A lengthy discussion and at times moments of tense disagreements between Feather Bay representative Richard Solis, Brown County Surveyor Don King, and officials from the Brown County Water Improvement District resulted in no action regarding a new proposed plat at commissioner’s court on Monday.
Richard Solis, representing 3D Resorts, the current owner of Feather Bay Development, first approached the court July 12, 2010 hoping for plat approval of the planned Phase III expansion of the subdivision. At that time, concerns of the previous owner’s plans and disappointments faced by land owners and current homeowners in Feather Bay were expressed by some commissioners. Solis said at the time that he would attempt to reassure the court by securing letters of credit which were presented at today’s meeting.
Another concern was availability of utilities. Solis stated that electric lines are available to tie into for service and that Brookesmith SUD would be the water supplier. Wastewater pump and haul by the subdivision has been approved by the state until the development grows to 50 equivalent full times residents in the subdivision. Solis said that a wastewater treatment plant can be brought online after this occurs.
Solis previously explained that if the plat is approved, 467 lots would be available in sizes ranging from 0.19 ac. and larger. There would be 20,000 linear feet of roads and the project would have a central water and sewer system. Solis also explained that the development would take about 2-4 years to complete; however, the result would be adding $12-16 million in properties to the county’s tax rolls.
Since the July meeting, commissioners have been given information to review regarding the Feather Bay master plan and County Surveyor Don King has reviewed the plat offered by Solis.
Solis stated that he believes that the development now meets the requirements of the State of Texas as well as Brown County.
According to Solis, the original survey of the subdivision was performed in 1988 and was very accurate, which he has based his current survey upon, using the field notes and the deed records of the original surveyor, Lloyd Pfingston.
The main concern and reason for disagreement of the County Surveyor and Brown County Water Improvement District is based on water levels, the depth of water front property can drastically change with the shorelines eroding and experiencing siltation. 1425 msl is the base flood elevation and any land measuring less than that is property of BCWID, even if water is not covering the shoreline. Development of property due to flood elevations is very important when building structures officials said. Concerns from King and BCWID representatives, Dennis Spinks and BCWID attorney Bill Bell were that buyers may not realize the actual depth of waterfront lots.
County Judge Ray West intervened, stating during the discussion, “Gentlemen, I hate to interrupt, but this court is really not the time or the place, this court is an administrative body and we are not capable of determining the answer to the dispute. I would suggest that the surveyor for Brown County Water Improvement District and the surveyor for Feather Bay get together and that the issues be resolved before this court will consider the plat ratification. This court is not going to blindly approve a plat in the face a dispute, particularly with another government entity, so if the water district has a problem with it, it is going to have to be resolved.”
The attorney for Feather Bay then quoted a section in the Texas governmental code and stated that he would seek a writ of mandamus to help solve this issue through the courts.
Solis also recited rules of surveying and voice his concerns.
“I know that I cannot be put under pressure to change my boundaries by any governmental body,” stated Solis. He then presented a case to reference from Medina County.
Precinct 2 Commissioner Joel Kelton, stated that he hopes that the dispute can be resolved so that the subdivision can move forward.
“I’ll be glad when we get all the differences resolved and move on with things,” stated Kelton.
Other items on Monday’s Commissioner Court:
*Commissioners did not implement a burn ban this week; however will keep the matter on the agenda for the next meeting which is scheduled for June 6th. Commissioner Gist and Judge West stated that if it looked necessary to implement a ban sooner, they could always call a special meeting of the court.
*Kitty Cavanaugh of the Child Welfare Board read a proclamation declaring the month of May as Foster Parent Appreciation Month. Other members of the Child Welfare Board and some of the Child Protective Agency were present for the proclamation.
*Commissioners approved application to install a water line which includes a road boring for Brookesmith SUD on CR 224.
*Approval of application was received to install a gas line along CR 225 which is 2650 feet along the property of the Foley Wilson Ranch to the County road. This line is being replaced due to leaks within the current gas line.
*Commissioners approved moving an employee in precinct 3 to a foreman position and changing his pay to that of foreman status.
