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Fannin County Commissioners Court approves subdivision regulation regarding ranchettes
By Allen Rich
Sep 5, 2024
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Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, September 3, 2024.

The meeting opened with an invocation by Kevin McClain, pastor of Leonard First Methodist Church, and pledges were led by Major James Manis (Ret.).

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Fannin County Judge Newt Cunningham introduce Pct. 1 Commissioner-elect Troy Waggoner and Bill Roberts, Chair of the Fannin County Democratic Party.

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In public forum, Molly Hayes reminded residents there will be a very important election in nine weeks. She asked residents to listen to the debate and make certain they are registered to vote.

Jason Walker repeated his opposition to the sale of county-owned land near the Multipurpose Complex, and questioned if the county actually has an option to reject bids, based on the way it is being sold.

Andrew Mack, a representative of Zachary and Steve Bergenholtz, contended that the county's septic permit regulations does not regulate density. In a special meeting that preceded the regular meeting of commissioners court, the court denied an appeal regarding this septic permit application.

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Routine items:

Fannin County Commissioners Court approved bills totaling $272,386.27; payroll was $313,832.85.

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Commissioners Court approved Auditor Reports for July 2024.

Fannin County Auditor Alicia Whipple reported that, year-to-date, the county is $2.8 million in the black.

Discussion items:

Commissioners court observed an order signed by 336th Judicial District Judge Laurine Blake, Purchasing Board Chair, appointing Julie Criswell to office of Purchasing Agent of Fannin County, Texas, for a term of two (2) years, beginning August 26, 2024.

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Commissioners court observed a salary order signed by 336th District Judge Laurine J. Blake, Purchasing Board Chair, Julie Criswell established at a pay rate of $68,000.00.

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Discussion, consideration and action items

Commissioners court voted to extend the current Fannin County burn ban for at least seven days.

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Commissioners court passed on an agenda item that would have authorized the county auditor to move $1,000.00 from Forfeiture Funds (560-103-560) to Miscellaneous (560-560-4900) for the payment of a Texas Commission on Law Enforcement (TCOLE) fee.

Apparently, the fee is a civil penalty in reference to hiring practices in 2018.

Expect this agenda item to be back before commissioners court next week after supporting documents are submitted.

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Commissioners court passed on an agenda item regarding the TAC County Information Resources Agency (CIRA) services agreement for website hosting.

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Commissioners court approved added language to the Fannin County Subdivision Regulation regarding ranchettes.

This option approves development of a subdivision with 11 acres or more for single-family residences, with 10 acres outside of the residential area, where developers won't have to comply with the requirement for hard pavements.

It is an opportunity for the county to retain its rural appeal, while also allowing developers to build private roads that meet county standards for gravel roads with a 60-foot right-of-way.

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Commissioners court passed on an agenda item regarding possible action in reference to Section 1B-8, Political Activity, of the Fannin County Employee Handbook

Bill Roberts proposed removing an outdated section of the handbook that is still circulating on the internet and questioned the need for Section 1B-8 in the Fannin County Employee Handbook:

In the event that an employee chooses to run against an incumbent for an elected position in the office for which they work, they must resign at the time they file for any primary election, the date of filing of a write-in petition, or at the time they are nominated for the sought after elected position, whichever comes first.

"I have given much thought to the ways that section 1B-8* might be changed in order to be more equitable to employees wishing to serve the county in elected office," Mr. Roberts told the court. "In the end, I continue to believe that the last paragraph is redundant, excessive, and unnecessary. Indeed, any of the possible reasons for having this paragraph would seem to be covered in the sections above it.  Requiring someone to give up his or her livelihood in order to run for an office that is open to any other qualified candidate serves only to limit the talent pool for county officers at a time when it is increasingly hard to attract qualified public servants.  If the last paragraph remains, then Fannin County employees DO NOT 'have the right to...engage in political activity in their personal time' as the manual also states. Any candidate using his or her employment to 'to interfere with or affect the result of any election or nomination for office' would already be subject to dismissal for cause.  To require that he or she resign without any due process or evidence of malfeasance would be to assume them guilty regardless of his or her work record or service to the county, and would likely cost the county a loyal and experienced employee regardless of the outcome of the election."

Judge Cunningham expressed concern over disregarding the precedent.

"I don't think it is fair to rule out an employee just because of where they work," Roberts stated.

Jason Walker repeated his opinion of the need for a clear distinction between appointees and duly elected officials.

"A commissioner is a commissioner, unless he is retiring," Cunningham replied.

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Commissioners court approved an estimate from Noble Resources for termite treatment in the courthouse basement; $1,400.00, to be paid from contingency.

There are signs of subterranean termites in the basement.

The county currently has $89,000 in contingency to last until October 1, 2024.

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Commissioners court approved a three-year extension of software services agreement with Fidlar Technologies for the Life Cycle Land Records software in the County Clerk’s office.

The total expenditure, including software and cloud storage, will be $51,670.00.

Land records are now available online on the county website: Land Records / Official Public Records

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Commissioners court approved sheriff and constable fees for 2025.

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Open discussion items:

Open discussion items will be passed on unless discussion requested by a member of the court or a citizen.

In a brief discussion regarding the Hotel Occupancy Tax (HOT), it was revealed that the county has approximately 50 entities that should be paying taxes to the state comptroller and the county.

After an apparently dismal failure by the vendor hired by the county to set up this revenue stream, officials are discussing how to handle this in-house and invoice the appropriate entities.

The Fannin County Water Supply Agency is considering meeting on the fourth Thursday of each month at 4:00 p.m. at Derrell Hall Education Center. The court discussed asking John Ed Shinpaugh to be the county representative.

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In regard to Fannin County road issues, Shawn Fulton asked what residents can do to restrict heavy truck traffic on gravel roads to mitigate health concerns created by dust.

Cunningham said the county needs to modify ordinances for heavy trucks and have the sheriff's office enforce the new regulations.

"We have to couple restrictions with enforcement," Cunningham remarked.

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In regard to Emergency Medical Services, Cunningham said the county is working to get Allegiance prepared and all questions answered by the company's starting date of October 1, 2024.

Executive session(s) and action if needed:

Commissioners court passed on the need for executive sessions and adjourned at 10:24 a.m.