Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, June 24, 2025.
The meeting opened with an invocation by David Woodson, and pledges were led by Major James Manis (Ret.).
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Routine items
Commissioners court approved payment of bills totaling $265,937.93; payroll was $405,494.52 for 145 employees.
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Commissioners court approved minutes from regular meetings on September 21, 2021 and February 7, 2023, and the court also approved minutes from a special meeting held July 11, 2023.
Fannin County Clerk Jenny Garner continues to work on the backlog of minutes she inherited.
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Commissioners court approved the Treasurer's Report for May 2025, and also approved the Treasurer's Investment Report for May 2025.
Fannin County Treasurer David Woodson said total receipts for May were $946,524.76.
Current property tax receipts were $196,354.78.
Sales tax for March was $176,029.69.
Interest on the county's TexPool account was $63,894.27 at an average interest rate of 4.3355%.
The county's 2022 bond interest was $10,428.71.
The interest on the county's operating fund in the bank was $22,338.84 and interest on the business money market account was $163.18.
The total interest collected during May was $96,825.00.
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Discussion and possible action items
Commissioners court approved going out for Request for Proposals for transport and mortuary services for the county.
All qualified vendors will have an equal opportunity to participate. Pricing will be considered, but it will not be the sole determining factor.
If multiple vendors are awarded, a rotation schedule will be implemented. Subcontracting is prohibited.
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Commissioners court approved all bids received for rock and gravel.
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Commissioners court approved all bids received for asphalt emulsions and road oil.
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Commissioners court followed the recommendation of Di Hopkins, Development Services Director, and approved a one-time severance of 1.1 acre from a 10.134-acre tract on CR 2521 in Precinct 1; Property ID# 73122.
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Commissioners court approved a Financing Proposal by Government Capital Corporation for Heavy Equipment.
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Commissioners court discussed 2025/2026 health insurance benefits for Fannin County employees.
The county will be switching from a $500 deductible to a $2,000 deductible. The county will budget the difference in the deductible for the employees and will still save almost $200,000 a year.
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Commissioners court approved paying $2,850.73 from District Clerk’s Special Fund 193, District Clerk Court Records Preservation, to increase district clerk’s chief deputy’s salary by 7% in addition to the 10% across-the-board raise that was approved by the Commissioners Court on June 11, 2025.
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Commissioners court passed on an agenda item regarding adding an additional budget line item to County Clerk’s budget for the 2025/2026 Fiscal Year; Fidlar software for vital statistics and land records.
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Commissioners court voted that the bailiff area at the Fannin County Justice Center will remain open, and furniture will be installed in lieu of millwork.
A change order for enclosed areas would have been costly, perhaps a minimum of $100,000.
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Commissioners court voted to designate specific county roads as restricted zones prohibiting thru truck traffic; including county roads 2510, 2500, 2040, 2010 and 2005.
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Commissioners court discussed the standing and future of the Fannin Rural Rail Transportation District and any action that needs to be taken.
Fannin Bank notified the county that money in the rail district's stagnant account would go to the state without further action.
The county initially established the Fannin Rural Rail Transportation District and can exercise its authority to recover the money.
Commissioners court appointed Pct. 2 Commissioner A.J. Self to the Fannin Rural Rail Transportation District in order to authorize him to find out how much money is in the account.
Fannin Rural Rail Transportation District can be reinstituted and members of the court will need to study a bill coming out of the state legislature that will be providing grant money for rail districts.
In 2009, Bonham Economic Development Corporation (BEDCO) purchased the 1.26 miles railroad track that runs through Bonham. BEDCO also purchased 11.2 acres that extend from Hope Concrete to Main Street from Union Pacific for $55,000. This narrow tract of land along the north side of the railroad tracks contains the historic railroad turntable.
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Commissioners court passed on an agenda item regarding filing claims with insurance companies to recover costs for the courthouse in regards to courthouse restoration project.
"My opinion, I don't think we are going to find a lot out there," Judge Cunningham remarked, although he agreed with Jason Walker that the county has a 10-year statute of repose in the state of Texas for construction defects.
A statute of repose is defined as a law that sets an absolute time limit for bringing a legal claim, regardless of when the injury or damage occurred.
Commissioner Self suggested a workshop with all members of commissioners court present to examine and document existing issues with the courthouse, while Judge Cunningham said he believes the issues require an inspection by a professional engineer.
A spokesperson for Texas Association of Counties suggested contacting an attorney that specializes in construction contracts and bonds, but expressed doubts that pursuing insurance will yield results.
"I think we need to go back to the state and get them to come check out this building," Pct. 3 Commissioner Kurt Fogelberg suggested.
"Commissioner Fogelberg, we have not closed out with CEC, the electricians," Fannin County Auditor Alicia Whipple noted. "In fact, we have not paid them the retainage."
