ECODT  Dale County Commission  Commission Meeting Minutes - August 29, 2023  The Dale County Commission convened in a regular session Tuesday, August 29, 2023. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Adam Enfinger; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 10:00am. Commissioner Carroll opened with prayer. Commissioner Grantham followed with the Pledge of Allegiance.  APPROVED = EXECUTIVE SESSION  Commissioner Grantham made a motion to approve the Commission going into Executive  Session. See Exhibit 1.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - RECONVENE  Commissioner Wilson made a motion to approve the Commission to reconvene from Commissioner Enfinger seconded the motion, all voted aye. Motion carried.  Executive Session.    Dale County Commission  Commission Meeting Minutes - August 29, 2023  Page 2of4  APPROVED  AGENDA, MINUTES, & MEMORANDUM OF WARRANTS  Commissioner Carroll made a motion to approve the agenda, memorandum of warrants, and  minutes: Agenda  Memorandum of Warrants:  Accounts Payable Check Numbers 96924-97069. Payroll Check Numbers: 154924-1 154929. Direct Deposit Check Numbers: 425825-426110. Minutes: Commission Meeting of August 08, 2023.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL  Commissioner Wilson made a motion to approve the following:  1. Britney Nicole Johnson = Probate - Probate Clerk - transfer from Maintenance  2. Mixon Chandler - Road & Bridge - Laborer IV- new hire 3. Sherry Stabler - Sheriff - Certified Deputy - new hire  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL - COST OF LIVING RAISE  Commissioner Wilson made a motion to approve a cost of living raise for Dale County Commissioner Enfinger seconded the motion, all voted aye. Motion carried.  employees. See Exhibit 2.  TABLED - 2023 - 2024 COUNTY BUDGET  Commissioner Enfinger made a motion "to table this item until after we've had a chance to  hear from the library on Wednesday.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - August 29, 2023  Page 3of4  APPROVED - AIRPORT LEASE AGREEMENT  Commissioner Wilson made a motion to approve the Dothan Regional Airport Lease that will  be paid by the City of Dothan. See Exhibit 3.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - CAPITAL: ASSETS  Commissioner Carroll made a motion to approve the following change in capital assets:  Asset #2324-2 2007 Chev Trailblazer # IGNDS1SX/22834- Transferred to Road & Bridge from Maintenance in lieu of surplus of 02/28/23, Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - JUVENILE DETENTION  Commissioner Carroll made a motion to approve a Juvenile Long Term Detention Subsidy  Contract. See Exhibit 4.  Commissioner Enfinger seconded the motion, all voted aye. Motion carried.  APPROVED - ARPA -I IAC REVIEW BROADBAND  Commissioner Enfinger made a motion to approve a review by IAC of an ARPA expenditure  for broadband.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - FUND 116 CAPITAL FUNDS EXPENDITURE  Commissioner Grantham made a motion to approve an expenditure from the Capital Fund  116. See Exhibit 5.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - August 29, 2023  Page 4of4  APPROVED -F FY24 TRANSPORTATION PLAN  Commissioner Wilson made a motion to approve the FY2 24 Dale County Transportation Plan.  See Exhibit 6.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  ANNOUNCEMENT - NEXT REGULAR MEETING  Chairman McKinnon announced that the next regular meeting of the Dale County Commission  will be Tuesday, September 12, 2023, at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commissioner Grantham made a motion to adjourn the meeting. Commissioner Carroll  seconded the motion. All voted aye. Motion carried.  Itis is hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered  into the minutes of the Dale County Commission as its official actions.  shz  Steve McKinnion, Chairman    Exhibit 1  BULL & SIMECHAK ATTORNEYS AT LAW, LLC PO. Box 1161 285S Union Ave Ozark, AL36360 Phone: 334-774-1124 Fax: 334-774-1134  J. NICHOLAS BULL Attorney jnbull@gmail.com  MATTHEW T. SIMECHAK maimechak@gmailcom  Attorney  Tuesday, August 29, 2023  Mr. Chairman,  There is an upcoming legal issue that concerns the County Commission that may be discussed the Tuesday, August 29th meeting of the Dale County Commission. recommend that the Commission, during said meeting, move into executive session for the purpose of discussing pending legal matters. The executive session is necessary at this time, because the discussions, if held in public, would disclose information protected by the Alabama Open Meetings Act, as authorized under Ala. Code 36-25A-7(a)(3), which protects discussions with the Commission's attorneys when discussing :. with legal counsel the legal ramifications of and legal options for pending litigation, controversies not yet litigated, but imminently likely to be litigated, or imminently likely to be litigated ift the government body pursues a proposed course of action." Further, Mr. Chairman, due to the necessity to discuss how this legal matter may affect county resources and budgets, it is recommended that the County Administrator be present for this  Executive Session.  