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HomeMy WebLinkAbout06/27/2016 (2)4 0 COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA FELLSMERE ROADS WORKSHOP AGENDA MONDAY, JUNE 27, 2016 - 6:00 P.M. Clarence F. Korker Center for the Performing Arts (Old Fellsmere School Auditorium) 22 S. Orange Street Fellsmere, Florida 32948 www.ircgov.com Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 6:00 P.M. PAGE 2. INVOCATION Commissioner Wesley S. Davis 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS STAFF REPORT A. Fellsmere Road Maintenance — Unincorporated Indian River County (memorandum dated June 20, 2016) 1-10 -------------------------------------------------------------------------------------------------------------------- 5. QUESTIONS COMMENTS AND DISCUSSION FROM THE BOARD 6. QUESTIONS COMMENTS AND INPUT FROM THE PUBLIC 7. ADJOURN Felismere Roads Workshop June 27, 2016 Page I of 2 Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Fellsmere Roads Workshop June 27, 2016 Page 2 of 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM YA TO. Joseph A. Baird, County Administrator THROUGH: Dylan Reingold, County Attorney FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Fellsmere Road Maintenance — Unincorporated Indian River County DATE: June 20, 2016 DESCRIPTION AND CONDITIONS On May 17, 2016 the Indian River County Board of County Commissioners (the "Board") directed staff to review and provide information and alternatives for adding Fellsmere Roads to the current grading schedule. On June 14, 2016 the Board noticed a public workshop regarding Fellsmere Road Maintenance that would be held on June 27, 2016 at 6:00 pm at the Clarence F. Korker Center for the Performing Arts (Old Fellsmere School Auditorium) Community Room, 22 S. Orange Street, Fellsmere, Florida. In August of 2004, Staff presented to the Board an Unmaintained Road Study that provided the Board with information regarding unmaintained roads county wide. The 2004 study addressed the need to provide safe, two-way roadways and to obtain the necessary right-of-way to provide safe roadways to the public. In 2016, Staff recognizes that the 2004 Unmaintained Road Study brought to the forefront ` issues regarding right-of-way acquisition and public safety issues that are still valid issues that need to be addressed. The Executive Summary for the 2004 Study is attached. i Public Works performs routine grading on approximately 30 miles of unpaved roads in the { unincorporated areas around Fellsmere. This maintenance is performed under a 1975 agreement between Indian River County and the Fellsmere Water Control District. Additionally, Public Works performs routine grading on an additional 220 miles of unpaved roads within the entire County. On average, the cost of grading a mile of an unpaved roadway is approximately $2,700 00 per mile This i does not include the addition of unpaved roadways that have not been maintained by the County j (approximately 140 miles countywide). These roadways will need to be prepared by additional material and grading work to meet the minimum requirements in the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (Green Book Standards) There are approximately 70 miles of unpaved roadways within Fellsmere Water Control Drainage District (FWCD) drainage and road right-of-way that are utilized by approximately 1,254 parcels of property for access. Of the 70 miles of unpaved roadways, 40 miles of unpaved roads are not maintained by the County or the Fellsmere Water Control District as the Fellsmere Water Control District has stated that per Chapter 298, Florida Statutes and guidance from the Florida Attorney General, the FWCD is not allowed to perform maintenance on the roadways within their right-of-ways. The Florida Attorney General has also opined that a county may furnish road grading of private roads so long as payment for actual costs of such service is borne by the owners of the private roads. In the alternative, the Florida Attorney General has stated that the public must be granted the right to utilize such roads. C'1Useulrs'rpyrkaUhskurplFellsmerr \mater Comm] District RoadwaysWellsmere Unpaved Road Maintenance Agenda for lune 27, 2016.dtx Page 2of7 Fellsmere Road Maintenance Workshop For June 27, 2016 Public Works has performed surveys of several unpaved roads maintained and not maintained by the County. The survey information shows that some of the unpaved roadways are not completely within the FWCD drainage and road right-of-way. In some locations, the roadway is completely outside of the FWCD right-of-way and are on private property. The surveys were performed for 8151 Street, 851' Street, 87th Street, 134"' Court, and 1091' Street. The following table outlines Staff's review of the surveys. Summary of Fellsmere Roads Surveyed Roadway Segment Roadway Segment Located Within or Outside of FWCD Right -of -Way (R/W) Roadway County Maintained? 