APRIL 9, 1981

The Lake County Board of County Commissioners met in Special Session on Thursday, April 9, 1981 at 1:30 P.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude Smoak; James R. Carson, Jr.; and C. A. "Lex" Deems. Others present were: Mike Willett, Development & Public Works Director and Mary Grover.


Mike Willett, Development & Public Works Director, presented a summary regarding the Policy & Program Development on Roads. The following topics were discussed:

I . Expansion of the County road system by taking in 100 miles of clay roads in the next five (5) years.

A. Procedures and classification - It was noted the most important aspect of accepting a minimum of 100 miles of clay roads was the procedure and classification of these roads in order that they can be accepted economically and still serve the most amount of people.

B. Cost - It was pointed out the estimated cost for the clay roads would be $150,000.00 operating cost at the end of the fifth year and at the most, $700,000.00 capital improvement cost in additional clay pits.

Mr. Willett stated the cost of bringing the clay roads up to County standards including drainage would be borne by the property owners within the development and if they are going to bring them up to only the clay road standards, they will not be allowed to use the Lien Assessment program. He suggested the Board put their full-faith credit behind the bonds for the Lien Assessment program. He further suggested the Lien Assessment program only be used to bring roads up to County paved road standards. Mr. Willett presented a County Clay Road Evaluation & Assessment Procedure Form.

II. Upgrading of existing County road system.

Mr. Willett stated the County needs to establish a priority system for the paving of roads which would place the emphasis on collectors and arterials. He stated local streets should either be done on a one-third basis or when they are extreme maintenance problems. He suggested the County go back to double surfacing roads that are low traffic volume roads which will increase the 147.148 efficiency of the maintenance operation. He further suggested the Board consider adopting an impact fee system for developers, based on the capacity of a collector or arterial that they use, instead of requiring them to be fully responsible for an existing road even though they do not use the total capacity.

Mr. Willett stated one disadvantage of going to impact fees is that they will be challenged in court by the Homebuilders Association.

Mr. Willett recommended a five year program to pave the roads. He further recommended the developer be responsible for the paving.

At this time, Barry Barnett, Pine Lakes, addressed the Board complimenting Commr. Windram and Mike Willett for the help Pine Lakes had received with their road problems.

III. Lots of Record

Mr. Larry Schuster, Associate Planner, stated he had contacted eight (8) counties in researching lots of record. He defined lots of record as being a planned subdivision which has been recorded by the Clerk's Office; a legal lot. He stated the three principles which judges have ruled on regarding impact fees were:

1 . There must be a reasonable need for augmented services to accomodate new growth.

2 . The impact fee must be solely equal to the proportionate share of capital facilities costs prorated to the new residents.

3 . The fees must be earmarked for the required expansion so they benefit the payers.

Mr. Schuster further stated impact fees are regressive, not tax deductible, new subdivisions would be exempt, and cost of improvements could go up.

The Counties which Mr. Schuster had research the lots of record were: Indian River, Collier, Sarasota, Brevard, Orange, Seminole, Volusia and West Palm. He presented a brief report on how each County handles lots of record.

Mr. Willett stated his list of priorities for the road system:

1 . Clay roads

2 . Lots of record

3 . Get more details on impact fees

4 . Implementing double surface treatment on existing road


5 . Policy

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:40 P.M.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk