STATE OF ALABAMA COUNTY OF GENEVA  REGULAR SESSION March 11,2024  The Geneva County Commission met ini regular session on Monday, March 11 Chairman Seay called the meeting to order and welcomed guests present. Commissioner Fulford opened the meeting with prayer. Chairman Seay led the group in  2024, at 9:30 a.m. at the Geneva County Courthouse in Geneva, Alabama.  the Pledge of Allegiance.  There were no elected officials requesting to make public comment. There were no citizens requesting to make public comment.  Chairman Seay called the roll, and the following members were present: Commissioners Weston Spivey, Todd Brannon, Bart Wilks, and Wade Fulford. County Attorney, Phil Eldridge; Engineer, Justin Barfield; Sheriff, Tony Helms; EMA: Director, Brian Smith; Revenue Commissioner, Mary Ann Ellison; and County Administrator, Cindy Williams was also present. The following business was transacted:  MINUTES OF THE. MEETING  NEW BUSINESS:  1.A Approve Minutes of February 26, 2024. Commissioner Wilks made ai motion to approve the minutes of February 26, 2024. Commissioner Spivey seconded the motion. 2. Board Appointments - Chairman Seay reminded the Commission that there is one vacant seat on the Southeast Alabama Regional Planning and Development Board that  Vote was 4-0  they are asking the Commission to fill.  Recorded In: OFFREC Book: 1224 Page: 409 Recorded: 3/27/2024 8:10:41 AM Toby Seay, Probate Judge Geneva County, Alabama Inst Num: 20025614 - 7 Pages No Tax Collected Fees: $0.00 Total: $0.00  OLD BUSINESS: None STAFF REPORTS:  Sheriff: SheriffHelms stated that the cameras in the jail are starting to go out. One outside camera has been going out for a long time now but there are three inside cameras down this morning. The company that installed the cameras have been out several times and states there are: not issues with the system. He had another camera company come to look at them and they state the cameras are good but there is an engineering power problem. There were also suggestions from County Risk Services during their last visit    STATE OF ALABAMA COUNTY OF GENEVA  REGULAR SESSION March 11,2024  for cameras to be installed in the max cells. Currently a Correctional Officer must The vehicle maintenance budget for the Sheriff's department is severely being depleted by the remaining old, high mileage vehicles left in the department. There are currently Iti is the intention oft the Sheriff toj purchase additional pepper ball guns for the. Jail at the suggestion ofCounty Risk Services. Use of pepper ball guns is more ofa deterrent to inmates which helps to minimize Correctional Officer use of force with inmates which in County Administrator: Administrator Williams shared information from the ACCA regarding the Legislative Session to date. The ACCA has also asked that everyone pay close attention to their email and text messages in case there is a discussion that needs immediate attention regarding contacting the local Representatives. Mrs. Williams stated that the 2021 audit has been officially published.  physically check all max cells every fifteen minutes.  three vehicles down for repair.  turn cuts down on workers comp claims.  County Engineer: Engineer Barfield stated that a few roads had to be closed this past Saturday due to the amount of rainfall overnight Friday. All graders have been stopped at this time and are using tractors with drags on the roads. By end of day today all roads Since the last meeting two contract workers and one full time employee have been hired. The raised pavement reflectors have been installed for the Rebuild Alabama paving  should be reopened.  project. That is the last process for the 2023 Rebuild project. The bleachers listed on GovDeals sold for $350.00. Herbicide spraying is inj process when weather permits.  Mr. Barfield stated that the Congressional direct spending grant paperwork for the bridge Two dump trucks and two motor graders were taken to JM Wood Auction. The auction is Mr. Barfield has spoken with Truckworks and the two dump trucks ordered should be ready for pick up later this month. Financing for the new trucks will need to be put in place. Trustmark Bank has given an interest rate of 5.34% for a five-year note. Commissioner Spivey made a motion to finance two new dump trucks with Trustmark Bank on a five-year note at 5.34% interest with the intent for The Engineer to sale them at auction next spring. Commissioner Wilks seconded the motion. Vote was 4-0. The new utility contractor for the fiber cable installation is now doing the same thing as the old contractor by not obtaining permits and not properly installing the cable. The Engineer has contacted Charter directly to attempt to get resolution. Cobb Underground had contacted the department stating that they would not be returning to correct any damages and that Lee Contracting would take over. It is the opinion oft the Engineer that the County Attorney will need to get involved in the situation to reach a resolution. County Attorney: Attorney Eldridge stated that the Commission had contracted with Catalis to scan documents in the Probate Office, and the company has breached that contract and not performed the services. Catalis has agreed to settle for the liquidated damages provided for in the contract which was 148 days at $100.00 per day. The total  on Poole Road had been submitted. scheduled for March 19th-2 23rd.  2    STATE OF ALABAMA COUNTY OF GENEVA  REGULARSESSION March 11,2024  project to be rebid and committed before December 31,2024. Judge Seay also changed software companies ini the Probate Office due to the lack ofs software support by Catalis. A motion is needed to approve the mutual release and termination of agreement and the payment of $14,800.00 in liquidated damages and for the Judge to sign the mutual release. Commissioner Fulford made a motion to approve the mutual release and termination of agreement and the payment of$14,800.00 in liquidated damages and for the Judge to sign the mutual release. Commissioner Brannon seconded the motion. Vote Attorney Eldridge said notice had been received stating that the State of Alabama has settled with Cencora and Cardinal Health in the Opioid lawsuits. The total settlement is $220,000,000.00 paid out over ten years. The State receives fifty percent oft the settlement, and the local entities share the remaining fifty percent. Al breakdown has not been received stating Geneva County's share. The deadline for signing the agreement is March 29, 2024. At the February 13,2023 Commission meeting the Commission