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Fannin County Commissioners Court hears complaints about battery energy storage facilities
By Allen Rich
Aug 14, 2025
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Fannin County, Texas -- Shock waves from last week's raucous regular meeting of Fannin County Commissioners Court continued to reverberate through the court's regular meeting held Tuesday, August 12, 2025. All five members of Fannin County Commissioners Court were present.

The meeting opened with an invocation by Michael Evans, pastor of Windom United Methodist Church, and pledges were led by Major James Manis (Ret.).

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Fannin County Judge Newt Cunningham recognized Savoy Mayor Roger Cada in attendance.

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In public forum, Dale McQueen reminded the public that Fannin County Clerk Jenny Garner offers a free online service to alert property owners of possible property fraud. McQueen added that the Leader and Creative Arts Center also participated in decorating the courthouse for Christmas in 2024.

Pct. 1 Commissioner Troy Waggoner said he felt like he was personally attacked last week by Cunningham and Waggoner said he is reconsidering additional responsibilities he has taken on after being ridiculed in public.

"You, sir, have made a mockery of this court and made the county the laughing stock of the state," Waggoner told Cunningham. 

Pct. 2 Commissioner A.J. Self's sentiments seemed similar.

"Last week got out of hand, yet again, because you are still bringing up indictments," Self told Cunningham.

Cunningham is well aware that all six indictments in the courthouse restoration case were dismissed for lack of probable cause, but he appears to attempt to imply some degree of personal condemnation.

Any mention of issues with the courthouse seem to elicit a fiery, lawyer-like response from Cunningham, yet his tone changes to the more businesslike demeanor of a county judge when issues with the Justice Center are discussed. There are still a couple of big-ticket items to tally up at the Justice Center, but it is already over-budget even more than the courthouse restoration.

"Commissioner Kopf, I agree with you that we need to bring some professionalism back to this court," Self said. "However, I don't know that will happen with a judge who tries to bully and belittle us, not only in court but also in newspapers. Commissioner Waggoner, I want to apologize to you on behalf of the judge and this court, as problems with the Justice Center need to be discussed openly during court. I hope today we strive to represent the citizens of this county better as the professionals that we are."

Cunningham said there was 8 inches of rain in Ector Monday night and a couple of people found themselves stranded. Cunningham said the county will continue documenting risk assessments of dangerous situations.

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Pct. 3 Constable Kevin Mayberry explained that the City of Ladonia has decided to turn their patrol car over to the Pct. 3 constable in lieu of a lease agreement.

Cunningham said the county is ready to move forward with the car agreement.

Some additional salary money is budgeted by the county.

Commissioners court voted to approve the transfer of the car and a Memorandum of Understanding (MOU) between Fannin County and the City of Ladonia.

The MOU should go into effect October 1, 2025.

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Ten residents addressed commissioners court to speak up in opposition to a Battery Energy Storage System to be constructed on Rec Road 3 near Lake Bonham [Property ID# 78404], the city's water supply.

"We cannot prevent certain things from coming into the county, but we don't have to be accommodating," Cunningham stated.

"Unfortunately the city has no say as far as what they do in our ETJ [Extraterritorial Jurisdiction] and that's where it's going to sit, so that's putting the onus on you guys," Bonham Mayor Compton told commissioners court. "But, we'd like to tell you that we are adamantly against it for obvious reasons you are all familiar with. We ask you to please deny the permit, and also that there would be no incentives whatsoever. That's how these people make their money."

In addition to concerns about Bonham's water supply, this Battery Energy Storage System would sit at the edge of the five-mile zone that protects, Bois d'Arc Lake which supplies water to McKinney, Plano, Allen and dozens of other cities in the metroplex.

Other concerns included dangerous chemicals, large-scale fires and Chinese technology used in battery storage facilities.

In addition to the dangerous threat these battery storage facilities create in rural counties, they don't bring jobs, while curtailing growth and lowering property values. Residents who live close to the BESS facility near Savoy now face possibly losing homeowners insurance.

Routine items

Fannin County Commissioners Court approved bills totaling $245,543.33.

