Austin County Judge Tim Lapham and City of Sealy officials clashed over plats that were seeking approval during a special joint meeting of the Sealy City Council and Planning Commission March 30 at the Hill Center.

Lapham said he has seen the approval plat paperwork signed by the planning commission and Sealy Mayor Carolyn Bilski and believed they were coerced to sign the documents.

“I do not feel like this was right,” Lapham said. “If the city council is going to approve these things in the ETJ, then I think you need to answer to the people that are in the ETJ. I have to answer to the people because they are in the county. That is why we are asking that the county have this approval, not the city. I think there is a big problem with you approving this tonight. I have respect for everyone in this room because you are here for a reason and for everyone that serves this community.

“But,” Lapham continued, “I think that if you approve this tonight, then you are covering something up. What are you covering up and why? Why is this developer getting by when you are bashing and holding Bollinger Creek to the fire on every little thing? How many times has their surveyor sat in the front of this room and answered question after question about drainage?”

Mayor Bilski said that they were called to sign the plat.

“I am going to be honest with you and upfront on that. I was new to office. I had just taken office and was just sworn in,” Bilski said. “What we can do to rectify that, I do not know. We are waiting on the amended agreement between your attorney and our attorney to get something to both of us.”

Bilski said that legal counsel has said until both the city and the county sign something, they are stuck with the initial agreement.

“At this point, bear with us. We will not drag this out into an executive session,” Bilski said.

Sealy City Attorney Timothy Kirwin said that the Sealy Planning Committee has the authority to approve, disapprove or approve the plat with conditions.

“If you disapprove this plat or approve it with conditions, state law requires you articulate what substantive defects are with the plat,” Kirwin said. “Your planning director has told you that there are no deficiencies and this is a ‘shall approve’ by state law. Therefore, if you disapprove it, you will likely be violating the law unless you can articulate what that disapproval is,” Kirwin said.

Kirwin said he wanted to clarify that the city and the county have had an interlocal agreement since 2006.

“The council made a motion to direct the staff and the city attorney to revise that interlocal agreement to provide that the county will have the authority to approve plats in the ETJ,” Kirwin said.

Kirwin said at the time, there had been no formal change to the interlocal agreement.

Plat approvals

The planning commission unanimously voted to recommend the council approve the plat for the Aguado Subdivision. Sullivan commented that the difference between the Bollinger Creek Subdivision and the Aguado Subdivision is that Bollinger Creek is asking to be annexed into the city.

“We have an agreement with them. The rules do not apply. They are not the same,” Sullivan said.

Council unanimously voted to approve the plat for the Aguado Subdivision, with councilmember Adam Burttschell abstaining. 

The planning commission asked for staff’s recommendation on a final plat for a property located approximately south of FM-2187 and west of Sealy Homestead, known as Hunters Crossing. Interim City Manager Warren Escovy said this once-approved plat is coming back for approval because the applicant requested natural gas and needed easements added.

The planning commission unanimously voted to recommend the council approve the plat for Hunter's Crossing and the council did so unanimously.

Koy comments on gas bill issue

During the portion of the meeting for petitions or requests from the public at the start of the agenda, councilmember Larry Koy said the council is working to resolve the gas situation in any way they can.

“I believe we have run into (a price gouging) situation but I would like to kind of say that the city council, Mayor and all the staff are heavily involved in this,” Koy said. “We are trying every which way to resolve this problem for the citizens of Sealy. I do believe that there are some deficiencies in it. There is some information out there released by the mayor or by councilmember (Jennifer) Sullivan and if you read (an article Sullivan shared), it gives a list of other cities and the hardships they’re going through. It didn’t just happen to Sealy.”

Koy said the gas situation is affecting 50 other cities like Sealy.

“There will be further information coming out as we find out. This is a shock to all of us,” Koy said. “This is a very serious deal and I take it very seriously.”

Koy said he understands that people feel the need to blame someone in situations like this.

“Did we have anything to do with (this)? No, it is a shock to all of us,” Koy said.