Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting of Fannin County Commissioners Court on Tuesday, May 7, 2024. The meeting opened with an invocation by Dana Coker, pastor of First United Methodist Church in Bonham, and pledges were led by Major James Manis (Ret.).
This was the fourth regular meeting of commissioners court where video, as well as audio, was available on Zoom.
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Fannin County Judge Newt Cunningham introduced Claude Caffee, Honey Grove Mayor, and Tylene Gamble, Chief Appraiser with Fannin Central Appraisal District, in attendance.
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In public forum, Judge Kenny Karl, Pct. 3 Justice of the Peace, said that while he advocated for public use of the Windom building, he felt like area citizens would be better served by an ambulance operating out of Honey Grove.
Rusty Deets referred to a discussion last week that focused on keeping the cost down for the justice center by leaving two departments, Juvenile Probation and the Tag Office, in the south annex. Deets asked if it would be more cost effective to sell the property rather than pay for improvements.
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Judge Cunningham asked Chief Appraiser Gamble to explain Child Care Facility tax exemptions per Texas Tax Code §11.36. Cities and counties have the option of adopting an exemption from taxation for all or part of the real property operating as a child-care facility licensed by the Health and Human Services Commission. The child-care facility must have at least 20 percent of the total number of children enrolled receiving subsidized child-care services provided through the child-care services program administered by the Texas Workforce Commission.
Cities and counties can adopt an exemption ranging from 50% to 100%.
Judge Cunningham said he considers the program to be beneficial, but he asked for a week to allow more study.
Commissioners court passed on the agenda item.
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Routine items
Commissioners court approved payment of bills totaling $336,012.10.
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Commissioners court approved minutes from regular meetings on March 5, 2024, and March 12, 2024.
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Report of monies received by the Justice of the Peace Precinct 1 office for March 2024; $16,122.00.
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Report of monies received by the Justice of the Peace Precinct 3 office for March 2024; $7,092.90.
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Discussion, consideration and action items
Fannin County Commissioners Court approved an agreement between Fannin County and Texas Parks and Wildlife Department naming the Tax Assessor-Collector as Agent for boat registrations in Fannin County through August 31, 2025.
Fannin County Tax Assessor-Collector Amber Sutherland said her initial focus with the boat registrations will be to serve Fannin County residents.
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Commissioners court passed on an agenda item regarding files stored at the Windom building and possibly utilizing the building as a future EMS site.
Once Bois d'Arc Lake opened, the plan was to house an ambulance in that general area, but the consensus seems to be that the Honey Grove Fire Department would be a better location.
Honey Grove Fire Department has expressed a willingness to house the ambulance and crew, although some finish-out will be required.
This issue is on the agenda for the next meeting of Honey Grove City Council.
A decision regarding where to move files stored in the Windom building will likely be on next week's agenda of Fannin County Commissioners Court, as well as a final decision about where to house the ambulance.
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Commissioners court voted to approve exempting vehicle maintenance and equipment repairs from the bidding process.
The county is required to bid on anything over $50,000 but discretionary exemptions are allowed for maintenance and repairs.
Fannin County Auditor Alicia Whipple advised that the exemption must be a written court order; Judge Cunningham quickly formulated the official court order that was subsequently signed by all members of Fannin County Commissioners Court.
This exemption will be reexamined October 1, 2024.
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Commissioners court approved 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, with one minor amendment to the contract.
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The most contentious segment of the regular meeting was in regard to an appeal, complaint and public information request for open records by Steve and Zach Bergenholtz.
Steve Bergenholtz addressed the court via Zoom and contended that an appropriate application for a septic system was submitted and payment was made, but the application was denied.
The county contends that the application wasn't denied, but rather it was rejected in part because of the lack of a corresponding notarized affidavit of certification of on-site sewage facilities (OSSF). The permit fee for a commercial system is $420.
Texas Commission on Environmental Quality dictates that, in order to construct on-site sewage facilities, you will need one acre, or one half-acre if you only have a public water supply. The landowner is required to have enough land to meet the requirements for the appropriate system.
Fannin County's ordinances are more stringent.
The disagreement appears to be over a developer who wants to build three homes on approximately one acre, using a shared septic system.
Pct. 1 Commissioner Dale McQueen pointed out that with a shared septic system, if the property is eventually divided, there would be no way to meet county standards.
To divide property into smaller parcels, state law requires a minimum of one acre for lots with a private water well, or a half-acre if the lots are on a public water system.
Judge Cunningham noted that Bergenholtz has requested an extraordinary amount of open records.
"We will get you these documents," Cunningham stated. "A ruling by the Texas Attorney General requires you to pay; we will send you a bill."
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Open discussion items
(Open discussion items will be passed on unless discussion requested by a member of the court or a citizen.)
In a brief discussion regarding the justice center, Judge Cunningham reported that a City of Bonham ordinance will require the installation of shrubbery at an estimated cost of $10,000-$15,000.
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The county continues to struggle with the implementation of the Hotel Occupancy Tax (HOT). A revenue stream was expected to be in place months ago. The county has yet to discuss this with the vendor retained to collect the HOT tax.
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In a discussion regarding solar and wind farms, Honey Grove resident Chris Wilson asked what action the court has taken to stop wind farms.
"This is not something that is going away," warned Wilson.
He told the court that litigation in district court between local landowners on opposite sides of this issue is underway, with the first hearing on June 6.
"I still have an open question about whether or not a moratorium is possible," Judge Cunningham stated, but he admitted that he is not a fan of turning the county into an easy target for green energy projects.
"I want Fannin County for Fannin County," Cunningham remarked.
Wilson asked the court to consider a resolution or other public expression opposing wind farms.
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Commissioners court had no need for an executive session.
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Judge Cunningham complimented Malinda Allison for compiling images of former county judges and chief justices in a display case in the courthouse and suggested that residents will enjoy looking at the photographs.
