Commissioner's contemplate private taxing entity

By Judith Pannebaker

Brandishing his “not-quite-ready-for-PowerPoint” visual aids, Bandera County Precinct 2 Commissioner Bobby Harris expressed a reluctance to put his stamp of approval on a proposed Lakehills housing development that would, coincidentally, also serve as a taxing entity.

Although developers failed to get what they desired, they noted they “would be seeing commissioners” during the next couple of years.

Live Oak Improvement District No. 1

At a special meeting on Monday, April 27, representatives from the Live Oak Improvement District No. 1 made a second appearance before commissioners court. During an initial visit on April 9, they had apprised commissioners about “unofficial” preliminary plans for the upscale subdivision.

This week, Project Manager Timothy Barton, Vice President of Project Management Michael Matthews and attorney Buck Benson asked commissioners to approve a resolution stating that they have no objection to the special legislation for the creation of a special taxing entity within the county.

Enabling legislation would allow Barton, a Dallas-based developer, to seek bond financing for the multi-million dollar project. Levying a tax on subdivision residents would pay off the bond. Bond financing would not exceed $40 million, according to Barton.

Commissioners expressed concern about the possible number of units on the property, which would range from half-acre lots to estate lots of three acres and more. The development would also boast a PGA-style golf course and a small “casita-style” hotel of 75 units. The 600-acre tract would have public water and wastewater systems although, in the earlier meeting, Barton indicated not all the subdivision would be on central utilities.

However, he said that the subdivision would be developed according to county rules.

No faith in TCEQ

No one on the court expressed faith in their ability to oversee important aspects of the development once an application for a permit to construct a wastewater treatment facility had been approved by the Texas Commission on Environmental Quality. “I’m worried about the sewage. This could go on for two years depending on opposition, but it gives final authority to the state, which doesn’t give me a ‘warm and fuzzy feeling’,” said Evans.

Harris voiced objections because developers had failed to submit a preliminary plat, conduct a water availability study or even offer a finite number of proposed homes on the land.

As county engineer Ray Rendon pointed out, with central water and sewer, the 600-acre tract could potentially – and legally – be covered with half-acre lots. “We have only once chance on this tract,” he noted.

Voicing his concerns about sufficient water, Harris said frankly, “This scares the daylights out of me. There’s a potential that 1,500 wells could go dry. Who’s gonna help these taxpayers?”

Harris also expressed discomfort about the development’s likely run-off and wastewater discharge. “This is the second cleanest lake in Texas and guess where your run-off will go? Right in my lake,” he said.

‘No discharge’ permit

Previously, developers had stated they were seeking a “no discharge” permit from TCEQ for the proposed water treatment facility, intending to use treated effluent for irrigating the golf course. However, to an earlier question from Rendon, they admitted they would supplement effluent irrigation with well water, noting, “There would be no green space if we didn’t.”

Barton pointed out that current county development rules would allow the subdivision to contain 400 lots with each having its own well. “I can spend my money tomorrow, but that won’t get us the development we could have if we work together,” he pointed out. “In San Antonio, I’ve spent $10 million and haven’t sold one property.”

“You’re asking me to approve something that might make 1,500 to 3,000 taxpayers spend $10,000 each to dig deeper wells,” Harris countered. “I’m here to protect the taxpayers in my district.”

Evans pointed out that the commercial wells associated with the Live Oak development would be drilled into the Lower Trinity Aquifer, which is not used by private wells. “This will help with the cone of depression that would normally cause problems with private wells,” he observed.

Evans also suggested that developers consult with BMA (Bexar-Medina-Atacosa Water Improvement District No. 1) to see about extracting water from Medina Lake in lieu of using groundwater.
Bottom line

“The bottom line is that we will develop either way,” Matthew said. “Floating bonds will make a better subdivision for everyone. This creates financing that enables us to do it right.”

“In the past, we’ve dealt with developers who have left the county with pockets full of money and left us to deal with the problems,” offered Precinct 4 Commissioner Doug King.

Echoing his colleague’s concern, Precinct 1 Commissioner Bruce Eliker said, “I see a problem with the court endorsing this project before being fully aware of the details.”

Matthews reiterated they weren’t seeking commissioners’ endorsement, but rather a resolution stating that the court did not oppose special legislation.

“I have mixed emotions,” Evans said. “This makes me nervous, but I’d like to see less shallow wells down there.” In the end, Evans cast the only vote in favor of the “no opposition” resolution. By voting against it, however, commissioners expressed confidence they had taken “no position” on the request.

“I expect to get calls from Austin about this,” Evans said.

Using “loving hands at home” visual aids, Precinct 2 Commissioner Bobby Harris explained his reluctance to give what he considered might be carte blanche to developers of a 600-acre tract in his precinct. Harris feared commercial wells to be drilled on the property might cause his constituents’ wells to go dry.