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JAN 2 d W7 <br />4 1 <br />Box 67 <br />fir��,;459 <br />Department of General Services is not complying with the <br />County's comprehensive plan. In this case, the right-of-way is <br />particularly important because of the questionable status of <br />Lundberg Road existing in drainage district right-of-way. If <br />the drainage district exercises its rights and requires removal <br />of the road, the dormitory facility may not have access. <br />Without payment of the $16,000 traffic impact fee, the De- <br />partment of General Services will be impacting the County's <br />road system without compensating the County, as all other <br />applicants must. <br />Two principal alternatives exist with respect to solving this <br />problem. The Board of County Commissioners may take no action, <br />allowing development of the property to continue without ad- <br />herence to County regulations. The second alternative would be <br />for the Board to authorize the staff to initiate legal action <br />against the state Department of General Services to require <br />compliance with applicable County regulation. <br />RECOMMENDATION <br />The planning staff and the legal staff recommend that the Board <br />of County Commissioners authorize staff to initiate legal <br />action against the state. Department of General Services to <br />require compliance with applicable County regulations. <br />Robert Keating, Director of Planning & Zoning, advised that <br />the State Dept. of General Services apparently has been able <br />to circumvent the County's site plan approval process by <br />obtaining a state building permit for the DOC Florida <br />Corrections Academy being bulIT adjacent to the Mueller Center <br />on Lundberg Road. The problem is that we don't have a way to <br />enforce our requirements for them to dedicate the necessary <br />right-of-way and pay $17,000 in traffic impact fees. This is an <br />emergency item because the building permit process is at the <br />point where the traffic impact fee is clicked into place. <br />Attorney Vitunac advised that this litigation will resolve <br />the issue of whether impact fees are applicable to state <br />buildings and schools outside of our School Board district. <br />MOTION WAS MADE by Commissioner Eggert, SECONDED by <br />Commissioner Bowman, that the Board approve staff's <br />recommendation and authorize staff and the Legal Dept. <br />to initiate legal action against the State Dept. of <br />General Service or other appropriate State agency. <br />99 <br />