Fannin County, Texas -- Witnessing Tuesday's marathon session of Fannin County Commissioners Court was yet another page in what is arguably the darkest chapter in the county's 188-year history of public meetings.
After a contentious regular meeting of commissioners court that ended at 4:14 p.m., the decision was made by a 2-1 vote to install a concrete parking lot at the Justice Center at a cost of $978,587.00, but the court couldn't reach any consensus on a proposed Memorandum of Understanding with Engie regarding the battery-energy storage facility near Savoy.
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Fannin County Judge Newt Cunningham presided over a regular meeting of Fannin County Commissioners Court on Tuesday, September 9, 2025, with Pct. 1 Commissioner Troy Waggoner, Pct. 3 Commissioner Kurt Fogelberg and Pct. 4 Commissioner Doug Kopf in attendance; Pct. 2 Commissioner A.J. Self was absent.
The meeting opened with an invocation by Judge Cunningham, and pledges were led by Air Force veteran, Jenny Garner.
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Cunningham introduced Savoy Mayor Roger Cada in Attendance.
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In public forum, Cunningham complained about the lack of proper decorum in commissioners court.
"You talk about decorum and you're the biggest offender of all!" Bonham resident Rusty Deets told Cunningham later in the meeting.
Cunningham said he believes Fannin County Fire Marshal, Troy Hudson is operating lawfully, and commended master electrician Robert Fleckenstein for volunteering his expertise to advise Cunningham.
Jason Walker has asked if Fleckenstein's company was bidding on projects while advising Cunningham.
Walker complained about the continuing grandstanding by Cunningham and suggested that Fannin County study the path taken by Van Zandt County that resulted in a restraining order that halted a battery-energy storage facility in that county.
Walker urged Fannin County officials to work with the state fire marshal's office in order to obtain comprehensive inspections of the battery-energy storage facility near Savoy.
"The state basically said it wasn't their problem," Cunningham stated, and he introduced State Representative Shelley Luther who joined the meeting.
By the end of the meeting, Cunningham had been informed that the state fire marshal had actually agreed to inspect the battery-energy storage facility near Savoy if the county would extend an invitation.
Ron Green, owner of Wise Funeral Home, continued to complain that Cooper-Sorrells Funeral Home graded much higher than Wise Funeral Home by a committee that selected the county's Mortuary and Transportation Services contract.
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Routine items
Commissioners court approved payment of bills totaling $1,045,541.95.
Commissioner Waggoner noted that $539,842.53 was a payment to Crossland Construction for work at the Justice Center.
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Commissioners court approved minutes from a regular meeting held December 21, 2021.
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Report of monies received by the District Clerk’s office for August 2025 in the amount of $21,255.96.
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Report of monies collected by the County Clerk’s office for August 2025; all courts combined, $19,594.97 and land records, $34,059.75.
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Report of monies received by Justice of the Peace Precinct 1 office for August 2025; $31,902.00.
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Report of monies received by the Justice of the Peace Precinct 2 office for August 2025; $13,588.00.
Discussion items
Commissioners court discussed new Food Permit Regulations and fees in response to Senate Bill 1008. The bill relates to state and local authority to regulate the food service industry, including county permit requirements and a registry for local ordinances.
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Discussion and possible action items
Commissioners court to approve a weapons trade-in on the purchase of new firearms for the sheriff’s office with a recommended vendor.
"The weapons we currently have are not up to par," Fannin County Chief Deputy Mike Ditto explained.
The sheriff’s office compiled list of weapons to trade in for a value of $11,600.
The total cost of weapons acquisition from Past & Blast is approximately $36,000, but the trade in lowers the actual cost to $25,095.00.
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Commissioners court voted to accept a donation from Community Well to sponsor two deputies at the 12th Annual Mental Health Conference in San Marcos; approximate value is $2,000.00.
The county will be responsible for transportation and food for the two deputies.
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Commissioners court voted to accept the donation of a UAS Drone from Duncan Berry for Fannin County’s Search & Rescue team. The approximate value of the drone is $1,900.00.
The drone can also be used to inspect hazardous material situations before first responders are jeopardized.
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Commissioners court passed on an agenda item regarding an Interlocal Agreement for Mutual Aid between Fannin County and Delta County for fire and EMS response in Pecan Gap.
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Commissioners court voted to approve a Memorandum of Understanding with Texoma Council of Governments (TCOG) for FY2025 Homeland Security Grant Division equipment.
Pct. 3 Constable Kevin Mayberry asked that constables from Pct. 1 and Pct 3 to be involved in this grant process.
