Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, May 6, 2025.
The meeting opened with an invocation by Fannin County Judge Newt Cunningham, and pledges were led by U.S. Marine veteran, Andy Garner.
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Judge Cunningham recognized Savoy Mayor Roger Cada in attendance.
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Routine items
Commissioners court approved payment of bills totaling $168,345.76.
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Report of monies collected by the County Clerk office for April 2025; All courts, $18,444.32 and Land Records, $33,234.00.
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Report of monies collected by the Justice of the Peace Precinct 1 office for April 2025; $17,338.50.
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Report of monies collected by the Justice of the Peace Precinct 2 office for April 2025; $14,202.00.
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Report of monies received by the Justice of the Peace Precinct 3 office for April 2025 - $8,536.50.
Discussion, consideration and action items
Commissioners court passed on an agenda item regarding the sale of county-owned property.
There are questions about clear titles on small lots in Bonham that were described by Judge Cunningham as "slim pickings."
The county also owns four marketable lots at Lake Crockett covering a total of 1/2 acre that could bring approximately $35,000-$45,000.
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Commissioners court approved the Fannin County online Law Library.
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Commissioners court approved a Proclamation declaring that May 2025 is Motorcycle Awareness Month in Fannin County.
Pct. 1 Commissioner Troy Waggoner reported that Texas has the highest annual average number deaths as a result of motorcycle accidents. There are 345,000 registered motorcycles in Texas.
Waggoner expressed appreciation to Robin Warfield for lobbying for motorcyclists during every legislative session in Austin.
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Commissioners court approved an Order authorizing the sale of fireworks in Fannin County for the Memorial Day holiday; sales permitted May 21, 2025 through midnight on May 26, 2025 unless drought conditions exist.
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Commissioners court approved the purchase of a 1978 Athey 7-12G Force Feed Loader from Equipment & Trucks, Inc.; $19,000.00 including shipping.
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Commissioners court approved submitting a request for 2025 Capital Credits to the Texas Comptroller.
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Commissioners court passed on an agenda item regarding additional services work at the Justice Center.
Eikon Consulting Group's architect is requesting $18,000 to redesign storage areas, walls and doors.
Waggoner questioned such a steep price to pay to digitally alter architectural drawings, but noted the necessity of secure areas for the county clerk and district clerk.
Cunningham said his primary concerns are issues with the roof and parking lot.
Pct. 3 Commissioner Kurt Fogelberg said there is also a critical problem with drainage in the back of the building.
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Commissioners court passed on an agenda item regarding grading and asphalt (approx. $215,000.00) or grading and concrete (approx. $576,100.00) for the Justice Center parking lot.
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Commissioners court passed on an agenda item regarding discretionary exceptions and the Fannin County purchasing policy as permitted by Local Government Code §262.024 – County Judge
Commissioners will compile a list of issues that must be worked through.
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Commissioners court voted not to approve the Purchasing Flow Chart.
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After a lengthy debate, by a 3-1 vote commissioners court approved hiring an inspector to assess Fannin County Courthouse repairs and defects and provide an estimate for repairs.
Cunningham told the court that water continues to collect in the basement and he suggested that the grade in the courthouse basement will likely need to be modified to ensure water won't get into electricals.
"I do not have the skill set to examine this courthouse and tell you what is wrong with it," Cunningham stated and he cautioned the court that the final cost for repairs could possibly run into hundreds of thousands of dollars.
"We've got major problems that we've been trying to get fixed for 2 1/2 years now," Cunningham said. "I want to go out and hire a qualified engineer/inspector to come in here, take a look at the courthouse, and tell us -- definitively -- what needs to be fixed. I want an inspector, and an inspector is going to cost money."
Bonham resident Rusty Deets asked how much water was in the basement and Cunningham replied five inches.
Deets said the water in the basement could be resolved with a sump pump and he suggested installing 10 feet of concrete around the perimeter of the courthouse to carry water away from the building.
"I would like an engineer to tell me that, Rusty," Cunningham replied. "I would like someone to tell me what needs to be fixed."
Commissioner Kopf asked where the money to pay an inspector would come from and Cunningham said the county could tap into emergency funds, if necessary.
Fannin County Auditor Alicia Whipple advised the court of a Professional Services line item in the budget; the next option would be to take the money from an ever-shrinking contingency fund.
Commissioner Kopf made a motion to put out a Request for Statement of Qualifications (RSQ) for an engineer to examine defects at the courthouse, but it appeared that the motion would die for the lack of a second.
Waggoner said if is highly doubtful that one person would have the qualifications to inspect the structure and all its systems.
Fogelberg asked if the state -- perhaps the licensing board -- had an inspector that the county could bring in.
"They came and checked it out and said it was defective," Cunningham answered, adding that there is still an active complaint open in Austin regarding electrical equipment in the courthouse.
Waggoner asked how the county even got a Certificate of Occupancy (CO) if the building wasn't safe.
Cunningham responded that the city said they inspected everything.
"They didn't have an engineer, they didn't have an electrician, they had somebody who had that title who came in and took a look at it," Cunningham said. "I would ask you, how many commercial buildings have been built and inspected in this city? We don't have a lot of people with a wealth of knowledge or experience."
Cunningham questioned why he couldn't get a second to the motion made by Kopf to bring in an inspector.
"I think this is rather significant, ladies and gentlemen....we have a commissioners court that doesn't want to know what is wrong with this courthouse, doesn't want to know if this courthouse is dangerous, doesn't want to bring in an inspector," remarked Cunningham. "Think about that."
"Guys, I think it is kind of pitiful that we aren't conducting ourselves as adults," observed county resident Sarah Richardson. "I think it is criminal that the City of Bonham inspector didn't do their job before issuing a Certificate of Occupancy."
"Don't let the motion die for the lack of a second," Richardson added. "If we don't want it....then say that."
"Gentlemen, I wouldn't be doing my job if I did not advise you that you could be creating a liability for the county if there is notice of potential defects in the courthouse and you do not do your due diligence in inspecting those, and correcting those," advised county civil attorney Andy Garner.
"Gentlemen, no matter who did what, it falls on your responsibility now to make a decision," said Bonham resident Tom Turner. "It is your responsibility now to deal with the issue. You can't just sit there and not second the motion, or not make another motion. That doesn't relieve you of your responsibility."
"I'm going to make the second," Cunningham stated. "I want everyone to see where you are on the record."
The motion passed 3-1 with Waggoner, Kopf and Cunningham voting in favor of issuing a Request for Statement of Qualifications (RSQ) for an engineer to examine defects at the courthouse, Fogelberg voted against the motion and Self abstained.
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Commissioners court entered into executive session at 10:48 a.m. to consult with their attorney regarding litigation involving the restoration of the courthouse.
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Commissioners court reconvened in regular session at 11:21 a.m.
Cunningham made a motion to hire a litigation attorney on a contingency basis to attempt to recover a portion of the cost for repairs and damage at the courthouse.
Pct. 4 Commissioner Doug Kopf seconded the motion.
In a 2-2 vote with Pct. 2 Commissioner A.J. Self abstaining, the motion failed.
Judge Cunningham and Pct. 4 Commissioner Doug Kopf voted in favor of the motion, with Pct. 1 Commissioner Troy Waggoner and Pct. 3 Commissioner Kurt Fogelberg casting opposing voted.
"Gentlemen, we have a tied motion. This is a moment that Fannin County needs to remember," Cunningham stated. "I have no comment to make other than I want everyone to witness where we are at this moment."
Cunningham said this will be on the agenda again next week.
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Commissioners court voted to allow the tax assessor-collector to hire a new employee now in order to train with a current employee who is retiring in June of 2025; funds to be covered by tax assessor-collector’s current budget.
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Open discussion items
Open discussion items may be passed on unless discussion requested by a member of the court or a citizen.
In regard to the Justice Center project, Cunningham said there will be an important meeting with Eikon Consulting Group and Crossland Construction later this week.
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In regard to ordinances and enforcement, Cunningham said the county law library includes county ordinances.
Commissioner Fogelberg said his precinct is dealing with an easement issue; all precincts are experiencing septic tank violations.
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Commissioners court adjourned at 11:31 a.m.
