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Leon County
Board of County Commissioners Agenda Item#19 January 24, 2023 |
| To: | Honorable Chairman and Members of the Board |
| From: | Vincent S. Long, County Administrator |
| Title: | Consideration of Street Lights and Funding Options for School Bus Stop Locations |
| Review and Approval: | Vincent S. Long, County Administrator |
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Department/Division Review and Approval: |
Alan Rosenzweig, Deputy County Administrator Ken Morris, Assistant County Administrator Brent Pell, Director, Public Works |
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Lead Staff/ Project Team: |
Charles Wu, Director, Engineering Services Tim Barden, Administrative Services Manager Scott Brockmeier, Chief Development Resources Officer |
Statement of Issue:
As requested by the Board, this item provides an overview of the County’s Street Lighting Program and policy alternatives for consideration should the Board wish to install street lights at bus stop locations in unincorporated Leon County.
Fiscal Impact:
This item has no fiscal impact. The County allocates $125,000 annually for the installation of new street lights at roadways and intersections inside the Urban Services Area. Several policy alternatives are provided in this item for consideration. Based on the Board’s direction, additional program and fiscal impact information will be brought back during the budget process.
Staff Recommendation:
Option #5: Board direction.
Report and Discussion
Background:
On September 13, 2022, staff was directed to bring an agenda item back to the Board to consider amending Policy No. 17-2, “Street Lighting Eligibility Criteria and Implementation Policy,” to include the installation of street lights at school bus stop locations in the unincorporated area. This item provides an overview of the County’s Street Lighting Policy/Program and provides options/ alternatives for consideration should the Board wish to install street lights at bus stop locations in unincorporated Leon County. These alternatives include varying levels of service and program structures should the Board wish to light every bus stop in short order, take a phased approach with annual funding allocations, provide street lights upon request/petition by residents, make minor revisions to the existing policy, or take no further action.
On February 7, 2017, the Board adopted Policy No. 17-2, “Street Lighting Eligibility Criteria and Implementation Policy” which established the criteria to be used to evaluate and prioritize street light installations within the Urban Services Area (USA) of unincorporated Leon County. The County’s Street Lighting Program was designed to enhance traffic safety on the roads and intersections where it is needed most and, absent Board approval of an exception, prohibits street lighting projects within subdivisions or outside the USA as explained later in this item. The emphasis on projects within the USA aligned with the greatest traffic safety needs based on nighttime crash data, vehicular traffic, roadway speed limits and other criteria described in the Policy. The existing Policy does not include consideration for school bus stop locations as part of the traffic safety criteria for identifying or prioritizing street light installations.
Pursuant to the Policy, a status report on the prioritization of street light projects is provided to the Board annually with a listing of projects based on available funding. The County also works with the Florida Department of Transportation (FDOT) for joint funding of County/State roadway intersections within the USA. For State roads outside the USA, the County may request FDOT to perform a traffic study to assess safety enhancements such as a traffic signal, lighting, signage, speed limit adjustments, repainting, etc. Each year, Public Works coordinates with FDOT and electric service providers to design and install street lights at the approved intersections and roadways to advance the following FY2022-FY2026 Strategic Initiative:
Public Works does not receive many requests for street lights at school bus stop locations. Historically, the County had not provided urban services such as street lighting prior to the adoption of the Street Lighting Policy nor are street lights required for new residential subdivisions in the unincorporated area including the USA. In 2016, the County experienced an increase in citizen requests for street lights for visibility enhancements for both drivers and pedestrians in the unincorporated areas of the County. The requests generally were either for neighborhood lighting or for intersections and other roadway segments. In response, an analysis was presented to the Board detailing the neighborhood lighting options provided by both Talquin Electric and the City of Tallahassee Electric Utilities (as Leon County is not an electric utility provider). These respective programs allow street lights to be installed for an individual homeowner or for an entire neighborhood through a homeowner association, as long as the individual homeowner or association enter into an agreement with the utility provider for payment of the lights and ongoing maintenance. At that time, the Board also directed staff to develop a formal policy with specific criteria for the placement of street lights on County roads and intersections and established an initial $125,000 capital improvement project as part of the FY 2017 budget. The County continues to budget $125,000 annually for the installation of new street lights which is now provided through the Livable Infrastructure For Everyone (L.I.F.E.) sales tax program.
