Fannin County, Texas -- All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, April 29, 2025.
The meeting opened with an invocation by Dan Gurley, pastor of Grace Global Methodist Church of Bonham, and pledges were led by Major James Manis (Ret.).
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Fannin County Judge Newt Cunningham recognized Savoy Mayor Roger Cada in attendance.
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In public forum, Fannin County Judge Newt Cunningham took a moment to remember the late Joe Moss as "a major contributor to our political system in Fannin County for years."
Cunningham went on to call the former local attorney "a very honorable fellow," and "a public servant."
Cunningham asked for a moment of silence to remember Moss in prayer.
On another subject, Cunningham rebuffed amateur legal eagles for wasting county employees' time and tax dollars by giving incorrect legal advice.
"It's very important that we know what the law is," Cunningham began. "I'm bothered when people come up here who aren't attorneys and begin representing to the county what the law is. That's troublesome."
"I don't want people misleading my court into believing the law is something other than it is," Cunningham added.
The most recent examples include claims that the county fire marshal isn't authorized to enforce the fire code, and that Fannin County is an open-range county.
"Fannin County is not an open range," Cunningham said. "In 1918-1919 they closed the ranges. Our DA years ago got an opinion from the attorney general saying we are not an open range. And it's disturbing to me that I've got non-attorneys up here making pronouncements and advising commissioners on what the law is when they have little to no idea what the law actually is."
Code 352 gives the county the right to hire a fire marshal.
Cunningham said he is going to try to avoid engaging in dialogue with people who are representing "facts" that he knows is not the law.
Malinda Allison reminded residents to check out the exhibit of prehistoric and Caddo artifacts at the courthouse, courtesy of the Honey Grove Library, and that Cody Davis, lead archeologist on the Bois d'arc Lake project, will give an enlightening historical presentation in the courtroom at 2:00 p.m. on Saturday, May 3 during Heritage Day Festival.
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Routine items
Commissioners court approved payment of bills totaling $161,150.39; payroll was $416,748.85.
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By a 3-0 vote, Commissioners court approved minutes from regular meetings held May 2, 2023 and September 5, 2023.
Pct. 1 Commissioner Troy Waggoner and Pct. 3 Commissioner Kurt Fogelberg abstained due to the fact that this was long before they were elected. Pct. 2 Commissioner A.J. Self, Pct. 4 Commissioner Doug Kopf and Judge Cunningham voted to approve the minutes.
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Commissioners court approved the Treasurer's Financial Report for March 2025, as well as the Treasurer's Investment Report for March 2025.
Discussion only
Fannin County Clerk Jenny Garner presented an election redistricting update. A review of redistricting is required on odd-numbered years.
The county will need to redistrict if the county exceeds 5,000 voters in any precinct or if the county population exceeds 50,000; the current county population is approximately 38,000.
When the population reaches 50,000, the county can begin to zone at places other than around the new lakes.
Garner noted that the last day of early voting was April 29. On election day May 3, polls will open 7:00 a.m.-7:00 p.m. on Saturday.
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Commissioners court discussed the Fannin County stock law.
"No more wild goose chases," Judge Cunningham stated, and he cautioned commissioners from taking advice from novices.
"We are a closed-range county," Cunningham reiterated.
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Discussion, consideration and action items
Fannin County Commissioners Court approved a Proclamation stating that April 27, 2025-May 4, 2025 is Texas Soil and Water Stewardship Week in Fannin County.
The state's Soil & Water Conservation Districts manage local natural resources and monitor the lack of compliance with ordinances.
Fannin Soil & Water Conservation District’s board is comprised of Ronny Hart, Chairman; Phil Haley, Vice Chair; A W Winningham, Sec/Treas; Mack Sells, board director; and Gary Rater, board director.
District #520 Secretary, Kelly Baker, said this year's poster and essay contest had 65 entries, including entries by Harper Tindale and Maesyn Mallicote that have advanced to the state level.
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Commissioners court approved office space for the Veterans Service Officer and the Emergency Management Specialist.
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Commissioners court passed on an agenda item regarding the adoption of the 2023 version of the National Fire Protection Association Code 855.