Pct. 4 Commissioner Doug Kopf asked why courthouse irrigation is costing taxpayers $500 a month, even in winter.

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Commissioners court approved minutes from regular meetings held April 18, 2023, June 27, 2023 and July 11, 2023.

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Report of monies received by the District Clerk office for July 2025; $26,197.47.

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Report of monies received by the Justice of the Peace Precinct 1 office for July 2025; $27,543.00.

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Report of monies received by the Justice of the Peace Precinct 2 office for July 2025; $14,371.38.

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Report of monies received by the Justice of the Peace Precinct 3 office for July 2025; $8,057.20.

Discussion items

Savoy, Texas resident Glenda Rudy expressed a variety of concerns about the misuse of Artificial Intelligence in law enforcement. 

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Discussion and possible action items

Commissioners court voted to withdraw a motion made on July 15, 2025 to go out for an RFQ for electronic communication services for inmates and allow Sheriff to seek out prices and bring a vendor to Commissioners Court for approval.

An RFQ is not required. Instead, a committee will have this done in time for the budget.

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Commissioners court voted to approve Sheriff and Constable Fees for 2026.

Fees increase incrementally every year to cover associated costs.

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Commissioners court voted to approve a modified contract with Safe Fleet/Coban to include 6 additional body cameras.

This is a five-year contract with no cost to the county until 2027; the initial cost for the six body cameras is $3,700.

The total cost after 2027 is $28,656.

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Commissioners court voted to approve renewal, with no changes, of the Texas DMV Imposition of Optional Fees for calendar year 2026 per Texas Transportation Code, Chapter 502.

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Commissioners court voted to approve Order of Special Election for November 4, 2025.

At the present time, this is expected to specifically be a constitutional amendment election. 

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Commissioners voted to approve a replat combining lots 10 and 11 of the Five Points subdivision; Property ID#s 141602 and 141603 in Windom.

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Commissioners court passed on an agenda item regarding release of the bond for Five Points and The Harbor at Five Points subdivisions.

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Commissioners court voted to enter into the Purdue and Sackler Opioid Settlement and authorize County Judge to sign the Subdivision Participation and Release Form.

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Commissioners court held a lengthy discussion regarding utilities in county right-of-ways. Currently, it is up to individual commissioners where waterlines are placed. Waterlines in road right-of-ways can create more issues than placing them in private easement.

Kopf suggested developing a countywide policy.

Dale McQueen suggested taking this before Fannin County Water Supply Agency to formulate a policy and then integrate it into the plat process.

A Dodd City resident said a developer threatened to use eminent domain to obtain a 20-foot easement on private property.

Jan Johnson, President of Gober MUD, suggested that future developments place waterlines in private property easements.

Kopf said developers could possibly offer a meter to landowners when running waterlines in order to encourage landowners to cooperate.

The cost of moving waterlines along State Highway 121 will create a financial hardship for the local water supplier.

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Commissioners court passed on an agenda item regarding H&G Systems HVAC Service contract for yearly maintenance.

Purchasing Agent Julie Criswell is considering using another company, 5T Mechanical in Whitesboro. 5T Mechanical has bid $3,805 for yearly maintenance. H&G Systems is charging the county approximately $7,900 for that service.

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Commissioners court passed on an agenda item regarding installation of and payment for gas line(s) at the Justice Center from the meter to the building.

"We haven't heard anything about the price of this yet," remarked Waggoner.

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 construction (courthouse repairs and Justice Center) commissioners court is trying to get details regarding open issues at Justice Center and Cunningham continues to ask that repairs at the courthouse be budgeted.

Waggoner advised the court that moving the header up on the sallyport and new doors will cost $9,849.00. A sallyport is a secure, controlled entry to the Justice Center.

One order to Oncor got lost in the shuffle and that will result in a 5-6 week delay.

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Commissioner Self reported that Fannin County Rural Rail board has $4,022.10 in its account. Self is checking to see if the City of Bonham has any interest in reconstituting the board.

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Executive session(s) and action if needed

Commissioners court had no need for executive session and adjourned at 11:37 a.m.