had authorized Chairman Seay to sign all such settlement agreements in the Opioid lawsuits, however ifthis settlement is accepted Attorney Eldridge is asking for a motion to approve the settlement and to authorize the Chairman to sign the sign-on agreement. Commissioner Spivey made ai motion to approve the settlement and to allow Chairman Seay to sign the sign-on agreement for the Opioid settlement with Cencora and Cardinal Health. Commissioner Wilks seconded the motion. Vote was 4-0. Chairman Seay signed said agreement and the. Attorney provided the copy to. Administrator Williams for the file. Commissioner Wilks asked Attorney Eldridge if! he had an idea of! how many additional companies there may be in the Opioid lawsuits. Attorney Eldridge stated that the Commission had previously settled four lawsuits under the national litigation and settlements from Wal-Mart, McKesson and Johnson and Johnson have already been received. This case is under the State litigation, and he does not know how many Commission Chairman: Chairman Seay stated he had received a letter from ALDOT with an agreement and resolution for the transfer of ownership and maintenance for segments of roadway to Geneva County for the Highway 52 expansion project. This agreement is for the portion ofi road starting at State Highway 52 and County Road 73 in Malvern. Iti is the recommendation of the Engineer not to sign the agreement until work is complete. Should the Commission sign now the County would take ownership and maintenance of the roadway and the project may not be complete for three to six years. This Thursday there is an OAC meeting with. JMR+H and the contractor at the 10:00 am at the Farm Center. An exterior color board should be provided at this meeting. Revenue Commissioner: Ms. Ellison stated that her department is currently attempting EMA Director: Mr. Smith stated that the Choctahatchee River is still rising and is at 21.83 feet and the flood stage is 23 feet. It should crest early tomorrow morning.  was 4-0.  additional companies may be added.  to contact the remaining delinquent accounts.  Solid Waste Director: Mrs. Smith was not present.  3    STATE OF ALABAMA COUNTY OF GENEVA  REGULAR SESSION March 11, 2024  E-911: Mr. Williams was not present. Auburn Extension: Ms. Marks was not present.  Commissioner's: Commissioner Spivey thanked the Road & Bridge department for Commissioner Fulford made ai motion to adjourn. Commissioner Wilks seconded the The above constitutes the minutes of the meeting oft the Geneva County Commission held  their response to citizens request during the rainy weather.  motion. Vote was 4-0. on Monday, March 11,2024. 1 Chairman Toby WK Sm Commissioner Weston Spivey Betlkk Commissioner  Caksuann Eindy Williams County Administrator Commissioner Todd Brannon abk  A4  AAL  Bart Wilks  Commissioner Wade Fulford  4    EXHIBITE  Subdivisions Settlement Participation Form  Governmental Entity: Ge.Neve Gputy Authorized Official: Toby b.Sery Chasçerses City, State, Zip: Geneve AL 36340 Email: yiyey-ipige  State: Alal baMc  Address 1: Address2 2: Phone:  P.0.Box 43b 334- 684-5611  200 North COMmescE Sireet  The governmental entity identified above "Governmenta Entity"), in order to obtain and inc consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated [e)("Agreement"),: and acting through the undersigned authorized official, hereby elects to participate in the. Agreement, release all Released Claims against all Released 1. The Governmental Entity is aware ofa and has reviewed the Agreement,  Entities, and agrees as: follows.  understands that all terms ini this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Agreement and become a Participating  Subdivision as provided therein.  2. The Governmental Entity shall, within 14 days of the Execution Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any 3. The Governmental Entity agrees to the terms oft the Agreement pertaining to 4. By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning on or after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the  Released Claims that it has filed. Subdivisions as defined therein.  Agreement solely for the purposes provided therein.  6.  The Governmental Entity submits to the jurisdiction oft the Circuit Court for Montgomery, Alabama forj purposes limited to that Court's role as provided in, and for resolving disputes to the extent provided in, the Agreement. The Governmental Entity likewise agrees to arbitrate disputes to the extent provided in  the Agreement. therein.  7. The Governmental Entity has the right to enforce the. Agreement as provided    8.  The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the. Agreement, including, but not limited to, all provisions of Section VI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any ofthe foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent ofits authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided fori in the Agreement are intended by the Parties to be broad and shall be interpreted sO as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent oft the power of the Governmental Entity to release claims. The Agreement shall  be a complete bar to any Released Claim.  9. The Governmental Entity hereby takes on all rights and obligations ofa Participating Subdivision as set forth in the. Agreement. 10. Inc connection with the releases provided for in the Agreement, each  Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law ofany state or territory of the United States or otherj jurisdiction, or principle of common law, which is similar, comparable, or equivalent to $ 1542 oft the California Civil Code, which  reads:  General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his orl her favor at the time of executing the release, and that ifknown by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which itk knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not] know or suspect toe exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, ifknown, would materially affect the Governmental 11. Nothing herein is intended to modify in any way the terms of the Agreement, to which Governmental Entity hereby agrees. To the extent this Participation Form isi interpreted differently from the. Agreement in any respect, the Agreement  Entities' decision to participate in the Agreement.  controls.  2    Ihave all necessary power and authorization to execute this Participation Form on behalf oft the  Governmental Entity.  Signature: Name: Title: Date:  DM4 HAL4 Toby b.Secy 3u/3024  Chuirgersa.GevEa CowsyComwission  3