Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, May 13, 2025.
The meeting opened with an invocation by Dane Berkey, youth minister at Northside Church of Christ in Bonham, and pledges were led by 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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Routine items
Commissioners court approved payment of bills totaling $1,012,435.38; payroll was $414,882.21.
Of the bill total, $998,000 was a payment to Crossland Construction, the construction manager at risk (CMAR) for the Justice Center project.
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Commissioners court approved minutes from a regular meeting held May 5, 2025.
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Report of monies collected by the District Clerk’s office for April 2025; $26,927.00.
Discussion items
The court discussed the Fannin County Criminal Clerk Internal Audit for 2025.
Alicia Whipple, Fannin County Auditor, noted that an improvement of deposit procedures is required.
Judge Cunningham urged strict compliance.
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Commissioners court discussed proposed legislation that could create Fannin County Improvement District Number One.
The county was approached by the Johnson family in regard to the formation of what Cunningham described as "a super MUD (Municipal Utility District)."
This concept provides for roads, water and other infrastructure, a responsibility that often falls on the shoulder of county governments.
"I believe the more local government entities that take over the responsibility for the roads, the easier our job is -- the less it costs us," Cunningham remarked, calling this concept "the wave of the future."
"It's not costing the county anything," Cunningham explained, saying that the people who live in the district would be responsible for the funds necessary to provide appropriate infrastructure, although all citizens would have access to improvements in the district.
Pct. 3 Commissioner Kurt Fogelberg noted that the creation of Fannin County Improvement District Number One would require the maintenance of six miles of county road leading to this development.
Discussion and possible action items:
Commissioners court voted to increase the hours of part-time employee pay in the County Clerk’s office; to be paid from Fund 200, Records Management.
"This should always be discussed during budget," the county auditor suggested, while agreeing that it can be accomplished legally.
Fannin County Civil Attorney Andy Garner's research indicates that it would be permissible under state statutes for a department to move funds from one budgeted line item to another budgeted line item.
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It would require an emergency situation to hire employees mid-budget cycle.
Commissioners court passed on an agenda item in regard to hiring two temporary workers for records management in the County Clerk’s office; to be paid from Fund 127, Records Archive.
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Commissioners court voted to go out for bid for a 2012 or older John Deere Motorgrader Model 770G for Precinct 1.
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Commissioners court approved changes to the Employee manual resulting from a Human Resources Audit.
The audit revealed several changes that are needed to the employee manual. For example, a county employee can run against a sitting county official without being force to resign, as long as that employee doesn't campaign during work hours or disrupt the department.
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Commissioners court voted to select nine public members from the grand jury list to serve on the Salary Grievance Committee for fiscal year 2025/2026 per LGC §152.014
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Commissioners approved Deborah Rotramel, Carrie Mikeska, William Hancock, James ‘Danny’ Goodroe, Eleisha Hardy, Terri Blackerby, Montana Johnson, Homer Barker and Pricilla Garcia to be the nine members of the Salary Grievance Committee, with Regina Cantrell and John Cushing serving as alternates.
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Commissioners court voted to issue an order designating CR 2520 as a restricted zone prohibiting thru truck traffic.
Gravel trucks and sod trucks have been using CR 2520 as a cut-through between Hwy 78 and FM 273.
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Commissioners court voted to approve an Interlocal Agreement between Fannin County and Texoma Community Center for mental health co-responder assistance.
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Commissioners court passed on an agenda item regarding the approval of an Interlocal Agreement between Fannin County and the City of Bonham regarding the reciprocal use of fire marshals.
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Commissioners court discussed additional services and work on the Justice Center. County officials had a productive meeting with Crossland Construction; the $38,000 it will cost to redesign the parking lot will be paid by Crossland out of the company's contingency fund.
The consensus of commissioners court is to install a concrete parking lot at a cost of approximately $576,100.00. The county will also have to address the water issue at the back of the building.
The condition of the roof of the Justice Center is another pressing concern. An additional inspection of the roof is scheduled for Wednesday, May 14, 2025.
While the court won't be in a financial position to green light a long list of requested change orders that could add up to as much as $3 million, the Justice Center will require two climate-controlled storage areas, additional doors and a closed-access computer for the bailiff in lieu of a sealed office.
The county can't afford to bring Juvenile Probation and the Tax Assessor-Collector departments into the Justice Center at this time.
