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State wants building changes
Published April 2, 2009
FREEPORT — The state highway department wants economic development officials to modify or move their dry stack boat storage facility, which encroaches 22 feet onto county land used as an easement for the state-maintained Pine Street bridge, officials said.
But Pct. 1 County Commissioner Donald “Dude” Payne is pushing for a conference, not compliance.
“This commissioner’s not going to ask them to move that building,” Payne said. “I can’t speak for the county, but Dude Payne’s not going to ask them to move. We’re going to work through this problem.”
Payne, whose precinct includes the $2 million storage facility, said he will work to bring together the Freeport Economic Development Corp., Texas Department of Transportation and county engineers to find a resolution.
Highway department area engineer Larry Heckathorn said the state agency’s stance is simple — it needs the easement.
“We have determined there is an encroachment, and we expect the encroachment needs to be removed,” Heckathorn said.
If the building is left where it stands now, it limits future bridge maintenance or widening projects.
Corporation board President Dan Tarver said the facility and storage racks inside it are complete. City and county officials questioned Wednesday said they had no idea how much it might cost to move or modify the facility.
While Pct. 2 County Commissioner Matt Sebesta declined to give an opinion as to whether the corporation should move the building, he said someone should have used oversight when placing it.
“I would surely hope the city did not build that large of a piece of their infrastructure on property that they did not own,” he said. “But the primary concern is to make sure the public infrastructure can be maintained in a safe and effective manner. That’s paramount.”
Damian & Associates, the marina project’s engineers, placed the building, which sits on the bridge’s east side, in 2008. The building was to house marina customers’ powerboats and sailboats.
“Obviously, someone made an error in judgment,” acting Freeport City Manager Jeff Pynes said. “I think there’s some exposure on their side. That’s the engineer’s duties, to keep a building in the right area and make sure the construction is solid and within certain perimeters.”
Damian & Associates Engineer Rene Damian declined comment.
Tarver said corporation board members found out about the problem “less than one month ago,” when County Engineer Gerald Roberts disclosed the issue to Pynes, who told Mayor Larry McDonald. The mayor then told Tarver.
The land adjacent to the easement had been sold to Dallas-area developer Walker Royall in the marina’s early stages, Tarver said. But the corporation didn’t sell the land being used as an easement.
“We’re trying to communicate with the developer, although we’re having difficulty getting in touch with him, but he has received a letter from TxDOT about the property because that was property that was deeded over to him by John Smith and the previous board, and it’s property that the EDC didn’t own.”
Royall didn’t return messages seeking comment. Former corporation board chair John Smith III and executive director Lee Cameron also didn’t return messages seeking comment.
Taxpayers shouldn’t be concerned about threats of increased costs due to the development because the city and county are seeking options to avoid a costly building move or modification, Pynes said.
“I don’t think it’s going to come to that,” he said. “Even on the plots that I reviewed today, it’s a county right-of-way. … I look forward to sitting down with the county and discussing the importance of this project, not only for Freeport but for Brazoria County.”
Tarver didn’t know how far behind schedule the marina project would be if the storage building must be moved or modified. Officials began discussing the marina project almost a decade ago with the idea it would help jump-start a revitalization in the port city. But since then, people in town have debated its need. The marina survived six years of political power struggles and court battles. Many opposed the city’s attempted use of eminent domain to secure dockfront property for the marina.
In the ensuing turmoil, former City Manager Ron Bottoms left and former Mayor Jim Phillips was defeated by McDonald. Last year, council voted to turn over the corporation board, whose members then fired Cameron.
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