‘New’ Commissioners Court reverses previous court’s vote for water board seat

A November 3-2 vote by the Hood County Commissioners Court to recommend Mike Massey to fill a vacated seat on the Upper Trinity Groundwater Conservation District Board was reversed Monday by a 3-2 vote that involved a different commissioner for Precinct 2.

Nannette Samuelson took over that seat on Jan. 1, having defeated Ron Cotton in his bid for a second term.

The vote to rescind the recommendation of Massey and to promote Bob Lusk for the post was reportedly legal. It did not involve accusations of either man being unqualified. Praise was given for both.

Nevertheless, the move led to speakers showing up to voice their opinions, both for and against the rescission, at two special-called meetings.

The repeal was controversial for three reasons.

One reason was because of the actions of Precinct 4 Commissioner Dave Eagle.

After the Nov. 8 vote when a majority of the court voted in favor of Massey, Eagle sent a letter to the UTGCD board asking that it delay its decision on the appointment until January when a new commissioner for Precinct 2 would be seated. In the letter he referred to Cotton as a “lame duck elected official.”

Cotton had voted in favor of Massey, along with County Judge Ron Massingill and Precinct 3 Commissioner Jack Wilson. Eagle and Precinct 1 Commissioner Kevin Andrews had cast nay votes.

Eagle’s letter stirred anger and prompted a newly formed organization called Hood County Forward to send its own letter, with 42 names attached, asking the UTGCD board to disregard Eagle’s request.

The second reason the rescission was controversial was because some, including UTGCD board president Tracy Mesler, believe Massey to be the most qualified due to his previous service on the UTGCD board. Massey was appointed by a previous Commissioners Court when the UTGCD was first formed and served 12 years, including six years as board president. He also served for a decade as the UTGCD’s representative to Groundwater Management Area 8.

Reason number three for the controversy was because a newly structured court undoing the majority vote of a previous court has raised questions about whether other legitimate majority votes will be unraveled.

The UTGCD helps protect and conserve water within the Upper Trinity aquifer through the registration of wells, public education, and outreach. Water is becoming an increasingly precious resource in Texas as development and population increase.

Commissioners Courts in Hood, Montague, Wise, and Parker counties each appoint two members to the UTGCD board to serve staggered, two-year terms.

When a vacancy occurs, commissioners courts can make a recommendation on who to appoint to the seat but by law, the UTGCD board makes the decision.

The current vacancy is due to the resignation of Richard English. Hood County’s other representative is Jarrod Reynolds. 

UTGCD ACTIONS

The UTGCD board will consider the appointment at its next regular meeting. It was originally scheduled for Jan. 19 but was moved to Thursday, Jan. 26.

Eagle often attends UTGCD board meetings, which are held at the water district’s office in Springtown. Last November, when the board met just days after Eagle sent his letter, he and Samuelson both were in attendance.

At that meeting, a motion was made and seconded to delay the seat vacancy decision until January as Eagle had requested. It failed in a 4-3 vote.

A vote was taken at that time to appoint Massey but that, too, failed in a 4-3 vote. Although Massey received a majority of the votes cast, he needed five to attain the seat.

Those who voted against Massey were Reynolds and both of Parker County’s representatives, Tim Watts and Shannon Nave.

In a 2021 interview, Massey told the Hood County News that during his time on the UTGCD board, he had raised concerns about the number of wells being drilled in Parker County and their possible affect on the aquifer and on water availability for future generations.

The appointment for English’s vacated seat was on the agenda for the board’s December meeting but was pulled due to lack of a quorum.

Those who missed that meeting were Reynolds and Brent Wilson of Wise County, according to Mesler and General Manager Doug Shaw.

With the agenda item pulled for December, that meant that the decision was pushed into January.

Mike Scott, former president and CEO of the Granbury Chamber of Commerce and a leader of Hood County Forward, said that he intends to be present for that meeting.

 REVERSAL PROCESS

The vote to revoke the Massey recommendation and replace it with one for Lusk ended up involving two special meetings rather than one.

The special meetings were so that Samuelson could participate in the vote, avoiding a tie, before attending mandatory training as a new commissioner. She missed the regular court meeting on Tuesday because of that training.

Eagle called a special meeting for Friday, Jan. 6 with the intention of taking care of the matter at that time.

More than 40 minutes were devoted to the issue, with Eagle making an opening statement, audience members speaking both in favor and against the switch, and court members weighing in.

Eagle, Samuelson, and Andrews said they had spoken with both Lusk and Massey. They expressed support for Lusk. None of them spoke negatively about Massey.

Massingill and Wilson acknowledged that they had not spoken with Lusk.

In detailing Lusk’s qualifications, Eagle stated that he has a degree in wildlife and fishery science from Texas A&M University, played a key role in developing the pond management industry, has written numerous peer-reviewed articles related to the proper management of private lakes and ponds, is publisher of Pond Boss Magazine, and is on the advisory committee for Texas A&M’s newly formed Range, Wildlife, and Fisheries Department.

Eagle noted that a third applicant, Tom Mercer, had withdrawn his application.

The commissioner also noted that attorney Jim Allison of Allison, Bass, & Magee law firm in Austin, an advisor for the Texas Association of Counties, told him that reversing the vote would be legal because current courts are not bound by the actions of a previous court.

However, County Judge Ron Massingill said that he, too, had consulted with Allison and that according to the TAC attorney, taking a new vote to recommend Lusk would be illegal under the verbiage of the agenda item.

Massingill said that Allison advised giving public notice of the intent to revoke Massey’s recommendation and then voting on a motion to rescind it.

“You cannot have two conflicting recommendations at the same time,” the judge said.

Eagle and County Attorney Matt Mills stated a belief that the agenda item’s “discuss and take appropriate action” language covered both the rescission and the new vote but others on the court appeared hesitant to take action that might be deemed legally questionable.

Eagle agreed to schedule a second meeting to make sure the vote was taken properly.

The second special meeting was called for Monday afternoon, prior to Samuelson heading out of town for her required training.

Several members of the audience spoke at that meeting as well.

Eagle, Samuelson, and Andrews voted in favor of replacing the Massey recommendation with one for Lusk. Massingill and Wilson cast nay votes.