"The good news is that construction is still moving along at a pretty good clip," observed Cunningham.
The opening is scheduled for November 2025.
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Commissioners court passed on an agenda item regarding hiring litigation attorney(s) to attempt to recoup cost of repairs and damages for taxpayers related to the Fannin County Courthouse.
This agenda item resulted in a 2-2 split-court decision in the prior regular meeting of commissioners court.
Commissioners indicate they need an estimate of repairs from an inspector before proceeding.
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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 Fannin County Subdivision Committee and the county's subdivision policy, Cunningham said there has been discussion of easement versus ownership of the land going to subdivided tracts.
"That's on the horizon, so be aware of that," Cunningham advised.
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In regard to courthouse repairs and litigation, Cunningham reiterated that the situation is "ongoing."
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In regard to the county budget and revenue sources, Cunningham repeated his complaint that the county paid a vendor $26,000 to initiate a countywide Hotel Occupancy Tax (HOT), yet none of the vendor's promises have materialized.
The office of the county judge will issue a formal letter to the vendor, requesting reimbursement.
"We didn't get anything we paid for," Cunningham stated.
On another subject, the county judge said he has been advised by developers putting in Public Improvement Districts that the county appears to have been offered up to 10% of the bond money which can be used for public development, with certain limitations.
In another positive development, Cunningham recalled how the county had received an initial bid of $10,000 to renew a lease on land where a tower is located, but another company swooped in with an offer of $340,000 for the same deal, plus 50% of any additional rent they receive.
"So, we've got to be careful," cautioned Cunningham. "There are a lot of people coming in who know a lot more about the market than we do. We have to be careful that we get maximum dollars for the county."
Sarah Richardson, a resident of Telephone, Texas, complained about a lack of continuity in commissioners court meetings.
"I want you guys to be our leaders," Richardson said.
In regard to heavy trucks damaging roads, Richardson said that if TxDOT is handing out overweight truck permits, they should pay to repair the roads.
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In regard to Fannin County road issues, discussions regarding the expansion of State Highway 121 is moving along, but still years away.
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In regard to solar and wind farms, and Battery Energy Storage Systems (BESS), Cunningham said that Fannin County Fire Marshal Troy Hudson has requested a meeting with Engie Services US, the owner of the BESS near Savoy to ensure compliance with codes before the battery energy storage system goes online in June 2025.
Cunningham expressed concern over the size of the plant and possible plans for expansion.
"We could have a huge facility down there that we weren't expecting...that is 10 times worse than what we now have," Cunningham warned. "It's one of those things where you had better read and look before you sign. All that glitters is not gold."
A walk-through of the plant is scheduled for May 20, 2025.
Savoy Mayor Roger Cada reported that he is being notified of loud popping sounds similar to multiple fireworks coming from the BESS plant.
"We have a fire marshal now in place," Cada began, "and before we have a business turn on the power, they usually have it checked by somebody. This company has done everything it can to ignore us until we actually approached them."
Cada went on to say, "We've got to put something in place that says, you're not starting this thing up until it's inspected to meet the 855 regulations of 2024. I'm concerned about this."
Cunningham said the company has failed to provide necessary documentation to the county judge.
"We've asked for an inspection," Cunningham stated.
Bonham resident Rusty Deets reminded the court that when this BESS was first discussed years ago, he "raised thunder" about who would be responsible if the developer walked away from it.
Deets said that concerns about the possibility of an adverse health impact from a nearby BESS far outweighs concerns about property values dropping.
"If you were that concerned about it," Deets asked, "then why have you waited this long to get someone in there to inspect it."
Another county resident who was present when the BESS was first brought up in commissioners court recalled that the company gave a highly polished presentation.
Bonham resident Tom Turner said the severity of this issue would seem to require all commissioners to be present when the plant is inspected.
Cunningham said that would require a public notice, but he would take the suggestion under advisement.
"If we do this inspection, and there is fault found, do we have the authority to shut it down?" asked Pct. 4 Commissioner Doug Kopf.
"I think Van Zandt County shut them down," replied Cunningham. "That's my understanding. Our fire marshal, now that we have one, has the ability to go into court and get a 'shut down'."
The court was asked to address the loss of insurance coverage due to being located near a BESS.
"If the insurance coverage is not provided, I don't know that anybody is liable for the insurance coverage not being provided," Cunningham answered.