The fire marshal has the authority to use any nationally recognized code; therefore, a vote on this agenda item by commissioners court wouldn't have any impact.
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Commissioners court voted to add verbiage to Section 5.1 of the Fannin County Subdivision Regulations; to allow shared driveways on TXDOT roads.
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Commissioners court passed on an agenda item regarding an increase in pay of part-time employee pay in the county clerk’s office; to be paid from Fund 200, Records Management.
Fannin County Auditor Alicia Whipple has cautioned that the motion may be unlawful.
Fannin County Clerk Jenny Garner pointed out that she is operating within the limits of her current budget and is not asking for additional money.
Pct. 3 Commissioner Kurt Fogelberg asked if this would help the county catch up on the minutes?
Garner said that was part of her request.
"I'd say that's a pretty big emergency," Fogelberg said of the backlog of minutes.
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Commissioners court passed on an agenda item regarding the hiring of two temporary workers for records management in the county clerk’s office; to be paid from Fund 127, Records Archive.
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Commissioners court tabled an agenda item to go out for a Request for Proposals (RFP) for county health insurance.
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Commissioners court passed on an agenda item regarding the purchase of a 2002 10-wheel Western Star 4900 Dump Truck with pup trailer with a Cummins N14 engine from Facebook Marketplace for Precinct 4; $35,000.00.
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Commissioners court approved a public hearing on May 13, 2025 for placing No Thru Truck Traffic signs on CR 2520 in the unincorporated area of Bonham.
The proposal would establish CR 2520 as a restricted traffic zone with no thru-truck traffic.
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Commissioners court discussed additional work at the Justice Center.
The court approved additional work for storage areas for county clerk and district clerk, doors, and bailiff's area.
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Commissioners court passed on an agenda item regarding approval of an Additional Services Request from Eikon regarding design services for the parking lot; $32,500.00.
Brad Isbell of Eikon told commissioners court design services may be needed because, in a cost-saving measure, the original decision was to manage drainage while leaving as much of the parking lot as possible in place.
Now that changes have been made, Crossland Construction, the construction manager at risk (CMAR), is suggesting the redesign in order to improve maintenance and longevity of the parking lot, as well as help prevent water damage to the Justice Center.
Cunningham said there is also a big issue with the Justice Center roof that will impact discretionary funds for the project and he asked for a sit-down meeting with appropriate parties in short order.
In regard to materials used on the building's roof, Cunningham said GAF warranties run with the address, not the owner.
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Commissioners court passed on an agenda item regarding the approval of grading and asphalt (approx. $215,000.00) or grading and concrete (approx. $576,100.00) for the Justice Center parking lot.
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Commissioners court passed on an agenda item regarding discretionary exceptions and the Fannin County purchasing policy as permitted by Local Government Code §262.024.
Under state law, the county purchasing agent, appointed and salaried by the county judge and district judge, has more independent authority than many people realize.
"No one can do purchasing other than the purchasing agent," explained Judge Cunningham.
Otherwise, the purchase would be a misdemeanor.
In accordance with state law, to hire a purchasing agent or to terminate a purchasing agent would require the county judge and district judge to vote in unison.
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Commissioners court passed on an agenda item regarding the county's Purchasing Flow Chart.
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Open discussion items
Open discussion items may be passed on unless discussion requested by a member of the court or a citizen.
In regard to the county budget and revenue sources, Cunningham warned of a possible unfunded mandate that would prevent illegals from bonding out of jail.
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In regard to overweight trucks and highway safety, county residents are complaining about the excessive speed of truck traffic on FM 1753.
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In regard to Fannin County Fire Marshal Troy Hudson, Savoy Mayor Roger Cada voiced his support for the county fire marshal.
"We need to get behind Troy," Cada stated.
Executive session(s) and action if needed
Pursuant to Texas Government Code, Section 551.071, commissioners court entered into executive session at 11:56 a.m. to consult with their attorney, as well as to discuss personnel issues.
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Commissioners court reconvened in regular session at 12:24 p.m. to announce the appointment and salary of an assistant for Fannin County Development Services Director, Di Hopkins.
