Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, May 27, 2025.
The meeting opened with an invocation by Tom Russell, minister at Northside Church of Christ in Bonham, and pledges were led by Major James Manis (Ret.).
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Fannin County Judge Newt Cunningham introduced Jerry Magness, former Pct. 3 Commissioner, Richard Glaser, former Fannin County Criminal District Attorney, and Roger Cada, Savoy Mayor in attendance.
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In public forum, Fannin County Clerk Jenny Garner advised the court of the pending impact of a new bill passed at 2:00 a.m. Tuesday, May 27, 2025 by the Texas legislature that will require early voting to continue until election day.
"That's nearly impossible for us to do," Garner said, before delving into the myriad of issues this bill may cause at the local level, starting with its impact on the county budget.
"I don't know how they are going to implement this in some counties," Garner wondered aloud.
Fannin County resident Evan Ackerman addressed the court to repeat concerns over a bridge project he described as "almost in my front yard" that he says should have been completed almost a year and a half ago.
Ackerman said the construction crew finally broke ground in March 2025 and he was told the project could be completed in a month.
"They have a deck down, but they haven't showed up in about three weeks," Ackerman told the court.
Ackerman explained that he can't get permanent power and water installed at his future home site until the bridge is completed.
"I'm calling you as commissioners and judge to action," Ackerman said, and he asked for compensation that would allow him to get temporary power and water to his build site.
Fannin County Judge Newt Cunningham reported that he received a call at 2:30 a.m. regarding an alarm going off at the courthouse. Cunningham said he feared there was a fire, but it turned out that the alarm went off because electricity went out momentarily before a back-up generator kicked in.
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Routine items
Commissioners court approved payment of bills totaling $423,108.23; payroll was $406,737.76.
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Commissioners court approved the Treasurer’s Financial Report for April 2025, as well as the Treasurer’s Investment Report for April 2025.
"Receipts for April was $1,218,363.18," Fannin County Treasurer David Woodson reported. "Property taxes at this time of the year have slowed down considerably. Current receipts for April was 227,521.26. Our February sales tax that we received in April was $156,448.31."
"Our Texpool interest for April was $59,594.33," Woodson continued. Our average interest rate for April was 4.3345%; the interest yesterday was 4.2838%. Our interest on cash was $26,603.84; the interest on our business money was $162.98 and the interest on our 2022 bond was $11,031.63.
The total interest for the month of April was $97,392.78.
"I'm assuming we have all our resources in interest-bearing accounts," Cunningham asked for verification.
"Correct," answered Woodson.
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Fannin County Auditor Alicia Whipple presented the Auditor Monthly Reports for April 2025.
"Revenue for General Fund, year-to-date, is $14,694,454.04; expenses are $8,873,589.89," Whipple informed the court.
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Discussion and possible action items
Commissioners court discussed a County Service Proclamation.
Cunningham said the county is fortunate to have people, primarily public servants, who do a lot of work but aren't in the spotlight.
"They're not working for a lot of money, they are working to do what is right," Cunningham. "They are working to move this county forward and take care of our citizens. I think it is important that we are aware of that effort."
Cunningham turned the microphone over to Whipple.
"I want y'all to know that we have a very, very special lady who is about to walk down here," Whipple told the courtroom as an aide was sent to bring in the surprised guest of honor. "She has given her life and soul to this county for 40 years next Tuesday. I don't think anybody realizes what she does, what she goes through on a day-in, day-out basis. She stops whatever she is doing when anybody walks in and asks for help, even though she doesn't have to -- that's the type of person she is. To my knowledge this is only the second time a county employee has reached this milestone."
With that announcement, Fannin County Assistant Auditor Sherry Zindars entered the courtroom to a standing ovation and was joined by family, friends and members of commissioners court for a photograph.
