Fannin County, Texas -- The crisis in leadership continued to plague Fannin County Commissioners Court during another contentious regular meeting Tuesday, with all four commissioners calling out Fannin County Judge Newt Cunningham's personal agenda to continually demean the 1888 Fannin County Courthouse.
Even after occupying the courthouse for longer than three years, Cunningham has refused to sign a document that restoration of the courthouse is complete, which has delayed a final $600,000 payment to the county from Texas Historical Commission. Delaying the final payment has knocked the county out of thousands of dollars in interest.
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All five members of Fannin County Commissioners Court were present for the regular meeting Tuesday, October 14, 2025. The meeting opened with an invocation by Cunningham, and pledges were led by Air Force veteran, Jenny Garner.
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Cunningham introduced Savoy Mayor Roger Cada in attendance.
Constable David Thompson introduced deputy constable Doris Whitworth, the first female deputy constable in Fannin County history.
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In public forum, Cunningham said the county is declaring a burn ban.
Pct. 3 Commissioner Kurt Fogelberg took a moment to explain that he votes in accordance with his constituents' desires and the court should not belittle his opinion.
Pct. 1 Commissioner Troy Waggoner thanked the other commissioners for their help repairing CR 1265.
Bonham resident Bill Carey said he is concerned that Fannin County Commissioners Court did not adhere to all requirements of the Open Meeting Act by not providing adequate notice of Tuesday's meeting.
Ten county residents addressed the court to express concerns regarding the battery-energy storage system (BESS) near Savoy. Residents have been alarmed to watch the site expand from eight acres to 18.2 acres. Primary concerns are a lack of sufficient water availability in case of emergencies, the need for dual access routes, the importance of a third-party assessment of this site, and a site-specific emergency response plan.
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 $1,443,334.74; payroll was $394,444.59.
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Commissioners court approved minutes from meetings on 06/02/2021 (S), 08/20/2024 S1 and S2, 09/03/2024 (S) and (R) and 09/10/2024 (S).
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Report of monies received by the District Clerk’s Office for September 2025; $24,529.79.
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Report of monies received by the County Clerk’s office for September 2025; All courts combined, $16,340.20 and Land Records, $40,225.00.
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Report of monies received by the Justice of the Peace Precinct 1 office for September 2025; $25,952.60.
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Report of monies received by the Justice of the Peace Precinct 2 office for September 2025; $15,897.00.
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Report of monies received by the Justice of the Peace Precinct 3 office for September 2025; $5,376.20.
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Discussion items
Commissioners court discussed the County Awards Luncheon, which is tentatively slated for Tuesday, December 22, 2025. That date would conflict with the bi-monthly commissioners court meeting. Fannin County Tax Assessor/Collector Amber Sutherland organizes this event and suggested moving the commissioners court meeting to Monday, December 21, 2025.
The City of Bonham has notified the county that it could use the Multipurpose Complex December 22-23.
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Commissioners court discussed the bridge located on Property ID #70703 off of CR 1135 in Ravenna.
The county believes that although the bridge had been constructed in a flood plain, an engineering and hydrology report was submitted, a permit is in place, and the bridge is now in compliance.
Jason Walker contends there wasn't a permit in the system when the bridge was built, the landowner received the permit 18 months after the fact and it was backdated.
Cunningham said the county responded when it was brought to its attention.
Fannin County resident Susan Ackerman said she is perplexed by out-of-date procedures and the county's lack of transparency.
Ackerman said she moved to Fannin County from Washington State to get a way from rampant corruption.
"What I'm seeing now is not so great," Ackerman remarked. "Judge, I want to tell you to your face, when you roll your eyes and turn your head away, it is unprofessional. It's unacceptable. When I see Troy Hudson [Emergency Management Coordinator] over here rolling his eyes, it is unacceptable and unprofessional. If I was in my office and I behaved this way, I would be taken into HR [Human Relations] and written up and I would be fired."
Ackerman said she expects professional and honorable conduct. She did express appreciation to Pct. 1 Commissioner Troy Waggoner for responding to the needs of his constituents.
Cunningham asked that all Public Information Act requests be sent to his office.
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Discussion and possible action items
Commissioners court approved a contract with a company for investigative online software for 12 months for Constable Precincts 1 and 3; 2 users, unlimited searches to be paid from the 2025-2026 budget, $3,240.00 to be split equally between Constables 1 and 3 budgets.
Constable Thompson noted it is a cost-saving measure for two constables to utilize this software.
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Commissioners court approved a Memorandum of Understanding with Texoma Council of Governments (TCOG) for FY2025 Homeland Security Grant Division equipment.
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Commissioners court approved the Final Plat for Soto Estates on FM 272 in Leonard; 16 lots on 23.07 acres, Property ID#s 109121 and 79349.
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Commissioners court approved a one-time severance of 1.92 acres from a 33.227-acre tract on CR 4640 in Trenton; Property ID# 80490.
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Commissioners court approved a bond reduction from just under $1 million to $50,000 for Bois d’Arc Shores Subdivision on CR 2900 in Dodd City.
There are concerns regarding lack of water availability for all of the subdivision because four easements are still outstanding. It is worth noting that if a landowner refuses to allow an easement and wants water, the landowner will have to pay to have waterlines moved.
Pct. 4 Commissioner Doug Kopf estimated that it costs $200,000 per mile to expand right-of-way in order to widen roads
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Commissioners court approved Election Judges for the November 4, 2025 Election.