In determining street lighting projects to be provided annually, the Policy prioritizes intersections with incidents of nighttime crashes above all other criteria including traffic volume, posted speed limits, and the presence of pedestrian crosswalks/sidewalks. Since 2017, street lights have been installed at 22 signalized intersections in the unincorporated area under the County’s Street Lighting Program and another 11 signalized intersections received street light enhancements by FDOT. At this time, only four signalized intersections in the unincorporated USA are awaiting street lights which are to be installed by FDOT along state roadways. Following in the completion of County street light projects at the signalized intersections, the County shifted its focus in 2022 per the Policy to unsignalized intersections. To date, four of street lights have been installed at unsignalized intersections and four more are scheduled for installation.
Analysis:
Created in 2017, the County’s Street Lighting Program was designed to enhance traffic safety by focusing on intersections and road segments within the unincorporated portion of the USA with an emphasis on nighttime crash rates at intersections above all other criteria. The focus on intersections and roadway segments within the USA is consistent with the greatest traffic safety needs and does not take into consideration the location of school bus stops. Subdivisions were excluded because local utility providers have available and highly utilized programs to support neighborhood requests for street lights at their own expense. Given the lower nighttime crash rates, traffic volume, and rural character of much of the unincorporated area outside the USA, the lack of street lights was not seen as a detriment, but rather part of a rural lifestyle. In addition, local organizations and advocacy groups representing rural residents have traditionally opposed the expansion of urban services such as sidewalks and streetlights in rural communities.
Based on the Board’s direction, staff reviewed the existing Street Lighting Policy and evaluation criteria, surveyed other counties to determine if/how they prioritize lighting at school bus stops, and determine how other jurisdictions pay for the installation and ongoing costs. Staff also analyzed the school start times and bus routes as they relate to students being picked up in the mornings before sunrise. As a result, this analysis provides several policy alternatives for consideration should the Board wish to install street lights at bus stop locations in unincorporated Leon County. The policy alternatives offer varying levels of service and program structures to be further refined based on the Board’s guidance. The main elements for the Board to consider include:
Leon County GIS maintains an interactive map of all public-school bus stop locations in Leon County. According to the data provided by Leon County Schools (LCS), there are 924 unique bus stop locations in unincorporated Leon County. A unique bus stop location is an intersection or street address which provides for at least one LCS bus stop. In many cases, an intersection or street address provides for multiple bus stops to serve children of different school levels (elementary, middle, and high schools). LCS determines the bus stops and routes on an annual basis and has no immediate plans to install street lights at these locations. LCS also determines the school start times which correlate to the availability of school buses and drivers that often serve multiple routes each day. As a result, morning start times differ by school level resulting in some students waiting for the bus in the dark at certain times of the school year.
Most high schools start by 7:30 a.m., elementary schools start by 8:30 a.m., and middle schools begin by 9:30 a.m. The buses begin their routes to pick up elementary school students after students have been dropped off at area high schools. During the school calendar year, sunrise generally occurs before 7:30 a.m. most days. For about one-third of the school year, sunrise generally occurs between 7:30 – 8:00 a.m. during the final month of Daylight Savings Time in the fall, the month of January in the winter, and the first two weeks of Daylight Savings Time in the spring. It is during these intermittent periods when the County may receive inquiries about street lights at bus stops. High school students without their own transportation are most likely to be waiting for a school bus before sunrise. Middle school students are the least likely because of their 9:30 a.m. start time. Elementary school students must wait for the bus in the dark at certain times of the school year but are encouraged by LCS to be in the company of an adult.
Parents seeking street lights at school bus stops is not unique to Leon County. Given the significant number of school bus stop locations in unincorporated Leon County and the potential capital investment that would be required to light each location, a survey was developed to determine how other Florida counties address requests for street lights including at school bus stops. The survey sought input from like-sized and large counties to evaluate the practices of local governments with rural and suburban populations. Responses were received from the following ten counties: Bay, Escambia, Hernando, Hillsborough, Manatee, Orange, Palm Beach, St. Johns, Sumter, and St. Lucie Counties.
Survey Results: County Street Light Programs
The results of the survey find that none of the counties proactively install street lights at school bus stop locations but there are options available for property owners to secure street lights at their own expense. The survey respondents emphasized that their efforts related to street lights focus on major corridors and intersections for traffic safety purposes and, in most cases, refer requests for street lights at bus stops to the cities and utility providers within their jurisdiction. Most counties described their local utility providers as having similar programs as Talquin and City Utilities whereby residential subdivisions directly arrange for the installation of street lights at desired locations.
St. Lucie, St. Johns, Hernando, Orange, Manatee, and Palm Beach Counties each go a step further by offering programs to accommodate neighborhoods that desire street lights but do not have an active homeowner association to collect and remit payment to their utility provider. In these instances, whereby residents want street lights and are willing to pay for them, the counties utilize a non-ad valorem special assessment to accommodate these requests by petition. In turn, property owners that benefit from the street light(s) are assessed the installation and ongoing operating costs each year for the desired street lights similar to the County’s 2/3 Private Road and Maintenance Program.
