Reporting the News for Fisher & Stonewall Counties
With a 3 – 1 majority vote, the Fisher County Commissioners agreed to hire an outside attorney to work with the county regarding a series of standard county-related legal issues. Although Fisher County Attorney Michael Hall would typically provide these services, a voting majority lack confidence in Hall to resolve the issues, agreeing to seek services outside the county.
Commissioners have faced numerous issues revolving around excessive road usage as energy companies increase activity throughout Fisher County. Officials have engaged in countless debates during the past few years, none of which have been as lengthy or as explosive as road use agreements and pipeline permits.
Fisher County Attorney Michael Hall proposed the first pipeline application in early 2018, as Plains Pipeline —headquartered in Houston— would be operating pipelines that would cross several county roads.
The company agreed to pay a $1,000 application fee as well as $25.00 per foot for any road crossing or any length of the pipeline that runs parallel to a road within a county right-of-way. The permit generated over $38,000.
Initially, the commissioners were appreciative of the unanticipated revenue, using the initial payment to cover the $31,000 expense to upgrade the courthouse, replacing the original 1972 carpet throughout. It was the last time the court used the funds for general purposes, as the commissioners voted that any future revenues from pipelines should be dedicated to the precinct budget where they are located.
The justification was that as each commissioner is responsible for maintaining the roads within his or her precinct, then the commissioner's budget should receive the revenue to help offset the cost of additional road material, equipment, and labor. The enforcement of the permits, as well as those of road use agreements, has been the center of heated debates between Counselor Hall and Fisher County Commissioner Preston Martin.
The two officials have engaged in epic public debates since 2019 over damaged county roads, often escalating into shouting matches between officials and demands for order from Judge Holt. As recently as last month, the court went into executive session to discuss a potential breach of contract between the county and one such company, again with shouts between officials being audible through closed doors.
Although the specifics remain undisclosed, the discussion stemmed from Martin’s long-raised issue about roads in the Rough Creek area of the county being damaged by windfarm traffic. Martin has often stated the company was not adhering to the road use agreement it signed with the county in 2019.
In August this year, tensions again erupted between the two over the agreement, where Hall said the county had no road use agreement with BayWa, that it was not part of their agreement in the way it was with Mesquite Star LLC — another wind company operating in the county.
“No, we did not have a road use agreement. I told you I didn’t think Bayway was going to deal as Mesquite Star. You approved it anyway,” said Hall. “The record is going to speak for itself.”
Martin presented a copy of the original agreement, pointing out several areas where the company was in violation. For legal sufficiency, Hall’s signature was present on the document, dated October 2019.
Also in last month’s meeting, Martin motioned to table further discussions regarding similar agreements for temporary lines until Hall could prepare something for the court in December. However, no draft was presented when commissioners met on Monday. Nevertheless, those discussions resumed, with commissioners agreeing that pipeline permits should be amended to include more specific expectations as well as recurse for non-compliance — a recommendation Hall made earlier this year but was also tabled upon Martin’s motion.
While the commissioners agreed with the need to update the current policies, Commissioner Gordon Pippin differed in the approach. Martin said due to Hall’s failure to deal with these ongoing issues, the county should seek those legal services elsewhere, recommending the county engage Isaac Castro from Hamlin.
Judge Holt said while he could appreciate Martin’s desire to expedite the results and would not stand in the court’s way of seeking alternative solutions, he warned against engaging an attorney without giving the public advanced notice. Martin pointed out that his motion to engage Castro had a second and a prevailing vote of three to one.
A contract with Castro is anticipated to be presented for the court’s review and approval at the next meeting. It is possible the court could call a special meeting before the next scheduled meeting on January 9.