Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, March 10, 2025.
The meeting opened with an invocation by Colby Rich, youth pastor at 7th & Main Baptist Church, and pledges were led by Major James Manis (Ret.).
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In public forum, Ron Green asked that Wise Funeral Home be considered for the county's indigent burial plan.
Cooper-Sorrells Funeral Home has maintained that contract for the past 14 years.
Bonham resident Rusty Deets repeated last week's complaint about the lack of proper cleaning in the courthouse.
Deets also asked the county judge to not interrupt when residents are addressing the court during public forum.
Fannin County Judge Newt Cunningham remembered Hal Fowler as a pillar of the community, a dedicated public servant, a good family man and a friend.
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Routine items
Commissioners court approved payment of bills totaling $1,266,422.39.
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Commissioners court approved minutes from a regular meeting held February 25, 2025.
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Report of monies received by the County Clerk’s office for February 2025; All courts, $11,916.50 and Land Records, $27,238.50.
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Report of monies received by the District Clerk office for February 2025; $26,316.71.
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Report of monies received by the Justice of the Peace Precinct 1 office for February 2025; $15,015.20.
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Report of monies received by the Justice of the Peace Precinct 2 office for February 2025; $7,037.00.
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Report of monies received by the Justice of the Peace Precinct 3 office for February 2025; $7,234.50.
Discussion items
Commissioners court held a discussion regarding the possible appointment of a Fire Marshal for Fannin County.
"There are a lot of things a Fire Marshal can do to keep us safe," Judge Cunningham remarked, adding that lower insurance rates are another benefit.
The most cost-effective scenario would call for increasing the pay of Fannin County Emergency Management Coordinator Troy Hudson in order to enable him to take on the additional responsibility of a county Fire Marshal.
Hudson suggested that he be appointed as Fannin County Fire Marshal for two years in order to establish a county fire marshal office.
Hudson detailed the fire marshal's responsibilities, particularly as they relate to the oversight of commercial businesses. At the present time, no county official is conducting inspections to insure compliance with regulations.
Since Bonham is the only town in the county that currently has a fire marshal, a county fire marshal could work with all the other cities and volunteer fire departments.
If Fannin County adopts a code for the fire marshal's office, current businesses would be required to come up to code.
"There is a need here," observed Cunningham. "We just have to take a look at it and decide what we want to do. We need to step up before we have a tragedy take place."
"This is an issue I'm dealing with," stated Savoy Mayor Roger Cada, noting that a battery energy storage system with 281 containers of lithium-ion batteries is nearing completion only 700 yards from Savoy Elementary School.
"Having a fire marshal is critical, but we need it now," Cada told the court. "Please consider this and a 391 commission."
A 391 commission can compel state agencies to coordinate actions.
Cada said the company operating the battery energy storage system doesn't want local first responders on the property, but instead tells local residents that any emergency response would have to come from Rockwall, Texas.
Di Hopkins, Development Services Director for Fannin County, told the court that she has been contacted by a company wanting to establish a battery energy storage facility near Lake Bonham on Rec. Road 3 that is inside the 5,000-foot zoning boundary around Bois d'Arc Lake. This location would seem to be perilously close to the water supply for the City of Bonham.
"We need to be very careful with who we let come into this county," Cunningham opined. "We can't stop them, but don't have to accommodate them."
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In a discussion regarding election costs, Fannin County Clerk Jenny Garner told of upcoming elections for 11 different school and city entities. Early voting is set for April 22-29, with election day May 3, 2025.
These entities will provide staff for early voting at an average cost of $10,000 to each of these entities.
The county will need to pay for programming.
Garner said she has fielded several inquiries regarding an Elections Administrator, but no applications have been received at this time. The county is offering a salary of $58,600 for the position.
Garner pointed out that state code dictates that public buildings must be made available for elections during regular working hours at no cost. She said it makes sense for the county to be working with entities holding elections, but cautioned against accepting all responsibility and costs.
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In a discussion regarding enforcement of regulations and ordinances, "Cunningham stated, "If you are going to have regulations and ordinances, you need to enforce them."
Junkyards and sexually oriented businesses have been the subject of the majority of complaints.
Cunningham suggested compiling a short list of what the county can enforce, and then set priorities.
Molly Hayes asked who to contact regarding business activity at a sexually oriented business.
Cunningham said the first step would be to schedule a meeting with the sheriff, county judge, constable and district attorney.
Hayes asked for a clear chain of command to address enforcement.
"The people of Fannin County have spoken," Hayes stated. "It is time to enforce this."
"Molly, we will get a path to enforcement set up," Cunningham promised.
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Commissioners court discussed the Bois d’Arc Lake Comprehensive Plan in relation to trails, retail and commercial zoning.
Cunningham called the Comprehensive Plan a vision of what the county residents want to be doing around the lake.
Initial discussions mentioned a network of trails that connected Bois d’Arc Lake and Lake Ralph Hall, and tied into an abandoned railway that is now owned by the state.
Pct. 1 Commissioner Troy Waggoner asked who would maintain trails.
Cunningham responded that the county couldn't afford to maintain an extensive network of trails, but this could be seen as an asset to developers and worked into agreements with Public Improvement Districts.