And finally, several respondents noted that the sheer number of bus stop locations within their respective counties would make it cost prohibitive to proactively install street lights at school bus stop locations. Further, bus stop locations can fluctuate, more so in rural communities where bus stops may serve fewer students or be located at the end of one student’s driveway. This is why several counties only provide street lights through Municipal Service Benefit Unit (MSBU), which may impose a non-ad valorem special assessment. An MSBU is an assessment district created to fund a one-time and/or ongoing public service. In Florida, MSBU’s are common funding strategies for capital projects such as the installation of utility infrastructure, road paving, street lighting, and sidewalks. A public hearing to consider the proposed assessment and notice by mail is required in order to place the MSBU assessment on property tax bills.
Several policy alternatives are provided in the remainder of this item for Board consideration. These alternatives include varying levels of service and program structures should the Board wish to light every bus stop in short order, take a phased approach with annual funding allocations, provide street lights upon request/petition by residents, make minor revisions to the existing policy, or take no further action.
MSBU Street Light Districts by Petition
Should the Board wish to make street lights available at school bus stop locations at the request of a neighborhood or group of residents that are not part of a homeowner association, the Board can provide direction to staff to bring back a draft ordinance for an MSBU program which sets forth the purpose, scope, application requirements, and formula for determining the “unit of benefit” for the installation and ongoing costs of street lights. There may also be additional requirements or agreements with the utility providers that would need to be addressed should an ordinance be approved.
This policy alternative would create a responsive program that is accessible to residents through a petition and application process similar to the County’s two-thirds road paving program. It is structured to provide the designed level of service based on the application by resident and would complement the existing programs offered by local utility providers. Depending on the level of demand, it may also result in a large number of small street lighting districts as has been the case in other counties. For example, Hernando County reports having 25 residential street lighting districts that utilize MSBUs while Orange County has 1,500 MSBUs for residential street lights that service over 181,000 individual lots.
Based on the Board’s guidance, additional analysis on the establishment of an MSBU Street Light District by Petition could be brought back as a budget discussion item.
One County-wide MSTU Street Light District
Should the Board find that street lights at school bus stops are an essential public necessity to be provided by the County, the Board may wish to provide direction to bring back a draft ordinance for the creation of a single County-wide MSTU Street Light District for all of unincorporated Leon County. An MSTU is an ad valorem tax that would be levied equally on property in unincorporated Leon County without consideration to the direct benefit of individual property owners. It would work much like the MSTU for EMS but would be limited to the unincorporated area.
This policy alternative assumes strong demand for street lights at bus stop locations and provides the resources to meet the demand quickly and reliably. By foregoing individual street light districts created by petition, the County-wide MSTU would limit the number of applications to be considered by the County, public hearings to be held by the Board, and would require direct mail notices to go out at one time to property owners in unincorporated Leon County. This proactive County-wide approach may result in opposition to the placement of street lights in rural sections of the community.
The tax would be based on the cost of installing street lights at all bus stops locations in unincorporated Leon County and would provide adequate funding to ensure the provision of street lights at all 924 bus stop locations. The recurring utility costs would continue to be paid with the revenue collected through the MSTU each year. Based on the Board’s guidance, additional analysis on the estimated County-wide levy and cost to individual property owners could be brought back as a budget discussion item.
Revise Existing Street Lighting Policy
Under the Street Lighting Program which focuses on road segments and intersections within the USA, the County completed the installation of street lights at all of its signalized intersections. Consistent with the Policy, the next project priority is the installation of street lights at unsignalized intersections. The Board may wish to provide direction to staff to revise the existing Street Lighting Policy to evaluate and prioritize requests for street lights at school bus locations anywhere in unincorporated Leon County. This would allow school bus stop locations to be considered for street light installation with a measured approach by the County regardless of the USA boundary.
Like the MSBU Street Light Districts by petition, this policy alternative would be responsive to resident requests, subject to available funding, but would not require the creation of small special taxing districts. At the Board’s direction, staff can bring back draft revisions to the Street Lighting Policy to expand the service beyond the USA and to evaluate and prioritize requests for lights at school bus stop locations. Revisions to the existing Policy would continue to exclude subdivisions which have the ability to work directly with utility providers. The budget discussion item would also provide options to increase the annual funding level for the Street Light Program in anticipation of requests for street lights at bus stops.