85th Street east of 103rd Avenue (Willow Street) Entirely within FWCD R/W Yes 109th Street west of 141st Avenue (Park Lateral) Entirely within FWCD R/W No 85th Street west of 103rd Avenue (Willow Street) 2/3 of the roadway is outside of the FWCD R/W on private property. No 81st Street (west side of Willow Street) Outside of the FWCD R/W No 81st Street (east side of Willow Street) Majority of the roadway is outside of the FWCD R/W Yes 87th Street (east side of Willow Street) Majority of the roadway is outside of the FWCD R/W Yes 87th Street (west side of Willow Street) Majority of the roadway is outside of the FWCD R/W No 134th Court (South Carolina Avenue north to 109th Street) No record of a FWCD R/W or right of way/easements dedicated to the County for 134th Court. Based on aerial photographs from 1964, 134th Court was constructed prior to 1964. Yes, 134th Court maintained by the County since 1993. Based on the limited evaluation of roadway locations, the County is currently maintaining roadways that are on private property Pursuant to section 95.361, Florida Statutes, if the County has regularly maintained or repaired a road for the immediate past seven years, such road shall be deemed to be dedicated to the public. Filing a maintenance map for such roads would be deemed prima facie evidence of ownership by the County. C \Users\rsrpvrka\Desktop\I:cllsmere Water Control District Roadways\Fellsmeie Unpaved Road Mainicnance Agenda for June 27 2016.doc 2 Page 3 of 7 Fellsmere Road Maintenance Workshop For June 27, 2016 The current maintenance of these roads presents two main liability issues. The first involves liability related to individuals utilizing these roads, whether as drivers or pedestrians. It is recommended that for those roads located within the FWCD R/W and subject to the 1975 agreement, that the agreement be amended to include appropriate hold harmless and indemnification language protecting the County. The second involves potential liability for any possible flooding of adjacent properties. It is recommended that the County work with the FWCD to amend the 1975 agreement to allow for drainage into the FWCD canals, thus protecting private property. With respect to roads that the County may maintain in the future, it is recommended that, in addition to working with the FWCD,'the County also obtain any necessary drainage easements from adjacent property owners. With respect to roads that the County may maintain in the future, the County may also be exposed to potential takings claims from adjacent property owners. County staff would prefer to avoid potentially contentious and costly property takings, therefore, the County should obtain the right-of-way and/or easements from the adjacent property owners in order to maintain the roads and provide for drainage, which is consistent with Florida Attorney General guidance. Utilizing the above information staff has several options for the Board to consider. They are as follows: Option 1: Grading of all remaining unpaved roads currently not maintained by the County. Establish an additional grading route for the remainder of all unpaved roads currently not maintained by the County that are located in the unincorporated area of Fellsmere without establishing MSBU or MSTU programs for funding regardless of approval/consent of all adjacent property owners where stormwater runoff may be directed to the adjacent properties and where the unpaved road is located outside of the FWCD drainage right-of-way. This will require the addition of another grader, equipment operator, material, and equipment operating costs which are approximately $165,626 for the first year of maintenance, plus additional material to bring the unpaved roads that are not currently maintained up to minimal standards and the cost for obtaining those portions of the roadway located outside of the right-of-way. The cost for additional material on roadways that are not currently maintained by the County will depend on the Fellsmere Water Control Districts policy for directing the stormwater runoff into the FWCD ditches rather than onto private property. The estimated annual cost ($165,626) of this option equates to 0.0221 mills in the Unincorporated Area M.S.T.U. Fund, which would be a 2 1% increase from the current rate. It should also be noted that the County has approximately 140 total miles of unpaved and unmaintained roadways throughout the County. Therefore, a decision to maintain roadways within this area may result in additional requests for the County to maintain these other roadways. Staff estimates that to maintain all 140 miles of unpaved and unmaintained roadways it would require a total of four (4) additional grader routes at a cost of over $650,000 per year, which would equate to an 8.4% increase in the Unincorporated Area M.S.T.0 FUND, plus an undetermined cost for material necessary to bring the unpaved roadways up to minimum standards. To ensure public safety, the