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Commissioners court voted to approve Potential Change Order #021, which is for necessary climate-controlled storage areas for the county clerk and district clerk at the Justice Center for a maximum amount of $263,271.00.
Waggoner suggested several cost-saving measures that can lower the cost.
Representatives of Crossland Construction and Eikon Consulting Group estimated that the cost of the two climate-controlled storage areas can be whittled down to approximately $235,000.
It was pointed out that the Change Order's number is misleading because there have only been two Change Orders to date on the Justice Center project.
Bonham resident Rusty Deets said this has been one of the agenda items that has been discussed repeated. Deets questioned why the storage areas for the county clerk and district clerk weren't in the original plans because both storage areas are necessary.
"It should have been," said Pct. 1 Commissioner Troy Waggoner.
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Commissioners court approved pass-through slots for paperwork at the judges’ benches at Justice Center.
Both judges and the bailiff have requested the slots and there shouldn't be any added cost associated with this minor modification.
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Commissioners court held a lengthy discussion to select materials for the Justice Center parking lot.
As a cost-saving measure, the court had considered installing an asphalt parking lot, but workers were disappointed to find that the original parking lot wasn't a full-depth parking lot designed to industry standards. In large part due to drainage issues, by the time the subsurface was reworked for full-depth asphalt, the cost of asphalt would approach the cost of concrete. In addition, asphalt would require regular maintenance.
Walker said it was apparent that the county assumed the original parking lot was built to industry standards.
"That assumption is costing taxpayers a million dollars," Walker remarked, noting that the Justice Center project is already 77% over budget.
By a slim 2-1 margin, the court voted to install a concrete parking lot for $978,587.00.
Waggoner and Pct. 2 Commissioner Kurt Fogelberg voted in favor of the concrete parking lot, Cunningham abstained and Pct. 4 Commissioner Doug Kopf cast the opposing vote.
"That will put us a million dollars further in the red," Kopf explained. "I know concrete is better, but we don't have the money."
Fannin County resident Malinda Allison asked the court to consider the location of handicapped spaces and the convenience of people accessing the county clerk.
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Commissioners court voted to approve a Facilities Extension Agreement with Oncor for the installation of an electric meter at the Justice Center.
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Commissioners court passed on an agenda item regarding a waiver of Subdivision Regulations Section 5.1(d) requiring multiple points of ingress/egress for a development on CR 2980 in Windom, 30+ lots; Property ID #75787.
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Commissioners court passed on an agenda item regarding RFQ for Engineering/Inspection Services.
"What are we inspecting?" asked Jason Walker.
"I'd be pretty sure it's the courthouse," Fogelberg quipped.
Cunningham has a history of using issues with the courthouse to deflect attention from the spiraling cost of the Justice Center.
Walker asked for agenda items to be more descriptive in order for commissioners to be able to study the subject.
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Commissioners court voted to approve No Thru Truck Traffic signs on County Roads 1105, 1215 and 1265.
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Commissioners court discussed the receipt and distribution of $57,498.72 of 2025 Capital Credits from the Texas Comptroller Office.
The county's four chambers of commerce will divide $11,499.72 and each receive $2,874.93.
Public libraries in Bonham, Honey Grove and Leonard will divide $11,499.75 and each receive $3,833.25.
Fannin County Children's Center, Fannin County Museum of History and Creative Arts Center will each receive $11,499.75.
Malinda Allison of Fannin County Museum of History noted that the museum isn't a line item in the county budget and would greatly appreciate being included in the distribution.
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Commissioners court passed on an agenda item regarding US Marshal Modification #12; Per Diem Rate and Guard/Transportation Hourly Rate.
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Commissioners court held another discussion regarding whether it should meet weekly or transition to bi-weekly regular meetings.
Janie Bellows suggested that the all-day commissioners court session on September 9 is an indication that weekly meetings are necessary.
Deets echoed the concerns expressed by Bellows.
Walker said he is in favor of commissioners court meeting twice a month even though the list of agenda items would be considerably longer.
Fogelberg pointed out that commissioners court has already voted to meet twice a month starting October 1, 2025, making this is another example of superfluous agenda items that drag out court meetings.
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Commissioners court discussed changes to the Rules of Procedure, Conduct and Decorum.
One change was due to HB 1522 requiring 72 hours of public notice before public meetings. Another change was regarding the court going to bi-monthly meetings.
Jason recalled being admonished by Cunningham for saying "crap" and "BS" in last week's meeting despite of basic rules regarding freedom of speech.
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Commissioners court hosted a debate regarding a Memorandum of Understanding with Engie regarding the Battery Energy Storage System in Savoy.
Engie officials want to begin testing as soon as possible, although Savoy residents and commissioners court are concerned with the myriad of potential safety issues associated with lithium-ion batteries and eventual clean-up of the site.
