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Fannin County Commissioners Court gets initial cost estimate for justice center
By Allen Rich
Apr 25, 2024
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Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting of Fannin County Commissioners Court on Tuesday, April 23, 2024. The meeting opened with an invocation by Tami Gallaway, pastor of Makenzie United Methodist Church in Honey Grove, and pledges were led by Major James Manis (Ret.). This was the second regular meeting of commissioners court that video, as well as audio, was available on Zoom.

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Fannin County Judge Newt Cunningham introduced Pct. 1 Commissioner-elect Troy Waggoner in the audience.

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In public forum, the former roadside park on the west side of Hwy. 78 at Red River was briefly discussed.

Judge Cunningham advised county residents that apparently Chris Wilson has withdrawn from the race for commissioner of Pct. 3.

"Congratulations to Kurt Fogelberg II, our new commissioner-elect for Pct. 3," Cunningham remarked and he invited Mr. Fogelberg to join Troy Waggoner at future meetings of commissioners court.

Technically, Wilson is still on the ballot, but he is asking his supporters not to vote for him. Wilson is urging Fogelberg's supporters to show up at the polls to ensure Fogelberg is elected.

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Fannin County Commissioners Court approved payment of bills totaling $199,370.59

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Commissioner court approved minutes from a regular meeting held February 27, 2024.

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Report of monies received by the county clerk’s office for March 2024; all courts, $22,508.74 and land records, $33,345.00.

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Discussion, consideration and action items

Commissioner court approved replacement of an attorney at the district attorney’s office with a salary of $85,000.00 beginning April 29, 2024.

This attorney will be replacing the DA's first assistant who resigned and was making more than $100,000.

Another assistant, Jessica Arnold, will also be retiring in May.

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Commissioner court approved filing an application for a change in zoning of county-owned property from RE, Rural Estate Single Family District to R&C, Retail and Commercial District and waive the filing fee; five acres, Property ID# 131451.

The application will be submitted to the Bois d'Arc Lake Zoning Commission and commissioners court will await its recommendation.

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Commissioner court approved an Additional Service Request (ASR) from Eikon Consulting Group for $19,400.00 to alter the May 2023 Justice Center design in order to reduce the build cost.

"You may have noticed that construction has slowed and we have been trying to squeeze down to the money we have on hand," Judge Cunningham said, adding that he is committed to refrain from borrowing any more money for the project.

Site of future Fannin County Justice Center

Curtis Nelson, a professional drafter with Eikon Consulting Group, said the revision calls for opting out of including Juvenile Probation and the Tax Assessor-Collector from the original design of the justice center with the intent of phasing in those two departments at a later date.

By not completing work on 7,760 sq. ft. earmarked for Juvenile Probation and the Tax Assessor-Collector, the county can lower the cost of the project by $1.3 million. The plan is to locate those two groups in the south annex where the Tag Office and a courtroom is currently located. 

The county has also decided to step away from a concrete parking lot at the justice center in favor of asphalt as another cost-saving measure.

Nelson gave a rough, preliminary estimate of  $12.8 million for the redesigned justice center; the county has $12.9 million on hand for this project.

Nelson said the county can expect a firm estimate in approximately eight weeks.

"This isn't an expenditure; this is an investment," Judge Cunningham stated.

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Commissioners court voted to reject a bid received for the Ram 5500 Truck for Precinct 2.

The one bid submitted was $50,000 for a 2011 model truck. Purchasing Agent Edwina Lane suggested proceeding to look for a truck using Buy Board.

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Commissioner court passed on an agenda item regarding the approval with Four Feathers Alarm Monitoring Agreement for services at the District Court, Sheriff’s Office and JP 3 offices; $111.85 per month for one year.

The county will negotiate some of the language in agreement.

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Discussion items

In a discussion regarding the potential GRS Battery Energy Storage System (BESS) Texas Seven, LLC on Property ID# 78404 in the unincorporated area of Bonham, Texas, Mike Fry, Senior Director for KE out of Rockwall, Texas, described it as a $155 million project designed to stabilize the grid by downloading electricity from the grid during periods of excess production and storing it for when it is needed.

The company is considering a 40-acre tract off of FM 273 and Rec. Rd. 3 with a capacity of 190 megawatts for two hours at a time. The start date would be sometime in 2025 and it could be operational by 2026.

Fry said there would be no full-time employees.

"I don't think it is something we want to give an abatement for," Judge Cunningham stated. "We're not going to stop you from doing it, but I don't think we want to step out there and give you a tax abatement."

Fry estimated the project would result in $2.7 million in county taxes over 20 years.

Pct. 1 Commissioner Dale McQueen suggested that a Payment in Lieu of Taxes (PILOT) program better would be better for local taxpayers because it would stipulate a guaranteed amount and the PILOT payment isn't treated as taxes so it doesn't count against the county's 3.5% growth restriction.

The tract appears to be near the Bois d'Arc Lake 5,000-foot buffer zone, but could possible be restructured to avoid the buffer zone.

County resident Mike Nejtek said there could be a problem with containment because of the battery-storage system's proximity to Lake Bonham and the slope down to the City of Bonham's water supply.

A 380-megawatt hour project, Platinum BESS, is currently going in near Savoy.

Open discussion items

(Open discussion items will be passed on unless discussion requested by a member of the court or a citizen.)

The Fannin County Subdivision Committee will meet Thursday and the public is invited.

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"We still have a lot of things we are trying to get fixed," the county judge remarked, regarding courthouse repairs and litigation.

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On a brighter note, the county received a check last week for Hotel Occupancy Tax (HOT) revenue.

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In a discussion regarding water issues affecting Fannin County, Judge Cunningham explained that in 2005 a group formed Fannin County Water Supply Agency with the goal of supplying the county's water needs. In 2009, the agency entered into a Memorandum of Agreement with North Texas Municipal Water District o supply potable water at customer cost.

Pct. 4 Commissioner Doug Kopf, President of Fannin County Water Supply Agency, is reaching out to members of the agency.

"We will develop this project and move it along," Judge Cunningham promised, calling it a 20-year project.

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Commissioner Kopf said that, after looking at his road inventory list, there is an instance on a county road in his precinct where fences are 24 feet from fence-to-fence when the county has a 45-foot right of way. Judge Cunningham suggested referring the matter to the DA's office.

Cunningham said was contacted by a county resident who is concerned that the Five Points Subdivision HOA will assume ownership and maintain CR 2985. Cunningham said he visited the site recently and he believes the road will be upgraded significantly at no cost to taxpayers.

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Fannin County Commissioners Court passed on the need to go into executive session.

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Pct. 1 Commissioner Dale McQueen said the boat ramp parking lots at Bois d'Arc Lake are overflowing.

"It is a huge draw right now for Fannin County," Commissioner McQueen noted.

"A friend told me they were stacked in there like cordwood," echoed Commissioner Kopf.