County takes first step to form mediation system

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County takes first step to form mediation system

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Monitor Photo/Jody Vincik
Henderson County elected officials and staff gather Dec. 17 around the Athens courthouse annex Christmas tree to wish residents a Merry Christmas.

HENDERSON COUNTY–Henderson County Commissioners’ Court voted Dec. 17 to adopt an order to establish an Alternative Dispute Resolution (ADR) system for Henderson County.
Attorney and Mediator J.D. McMullen of Longview advised the court that nine counties within the East Texas Council of Governments’ region have established an ADR system. County Attorney Clint Davis said portions of the county’s court filing fees are set aside for mediation systems, but unless the county has their own ADR system, those fees are remitted to the state government in Austin.
By establishing an ADR system, Henderson County would be able to keep an average of $32,000 annually, the attorneys outlined. Davis said the action doesn’t add any fees to the public and that civil mediation is often required for divorce or child custody cases, for example, before a jury trial. Davis said the commissioners’ court has the power to form the local ADR system.
“It’s not a mandate to the judges, it’s a tool to the judges,” Davis remarked. County Judge Wade McKinney reiterated what the attorneys explained: there is no timeline to use the funds and that the money can accrue while the program is being developed. The judge also expressed concern that down the road, the program would “outstrip” the funding and would require additional money. Davis and McMullen said that additional funding beyond what is already generated is not required by state law.
“It’s there as a support system, it’s not to take over the judicial aspect of it,” McMullen stated. McKinney said the action taken Dec. 17 is to retain the money and that because 75-80% of cases referred to ADR come to a settlement, that saves the county money on administration.
The court also approved Change Order No. 2 for SCI Construction for the AgriLife and Senior Citizens Buildings being constructed and remodeled at the county’s Regional Fair Park using federal American Rescue Plan Act (ARPA) funds, which cost $117,500 for Package A and $68,000 for Package B, according to County Grants Coordinator Danielle Vaughn.
The change order completes the obligation process involved with ARPA, McKinney said. Specifically, the action “satisfactorily” awards the alternate items that were originally part of the bid package for the project, according to Traylor & Associates Vice President and CFO Wesley Traylor, who is from a Tyler-based government administration firm.
Further, the court approved a resolution adopting Section 775.0422 of the Texas Health and Safety Code, which McKinney said gives the court more ability to ensure the statutory responsibilities of ESDs and which Assistant County Attorney Kenneth Strawn said required county adoption for enforceability.
The court also approved, pursuant to state law, requesting a written report from Henderson County’s Emergency Services Districts (ESDs) about their adopted 2024 budget, 2024 tax rate and 2024 debt service.
McKinney stated that under a separate state law, three Henderson County ESDs (Nos. 2, 4 and 5) have not reported their audited financials to the commissioners’ court for three years, totaling $2.2 million (of which $1 million has not been reported by ESD No. 2, the judge said, which is contracted with Payne Springs Fire Rescue), despite being “begged and pleaded” with, the judge added.
In other business, the court:
• Approved reappointing Jody Vincik to the ESD No. 2 Board of Commissioners for a two-year term ending Dec. 31, 2026.
• Approved reappointing Ivory Givens, Charlotte Slaton and Dr. J.D. Morton to the ESD No. 7 Board of Commissioners for terms ending Dec. 31, 2026.
• Approved reappointing Kari Bersano to the ESD No. 12 Board of Commissioners for a term ending Dec. 31, 2026.
• Approved reappointing Rusty Quattlebaum to the ESD No. 5 Board of Commissioners for a term ending Dec. 31, 2026.
• Approved reappointing Ernest Smith and Gary Dennis to the ESD No. 6 Board of Commissioners with terms ending Dec. 31, 2026.
• Approved reappointing Jay Gravens and Howard Calloway to the ESD No. 8 Board of Commissioners with a term ending Dec. 31, 2026.
• Approved appointing three new members to the ESD No. 3 Board of Commissioners, Darren Chaney, Phillip McDaniel and Kerri Howard, for two-year terms ending Dec. 31, 2026.
• Approved appointing one new member to the ESD No. 11 Board of Commissioners, Damon G. Donnell, for a two-year term ending Dec. 31, 2026.
• Approved reappointing two members to the ESD No. 11 Board of Commissioners, Pat Clark and Michelle Stephenson, for two-year terms ending Dec. 31, 2026.
• Approved an amended elevator maintenance contract for county buildings which adopts BuyBoard Purchasing Cooperative rates for repairs.
• Approved a contract with LumenServe for four county communications towers’ lighting requirements, costing $437 per month for each tower.
• Approved a right-of-way permit for Spectrum Charter to bore along County Road 2803 in Precinct 2 to place fiber-optic cable.
• Approved paying fiscal year 2024 bills of $441,666.70.
• Approved paying fiscal year 2025 bills of $695,120, which McKinney said includes insurance payments.