Presiding Judges for Election Day: November 4th
Precinct 1: Presiding Judge: Fred Wilson
Atl. Judge: Wayne Finey
Precinct 2: Presiding Judge: Annette Cooper
Atl. Judge: Carol Tanner
Precinct 4: Presiding Judge: Kristi Ashlock
Atl. Judge: Reynell Linton
Precinct 5: Presiding Judge: Diana Young
Atl. Judge: Johnny Ortiz
Precinct 10: Presiding Judge: Dustin Whitmire
Atl. Judge: Susan Vanerbent
Precinct 11: Presiding Judge: Joyce Buchanan
Atl. Judge: Lisa Carter
Precinct 16: Presiding Judge: Violet Spell
Atl. Judge: Suzie Henderson
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Commissioners court approved new Fannin County Clerk Fees.
Fannin County Clerk Jenny Garner told the court that data miners are filing numerous Public Information Act requests in order to receive land records back to the 1880s and then sell those records. This has proved to be cumbersome due to the county's computers not being designed for this type of records management.
Fannin County will increase its fee from four cents per page to 10 cents per page, which is what most counties charge.
There will also be a minimal increase for fees for plats.
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Commissioners court approved the county judge signing the Renewal Questionnaire for Fannin County’s Worker Compensation Program.
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Commissioners court approved the selection to keep current County Choice Silver Retiree plan for 2026.
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Commissioners court approved opting out of having the Texas Association of Counties print out and mail 1095-C Employer Provided Health Insurance Coverage forms to employees; County to make forms available by request online.
Texas Association of Counties has announced its intention to begin charging for the forms.
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Commissioners court passed on an agenda item regarding a Request For Qualifications (RFQ) for Engineering/Inspection Services for courthouse.
Three engineering firms are interested, included WJE. The initial step will be a survey with an associated cost.
"How much is this going to cost us?" asked Jason Walker. "Last week you said $75,000."
"The pricing hasn't been determined yet -- it's going to be negotiated," Cunningham answered.
Pct. 4 Commissioner Doug Kopf pointed out that the restored courthouse has been occupied for approximately four years and asked why some of Cunningham's concerns couldn't be the result of normal wear and tear.
"Because I've seen it since the beginning," Cunningham said.
"And you're a specialist?" quipped Fogelberg.
"I know when a basement is leaking," Cunningham said.
It is important to note that commissioners set aside money in April 2024 to do minor concrete work in the basement to correct the drainage issue. Although Cunningham continues to complain about the basement, no work has been done.
Pct. 2 Commissioner A.J. Self pointed out that the city fire marshal inspected the building.
"Are you going to tell me that you are going to go with what the city fire marshal said when we've had the state say he is wrong?" Cunningham countered.
Criswell gave the court a rundown of the history of WJE.
"Has the state fire marshal inspected this building?" inquired Bonham resident Rusty Deets.
Cunningham said the state fire marshal wouldn't have proper technical expertise and would only look for fire hazards.
"Judge, are we just continually doing inspections until we get the answer we think we want?" Kopf asked. "Or is someone really doing an honest inspection and we're not swaying them to make decisions on some kind of agenda we have? I think you have an agenda here. This county has a spending problem and we're going to hire other people to do inspections that have already been done?"
"Here's another problem, judge, that we need to talk about," Kopf continued. "There's $600,000 that we should still get from Texas Historical Commission that you are holding up."
"I'm not holding it up," claimed Cunningham.
"Then sign for it," Self confronted Cunningham.
"I've asked Alicia [Fannin County Auditor Alicia Whipple] to put in for it and she said she has," Cunningham said, in what seemed like an effort to cast the blame for his delay on someone else.
"This courthouse for you is a personal agenda," Deets told Cunningham. "You talk about transparency. You have lost all transparency when it comes to this courthouse. You have had a personal agenda...you do now...and I don't see it ever changing."
"We need to stop spending wasteful money," Walker told Cunningham.
"You are supposed to be helping us work together," Waggoner told Cunningham, "but you are always looking for a way to throw one of us under the bus every time we meet up here."
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Commissioner court briefly discussed vendors for Justice Center furnishings. Fannin County Purchasing Agent Julie Criswell said the committee is studying its final decisions, but it has been pleasantly surprised by pricing and warranties.
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Commissioners court selected nominees to the Fannin Central Appraisal District Board of Directors and approve a Resolution stating nominees; January 1, 2025 thru December 31, 2027.
Commissioners court nominated John Skotnik, Kurt Fogelberg and A.J. Self.
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Commissioners court approved an Order reducing the speed limit to no more than 30 m.p.h. on CR 2925 in Precinct 4.
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Commissioners court approved an Order reducing the speed limit to no more than 30 m.p.h. on CR 5066 in Precinct 2.
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Commissioners court entered into executive session at 11:59 a.m. to discuss Modification No. 13 of Intergovernmental Agreement between the U.S. Marshals Service and Fannin County to increase the per diem rate from $102.55 to $127.50 and the hourly guard and transportation rate from $29.65 to $32.65; effective for 36 months.
Commissioners reconvened in regular session at 12:20 p.m. to approved the modification, and the addendum to the operating agreement.
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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 county policies, ordinances, regulations and enforcement, Cunningham said the question about the legality of this meeting was off base because Columbus Day doesn't count as a state holiday in Texas.
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In regard to solar, wind, battery energy storage systems and fire marshal, Evan Ackerman said the BESS facility doesn't have dual access, fire protection equipment, or a site-specific plan, and called the lawsuit an attempt to bully the county.
Executive session(s) and action if needed
Commissioners court recessed until 4:00 p.m.
Commissioners court reconvened in regular session at 4:00 p.m. and then went into another executive session at 4:02 p.m. to meet in executive session to consult with their attorney regarding a settlement in the BESS lawsuit.
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Commissioners court reconvened in regular session at 5:05 a.m. and announced a decision to approve a settlement in the BESS lawsuit, but no details were provided to the public.
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Commissioners court adjourned at 5:11 p.m.