A retainage is the portion of the contract price that is withheld from the contractor or subcontractor until certain conditions are met and the project is completed.
The state continues to consider pulling the licenses from contractors that are determined to be at fault.
Fannin County resident Molly Hayes said she believes electrical issues are well documented and asked if insurance will cover the building if it burns down.
"Yes ma'am, it is insured at historical replacement value, which is very much more than regular replacement value," Whipple answered.
Cunningham said that if you are aware of a problem and you ignore it, there can be punitive damages on top of that.
"If we have somebody electrocuted to death in this building, knowing what we know now, it is problematic," Cunningham said.
"Knowing what?" asked Self. "From our understanding, CEC came in and corrected the issue."
Cunningham said that a week and a half ago, a firm considering to do the inspection went down into the basement and saw water and considered that situation to be a risk.
"So, is the water in the basement due to the electrical company?" Self asked.
"No," answered Cunningham.
"This is exactly why I was proposing a workshop where we could walk through here and discuss these issues because we are getting off topic and going on to the next problem," Self stated.
"I've been down in the basement myself two or three times and every time that I have seen water coming in, it is coming in between the concrete foundation and the grout joint where they started putting the stone in," Pct. 1 Commissioner Troy Waggoner told the court. "It's seeping through there. The only way you are going to stop that is to seal it from the outside somehow."
"That water would have to get a foot deep down there to get even close to an electrical panel," Waggoner added.
"You say we are holding a retainage on CEC," Self said to Whipple. "Why are we still holding it? Are we just waiting for verification that they have completed the work?"
Whipple said a principal of CEC came to her office and said they have concluded everything, but until the judge gets documentation for whatever he is waiting on to verify that everything is done, the county is not allowed to pay it out.
"Did they not do a field report stating what all that they have corrected?" asked Self.
"That would be a question for Ruben [Ruben Romero, facilities manager]," Whipple replied.
Commissioners court scheduled an open house workshop Wednesday, July 2 at 5:00 p.m.
Cunningham said it will take 4-5 hours.
Honey Grove resident Tammy Woods asked about civil litigation.
Cunningham said no civil litigation was handled by the Dallas DA.
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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.
"Judge, is there any way we can not bring all this stuff up every time, every week and not go through these discussion items every time?" asked Fogelberg. "I think you have worn it out."
Fogelberg invited citizens with issues to discuss them in public forum in order to avoid time spent on redundant agenda items.
Next week, commissioners court will vote on whether or not the court will continue placing redundant items on the agenda week after week.
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In regard to the Fannin County Subdivision Committee and Subdivision Policy, no meeting will be held this week.
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In regard to the Justice Center, Waggoner noted there is a pressing need to have the electricity turned on soon, or the county must rent a large generator to power HVAC and humidifiers to prevent the formation of black mold that could prove to be extremely costly.
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In regard to water issues affecting Fannin County, the Fannin County Water Supply Agency will meet at 4:00 p.m. Thursday, July 27 at the Derrell Hall Education Center.
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In regard to Battery Energy Storage Systems (BESS), there was a meeting this week regarding a new BESS wanting to be built north of Bonham near Lake Bonham on Rec. Road 3.
Self said the discussion covered bonding and ensuring that clean-up money would be available and transferable if the facility changes hands, the owner furnishing fire equipment and training, multiple options for ingress and egress, an adequate water supply line, the need to contact the fire marshal and meet with the Bois d'Arc Lake Zoning Commission and then go before commissioners court in July or August to present more information.
"Did they ask for an abatement and PILOT [Payment in lieu of taxes]?" Cunningham asked.
"It was never discussed," Waggoner reported.
Pct. 4 Commissioner Doug Kopf asked if this proposed project was inside the 5,000-foot buffer zone around Bois d'Arc Lake.
"No, it is right outside [the buffer zone], but the property actually touches the zoning, so I wanted it to go through the zoning board," Self explained.
This proposed project will likely be before commissioners court in July or August.
A third BESS has been considering a location south of Bonham on County Road 4200.
Al Travis of Savoy asked if Platinum BESS used more land than was in the original contract and, if so, is the additional land subject to additional criteria before the plant can be activated?
The county agreed to an abatement for 10 acres. The plant may cover up to 16 acres now, meaning six acres aren't covered by the abatement and therefore may be subject to full property tax.
The BESS plant near Savoy is 99% complete.
Open issues include safety, availability of water, ingress/egress from two different sides, and the possibility that components were made in China.
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Executive session and action if needed
Commissioners court had no need for executive session.
A countywide clean-up continues in the wake of the storm Sunday, June 8, 2025.
Fannin County Commissioners Court adjourned at 11:09 a.m.
