The Atchison County Commission met Thursday, March 3, 2022. Present were: Presiding Commissioner Curtis Livengood, South District Commissioner Richard Burke, North District Commissioner Jim Quimby, and Susette Taylor, Clerk of the Commission.
Minutes of the previous meeting were read and approved.
Bills were reviewed and approved for payment.
Monthly department reports were reviewed and approved.
The commissioners met with Ethan Piveral with Ameren to continue discussions about an addendum to the road agreement that Ameren is requesting signed. No action was taken, but it is being reviewed by legal counsel for the county.
Clerk Taylor and staff participated in a webinar sponsored by the County Employees Retirement Fund reviewing retirement options and benefits.
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The Atchison County Commission met Tuesday, March 8, 2022. Present were: Presiding Commissioner Curtis Livengood, South District Commissioner Richard Burke, North District Commissioner Jim Quimby, and Susette Taylor, Clerk of the Commission.
Minutes of the previous meeting were read and approved.
Bills were reviewed and approved for payment.
Monthly department reports were reviewed and approved.
The commission reviewed Resolution No. 002-2002 giving Presiding Commissioner Curtis Livengood the authority to sign on behalf of Atchison County to complete the Memorandum of Understanding between Atchison County and the State of Missouri.
RESOLUTION NO. 002-2022
A resolution authorizing the County of Atchison (herein referred to as this “Governmental Unit”) to join with the State of Missouri and other local governmental units as a participant in the Missouri State – Local Government Opioid Litigation Memorandum Of Understanding (the “MOU”) and any subsequent Formal Agreements necessary to implement the MOU, including but not limited to, the Subdivision Settlement Participation Form(s) in Exhibit K of the Distributor Settlement Agreement and the Janssen Settlement Agreement[1].
WHEREAS, the County of Atchison has suffered harm from the opioid epidemic;
WHEREAS, the County of Atchison recognizes that the entire State of Missouri has suffered harm as a result from the opioid epidemic;
WHEREAS, the State of Missouri has a pending action in state court, and a number of Missouri Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid Litigation”) and Atchison County is a litigating participant in that action;
WHEREAS, the State of Missouri and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation;
WHEREAS, the Missouri Memorandum of Understanding (the “MOU”) sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds; and,
WHEREAS, participation in the MOU by a large majority of Missouri cities and counties will materially increase the amount of funds to Missouri and should improve Missouri’s relative bargaining position during additional settlement negotiations;
WHEREAS, failure to participate in the MOU will reduce funds available to the State, Atchison County, and every other Missouri city and county;
Now, Therefore, Be It Resolved By This Governmental Unit:
SECTION 1. That this Governmental Unit finds that participation in the MOU would be in the best interest of the Governmental Unit and its citizens in that such a plan ensures that settlement funds primarily go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered.
SECTION 2. That this Governmental Unit hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the MOU, attached hereto as Exhibit “A.”
SECTION 3. That Presiding Commissioner Curtis Livengood is hereby expressly authorized to execute the MOU in substantially the form contained in Exhibit “A.”
SECTION 4. That [Presiding Commissioner Curtis Livengood], is hereby authorized to execute the any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the MOU and this Resolution including but not limited to the Subdivision Settlement Participation Form(s) in the Distributor Settlement Agreement and the Janssen Settlement Agreement[2].
SECTION 5. That the Clerk be and hereby is instructed to record this Resolution in the appropriate record book upon its adoption.
SECTION 6. The clerk of this Governmental Unit is hereby directed to furnish a certified copy of this Ordinance/Resolution to the Missouri Attorney General.
SECTION 7. This Resolution shall take effect immediately upon its adoption.
The commissioners voted unanimously to approve Resolution 02-2022 as presented.
The commission then reviewed the Memorandum of Understanding between the State of Missouri and its political subdivisions on proceeds relating to the settlement of opioid litigation. After review, it was signed by Presiding Commissioner Curtis Livengood, returned to Prosecuting Attorney Brett Hurst and filed in the Agreement Book in the County Clerk’s Office.
Circuit Judge Corey Herron, newly appointed Associate Judge Brett Hurst, and Attorney Dan Smith met with the commission to ensure the commission was aware of the chain of events after the recent appointments. Prosecuting Attorney Brett Hurst will resign as the Prosecuting Attorney as of the end of business on Tuesday, March 15, 2022. At that time Circuit Judge Corey Herron will sign a special order appointing Dan Smith as Special Counsel to serve as Atchison County Prosecuting Attorney effective immediately. Dan will serve as Prosecutor for Atchison County until the Governor’s appointment.
The commission and Clerk Taylor continued discussion about ARPA funding.