application of the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (Green Book Standards) to all roadways that are currently not maintained by the County will be necessary. C'lUsers\rszpyrka\Desktop\Fellsmere Water C onool District Roadways\Fellsmew Unpaved Road Ntamtenancc Agenda for June 27, 2016.doc 3 Page 4 of 7 Fellsmere Road Maintenance Workshop For June 27, 2016 Option 2: Grading of certain unpaved roads not currently maintained by the County. Grade certain unpaved roads located in the unincorporated area of Fellsmere that meet an established percentage of developed lots without additional funding for maintenance regardless of approval/consent of all adjacent property owners where stormwater runoff is directed to the adjacent properties and where the unpaved road is located outside of the FWCD drainage right-of-way. Staff recommends a percentage of 66 2/3% in keeping with the current percentage established for other programs for road paving and petition millings programs. There will be an additional cost for material to bring the roadway up to minimum standards and the cost for obtaining those portions of the roadway located outside 6f the right-of-way. Depending upon the number of roads that meet this criteria, this option could be implemented without the immediate need to add a grader route. At some point, as more roads are added to the grading schedule, the additional grader route would need to be established. The timing of this change would depend upon the pace of development of the general area. To ensure public safety, the application of the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (Green Book Standards) to all roadways that are currently not maintained by the County will be necessary. Option 3: Create a Municipal Services Taxing Unit (MSTU) or Municipal Services Benefit Unit (MSBU) for all properties on unpaved roads within the Fellsmere area: • Create MSTU boundary area and establish the number of participating properties. • Public Works staff shall evaluate all unpaved roads to compile an estimated cost to improve the unpaved roads to acceptable public safety and maintenance levels per Florida Green Book Standards. This includes analysis and permitting to direct stormwater runoff into the FWCD ditch system rather than onto private property for the roadways that are not currently maintained by the County. • Perform survey on all unpaved roads to establish the actual location of the existing unpaved roads with respect to the available FWCD drainage right-of-way. • Obtain right-of-way from each property owner for all sections of existing unpaved roadways that are outside of the FWCD right-of-way and that are not currently maintained by the County. • File maintenance maps for all sections of existing unpaved roadways that are outside of the FWCD right-of-way that are currently maintained by the County for the minimum statutory period. • Obtain authority from each property owner to direct stormwater runoff from the unpaved roadway onto private property. • This option will require the addition of another grader, equipment operator, material, and equipment operating costs which are approximately $165,626.00 for the first year plus the cost of material to improve the unpaved roadways to Florida Green Book Standards and the cost of obtaining any necessary right-of-way. The cost for additional material on roadways that are not currently maintained by the County will depend on the Fellsmere Water Control Districts policy for directing the stormwater runoff into the FWCD ditches rather than onto private property. • To ensure public safety, the application of the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (Green Book Standards) to all roadways that are currently not maintained by the County will be necessary. C:\thets%tsrpytka\Ucsktop\Fcllsrncic Watcr Cnnuul I)isitio Rrwtdways;fellsmerc Ilnpaved Road Maintenance Agenda tut June 27, 2016.doc 4 Page 5 of 7 Fellsmere Road Maintenance Workshop For June 27, 2016 Staff has conducted a basic analysis of the area that would be covered by an MSTU or MSBU for road grading proposed in this option. The total taxable value and acreage of parcels, as well as estimated assessment rates is shown in the tables below. The first table shows the estimated millage rate for an MSTU established to finance the cost of Option 3. Based upon the 2015 taxable value, the estimated millage rate would be 1.4981 mills. It should be noted here that the County provides a 25% contribution when an area is assessed for road paving or road millings. Based upon this policy, it may be appropriate to provide a 25% contribution to offset the costs for the area property owners. This would reduce the millage rate to 1.1236 mills The owner of a property with a taxable value of $150,000 would pay an annual tax of $168.54 under this option. Estimated Impact — MSTU Funding for Option 3 Item Description Est. Annual Amount Annual Operating Costs $165,626 5% Revenue Collection Factor $8,717 Gross Assessment Revenue Required $174,343 Taxable Value - 2015 $116,378,430 Est. Millage Rate —100% Assessment 1.4981 mills Less 25% County Contribution (0.3745 mills) Est. Millage Rate — 75% Assessment 1.1236 mills Typical House Analysis Assume $150,000Taxable Value Typical House Estimated Ad Valorem Impact $168.54 Note: The table above is an estimate only. It is based upon annual estimated operating costs associated with the new grader route It does not include funding for additional material that may be needed to establish a proper road base. It also does not include any funding for right of way and - or easements that need to be acquired as many roadways fall partially or fully on private property. The cost to bring these roads up to Green Book Standards will be significant. A cost estimate has not been provided here, since these costs will vorysignificantly based upon the unique conditions of each roadway. C:\Dscrs\rszpyrka\Desktop\Pellsmcre Rater Control District RoadwaysWellsmerc Unpaved Road Maintenance Agenda for June 27, 201(i.doc f 5 Page 6 of 7 Fellsmere Road Maintenance Workshop For June 27, 2016 The table below shows the impact of an MSBU on property within the area to fund this option According to available records, the area contains about 9,500 parcel acres. This would result in a charge of about $18.50 per parcel acre. If the 25% contribution from the County is applied, this would reduce the assessment rate to about $14.00 per parcel acre. Estimated Impact — MSBU Funding for Option 3 Item Description Est. Annual Amount Annual Operating Costs $165,626 5% Revenue Collection Factor $8,717 Gross Assessment Revenue Required $174,343 Estimated Number of Parcel Acres 9,500 Estimated Charge — 100% Assessment $18.50 per Parcel Acre Less 25% County Contribution ($4.50 per Parcel Acre) Est. Charge — 75% Assessment $14.00 per Parcel Acre Typical House Analysis Assume 10 Acre Parcel Typical House Estimated Ad Valorem Impact $140.00 Note: The table above is on estimate only. It is based upon annual estimated operating costs associated with the new grader route. It does not include funding for additional material that may be needed to establish a proper road base. It also does not include any funding for right of way and - or easements that need to be acquired as many roadways fall partially or fully on private property. Option 4: Create a Municipal Services Benefit Unit (MSBU) for qualifying individual unpaved roads: • Establish a percentage of homes on a street to qualify for County Maintenance. Staff recommends a percentage of 66 2/3% in keeping with the current percentage established for other programs for road paving and petition millings programs. • Public Works staff to evaluate qualifying unpaved roads to compile an estimated cost to improve unpaved roads to acceptable public safety and maintenance levels. This includes additional fill material and an analysis of stormwater runoff into the FWCD ditch system. • Perform survey on all qualifying unpaved roads to establish the actual location of the existing unpaved roads with respect to the available FWCD drainage right-of-way. • Staff would contact property owners to obtain right-of-way from each property owner for all sections of existing roadways that are outside of the FWCD right-of-way. • Obtain authority from each property owner to direct stormwater runoff from the roadway onto private property • To ensure public safety, the application of the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (Green Book Standards) to all roadways that are currently not maintained by the County will be necessary. C \UxrsUszpyrka\DesktuplFellsmere Water Control District Roadways\Fcllsrnere Unpa%cd Road Maintenance Agenda for lune 27 2016.doc j s '6 Page 7 of 7 Fellsmere Road Maintenance Workshop For June 27, 2016 The cost to establish and maintain each roadway may differ based upon conditions in the specific area However, the $18.50 per parcel acre charge under Option 3 (and $14.00 per parcel acre assuming a 25% County contribution) provide a general indication of the estimated costs. As each new MSBU is established, an actual rate would be determined based upon costs of the roadways included. The following are necessary requirements to implement any of the above options. • Per Florida Attorney General's guidance, in order to comply with the public purpose doctrine either 100% of the cost for work on private property must be borne by the property owners or the entire roadway outside of the existing Fellsmere Water Control District must be dedicated to the public. • Update current agreement with Fellsmere Water Control District (FWCD) to indemnify and hold harmless Indian River County for all claims related to the drainage right -of way for access • Update current agreement with FWCD to define roadway maintenance as maintenance of the FWCD access road for drainage canals/ditches. • Include