Fannin County, Texas -- Fannin County Judge Newt Cunningham presided over a regular meeting of Fannin County Commissioners Court held Tuesday, April 22, 2025, with Pct. 1 Commissioner Troy Waggoner, Pct. 2 Commissioner A.J Self and Pct. 4 Commissioner Doug Kopf in attendance; Pct. 3 Commissioner Kurt Fogelberg was absent.
The meeting opened with an invocation by Judge Cunningham, and pledges were Air Force veteran Jenny Garner.
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Fannin County Judge Newt Cunningham recognized Savoy Mayor Roger Cada in attendance.
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In public forum, Rose Schwartz discussed proper decorum required of speakers in commissioners court, including appropriate dress and the ability of the court to issue a contempt of court citation.
Jason Walker contended that the previous speaker was at the podium for eight minutes and one second, well over the five-minute time limit, which he feels is arbitrary.
"We seem to be selective when we apply this and when we don't," Walker said.
Fannin County Sheriff Cody Shook thanked Rooftop Shooting Range in Trenton for a recent donation of rifles.
Savoy resident Evan Ackerman encouraged time limits on projects the county bids, perhaps with incentives to finish early. Ackerman also objected to battery energy storage system (BESS) project near Savoy and said a neighbor was notified that he wouldn't be insured against damage from the plant.
Brad Horton, pastor of Faith Independent Baptist Church near Savoy sent in a public comment that he had been notified by an insurance company that the church on U.S. 82 wouldn't be covered against damage or clean-up at the BESS facility.
Fannin County Clerk Jenny Garner reminded residents that early voting for the May 3 local election is underway.
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Routine items
Commissioners court approved payment of bills totaling $293,315.89.
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Commissioners court approved minutes from a regular meeting held April 1, 2025.
Jason Walker signed up to speak on almost every agenda item.
"Does this one bring us up-to-date?" Walker asked. "I'm wondering why we can't catch up on minutes."
Commissioner Waggoner asked if the county clerk's office could hire a temporary employee to catch up on minutes from meetings.
"We cannot increase the budget," noted Fannin County Auditor Alicia Whipple.
"I'd like to place that on the agenda next week," requested Garner.
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Matthew Brown of Allegiance Mobile Health presented the Emergency Management Services report for March 2025.
Brown reported 201 calls, 149 transports, 28 calls that refused transport and two that were treated at the scene. He said the average response time in March was 12:29.
Commissioner Self asked Allegiance to provide the shortest response time and the longest response time in future reports.
Walker reiterated his concern about one 40-minute response time to northern Fannin County and he asked the court to research the situation with Allegiance in Pflugerville.
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Discussion only
Commissioners court discussed pending improvements to the Fannin County Law Library
Judge Cunningham said he is working with judges and attorneys to develop a law library that will be available online at no cost.
The county's law library is currently only available on one computer in the DA office.
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Discussion, consideration and action items
Commissioners court passed on an agenda item regarding possible action regarding positions/titles and ‘G’ salary ratings for the Criminal District Attorney’s office.
Cunningham said that, in most instances, compensation varies for attorneys with different levels of expertise.
"This proposal will be within the current budget," pointed out Fannin County Criminal District Attorney John Skotnik. "I'm playing the cards I've got."
The DA office has nine full-time employees and one contract employee. Skotnik expressed appreciation to the auditor's office for assistance as he adjusts job titles and job descriptions to accurately reflect current responsibilities. He noted the positive working relationship his office has with all departments.
"We're moving cases," Skotnik stated.
Commissioner Kopf said that the appropriate time to discuss this would be during budget workshops.
Whipple said that approving this request might lead to a need to revamp the entire G-rating system.
"If you give raises in one department, there should be an increase in every department," Walker told the court.
"John [Skotnik] has worked very hard at this," Tom Turner said, reminding the court of Skotnik's promise to stay within his budget.
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Commissioners court approved the Application for Eligibility for the Federal Surplus program to allow the purchase of equipment from the Federal Surplus facility.
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Commissioners court approved an agreement with SyologistGov, Inc. for Victim Identification Software for Texas’ Statewide Automated Victim Notification Service (SAVNS) program; SysologistGoc, Inc. is the new provider for the Office of Attorney General SAVNS grants.
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Commissioners court approved going out for Request for Proposals (RFP) for Fannin County Wrangler and Corral services.
Sheriff Shook and Fannin County Purchasing Agent Julie Criswell are updating the scope of work expected of the county wrangler.
Shook said that, in addition to issues with response times, the current wrangler will transport animals but not catch loose animals. Fannin County has a repetitive issue with absentee landowners putting animals on land with poor fences, which leads to a dangerous public safety situations when livestock gets out on roads.
Donna Trent told the court that she has called the sheriff many times because a neighbor's longhorns keep getting out and damaging her property, year after year.
"Something needs to be done, wrangler or no wrangler," Trent said, and she urged the court to begin handing out escalating citations. "When I mow my yard, it's rougher than a cob."
Cunningham agreed that the fine has to be sufficient to encourage landowners to take reasonable action.
Walker said Fannin County is one of the few counties in Texas that is partially an open-range county and partially closed.
"Before you can have a wrangler, you have to be a closed-range county," Walker remarked.
"If you've got a definitive case, share it," Cunningham responded.
Walker countered that he had to spend his own money to have this subject researched.
Shook offered an AG opinion that stated, regardless of open or closed range status, the county sheriff's office is responsible for loose livestock.
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Commissioners court approved the purchase of a 2006 Freightliner Semi from Facebook Marketplace; $16,500.00, 287,000 miles, Easton Fuller transmission, pickup in Leonard.
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Commissioners court passed on an agenda item regarding additional work at the Justice Center.
The court is waiting to see if the original owner had a warranty that covers the GAF roofing material.
The court also has questions about whether or not the architect is contractually obligated to deal with grade issues in the Justice Center parking lot, as per a 2022 agreement.
"It sounds like the ball was dropped," Cunningham remarked.
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Commissioners court passed on an agenda item regarding regarding approval of an Additional Services Request from Eikon regarding design services for the parking lot; $32,500.00.
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Commissioners court passed on an agenda item regarding the approval of grading and asphalt (approx. $215,000.00) or grading and concrete (approx. $576,100.00) for the Justice Center parking lot.
Walker questioned the court's intent of spending millions of dollars in a building with a roof that might last two years.
"Are we going to spend a million or more on the roof or wait and see if it will last two years?" Walker asked, adding that the county should have brought in a third-party inspector to verify the condition of the roof.
"Do we have a document suggesting the roof was in good shape?" Walker asked.
"I haven't seen it," Waggoner replied.
Cunningham said he is still looking through paperwork in search of such a document.
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Commissioners court passed on an agenda item regarding specific discretionary exceptions to the Fannin County purchasing policy as permitted by Local Government Code §262.024.
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Commissioners court approved the Purchasing Flow Chart.
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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.
The Fannin County Subdivision Committee has a meeting Thursday.
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Commissioners court entered into executive session at 11:16 a.m. to discuss litigation regarding courthouse restoration; the court reconvened in regular session at 11:48 a.m. to announce that no action was taken.
Walker asked what repairs at the courthouse still needed to be corrected.
Cunningham said there are still problems with the floor downstairs, as well as tile in the small courtroom on the first floor?
Walker asked if the county has filed insurance claims and was told claims haven't been filed at this point.
Walker also asked how much money the county has to complete the Justice Center and was told the county should finish the project $659,000 in the black, allowing that no change orders are submitted, and that doesn't include the parking lot or repairs to the roof.
Walker suggested that the county needs to find a way to pay $576,000 for a concrete parking lot.
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Fannin County Water Supply Agency will meet April 24 at Derrell Hall Education Center.
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In regard to Fannin County road issues, Walker said he is tired of hearing that we can't fix the roads. In Walker's opinion, most complaints fielded by members of the court are about the roads, not the Justice Center.
"My commissioner needs a ditching machine so we can clean out ditches," Walker remarked, and he urged commissioners to share equipment.
"We have been working together a lot better," Waggoner replied.
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In regard to solar and wind farms, and Battery Energy Storage Systems, Savoy Mayor Roger Cada expressed concerns about green energy projects lowering property values and the impact to the community if insurance companies won't cover damages created by battery energy storage systems.
Cada proposed retaining an electrical and structural professional to inspect the large battery energy storage system (BESS) near Savoy that has a start-up date in May 2025.
Cunningham said that Code 352 allows Fannin County to have a fire marshal and conduct inspections.
Walker suggested that the county study Code 855 and possibly adopt it.
Cada said the 2023 version of Code 855 deals with decommissioning battery energy storage systems.
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In regard to overweight trucks and highway safety, Evan Ackerman suggested enforcing a 35 or 45mph speed limits, and he voiced his opposition to exceptions that allow overweight trucks to continue damaging local roads.
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Waggoner thanked constituents in Pct. 1 for help clearing trees and debris from CR 1010 and CR 1200. Waggoner also thanked Pct. 2 Commissioner Self and his crew for assistance.
Commissioners court adjourned at 12:29 p.m.