WHEREAS: Sherry Zindars has rendered distinguished service to Fannin County as Assistant Auditor for 40 years; and
WHEREAS: Ms. Zindars is a lifelong resident of Fannin County and a graduate of Bonham High School, as well as Grayson County College. Throughout her career, she has consistently demonstrated a strong commitment to professionalism while managing various fiscal responsibilities, including budget management, financial reporting, and compliance audits. Her extensive experience and attention to detail have not only upheld the county's financial integrity but have also promoted transparency and trust within the community. Sherry’s dedication to her work has had a lasting positive impact on the county’s financial operations and has established a high standard for public service; and
WHEREAS: Sherry Zindars started her career in the Auditor's Office under County Auditor Linda Anderson on June 3, 1985. Assistant Auditors embody principles of ethics, loyalty, and trustworthiness. Ms. Zindars has devoted herself to serving the County with unwavering
commitment. She has worked tirelessly to promote the advancement of all offices and their personnel and is often considered the unsung hero of Fannin County; and
WHEREAS: Sherry Zindars has demonstrated exceptional conscientiousness and trustworthiness as an employee; her dedicated interest and commitment to her role have significantly contributed to the efficiency and morale within the Auditor’s Office. Furthermore, Sherry’s unwavering dedication and enthusiasm have garnered her the respect and admiration of her colleagues; and
WHEREAS: The Fannin County Commissioners Court, on behalf of the people of Fannin County, desires to express its deep appreciation to Sherry Zindars for her devotion and concern for the Fannin County citizens and community she has served; so
THEREFORE: We, Commissioners Court of Fannin County, Texas, on behalf of the people of Fannin County, hereby express its gratitude to Sherry Zindars for a job very well done!
PROCLAIMED this 3rd day of June, 2025
Newt Cunningham, Fannin County Judge
Troy Waggoner, Commissioner, Pct. 1
A.J. Self, Commissioner, Pct. 2
Kurt Fogelberg, Commissioner, Pct. 3
Doug Kopf, Commissioner, Pct. 4
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Commissioners court voted to cancel the June 3, 2025 regular meeting of Fannin County Commissioners Court.
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Commissioners court approved a request to purchase BOMAG Recycler/Reclaimer Equipment for Pct. 3.
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Commissioners court voted to go out for bid for Asphalt Materials, Emulsions, Road Oil.
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Commissioners court voted to go out for bid for Rock & Gravel.
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Commissioners court voted to go out for Requests for Proposals for Janitorial Services.
Fannin County Purchasing Agent Julie Criswell explained that one difference between Requests for Proposals and a Request for Bids is that a Request for Proposals allows negotiations.
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Commissioners court voted to renew the Cintas Uniform Services agreement.
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By a 4-1 vote, Commissioners court voted to approve Eikon Additional Services Request #004 Revision 2 for design and engineering services of parking lot grading and surfacing of parking lot, removal/replacement of parking lot and landscaping gutters and curbs; $32,500.00; Fannin County will pay the above-mentioned fee to Eikon conditioned on, as a precedent to Eikon payment, that the County receives credit for the amount from Crossland Construction.
Crossland Construction had agreed to pay for the design work, but Eikon Consulting Firm doesn't have a contract with Crossland, which means the consulting company couldn't accept payment directly from the construction company. Fannin County will pay Eikon the $32,500.00 and then get reimbursed by Crossland for that amount.
The design is for a concrete parking lot.
Pct. 1 Commissioner Troy Waggoner, Pct. 2 Commissioner A.J. Self, Pct. 4 Commissioner Doug Kopf and Fannin County Judge Newt Cunningham voted in favor of the agenda item, with Pct. 3 Commissioner Kurt Fogelberg casting the opposing vote.
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After a lengthy discussion commissioners court passed on possible action to hire litigation attorney(s) to attempt to recoup cost of repairs and damages for taxpayers related to the Fannin County Courthouse.
Cunningham opened the discussion by pointing out that the statute of limitations of four years is approaching and he cautioned commissioners about walking quorums.
"Why we are not moving forward with this, to me is inexplicable and the reasons we are not moving forward sickens my heart. Your attorneys have advised you to move forward with litigation. I have, Richard Glaser has, Andy [Garner] has, other attorneys we have consulted with have, and we're not moving forward with litigation."
Cunningham said that members of the court getting legal advise from a defendant's attorney is unacceptable.
"Now, where are we?" Cunningham asked rhetorically. "We are at a point where every day that goes by we are standing the chance that the people who may be liable are escaping that liability because of the statue of limitations."
Cunningham reiterated the difference in the burden of proof required in a criminal case and a civil case. In a criminal case, the prosecution must prove the defendant's guilt beyond a reasonable doubt, whereas a civil case merely requires a preponderance of evidence - the evidence indicates the defendant is more likely guilty than not.