Savoy Mayor Cada asked that all safety precautions be observed and read a statement by State Representative Shelley Luther regarding her critical view of battery-energy storage facilities.
Russ Keene, a senior advisor with Engie, agreed with Cada that safety precautions must be followed and admitted that Engie did a poor job of communicating with neighbors.
"We believe the site is safe," Keene said.
Keene said Engie is a 150-year-old global company that originated in France and has been in the US for 50 years, where it now operates nuclear plants, wind turbines, solar farms, and battery-energy storage systems.
The Savoy facility is a $300 million investment that will result in payment of $11-$12 million in property taxes to Savoy ISD over the life of the facility, and a PILOT agreement with the county calls for payment of $4.1 million over the next 20 years.
Keene noted that this project started in 2022 after being told by the county officials at that time that no permits were required. He said 300 battery-energy storage systems are planned for Texas and Engie may have had first battery-energy storage system connected to the grid in Texas.
Keene said ERCOT has been ready to inspect this facility since June and the facility will have to power up at least partially in order to conduct tests. He said the company has never had a thermal runaway.
Keene estimated it will take six months to build a secondary access route to the facility, including $450,000 for a bridge, but Engie has set aside a $750,000 bond to ensure completion of a secondary road.
Engie has offered $250,000 to Savoy FD for protective equipment and training. The company was offering $25,000 to volunteer fire departments in Ector and Savoy, but Waggoner was successful in getting Engie to increase that amount to $50,000.
Keene explained that the facility can only market 300 megawatts for two hours, for a total of 600 megawatts. ERCOT will need to test up to 20 megawatts.
For advice, Engie has retained the services of two retired fire chiefs from Collin County, Danny Kistner, Phd, of McKinney Fire Department and Del Albright, who led the Murphy and Brownwood fire departments.
Waggoner explained his close connection to the Savoy community and suggested to bringing the state fire marshal to inspect the site.
"We wouldn't object," Keene told Waggoner.
The court recessed for lunch at 12:40 p.m.
Walker said he spoke with the state fire marshal during the recess and the state fire marshal offered to come check the facility near Savoy if the county would only request him to make an inspection.
Cunningham backtracked from his earlier statement that the state fire marshal wouldn't be interested in inspecting the battery-energy storage facility near Savoy.
Andy Walker invited Cunningham to attend a meeting of Ravenna Volunteer Fire Department, or join a VFD to learn how they operate.
With stipulations, Fogelberg made a motion to approve the Memorandum of Understanding with Engie, but the motion died for lack of a second.
Kopf said he is inclined to favor continuity with the previous commissioners court, but added, "In my opinion, batteries are not the answer. However, maybe batteries will tide us over until there is an answer."
Cunningham said the company isn't required to submit a clean-up plan until a couple of years before shutting down the facility.
Keene said that an agreement with the landowners states that Platinum Battery Energy Storage System, a subsidiary of Engie, will be responsible for clean-up.
"Here is the problem...the law doesn't require them to clean it up," Cunningham pointed out, adding that when he asked to see that agreement, he was told it was confidential.
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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 construction (courthouse repairs and Justice Center) Walker said that last week he asked if Fleckenstein or his company bid to do electrical work for the county during the time he was giving advice to Cunningham.
Cunningham insinuated that some group was plotting against him during the lunch break and warned commissioners about a walking forum, but he was told that only two commissioners were present.
Andy Walker asked Cunningham to expound on what he was accusing this "group" of, but didn't get an answer.
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In regard to the county budget and revenue sources, the sheriff would like to issue a notice of non-renewal to the current vendor supplying phone service to inmates.
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In regard to Fannin County roads, water issues and risk assessment, Cunningham said, "When it comes to roads, we need to take a look at unitization," calling the precinct concept "outdated" and noting that 64 counties in Texas have gone to unitization, a process that combines smaller, separate entities such as precincts into a single, larger, and more efficiency.
"It will not work in Fannin County," Waggoner said.
Fogelberg said unitization works best in large wealthy counties and very poor counties that are forced to share equipment.
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In regard to solar, wind, battery energy storage systems and the county fire marshal, Cunningham remarked, "Troy Hudson is doing a good job."
Walker asked why the fire marshal has time to show up at athletic events, but isn't responding in a timely manner to Freedom of Information Act requests.
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In regard to EMS, Cunningham read an explanation for a lengthy delay in responding to a call.
Walker asked if Allegiance is planning on moving from its Ector location.
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Executive session(s) and action if needed
Fannin County Commissioners Court had no need for executive session and adjourned at 4:14 p.m.
