petition in order for the lot to count as an affirmative vote. A “Mr. and Mrs.” signature is not acceptable. All owners must sign individually. This includes owners of undeveloped lots. Renting tenants are not an acceptable substitute for the legal homeowner. No signature will be withdrawn from the petition after it is filed with GCPW. The purpose of the witness’ signature is to verify the signatures of the property owners. The percentages will be calculated, based on individual lots where owners’ sign affirmatively, divided by the total number of lots in the defined assessment petition district. Each lot counts as only one vote, regardless of the number of owners signing. At least 75% of the lots must vote in favor of the traffic calming device before petitions can be reviewed by GCPW. Once the petition is signed and returned to GCPW, it will be checked against tax records and land lot maps to ensure it meets all requirements. For subdivisions not completely built out, a minimum of 60% of the total units within the assessment district must be occupied before a petition for the installation of traffic calming devices will be considered, and a minimum of 80% of the total units must be occupied before a petition for the removal of the devices will be considered. 2.4 Notice to public; hearing

Upon presentation of a petition which fully complies with section 2.3, the Board of County Commissioners shall publish, at least once, in a newspaper of general circulation in the County, a notice stating that at a regular meeting of the Board of County Commissioners on a certain day and hour, to be held at least ten days after the first publication, the Board of County Commissioners will hear all interested persons on the special improvements traffic calming devices proposed in the petition. The notice shall state in general terms aprovide the location and description of the proposed special improvementsdevices, the location, the estimated cost, and the description of the property specially benefitted against which the special assessment is to be made. A copy of the notice shall be mailed to the record title holders of the property specially benefittedwithin the petition district at the address shown on the most recent county property appraiser's ad valorem tax assessment roll. Such

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notice shall be mailed at least 14 days prior to the public hearing. At the time designated in the notice, the Board of County Commissioners shall hear all interested persons, and may then or thereafter reject the petition, or order, by resolution, all or any part of the special improvements sought by such petitionthe installation of the proposed traffic calming devices.

2.5 Design Review If the Board of County Commissioners orders, by resolution, the special improvementsinstallation of the traffic calming devices, GCPC will propose a design of the traffic calming devices for the Board of County Commissioners’ consideration. After approval of the design by the Board of County Commissioners, GCPW will install the traffic calming devices.

2.6 Costs of Special Improvements; Special assessment roll

All costs associated with the special improvements shall be assessed as a non-ad valorem special assessment against all of the properties in the defined assessment district, which shall include all properties which benefit from the special improvements. In imposing and assessing the non-ad valorem special assessment, the County will employ the uniform method for the levy, collection, and enforcement of non-ad valorem assessments set forth in F.S. §§ 197.3631 and 197.3632.

2.67 Removal Process The removal of traffic calming devices shall be subject to the same requirements set forth in sections 2.2 – 2.56. A petition for removal will only be considered after traffic calming devices have been in place for a period of at least one year.

3. GENERAL CONSTRUCTION GUIDELINES 3.1 Materials All materials furnished and/or installed by the GCPW shall be from sources certified by the Florida Department of Transportation (FDOT), and shall meet all specifications set forth by FDOT. 3.2 Keeping the Road Open to Traffic The work shall be performed in such a manner as to maintain at least one lane of traffic at all times or use a GCPW approved detour route. 3.3 Traffic Control GCPW shall furnish, install, maintain and remove all necessary traffic signs, barricades, lights, signals, cones and other traffic control devices; and all flagging and other means of traffic protection and guidance as required by the Standard Specifications of FDOT, and the MUTCD.

Page 15 of 17

3.4 Construction Methods All work performed for this project will be in accordance with FDOT Standard Specifications for Construction of Roads and Bridges, Current Edition, and the Supplemental Specifications, Current Edition, and attached modifications and special provisions. 3.5 Signs and Pavement Markings GCPW will supply and install all signs, posts, hardware and pavement markings for each traffic calming device. 3.6 Costs of Traffic Calming Device All costs associated with the traffic calming device shall be assessed as a non-ad valorem special assessment against all of the properties in the defined assessment district in accordance with F.S. §§ 197.3631 and 197.3632.

Page 16 of 17

Appendix A – Petition for Traffic Calming Devices

Gadsden County Traffic Calming Program 1284 High Bridge Road

Quincy, FL 32351 We, the property owners residing along ___________________________________________, and representing seventy-five (75%) or greater of the property owners residing along said road, do hereby request that the Gadsden County Public Works Department begin the process of researching the need for installing traffic calming devises along said road. We, the residents, understand that the Public Works Department, upon completion of the data collection and research phase, will score the traffic calming request in keeping with the scoring process identified in the Traffic Calming Program pamphlet. The result of such scoring will place our request in the property priority order when compare to other traffic calming requests within Gadsden County. (Please note that the County’s Traffic Calming Program does not include installing traffic signals.) Petition Submittal Date: __________________________________________________________ Contact Person, address, and phone: ________________________________________________ Property Owner’s Name

(please print) Address w/Zip Code

(please print) Phone Signature

Page 17 of 17