Fannin County, Texas -- Tuesday's 86-minute regular meeting of Fannin County Commissioners Court was brisk and focused on business, with the court taking the advice of counsel and passing on agenda items relating to the battery-energy storage facility near Savoy now that Platinum BESS has filed lawsuits against the county, the individual members of commissioners court, and Fannin County Fire Marshal, Troy Hudson.
The county will likely be represented by an attorney appointed by Texas Association of Counties.
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All five members of commissioners court were present for the regular meeting Tuesday, September 2, 2025. The meeting opened with an invocation by Terry Paul Cunningham, pastor of Westside Baptist Church in Honey Grove, and pledges were led by Air Force veteran, Jenny Garner.
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Fannin County Judge Newt Cunningham introduced Savoy Mayor Roger Cada in attendance.
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In public forum, Fannin County civil attorney Andy Garner addressed the continuing challenge of maintaining decorum in commissioners court.
Samantha Lumpkins informed residents that 250 riders are expected for the Autumn in Bonham Bike Rally on October 4.
Lumpkins and asked residents to be cautious of hundreds of bicyclists visiting the county and to restrain pets for the safety of animals and riders.
Andy Walker thanked Garner for addressing the issue of decorum, reminded the court that this is commissioners court and predicted that the current county judge will face a significant challenge in the next election.
"I think that our judge, if he is going to make statements that call people out as being a liar, he needs to do a little more research on it and back that up," Walker stated. "This is not a place to showboat. This is a place for decorum."
Walker complimented commissioners for working hard to improve their precincts.
"We appreciate you," Walker told commissioners. "Keep up the good work."
Ron Green, owner of Wise Funeral Home, continued to complain that Cooper-Sorrells Funeral Home graded much higher than Wise Funeral Home by a committee that selected the county's Mortuary and Transportation Services contract.
Bonham resident Rebel Peeler addressed the court to say he recently had two issues with two county roads in two different precincts and one phone call took care of both issues in a timely manner.
"I just want to tell you guys that I appreciate your hard work," Peeler told commissioners.
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Routine items
Commissioners court approved payment of bills totaling $125,097.41; payroll was $454,956.95.
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Matt Brown of Allegiance Mobile Health presented the Emergency Management Services Report for August 2025.
Mr. Brown reported receiving 200 calls, resulting in 134 transports, with 49 treated on the scene and not transported, and 17 calls were canceled prior to arrival.
The average response time in August was 12 minutes and 14 seconds. The longest response time was 32 minutes and 11 seconds.
Pct. 1 Commissioner Troy Waggoner asked about a gate at the airport that was locked when an air evacuation helicopter was picking up a patient.
"We need to get that fixed," Waggoner told Brown.
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Report of monies received by the Justice of the Peace Precinct 3 office for August 2025; $7,574.50.
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Discussion items
In a brief discussion regarding the 2025 TACERA (Texas Association of County Engineers & Road Administrators) Fall Conference, Cunningham informed the court that a panel will debate unitization versus the precinct system.
Cunningham added that the University of Texas at Arlington offers courses in road maintenance.
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Discussion and possible action items
Commissioners court voted to approve updated commissioners court dates for October through December, 2025 and commissioners court dates, holidays and pay periods for calendar year 2026.
By a 3-0 vote Tuesday, commissioners court will transition to bi-monthly meetings beginning in October.
Commissioners Troy Waggoner, A.J. Self and Kurt Fogelberg voted in favor of bi-monthly meetings, while Pct. 4 Commissioner Doug Kopf and Judge Cunningham abstained.
"I'd rather have commissioners court every week instead of every two weeks," remarked Kopf.
Court dates for October, November and December 2025 are October 14, October 28, November 11 and November 25, and December 9 and December 23.
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Commissioners court listened to a presentation regarding the possible advantages of doing business with GrantWorks.
Rob Barthen of GrantWorks said the company is a full-service grant management team that was established in 1979 and he provided examples of future grant opportunities.
Barthen said GrantWorks has worked with the cities of Honey Grove and Josephine.
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Following the advice of counsel, commissioners court passed on three agenda items related to the battery-energy storage facility near Savoy.
Cunningham reported that charges have been filed against the county in district court by Platinum BESS. Apparently, the company is alleging that the county is obstructing its right to do business.
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Commissioners court passed on an agenda item regarding a Request For Qualifications for Engineering/Inspection Services for the courthouse.
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Commissioners court voted to approve an Interlocal Agreement between Fannin County and City of Ladonia for additional Constable and vehicle, pending the signature of both parties.
The Ladonia City Council approved the Memorandum of Understanding and it is awaiting the signature of the Ladonia mayor.
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Commissioners court passed on an agenda item regarding US Marshal Modification #12; Per Diem Rate and Guard/Transportation Hourly Rate.
Fannin County Auditor Alicia Whipple advised the court that negotiations continue with the U.S. Department of Justice.
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Commissioners court voted to approve a private road name of PR Guthrie for an existing private road north of CR 2997, Property ID#s 75323 and 85710.
This property is in the process of being divided and a private road name will be necessary to assign 911 addresses.
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Commissioners court voted to approve a waiver of Subdivision Regulations Section 5.1(d) requiring multiple points of ingress/egress for a development on CR 2980 in Windom, 30+ lots; Property ID #75787.
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), Fannin County resident Sarah Richardson asked the court why estimated costs for the Justice Center parking lot climbed significantly over the past four months.
Richardson said that in April, the estimated cost for asphalt was $215,000.00 and concrete, with grade, was $576,100.00 and $32,500.00 for design services. Richardson noted that if you add the estimated cost of concrete and the fee for design services, that total is $608,600.00 for a concrete parking lot in April.
"But last week on September 9, the amount before the court was $978,587.00," recalled Richardson. "My question is, why was the increase so much? That's $402,487.00 in four months, or, if the design cost is considered, $369,987.00. That's a big chunk of change!"
Waggoner and Cunningham countered that the difference in cost between installing the proper depth of quality asphalt and a concrete parking lot was minimal. In addition, asphalt would require more maintenance.
The county also had to shift from a 20-year flood plain to a 50- or 100-year flood plain, which created the need to re-engineer the parking lot and increased the price.
Waggoner said this particular area has a history of drainage issues.
Garner advised the court that a coating on the flooring in the holding cell will help with clean-up and is recommended. The coating shouldn't result in any increased cost.
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In regard to Fannin County roads and water issues, Cunningham reminded residents that Fannin County is a closed-range county, despite claims to the contrary.
"The ranges have been closed since the early 1900s," Cunningham said.
Commissioner Fogelberg told the court that a water supply company coordinated with him before digging into road and then kept its promise to repair the road.
"That's the kind of cooperation we need in the county on water issues," Fogelberg stated. "If they're going dig up something, please tell us."
Waggoner said he is cooperating with White Shed Water Supply Corporation on a project in his precinct.
Executive session(s) and action if needed
Fannin County Commissioners Court had no need for executive session and adjourned at 10:26 a.m.
