The Atchison County Commission met Thursday, June 20, 2024. Present were: Presiding Commissioner Curtis Livengood, South District Commissioner Richard Burke, North District Commissioner Jim Quimby, and Susette Taylor, Clerk of the Commission.

Presiding Commissioner Livengood called the meeting to order.

Minutes of the previous meeting were read and approved.

Bills were reviewed and approved for payment.

Month-end department reports were reviewed and approved.

The commissioners, County Clerk Susette Taylor and Assessor Rochelle Long participated in a conference call with Larry Hixson, Lexi Crump, and Jeff Schmidt with the Missouri State Tax Commission to address some questions the Tax Commission had regarding producing a tax statement for surtax and state tax related to the Enhanced Enterprise Zone Agreement with Farmer City Wind. Clerk Taylor outlined the current procedure. After discussion, they had no further questions.

The commission reviewed Ordinance #001-2024:

COUNTY OF ATCHISON, MISSOURI – COMMISSION ORDINANCE NO. 001-2024

Now on the 20th day of June 2024, the Atchison County Commission discusses the matter of an order to immediately take advantage of recoveries to the county from the Kroger case related to opioid awards to include class action counties:

An Ordinance Authorizing The Application For Awards From The Opioid Cases Related To Kroger Decisions

WHEREAS, Atchison County supports commerce, safety, and the public health by maintaining order over all controls over opioid cases related to class actions in which Atchison County is determined to be an awardee; and

WHEREAS, Atchison County recognizes legitimate concerns raised by the Kroger case class actions concerning opioid matters as to the County; and

WHEREAS, Atchison County desires to gain its part of a class action awards; and

WHEREAS, Local governments have historically been able to regulate the controls over opioid impacts on the County; and

WHEREAS, the Atchison County Commission acts to control opioid matters and obtain class action awards from the Kroger litigation;

Now therefore be it ordained by the Atchison County Commission:

That the Atchison County Commission, acting under the authority granted to counties to be involved in litigation and property and health protection, does adopt and order implementation of this ordinance; and that this ordinance does ordain, adopt, and implement the following:

Section 1 – Purpose

Atchison County adopts this ordinance designed to empower the county to obtain any awards that are due to the County from the Kroger opioid class action litigation, while protecting and promoting the health, safety, and welfare of its citizens.

Section 2 – Development of Application for Award

The County Commission directs and delegates the authority to the Atchison County Clerk to make appropriate applications to obtain any and all awards available to Atchison County resulting from the Kroger class action related to opioid issues of all kinds.

Section 3 – Effective Date.

This ordinance shall be in full force and effect from and after 20th of June 2024 and the Atchison County Commission directs the Atchison County Clerk to publish this ordinance as may be required.

That this ordinance is adopted on this 20th day of June 2024, by action of the Atchison County Commission, to become effective as of June 20th, 2024.

Passed and approved this 20th day of June 2024, by a vote of the Atchison County Commission meeting in a properly called meeting, a quorum being present .

Clerk Taylor stated that Attorney Dan Smith had requested the County Commission to adopt an ordinance in connection with each settlement that is released. Following that instruction, she contacted Attorney Ivan Schreader to draft an ordinance to be used. The commissioners voted unanimously to approve Ordinance 001-2024 empowering the county to obtain any awards that are due the county from Kroger and allowing Clerk Susette Taylor the authority to sign on that behalf.

Clerk Taylor presented a letter to the Missouri Department of Transportation, directed to David Earle’s attention, requesting an exchange of soft match credit in the amount of $130,000 from Nodaway County to Atchison County in exchange for Atchison County agreeing to pay Nodaway County $85,000. The commissioners voted unanimously to enter into the agreement for soft match credits and pay Nodaway County a total of $85,000 from the infrastructure funds from ARPA dollars, allowing the county to use the $130,000 for an upcoming bridge project.

Clerk Taylor reported that Megan Twyman, director of Pleasant View Nursing Home, had contacted her about a large tree that blew down during the last storm. She wanted to know if the county would assist with the cost to have it cleaned up and removed. She had one bid for $2,300. The commission all agreed since it was outside the building and on the property the county would take care of it.

Sean McGonigle, Risk Manager for the Missouri Association of Counties Workers’ Compensation Trust, stopped in to congratulate Atchison County for going an entire year claim free. Atchison County has strived to implement a safety program in all departments and is beginning to see results. A safety reward will be presented at this year’s annual meeting.

Sean also congratulated Clerk Susette Taylor for being selected to fill the unexpired term of Batina Dodge. She will begin serving on the five-member Board of Directors immediately. The board consists of three commissioners, one clerk and one elected official at large. Clerk Taylor was selected to fill the clerk vacancy.

Sheriff Dennis Martin was in to discuss departmental matters.

The commissioners and Supervisor Woodring spent the afternoon inspecting some road concerns around the county.

There being no further business, the commission adjourned.