"I've got something to say," Commissioner Fogelberg spoke up. "I believe the federal [government] and state should proceed with the lawsuit. If found guilty, they're going to get restitution from these people -- if they're found guilty. It's not the commissioners court's decision to send someone to trial for that in my mind. We are not going to prosecute litigation in this matter."
Fannin County resident Mike Nejtek addressed the court to say, "Well, I was going to ask pretty much what you did, Judge, that hopefully this would be voted on today and any 'no' votes, that commissioner would explain why they are voting against it. It's my understanding this isn't going to cost the county any money. It's a contingency situation where if the lawyers win the case, get money, then they would get a percentage of that -- is that correct?"
Cunningham said the county has a highly rated attorney willing to take this case on a contingency basis.
"The county has suffered, in my opinion, because people haven't fulfilled their contractual obligations," Cunningham said, and he believes that the county's cost to pursue civil litigation would be minimal. He feels commissioners court is walking away from an opportunity to recover hundreds of thousands of dollars, if not millions of dollars.
"I'm going to encourage the court to vote on this today and to approve it," Nejtek suggested.
This same agenda item was voted on previously in commissioners court, resulting in a tie vote, 2-2.
Pct. 4 Commissioner Doug Kopf and Judge Cunningham voted in favor of hiring litigation attorneys; Pct. 1 Commissioner Troy Waggoner and Pct. 3 Commissioner Kurt Fogelberg voted against hiring litigation attorneys, and Pct. 2 Commissioner A.J. Self abstained.
"Now, I'm not going to make a motion today," Cunningham remarked. "If someone else wants to make a motion, fine. If not, I want this particular moment to be frozen in time so we can remember where Fannin County had an opportunity and chose to step away from it. The big question remains, why?"
"This is an opportunity for someone to do it for a contingent fee, which means if they don't recover anything, we don't pay them anything," Richard Glaser said. "I fail to see why you would pass up this opportunity."
Glaser reminded the court that he had suggested filing against the masonry company's performance bond, but the sitting court at that time rejected his advice.
The performance bond was a three-party contract that was issued by an insurance company as a guarantee that one party will perform according to the terms of the contract.
"You need to prove someone guilty in a court of law in a criminal case before I feel it's justified to bring a civil case and that has not been done yet and I'm still voting nay on it," said Waggoner.
"Does that mean that if someone breaches a civil contract with the county, we can't sue them unless they are found criminally liable?" Cunningham asked. "People break civil contracts every day and get sued and people collect. Let me give you a classic example - who remembers O.J. Simpson?"
Cunningham pointed out the O.J. Simpson double-murder case where Simpson won the criminal case, but the victims' families were able to win the civil case. He asked commissioners to carry out their fiduciary responsibility to county residents.
Cunningham also called the previous commissioners court decision to not go after the performance bond "a bad mistake."
Waggoner said he believes the cost of renovating the courthouse went up dramatically when Texas Historical Commission became involved.
"That escalated the price tremendously," Waggoner stated. "Then you had COVID hit, and prices escalated from that. So, that's a lot of your problem."
"A civil jury needs to decide liability," Cunningham spoke up. "We don't need, as individual commissioners, to make a judgment that there is no civil liability."
Cunningham noted that a grand jury has heard the evidence in this case and made a decision.
"Now, the fact that we don't want a civil jury to take a look at this makes me think I'm sitting up here on top of the catbox and we're covering up stuff," Cunningham commented.
Kopf took umbrage at that comment, but Cunningham said that the two of them had voted the same way on this agenda item, and for the same reasons.
Savoy resident Al Travis wrote in on Zoom to say, "It seems like a no-brainer - vote yes."
Kyle Shaw, an attorney representing A.J. Self, spoke up to say, "Mr. Fogelberg is, in fact, correct. The criminal justice system is set up so that if someone is convicted and there is restitution due to the victim or alleged victim in the case, that can be a condition of any sort of punishment that the defendant receives."
"That's where it's proven beyond a reasonable doubt, which is entirely different from the civil standard, correct?" Cunningham responded.
"What are you afraid of, if it's such an open and shut case?" Shaw inquired.
