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Fannin County Commissioners Court learns of county clerk's resignation to work for the state
By Allen Rich
May 16, 2024
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Fannin County, Texas -- Fannin County Judge Newt Cunningham presided over a regular meeting of Fannin County Commissioners Court held Tuesday, May 14, 2024, with Pct. 1 Commissioner Dale McQueen, Pct. 3 Commissioner Jerry Magness and Pct. 4 Commissioner Doug Kopf in attendance. Pct. 2 Commissioner A.J. Self was absent in order to attend a Leadership Conference hosted by Texas Association of Counties (TAC).

The meeting opened with an invocation by Tony Whitehead, pastor of Bonham Community Church, and pledges were led by Major James Manis (Ret.).

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Judge Cunningham introduced the next Pct .3 Commissioner, Kurt Fogelberg II,  Pct. 1 Commissioner-elect Troy Waggoner and Melanie Grammar, Chair of the Fannin County Republican Party.

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In public forum, Fannin County Clerk Tammy Biggar made a surprise announcement.

"I would like to thank the public for their trust in me for the past 13 years," Ms. Biggar began before announcing that she will join the Secretary of State Elections Division and has submitted her two weeks notice.

May 29 will be Biggar's final day as county clerk. The commissioners court is tasked with finding a temporary replacement for May 30 through the November 5 election.

Both parties will have the option of submitting their choices for one name to go on the ballot.  The Republicans select a name by precinct chairs voting; the Democratic Party selects by caucus. The deadline is 5:00 p.m. August 26, 2024.

"I will work to make the transition as smooth as possible," Ms. Biggars told the court.

Fannin County Republican Party Chair Melanie Grammar and Fannin County Democratic Party Chair Bill Roberts both expressed appreciation for the job Biggar has done.

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Routine items

Commissioners court approved payment of bills totaling $625,443.36; payroll was $384,969.78.

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Commissioners court approved minutes from a regular meeting held May 7, 2024.

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Fannin County Commissioners Court approved the Auditor Monthly Reports for April 2024.

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Report of monies received by the County Clerk’s office for April 2024; Courts, $18,518.00 and Land Records, $37,770.00.

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Report of monies received by the District Clerk’s office for April 2024; $22,180.04.

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Discussion items

Commissioners court observed an order signed by 336th Judicial District Judge Laurine Blake to set the salary of the county auditor at $106,585.55 beginning October 1, 2024.

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Commissioners court observed an order signed by 336th Judicial District Judge Laurine Blake to set the salary of the County Auditor’s Assistants to $68,684.41, $61,312.58, $49,612.50, $47,250.00 and $46,250.00 beginning October 1, 2024.

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Commissioners court observed an order signed by 336th Judicial District Judge Laurine Blake to set the base salary of the Official Court Reporter to $112,825.21 as of October 1, 2024.

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Discussion, consideration and action items

Fannin County Commissioners Court approved a resolution accepting a historic gavel used by Judge Choice Moore that was made from a log used to build the first courthouse of Fannin County. The gavel was donated by Stanley Thomas and Kathi Bowden, niece and nephew of Judge Choice Moore.

Choice Moore served as county judge from 1949-1974, the longest tenure by a Fannin County Judge.

"That's a long run as county judge," remarked Judge Cunningham.

 "Choice was a wonderful man," said Stanley Thomas, who mentioned that he was born in 1946 at Allen Memorial Hospital in Bonham. "If you had known him, you would know that."

(L-R) Stanley Thomas and Fannin County Judge Newt Cunningham - photo by Lisa Loiselle

Malinda Allison, representing the Fannin County Historical Commission, gave a bit of history on the gavel that dates back to the era of the Republic of Texas.

U.S. Speaker of the House Sam Rayburn was given a similar gavel.

Judge Cunningham said the gavel would be preserved in a display case in the courthouse.

(L-R) Pct. 1 Commissioner Dale McQueen, Stanley Thomas, Fannin County Judge Newt Cunningham, Malinda Allison, Pct. 4 Commissioner Doug Kopf amd Pct. 3 Commissioner Jerry Magness - photo by Lisa Loiselle

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Fannin County Commissioners Court authorized the county auditor to move forfeiture funds from account 560-103-1560 in the amount of $8,000.00 to 560-560-5750.

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Fannin County Commissioners Court authorized the county auditor to move Forfeiture funds from account 560-103-1560 in the amount of $5,000.00 to 560-560-5740.

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Fannin County Commissioners Court authorized the county auditor to move Forfeiture Funds from account 560-103-1560 in the amount of $10,000.00 to 560-560-5790.

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Fannin County Commissioners Court authorized the county auditor to move Forfeiture funds from account 560-103-1590 in the amount of $62,000.00 to 560-560-5750.

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Commissioners court postponed until executive session a discussion regarding the hiring Edson Gonzales to repair all courthouse jury chairs to prevent swiveling.

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Commissioners court postponed until executive session a discussion regarding hiring Edson Gonzales to repair the courthouse basement flooring.

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Commissioners court approved a preventative maintenance service contract with H&G Systems, L.P. HVAC effective June 1, 2024 through May 31, 2025; $6,429.72.

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Commissioners court approved terminating the contract for informational technology services between BBC Consulting and Fannin County on May 31, 2024.

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Commissioners court voted to select nine members from last year's grand jury members  and three alternates to serve on the Salary Grievance Committee for fiscal year 2024/2025.

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Commissioners court voted to obtain a storage container with shelves, an air conditioner and temperature alarm for the county clerk to store files and supplies, not to go over $3,500, with the money coming from contingency.

A climate-control feature will be installed on the container which will be stored at the south annex.

County resident Rusty Deets voiced a concern that the City of Bonham may have an ordinance that restricts the use of containers. 

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Fannin County Commissioners Court unanimously voted to approve a resolution authorizing Child Care Facility tax exemptions per Texas Tax Code §11.36 at 50% of the appraised value of the real property.

"I think it is beneficial to the county," Judge Cunningham opined.

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Fannin County Commissioners Court unanimously voted to approve placing an additional ambulance at the Honey Grove Volunteer Fire Department location.

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Commissioners Court approved the submission of a request for 2024 Capital Credits to the Texas Comptroller. 

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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.)

Regarding courthouse repairs and litigation, Judge Cunningham reported that a hearing on a 202 motion to allow out-of-suit discovery is scheduled for later this month. 

Cunningham reiterated that every effort will be made to encourage contractors to make repairs, instead of asking taxpayers to pay for work that should have been done correctly in the first place.

Rusty Deets warned that if someone has their hand on the railing behind the jury chairs when someone on the back row of the jury chairs leans back, it can cause serious injury.

Cunningham expressed his frustration at contractors who are unwilling to step up and correct their mistakes.

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In a brief discussion regarding the justice center, Cunningham said he expects work to begin soon on the parking lot, drainage and landscaping.

"I think that within 4 weeks, we are going to be seeing a lot going on," remarked Cunningham.

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Regarding the county budget and revenue sources, Cunningham said the county has relayed concerns over extensive delays in the implementation of the Hotel Occupancy Tax (HOT). 

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Regarding water issues affecting Fannin County, Judge Cunningham complimented Commissioner Kopf for encouraging members of Fannin County Water Supply Agency to either step up or step aside.

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In a discussion regarding solar and wind farms, Cunningham repeated his commitment to "no abatements" and explained his reluctance to turn historic prairieland into solar farms.

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Executive session(s)

Fannin County Commissioners Court entered into executive session at 10:36 a.m. to consult with their attorney, and to discuss personnel issues.

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Commissioners court reconvened in regular session at 11:25 a.m. and approved hiring Edson Gonzales as a seasonal worker under the direct supervision of Fannin County Director of Maintenance, Ruben Moreno, who will determine compensation.