In regard to commercial development, Cunningham said the plan calls for commercial retail at key locations around lakes and major intersections and he urged commissioners to study the comprehensive plan and suggest modifications.
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Commissioners court discussed the development of a park and/or campground adjacent to Bois d’Arc Lake.
Former Pct. 3 Commissioner Jerry Magness held preliminary discussions with North Texas Municipal Water District that indicated NTMWD would be willing to give the county acreage for a park near a boat ramp, but developing a park would cost the county approximately $1 million.
By comparison, the county was misled into believing the Forest Service would return the Lake Fannin property to the citizens of Fannin County, but the Forest Service now estimates the market value of the tract of land at $6 million.
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Discussion, consideration and action items
Commissioners court voted to accept a counter offer of $8,250 per acre for the 41 acres in Ector that was deeded to the county with the caveat that proceeds would benefit children. After associated costs are deducted, the county will place the remainder, approximately $300,000, in a dedicated account and use the interest it accrues annually to the benefit of local children.
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Commissioners court approved a Change in Zoning application from A&R, Agriculture & Ranching District to RE, Rural Estate Single Family District on CR 2750 in Honey Grove, Property ID# 70732.
No protests were received and the zoning commission recommended approval.
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Commissioners court voted to allow Precinct 4 to bid up to $25,000 to purchase a single-axle water truck through Purple Wave Auctions on the condition the equipment is currently available on Purple Wave.
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Commissioners court passed on an agenda item regarding the purchase of two 2018 Ace belly dump trailers for Precinct 1 for $48,000; includes new tires and delivery, trailers to be inspected prior to purchase.
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Commissioners court passed on an agenda item regarding a potential change order at the Justice Center for additional Furr Out Wall at existing wall between the court and county sides per RFI-027, additional finished wall with electrical and sheetrock was not included; $31,283.00.
The third courtroom at the Justice Center will initially be utilized as storage area with equal space for the county clerk and district clerk and a dividing wall to separate the two areas.
Pct. 1 Commissioner Waggoner suggested that the cinder block wall was in the original plan, but was overlooked by the architect.
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 have a Zoom meeting Wednesday, March 12, 2025.
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In regard to courthouse repairs and litigation, Cunningham said a subcontractor insists that floor issues are outside the one-year warranty. The county will move forward with litigation.
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In regard to the Justice Center, a pro bono evaluation of the roof by All Seasons Contracting revealed numerous discrepancies, ranging from water damage to guttering that needs to be redone.
There is also an issue with drainage in the parking lot. The county is still debating whether to install a concrete parking lot or go with a cheaper asphalt parking lot.
"As flat as that is, you will be fixing asphalt from now on," Waggoner predicted.
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In regard to the county budget and revenue sources, Cunningham told how a vendor charged the county $24,000 to set up a Hotel Occupancy Tax revenue stream that would generate $100,000 annually. So far, the vendor hasn't produced as expected. The county will seek to recover its initial expenditure.
In regard to funding for the Justice Center, Fannin County Auditor Alicia Whipple said the county has remaining funds of $12,774,810.34 for this project.
The contract with the Construction Manager at Risk, Crossland Construction, is for $15,136,389.00, of which $5,435,717.41 has already been paid.
The contract with the architectural firm, Eikon Consulting, is for $995,500.00; $788,037.31 has already been paid.
Whipple said the county has remaining funds of $12,774,810.34 dedicated to this project. (Bond money remaining is $10,827,704.97; money from real estate sales is $1,947,105.37.)
The county still owes Crossland Construction $9,908,134.28, and the county owes Eikon Consulting $207,462.69.
Whipple said that, without any changes, the county would finish this project $881,938.34 in the black. She noted that the county would need an additional $1,984,737.72 if the county decides to finish out 5,106 square feet for the Tax Assessor-Collector and 3,330 square feet for Juvenile Probation in order for those two departments to be housed at the Justice Center.
The county has $539,000 in contingency for this project.
The most pressing matter now is to study the condition of the roof.
In response to the previous discussion regarding a county fire marshal, Cunningham estimated that using the Emergency Management Coordinator office would cost one-third of what it would cost to set up a fire marshal office from scratch. He urged the court to expedite this matter and it will likely be on the agenda for next week.
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The next meeting of the Fannin County Water Supply Agency will be 4:00 p.m. Thursday, March 27, 2025.
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In regard to overweight trucks and highway safety, Cunningham recalled a recent meeting with State Representative Shelley Luther and representatives of TxDOT.
Cunningham said that since the overpass in Trenton has been closed, there have been no major accidents at that location; there were five major accidents there last year.
Lowering the speed limit could be one option, along with improving highway entrances and exits.
Executive session(s) and action if needed
Pursuant to Texas Government Code, Section 551.071, Commissioners court entered into executive session at 11:25 a.m. to consult with their attorney.
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Commissioners court reconvened in regular session to announce that no action was taken in executive session.
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Pct. 1 Commissioner Troy Waggoner and Pct. 3 Commissioner Kurt Fogelberg thanked constituents for help with tree and brush removal after recent storms.
Pct. 2 Commissioner A.J. Self warned of another possible high-wind event later this week.
Judge Cunningham asked the community to keep the family of Hal Fowler in their prayers.