Benton County Settles Lawsuit Over Flooding

BENTONVILLE — A decision to settle a lawsuit prompted some Benton County justices of the peace to ask for a few words with their lawyer.

The Benton County Quorum Court voted to spend $43,350 to settle a lawsuit brought against the county by Lance Ashmore. Ashmore claimed the county caused fl ooding to his home and property when paving work was done on Gamble Road. The court agreed to settle the case after two committees were told the cost of preparing the county’s case and going to trial wasroughly the same as the proposed settlement and there was no way to predict the outcome of a jury trial and the county could face even larger penalties if a jury found in Ashmore’s favor.

After the court approved the settlement by a vote of 10-1, Justice of the Peace Robert Stephenson said he wanted the court to receive regular reports on litigation involving the county. Stephenson said any litigation put the county at risk and the justices should be aware of cases that might require them to take action.

County Judge Dave Bisbee said hethought it was a good idea and he would instruct George Spence, who handles the county’s legal work, to make monthly reports for both the Finance Committee and the full Quorum Court. Spence told the justices of the peace there was no litigation currently pending against the county.

Justice of the Peace Frank Winscott said he was concerned that communication between county oft cials had apparently failed during the Ashmore case. He said that if the county judge onlylearned of the case a couple of months ago, as Bisbee said earlier in the meeting, and he only learned of it about a month ago it was possible other cases might not be brought to their attention in a timely manner.

“How can we make sure there’s continuity of information to this court?” Winscott asked.

Bisbee said he would work to ensure the next county administration was briefed on any pending issues. He said he couldn’t think of any process or procedure that would make the fl ow of information automatic, thatit was up to the officials in oft ce.

“It’s a matter of leadership,” Bisbee said.

The Quorum Court also agreed to pay an additional $17,000 to help fund the Washington County HIV Clinic. Funding for the clinic, which serves patients from Benton and Washington counties, had become a contentious issue, with Benton County justices of the peace balking at paying $34,000 this year as the county did last year and raising questions about how the clinic is operated and funded.

The questions were seemingly put aside after Washington County and clinic oft cials offered to restructure the clinic and work toward an interlocal agreement which would give Benton County a voice in operating the clinic. It was also agreed that the counties would work to involve area cities in the management and funding of the clinic.

In other business, the Quorum Court approved:

• The appointment of Jonathan Ely to the Benton County Rural Development Authority.

• A resolution waiving the hiring rate for heavy equipment operators in the road department.

• An ordinance adding and deleting positions in the collector’s oftce and the road department.

• An ordinance transferring $71,731.80 for the substance abuse drug court grant fund from the 2009 budget to the 2010 budget.

• An ordinance appropriating $127,000 for the cost of moving the Benton County Health Department to new offices in the Center For Nonprofi ts.

• An ordinance amending the interlocal agreement with the Ozark Transit Authority.