in the agreement a requirement authorizing the direct discharge of stormwater runoff from the unpaved roadways into the FWCD ditch system. RECOMMENDATION Staff recommends Option 4 to the Board for implementation to include the above necessary requirements. ATTACHMENTS 2004 Unmaintained Road Study Executive Summary Fellsmere Street Sweeper and Road Grading Routes DISTRIBUTION APPROVED WORKSHOP AGENDA ITEM FOR June 27, 2016 BY ?Cola Indian River C—ty pr Data Administration Gj Budget AS 1�� �j Legal YubRc Works Engineering CALIsctslrszpptka\DesktoplFrllsmcre Water Control Dinuict Roadways\Fellsmere Unpaved Road Maintenance Agenda foi June 27 2U16.doc EXECUTIVE SUMMARY In July 2003, the Board of County Commissioners approved a contract with Carter Associates, Inc., a local Engineering firm, to work with staff in analyzing and recommending to the Board a policy on improving and maintaining unmaintained roads in developing areas throughout the County. The Study is complete and ready for consideration. Inventory — The Consultant and staff have inventoried 27.25 miles of unmaintained roads as a representative sample of the estimated 142 miles of unmaintained roadway corridors within the unincorporated area. The study inventories various road attributes such as right- of-way width, road condition, drainage, potential number of dwelling units that will be served by the road, projected future traffic count, etc. Based upon this inventory, the roads were classified I through VI based upon potential future traffic count and cross-section. Table 1 includes inventory data. Alternative Designs — From the inventory data, it is obvious that right-of-way width is deficient and road improvements are needed to provide a safe, two-way roadway. Based upon existing and potential use of the road, six typical roadway sections are provided on page 5 and 6 of the study. The typical section defines right-of-way needed, road width, clear zones and drainage. Staff prefers paved roads as being the most economical in the 15-20 year life, especially if the projected traffic count is greater than 400 vehicles perday. Paved roads also reduce silt -laden stormwater from entering the Indian River Lagoon. Cost — Depending upon which typical section is selected based upon annual average traffic count, the cost to improve the road ranges from $37 per lineal foot (unpaved road) to $100 per lineal foot (paved road). Rights -of -Way — Since many of the roads are not within County platted right-of-way, property owners would be requested to donate needed right-of-way. In many cases, utility poles, fences, etc., would have to be relocated. Staff assumes there would be no cost to the County for this work. FS 298 Water Control Districts and Property Owner Associations would be requested to allow use of existing rights-of-way for permanent roadways. Interlocal agreements with drainage districts may be needed. Private subdivisions will require the consent of 100% of their property owners. Fundinq — Since many of the subject rights-of-way have not been owned and accepted by the County for public road maintenance in the past, the standard petition paving 25% County cost share for improvements would not apply. This has historically been the case in private subdivisions such as Westside Subdivision, Country Walk Subdivision, etc. If the County already owns the right-of-way by deed or plat (such as 84th Avenue, south of CR 510) then county funding could apply. The recommended funding options include 100% Special Assessments for smaller benefited areas (less than 40acres) or Municipal Service Benefit Units (MSBU) for benefited areas greater than 40 acres. For those roads currently NAGAS\P\02-88E IRC ROAD INV\REPOR'r\UNMAINTA[NED ROAD STUDY -EXECUTIVE SUMMARY-IWD.DOC 8 EXECUTIVE SUMMARY (CONTINUED) owned and dedicated to the County, the County could apply for stormwater grants for paving or utilize gas tax revenue, 1 -cent local option sales tax revenue, or similar revenue. After the improvements are constructed, a maintenance agreement could apply similar to the agreement currently in place with the Fellsmere Farms Water Control District. If the right-of-way were dedicated to the County, the maintenance would be absorbed into the Road & Bridge Division program without a maintenance agreement. The cost to maintain an unpaved roadway is $2,000-$3,000 per mile, per year. Implementation —If the Board approves the study, staff would notify those property owners, which have requested County maintenance of the above program. A petition process would be initiated and if 100% of the effected property owners consent, right-of-way acquisition (by donation) would proceed, if necessary. After right-of-way is acquired, a preliminary design would proceed, from which a road improvement estimate is prepared. The limits of the benefited area would be defined for special assessment or MSBU hearings. 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