"I didn't say it was an open and shut case, sir," Cunningham answered. "I said the civil case to me is open and shut. There's contractual liability and that liability runs to some people who aren't necessarily criminally liable."
Fogelberg said he doubted that any funds recovered would be placed in Road & Bridge.
Fannin County Auditor Alicia Whipple stated that since this was bond money, it would likely be tethered to the courthouse.
"Any money recouped, to my knowledge, would have to go into the courthouse fund," Whipple said.
"Let me argue with you a little bit there," Cunningham countered. "Punitive damages would not have to go into the courthouse fund, I do not believe."
Bonham resident Rusty Deets said he attended the commissioners court meeting when this agenda item failed to pass because of a 2-2 tie, but when he makes the coffeehouse rounds, gossip indicates people are confused at how the first vote went.
The next point of contention centered on the legal implications of the Certificate of Occupancy the county received for the courthouse.
"Once you move into a building, you pretty much own it," Waggoner said.
"I'm telling you as an attorney, that's not the case," Cunningham responded.
"I understand the grand jury did indict," said Fannin County resident Janie Bellows. "Is that correct?"
"Correct," answered Cunningham.
"What part of being indicted do you not agree with?" Bellows asked. "I wasn't on the grand jury. I don't know what they saw. I'm just wondering what you've seen that makes you come to a different conclusion. That's all I want to know."
"Again, I'm not against the criminal trial they were indicted for," Fogelberg remarked. "I'm just not going to vote as a commissioner on the civil."
"The grand jury was for the criminal case, Ms. Bellows," Waggoner said.
"I would like to address the elephant in the room," stated Evan Ackerman of Savoy, and he insinuated some connection with the Masonic Lodge.
"If you are a part of this Masonic Lodge, I in the name of Jesus Christ call you out," Ackerman decreed. "I think you should be ashamed of yourself. I think you should step down, and if you want out, I know some tools that can help you spiritually get out from under the bondage -- which is exactly what it is -- that Satan has over you. So, that is the elephant in the room. Whether you are part of it as this group as commissioners or judge, I don't know. I don't have those facts, but I can assure you that it is obvious that the decisions are being made with some of this behind it."
"I can assure you that I have no part of any of that," Waggoner told Ackerman.
"And I like to hear that," Ackerman answered, "but you have to recognize the spiritual warfare that is going on behind these walls."
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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.
The Fannin County Subdivision Committee continues to study easements into detached property. The committee's monthly meeting this week has been cancelled.
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In regard to the Justice Center, Cunningham said his two major concerns right now are the roof and the back area which includes structural issues with the northwest corner of the building.
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Cunningham said he has sent a "soft letter" to the vendor that charged the county $25,000 to set up the countywide Hotel Occupancy Tax that failed to yield the promised results of a six-figure annual revenue stream.
"We're looking at them to pay the money back and we may want to consider a civil lawsuit against them at some time," Cunningham said. "I don't know if our philosophy of bringing civil lawsuits is going to change. I don't think they did anything criminal, that I'm aware of, but I think they did make some representations that proved to be incorrect."
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In regard to water issues affecting Fannin County, Cunningham complimented Kopf on a productive, informative meeting. Cunningham said the state has vastly underestimated the future water needs of a rapidly growing Fannin County.
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In regard to Fannin County road issues, Fannin County resident Sarah Richardson wanted to give a shout out to county crews and her neighbors for helping clear County Road 2295 and County Road 2285.
Fogelberg was quick to point out all the work done by Telephone Fire Department.
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In regard to solar and wind farms, and Battery Energy Storage Systems, Cunningham said he had an opportunity to tour the battery storage facility near Savoy.
"We're still trying to figure out how dangerous these things really are, and since we're dealing with new technology, there is still a lot of ignorance," Cunningham remarked. "We've got a lot to learn in a short time to make certain we don't have a problem with this installation.
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In regard to overweight trucks and highway safety, Cunningham complimented Waggoner for monitoring traffic patterns.
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In regard to purchasing policy and procedures, Fannin County civil attorney Andy Garner asked commissioners to forward suggestions to the purchasing agent or purchasing board.
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Executive session(s) and action if needed
Fannin County Commissioners Court had no need for executive session and adjourned at 10:54 a.m.
