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Fannin County Commissioners Court authorizes county judge to sue contractors for substandard work on courthouse
By .that suspends the statute of limitations for an agreed amount of time
Jan 25, 2024
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Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, January 23, 2024. The meeting opened with an invocation by Rickey Granstaff, pastor of Ravenna Baptist Church, and pledges were led by Major James Manis (Ret.).

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Fannin County Commissioners Court approved payment of bills totaling $383,205.44; payroll was $381,854.57.

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Commissioners court approved Auditor Monthly Reports for December 2023.

General Fund year-to-date revenue: $2,978,246.38; year-to-date expenditures: 3,268,266.71

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The court approved minutes from a regular meeting held October 24, 2023.

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Emergency Management Coordinator, Troy Hudson, presented the annual end-of-year report of the Fannin County Emergency Management Office for 2023.

The first meeting of the emergency management auxiliary is planned for February 10, 2024.

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Fannin County Veteran Services Officer Paul Chandler gave the court the 2023 report of the Fannin County Veteran Services Department.

Chandler advised the court that Sam Rayburn Memorial Veterans Center in Bonham currently has an interim operations manager; he is not aware of any public discussions regarding the possibility of limiting services at the VA Center in Bonham.

Chandler added that the local VA facility is vigorously hiring nurses.

"I think you do a great job, Paul," remarked Pct. 3 Commissioner Jerry Magness.

Chandler expressed gratitude to commissioners court for its support.

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Fannin County Commissioners Court voted to pass on an agenda item that would have allowed Globe Life Insurance to speak with county employees regarding benefits, and allow the auditor’s office to payroll deduct if employee chooses.

Fannin County Judge Newt Cunningham stated that he was concerned that allowing one insurance company to speak with county employees could be perceived as an endorsement by commissioners court.

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Commissioners court voted to do what is required to bring the county into compliance and approved an agenda item that called for licensing for the Records Management System for Report Writing in relation to new Government Code §411.054 for Fannin County Constables.

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Fannin County Commissioners Court approved a resolution accepting grant funding from the Office of the Governor for the Structured Family Therapy Program operated by the Juvenile Probation for FY 2024-2025.

This grant doesn't require a matching grant and pulls in approximately $50,000 annually for services Juvenile Probation provides for children.

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Fannin County Commissioners Court unanimously denied waivers for a proposed RV Park, Property ID# 83214 on CR 2998 in Precinct 4; RV Park Regulations Section 5(a) and Subdivision Regulations Section 5.1: (1) Road Surface – requests the use of a gravel base with a dust free driving surface, (2) Road Width, – requests to waive the 60’ ROW for a public roadway and instead have 24’ wide privately maintained roadways.

A representative of the RV park was unable to convince Judge Cunningham that evidence proves current regulations result in an undue burden.

Cunningham voiced the public safety concern that a fire truck might not be able to turn around on right-of-way that is only 24-feet wide.

Several county residents voiced support for the county's RV park regulations.

Mike Nejtek thanked the court for protecting the county from substandard development.

"I appreciate your stance on this," echoed Mitchell Smith.

Local attorney Paul Ivey called the RV park's argument "highly speculative."

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Commissioners court approved amendments to the Fannin County RV Park Regulations; add Section 3(d), minimum gallon usage for all Recreational Vehicles and add Section 6(c), waiver fees $1,000 nonrefundable, and change Section 6(d) to $25.00.

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Fannin County Commissioners Court approved amendments to the Fannin County Subdivision Regulations; add definitions to Section 2, add “Registered Designated Representative” to Section 4.1.3(1)(c), add engineering fees and Waiver Fee to Appendix B, Fee Schedule.

This change will help define the county's short plat procedure.

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Commissioners court delayed voting on the method of payment for Document Logistix through October 2024 until this agenda item could be discussed later in executive session.

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The court approved and accepted terms and conditions for Fannin County Professional Services and Fannin County Purchase Orders.

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Fannin County Commissioners Court approved purchase of a Hyster C530A Pneumatic Roller for Precinct 1 at a cost of not more than $5,000.00 from fund 210-621-5710 (Purchase of Equipment).

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Commissioners court approved purchase of a Land Pride SGC1572 Grapple from Paris Farm and Ranch through Buy Board for Precinct 1 for $5,026.25 from fund 210-621-5710 (Purchase of Equipment).

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The court approved followed the recommendation of the Fannin County Subdivision Committee and approved additional filing fees for multiple page plats; $5.00 per additional page.

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Fannin County Commissioners Court passed on an agenda item regarding an Interlocal Agreement between Fannin County and the City of Leonard related to development and implementation of regulations in Extraterritorial Jurisdictions (ETJ).

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Fannin County Commissioners Court voted 4-1 to authorize the county judge, as necessary, to bring lawsuits against certain contractor(s) on the Fannin County Courthouse project.

In addition to particular contractors refusing to sign a tolling agreement -- a legal tool which suspends the statute of limitations for an agreed amount of time while attempts are made to resolve disputes and avoid litigation entirely -- there is concern that the heating elements that were installed aren't sufficiently large enough to heat the building.

The county judge used a metaphor from the Old West to indicate he had threatened litigation, but no one blinked or budged so this matter appears to be headed to the courts.

"I've patted my gun and I'm afraid now I have to draw it," Cunningham remarked. "I don't want the county paying for work that should have been done correctly."

This case is still open at the state level, which could endanger some of the contractor's licenses if they are found liable for work that doesn't meet state codes.

Cunningham said water has been found collecting in the courthouse basement again.

Pct. 1 Commissioner Dale McQueen, Pct. 3 Commissioner Jerry Magness and Pct. 4 Commissioner Doug Kopf joined Cunningham in voting to bring lawsuits as necessary. Pct. 2 Commissioner A.J. Self cast the opposing vote, saying he needed more information about which contractors are involved.

"We're in a position where we don't have any other choice," Cunningham replied.

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Discussion items

Commissioners Court discussed the possibility of the county working with employees who wish to acquire Commercial Driver’s Licenses (CDL).

To operate efficiently, each precinct needs multiple employees with a CDL. If the  county pays for training, it could be mutually beneficial to the county and interested employees, as long as employees are legally obliged to reimburse the county if they seek employment elsewhere before a specified time limit expires. 

Training costs approximately $2,300 per employee; there is no refund if employee fails.

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Apparently, cameras installed at Lake Fannin have not been deterring trespassers. At the request of the Forest Service, signage will be placed at Lake Fannin. Lake Fannin funds will be used to buy the appropriate signs.

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Open discussion items included significant progress at the justice center/strip mall, courthouse repairs, and a future interlocal agreement that could allow the City of Bonham to operate the Multipurpose Complex, while opening up county-owned land surrounding the facility for development.

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Fannin County Commissioners Court entered into executive session at 11:51 a.m. to consult with their attorney, and to discuss personnel issues.

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Commissioners court reconvened in regular session at 12:43 p.m. to announce it would pass on agenda item #17 and likely address it again next week.

(17. Approve how to pay Document Logistix through October 2024 – Purchasing Agent)