Summary
Leon County’s Street Lighting Policy does not take school bus stop locations into consideration with regard to the eligibility criteria and prioritization of street light installations. Since 2017, the County has budgeted $125,000 annually to install street lights at intersections and road segments within the USA of the unincorporated area. The Policy excludes the installation of street lights within residential subdivisions and in rural sections of the County (outside the USA) absent Board approval to make an exception.
Leon County GIS maintains an interactive map of all public-school bus stop locations in Leon County. According to the data provided by LCS, there are 924 unique bus stop locations in unincorporated Leon County. Most (approximately 530) are within the USA where bus stops are concentrated in large residential subdivisions and street lights are more prevalent. A unique bus stop location is an intersection or street address which provides for at least one LCS bus stop.
Public Works does not receive many requests for street lights at school bus stop locations. However, certain times of the school year draw greater attention when students wait for school buses in the morning while it is still dark outside. This most often occurs when the clocks change back to Standard Time in the fall, the short month of winter daylight in January, and the first two weeks of Daylight Savings Time in the spring. School start times and bus routes also play a role in students waiting for the bus in the dark at certain times of the school year. High school students without their own transportation are most likely to be waiting for a school bus before sunrise.
According to a survey of 10 like-size and large county governments, none of the counties proactively install street lights at school bus stop locations but there are options available for property owners to secure street lights at their own expense. Several respondents noted that the sheer number of bus stop locations within their respective counties make it cost prohibitive to proactively install street lights at school bus stop locations. Requests for street lights at bus stops are referred to the cities and utility providers within their jurisdiction and most counties described their local utility providers as having similar programs as Talquin and City of Tallahassee Electric Utilities whereby residential subdivisions directly arrange for the installation of street lights at desired locations. For residents that are not part of a homeowner association to coordinate payment with their utility provider, most counties provide street lights through a non-ad valorem special assessment by resident petition. In turn, property owners that benefit from the street light(s) are assessed the installation and ongoing operating costs each year for the desired street lights similar to the County’s 2/3 Private Road and Maintenance Program.
The policy alternatives and funding options presented in this item include varying levels of service and program structures for Board consideration. They include maintaining the status quo, a measured approach of making small revisions to the existing Policy to allow for street lights at school buses and an increase in annual funding for the Street Light Program, an ability to provide street lights at the request and expense of beneficiaries when residents are unable to secure lights directly from their utility provider, and an ability to proactively install a street light at every bus stop location through a special purpose tax on all properties in unincorporated Leon County:
Should the Board choose to take a measured approach in the expansion of services related to street lights, the Board may wish to direct staff to bring back a budget discussion item to consider additional funding and revisions to the Street Lighting Policy to evaluate and prioritize requests for lights at school bus stop locations anywhere in unincorporated Leon County regardless of the USA boundary. Revisions to the existing Policy would continue to exclude subdivisions which have the ability to work directly with utility providers. The budget discussion item would also provide options to increase the annual funding level for the Street Light Program in anticipation of future requests. Like the MSBU Street Light Districts by Petition, this policy alternative would be responsive to resident requests and structured to complement the existing programs offered by local utility providers but would not require the creation of a special taxing district.
Should the Board wish to make street lights available at school bus stop locations at the request of a neighborhood or group of residents that are not part of a homeowner association, the Board may provide direction to staff to bring back a budget discussion item with a draft ordinance for the creation of an MSBU program which sets forth the purpose, scope, application requirements, and formula for determining the “unit of benefit” for the installation and ongoing costs of street lights. An MSBU Street Light District would impose a non-ad valorem special assessment on property to fund the requested services similar to the County’s two-thirds road paving program. A public hearing and notice by mail would be required to create an MSBU Street Light District and place the MSBU assessment on property tax bills.
Alternatively, should the Board find that street lights at school bus stops are an essential public necessity to be provided by the County, the Board may wish to provide direction to bring back a budget discussion item with a draft ordinance for the creation of a single County-wide MSTU Street Light District for all of unincorporated Leon County. An MSTU is an ad valorem tax that would be levied equally on property in unincorporated Leon County without consideration to the direct benefit of individual property owners. It would work much like the MSTU for EMS but would be limited to the unincorporated area.
This policy alternative assumes strong demand for street lights at bus stop locations and provides the resources to meet the demand quickly and reliably. This special purpose tax would be based on the cost of installing street lights at all bus stops locations in unincorporated Leon County and would require a public hearing and direct mail notices. The recurring utility costs would continue to be paid with the revenue collected through the MSTU each year.
Based on the Board’s guidance, additional analysis on the estimated County-wide MSTU levy and cost to individual property owners would be brought back as a budget discussion item with information on the required next steps.
Options:
Recommendation:
Option #5 - Board direction.
Attachment: