The meeting opened with an invocation by Brian Lackey, pastor of OneCity Church in Bonham, and pledges were led by Major James Manis (Ret.).
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Judge Cunningham introduced Bill Roberts, Fannin County Democratic Party Chair; Melanie Grammar, Fannin County Republican Party Chair; Randy Moore, former county judge; and Lauri Blake, former district judge.
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Routine items
Commissioners court approved bills totaling $136,284.30, payroll was $396,990.79.
The two new commissioners asked for a more detailed report regarding bills.
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Commissioners court approved minutes from a regular meeting held December 31, 2024.
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The interim Indigent Healthcare Coordinator presented Indigent Healthcare Quarterly Reports for Quarter 4, FY24 and Quarter 1, FY25.
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Report of monies received by the County Clerk’s office for November 2024: Courts, $14,794.02 – Land Records, $29,234.00 and December 2024: Courts, $13,320.38 and Land Records, $31,083.75.
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Report of monies received by the Justice of the Peace Precinct 2 office for December 2024 - $9,827.00
Discussion items
A discussion regarding domestic water issues at the future Justice Center occurred later in the meeting.
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Discussion, consideration and action items
Commissioners court discussed the pending need to fill the elections administrator position for Fannin County.
Judge Cunningham commended Fannin County Clerk Jenny Garner for being willing and able to handle this challenging responsibility along with the duties of county clerk, but suggested it is time to divide the duties of the county clerk and elections administrator. Cunningham predicted that the salary of an elections administrator will likely be 50% more than the county had been paying elections supervisor Galen Bennett prior to his retirement.
Garner advised the court that the state will need a formal resolution from Fannin County Commissioners Court that establishes a starting date for a county elections administrator and added that the elections administrator can be hired 90 days prior to that date.
To select an elections administrator, Fannin County will need to form a commission comprised of the county judge, county clerk, party chairs and tax assessor-collector, as prescribed by state statute.
Garner noted that money for this position is already allocated for this year in the budget, with a tentative effective date of June 2025.
Commissioners court was presented with two options:
Election Administrator
(Option I)
Phased in by October 1, 2025
December 2024 – County Commissioners Adopt an Order Creating EA Position Effective October 1, 2025
Notify SOS and member of the Election Commission (County Judge, County Clerk, County Tax Assessor,
Republican Chair, and Democratic Chair) within 3 days of adoption of order
Advertise for Election Administrator SUPERVISOR (hired by County Clerk’s Office)
January/February 2025 – Interview/Hire EA Supervisor
March 2025/April 2025 – Work with EA Supervisor to manage May Election
May 2025 – Municipalities Election (May 3, 2025) (may include special election if called by Governor Abbott)
June 2025 – Advertise for Election Administrator (EA Supervisor expected to apply)
July 2025 – Interview/Hire Election Administrator Designate (selected by Election Commission)
October 2025 – Officially Change Job Title to Election Administrator/Separate Department from County Clerk’s Office
November 2025 – November Election (November 4, 2025)
Election Administrator
(Option II)
Effective June 1, 2025
December 2024 – County Commissioners Adopt an Order Creating EA Position Effective June 1, 2025
Notify SOS and member of the Election Commission (County Judge, County Clerk, County Tax Assessor,
Republican Chair, and Democratic Chair) within 3 days of adoption of order
Advertise for Election Administrator
January 2025 – Interview Election Administrator Designate
February 2025 - Hire Election Administrator Designate (selected by Election Commission); Designate must be moved to Election Administrator Position within 90 days.
March 2025/April 2025 – Work with Designate to manage May Election
May 2025 – Municipalities Election (May 3, 2025) (may include special election if called by Governor Abbott)
June 2025 – Officially Change Job Title to Election Administrator/Separate Department from County Clerk’s Office
November 2025 – November Election (November 4, 2025)
Melanie Grammar and Bill Roberts recommended Option II and suggested the county advertise regionally for an election administrator. Grammer said she would like interviews to begin in February.
Commissioners court voted to choose Option II.
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Commissioners court approved modifications in Fannin County Criminal District Attorney John Skotnik's office, with the understanding that restructuring the office won't impact the office's budget.
Skotnik introduced his new first assistant, Nathan Young, who was formerly employed by Grayson County.
"He has a very good reputation," Judge Cunningham remarked.
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Commissioners court passed on an agenda item regarding a one-time severance of one acre from a 19.959-acre tract on CR 3535 in Honey Grove, Property ID# 70404.
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Commissioners court passed on an agenda item regarding approval of a special exception application to reduce road frontage from 100’ to a 30’ access easement or 30’ road frontage, Property ID# 84518 on CR 2745 in Windom.
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Commissioners court passed on an agenda item regarding an updated Brazos lease for Precinct 1 Belly Dump Trailer; 40% price increase from $500 per month to $700 per month for six months.
All precincts can expect this same increase if contracts are renewed.
The purchasing agent will explore options.
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Judge Cunningham led a discussion regarding possible conflict of interest and disqualification from discussing or voting on issues.
"If we have a personal interest that could be affected by agenda items, we don't vote on them," Cunningham said, and he advised commissioners to avoid walking forums.
"We're going to be under close scrutiny in the future," the county judge predicted.
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Commissioners court discussed progress at the Justice Center project. Cunningham said he has monthly meetings with the construction manager at-risk (CMAR) and he invited a commissioner to attend.
Discussions are ongoing regarding pricing on an entry point between buildings, as well as the need for two waterlines instead on one. The county is awaiting cost estimates for the entry point, the additional waterline, and a climate-controlled storage area.
Cunningham pointed out that a third courtroom in the Justice Center won't be used for several years and that space could be used to resolve the storage issue.
The scenario at the Justice Center remains a fluid situation because the county is in the process of liquidating county-owned property to help pay for the project.
To date, the county has sold 119 acres near the Multipurpose Complex to BEDCO for $1.6 million, and five acres of county-owned property on FM 897 for $375,000.
Still in the works, the county has an offer of $89,900 for a lot on Chestnut Street in Bonham, and an offer of $150,000 for five acres with frontage on Silo Road.
The county was also deeded 40 acres near Ector, but proceeds of that land's eventual sale must benefit children. The county is considering selling this land for $10,900 per acre.
Currently, the county plans to house the Tag office and Juvenile Probation in the South Annex until the county can afford to move both departments into the Justice Center. Once the Tag office and Juvenile Probation can be located in the Justice Center, the county has expressed a desire to sell the South Annex.
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Commissioners court held a discussion regarding job descriptions for the facilities management coordinator and civil attorney.
Cunningham explained that the civil attorney works under the direction of the county judge, lately helping with litigation regarding contractors, and he reminded county employees that the civil attorney is not to be used as a personal attorney.
Cunningham said there is already a job description for the facilities management coordinator and he commended Ruben Moreno for his work ethic and impressive skill set.
Cunningham had photos to show how an electrical issue that Moreno spotted last week could have caused a fire in the courthouse.
"I'm ignorant about what else might be wrong with this courthouse," Cunningham said after displaying the photos.
Cunningham wondered aloud why the county didn't follow the advice of its construction manager for the courthouse restoration when the county was advised not to hire stonemason subcontractor Bryco-Bryant, and the county was also advised to file on the stonemason subcontractor performance bond, which didn't happen.
"Why didn't we follow their advice?" Cunningham asked rhetorically.
Cunningham then read a letter to the county's former purchasing agent, Michelle Case, dated12-23-21, into the record.
Ms. Case:
Thank you for your e-mail December 10, 2021, and I am pleased to hear that the masonry work performed, by Bryco has turned out so well. As you can appreciate, there were several obstacles Bryco overcame to complete this restoration project. Mr Carter played a pivotal role in Bryco's success, including obtaining the necessary performance and payment bond, providing working capital and representing Bryco in numerous meetings with both Fannin County Officials and Turner Construction.
We have become aware that the Bryco contract is now the subject of a federal investigation, and we deem it prudent at this time not to release any of our internal documents. This e-mail though confirms that each pay application signed, by Mr. Carter was okayed by me, thru e-mails with Tony Jarecki, with his Mr Jarecki asking my permission each time and me e-mailing him back that he had my permission. No one has permission to sign any Bryco documents unless given consent by me.
Respectfully,
Geraldine Bryant, Owner
"How many people knew Spanky Carter was involved with Bryco?" Cunningham asked.
Cunningham also read a letter from master electrician Robert Fleckenstein into the record. Fleckenstein volunteered his services when the county found serious issues with electrical work done during restoration of the courthouse. Fleckenstein estimated that is might cost as much as $300,000 to bring the courthouse up to code and he suggested bringing in state inspectors who could pull licenses if the problems weren't corrected.
Fannin County Commissioners Court
January 7, 2025
County Judge and Commissioners,I would like to share my professional opinion of the current status and progress that has been made since the County officially identified the electrical code violations that were committed during the Courthouse renovations. It has been over one and a half years since the County notified the electrical contractor about the code violations they committed. By my estimate, the cost to correct the original list of violations may exceed $300,000. The driving cost factor is 1st, the building is occupied and 2nd the cost of the materials and labor to rectify the violations is high considering what must be accomplished in difficult conditions.
Since the time the electrical contractor had agreed to make the repairs there has been scant progress
made. In the last year and a half, only a handful of corrections were addressed. Many that were corrected created additional code violations!There have been several on site meetings that addressed the lack of progress and specifically the
contractors reluctance to complete many of the corrections. The last meeting I attended was in late
November of 2024. In that meeting we addressed the contractors comments regarding non complete items and physically inspected the work that was completed. We reviewed the scope of work that has yet to be completed along with the code sections that support the requirement that the corrections be made. The contractor was reminded that State of Texas adopts and enforces the current NFPA Standard, The National Electrical Code. Every three years the code is updated and the State has consistently adopted the new standard within the first year of the code cycle. In no situation can an individual or a County or City official chose to not follow the written code. It is the law in Texas.It is evident to me that the persons responsible for the continued reluctance to complete many of the code corrections have an incomplete grasp of the code. Many of the written responses from the contractors representative seem to be more of an opinion of a condition rather than a response that correlates with a code section that supports the opinion. The report I wrote with graphics provided are all based on the code.
It should be very clear for a professional installer to understand. I don't know how to communicate the code violations the contractor has performed in any manner more simple than I already have. In my 39 years in this business, I have never come across a contractor that has such a personalized interpretation of the National Electrical Code. Perhaps there are more serious representatives who will put forth the effort required to execute the required changes.
Just recently the Courthouse heating system experienced an electrical fire. Although the fire was contained in the electrical enclosure specific to the areas of failure, this event should be a wake up call to the County in regards to current state of electrical wiring in Courthouse. These failures were either caused by improper overcurrent protective device, improper size and rating of the conductor and connecting devices, improper installation, likely improper torque values or all of these possibilities. I have not personally inspected the situation so I cannot comment further on the exact cause, but in my experience the reasons I listed are all possibilities. This work is typically completed by the electrical contractor. Even though the component is part of the heating and air conditioning system, HVAC installers are typically not allowed to make these connections, TDLR has some exceptions, however I do not believe these exceptions apply in this type of installation.
As tax payers and for some County officials entrusted with the life safety of the Public, as well as County employees, we must be certain that we have taken all precautions necessary to ensure that the building is electrically safe to occupy. This latest fire is serious. We could lose this Courthouse to fire.......seems this has happened before.
Getting to bottom of the issues related to electrical safety should be a priority. The County may be waiting for the electrical contractor correcting their mistakes for a long time unless more persuasive action is taken to sufficiently motivate the decision makers to complete the serious code violations per an agreed upon schedule.
Respectfully
Robert Fleckenstein
ME 248330
"I'm going to do my best to get this thing finished," Cunningham remarked.
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Commissioners court voted to remove Sheriff Mark Johnson and Commissioner Jerry Magness from the Public Facilities Corporation (PFC) Board and appoint Sheriff Cody Shook and Pct. 1 Commissioner Waggoner 1 to the PFC Board.
The Fannin County Jail houses approximately 500 Marshals Service prisoners, along with 100 county detainees.
The Marshals Service pays $101 per day for prisoners, and the county pays $67 per day to house detainees.
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In a discussion regarding county-owned properties, Cunningham said the county continues to identify marketable properties.
County resident Jason Walker asked the court to stop selling long-term assets and live within its means.
"We don't need to sell off the future of Fannin County," Walker opined.
Cunningham replied that counties are discouraged from owning or investing in property that isn't being used.
"I think we go ahead and identify property and if we decide we don't want to sell it, we don't sell it," Cunningham suggested.
Open discussion items
Open discussion items will be passed on unless discussion requested by a member of the court or a citizen.
Regarding Fannin County road issues, Commissioner Waggoner advised that Pct. 1 had to close a portion of CR 4110 due to a safety issues, but the two households on the road still have ingress and egress.
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In regard to Emergency Medical Services, Cunningham said he understands that Alliance will be adding an additional ambulance in preparation for the snow and ice forecast for later this week.
The county judge added that county employees will be notified in due time of any schedule changes.
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Executive session(s) and action if needed
Fannin County Commissioners court had no need for an executive session and adjourned at 11:20 a.m.
