Published: May 13, 2008 09:37 am         

Laney to BRA: don’t blame us

By Libby Cluett
lcluett@mineralwellsindex.com

PALO PINTO – Discussion continues on what tack the Brazos River Authority will pursue with divesting its leased land.

At Palo Pinto County Commissioners Court on Monday, Precinct 2 Commissioner Ed Laney and County Judge Mike Smiddy presented rebuttal and shared concerns regarding a recent BRA announcement to potentially consider selling their lease holdings in a one-time all-inclusive sale to a third party.

After their April 28 quarterly meeting, BRA board members charged staff to investigate an alternative option to divestiture on an individual-lot basis.

Until the April board meeting, county officials and BRA staff met and exchanged e-mail about the issues involved with selling leases on a lot-by-lot basis. This included discussion on the roads, law enforcement and platting.

The BRA followed the quarterly meeting with a press release, announcing they want staff to examine the feasibility of at all-inclusive sale option.

While BRA staff maintains looking into an all-inclusive sale does not remove other options from the table, it does not sit well with Palo Pinto County officials. It caused Laney and Smiddy to respond with statements on the new option and issues it raises for county citizens.

“Considering that all roads, law enforcement and property involved in the issues we face with the BRA are in Precinct 2, I feel the time has come to make a formal statement,” Laney said at Monday’s Commissioner’s Court meeting.

Laney’s statement:

“First of all, I want to commend the local BRA officials. I truly believe they have tried, to the best of their ability, to work things out with the county for the best interest of the people of Possum Kingdom Lake and Palo Pinto County.

“The BRA now wants to sell property to a third party. This will invite wholesale development that could destroy the natural beauty of Possum Kingdom. The BRA, on many occasions, has stated their intention to keep the natural beauty of Possum Kingdom Lake in pristine condition. Now they seem unconcerned. In addition, selling the property to a third party can only drive up land costs for the current lessees.

“The commissioner’s court appointed the sheriff and I to act as a committee to try to reach workable solutions with the BRA regarding roads and law enforcement. We have worked countless hours along with the invaluable assistance of the county judge and the county auditor in an effort to reach workable solutions.

“Press releases from Waco as of late have blamed Palo Pinto County for BRA problems. This is untrue. Those of us who have lived in the Possum Kingdom Lake area for the majority of their lives have seen the BRA evolve into the position they are in today. The BRA wanted to be in charge of their roads and wanted their land to be patrolled by their officers. Instead of blaming others for their problems, they should look at their own past history. The decisions of previous BRA boards are the reason they are in the position they are in today.

“BRA - don’t blame the citizens of Possum Kingdom.

“BRA - don’t blame Palo Pinto County.

“BRA if you must place blame, look to yourself,” Laney concluded.

***

Following these remarks, Smiddy added his perspective on the issue. BRA Manager of Government and Customer Relations Matt Phillips’ comment last week that BRA staff was “caught off guard with the county’s statement” prompted Smiddy to respond.

“I was completely surprised at the board’s action, especially since the only notice I received was what I read in the newspaper. Considering the level of communication, which we had prior to the board meeting, one has to wonder why we were not at least given some courtesy notice of the change in policy.”

• Smiddy laid out a timetable and background of “negotiations,” which began with County Sheriff Ira Mercer giving him a draft interlocal agreement in March.

“[Mercer] told me that a meeting with BRA staff was set for March 27 and he urged me to attend. This was my first meeting with anyone from BRA. I would not have known about the meeting if the sheriff had not told me,” said Smiddy.

He further explained about the March 27 meeting between the BRA and county staff – including Mercer, auditor Sharon Allen and Laney.

“It was scheduled to last several hours. At the beginning, Commissioner Laney told the BRA staff that he had a funeral to attend that afternoon. I told them that I had other duties at the courthouse and I needed to leave early also,” said Smiddy.

“Very little time was spent discussing road issues. The BRA’s legal counsel said at the beginning of the meeting that she had not read the draft interlocal agreement, which was the subject of the meeting. Far too much time was spent listening to BRA’s counsel talking about issues raised in the proposed agreement. To clarify some points, which we did not reach, I agreed to develop and send a “position letter” on behalf of the county,” he said.

Smiddy said he sent the position letter and exchanged of e-mails, all between the March 27 meeting and April 23.

In last week’s Index, Phillips stated, “Negotiations were initially stand-offish because of the complexity and understanding between the county and BRA.”

• “I fail to see how ‘initial negotiations were standoffish’ when I have been a party to only one meeting where roads, subdivisions and plats were discussed and then for only a few minutes,” Smiddy said. “If there were some things they did not understand about ‘the options’ the county had given them, why was no contact made after the e-mail of April 23?

“Judging from newspaper reports, no indication appeared at the board meeting that the BRA staff still wants to talk. It looks more like they wanted to be in a position at the board meeting to place blame on the county for raising issues, which they believe complicated the divestiture process. Then, the proposed sale to one party would be justified,” he said.

• Smiddy said he still finds the urgency of a position letter puzzling. “If the newspaper accounts are accurate, it appears that the third party sale option was to be brought to the board regardless of our negotiations.”

He concluded that the BRA’s recent option “is a setback. Frankly, what purpose is there to continuing negotiations with the BRA leading to a long-term interlocal agreement on road ownership and maintenance when all of the BRA property may be sold to a third party? Who knows what issues new ownership will raise?”

“I think commissioners court is always willing to talk. The cooperative connection between the local BRA employees ad Palo Pinto County is long. We want what is best for our people and their county government. However, frustrations rise for all of us who have worked in good faith each time the board of directors meets, changes direction, ad all of our efforts seems to be cast aside.”

“I ask the commissioners court to authorize me to release all of the communications between my office and the BRA, including e-mails, so that the public can fully understand our position and draw their own conclusions,” ended Smiddy.

Commissioners authorized releasing correspondence to the media. The Index will follow with the information and community and official feedback. If readers have something to say on the topic, which could be published in the newspaper, e-mail lcluett@mineralwellsindex.com.