Sincerely,  -  Matthew' T. Simechak County Attorney Dale County    Exhibit 2  Dale County Commission    202 Hwy 123 South, Suite C, Ozark, AL 36360  Commission Chairman Steve McKinnon  Commissioners Chris Carroll Donald O. Grantham District2 Adam Enfinger Frankie Wilson  County Administrator Cheryl Ganey  District1 District3 District4  August 29, 2023  Re: Across the Board Raise  Effective September 20, 2023, thel Dale County Commission grants a 2% cost of] living adjustment to all County employees, full or part-time, except those in the General Excluded Service. Cost of living adjustments for elected officials shall be in accordance with the terms  of the Omnibus Pay Bill.    Exhibit 3  LEASE AGREEMENT  (Ap portion of Hangar 5, Dothan Regional Airport)  This LEASE is entered into by and between the Dothan-Houston County Airport Au- thority, Inc., hereinafter referred to as LESSOR, and Dale County, Alabama, hereinafter referred  toasl LESSEE as follows:  1. LEASE. Subject to the rents, covenants, and conditions set out herein, LESSOR hereby leases to LESSEE on an exclusive basis that portion of Hangar 5, Dothan Regional Air- port, depicted as "Area A" on the floor plan attached hereto as Exhibit "A" and consisting of ap- proximately 7805 square feet of hangar space, and 165 square feet of office space (collectively, the "Premises"). In addition to the Premises, LESSOR shall make available to LESSEE the re- strooms, hallways, sidewalks, parking areas, elevators, entrances and exits and utility facilities (collectively, the "Common Areas"), together with the right of ingress and egress over, across, and through the storage/inclement weather" space [but not office spaces or other storage] in Hanger 5 depicted on Exhibit"A": as "Area B" (Walls Aviation, or its successor shall be referred to herein as "Co-Tenant") as needed for LESSEE's use and enjoyment of the Common Areas. For purposes hereinabove, "exclusive" means LESSEE shall have sole use of the Premises for their intended use; provided, however, the storage/inclement weather" space [but not office space] constituting the Premises shall be subject to Co-Tenant's s right ofi ingress and egress over, across, and through the Premises as necessary for Co-Tenant's use and enjoyment of the Com- mon. Areas. It is understood that the parking areas comprising part oft the Common Areas are lo- cated across Flightline Drive in the triangular shaped parking lot. This parking area is not exclu-  sive to Hangar 5 and may be shared with the occupants of Hangar 4.  2.  IMPROVEMENTS. Lessee accepts possession of the premises leased hereunder  int their present condition and without any representation or warranty ofa any kind' by Lessor. The  1    Exhibit3 3  parties intend that the Lessor lease, demise and let, and the Lessee accept the premises in an' "As Is" condition "With All Faults". The parties agree that LESSEE shall have the right to alter, modify, repair, and maintain any buildings, structures, or improvements constructed or installed upon the premises leased hereunder unless such shall be contrary to applicable laws and ordi- nances or regulations issued by the Federal Aviation Administration or the Transportation Secu- rity Administration. LESSOR shall have the right to inspect the plans and specifications ofany such building, structure, or other improvements prior to construction or installation. Any addi- tions or alterations of the external appearance or the location or type of construction must meet the approval of LESSOR's engineer as to Federal Aviation Administration requirements, uni- formity of appearance, and for safe use of the Airport. No restrictions shall be placed upon LESSEE as to the architects, builders, or contractors who may be employed by it in connection with the construction, installation, alteration, modification, repair or maintenance of any such buildings, structures, or improvements. LESSOR shall provide free ingress, within the limita- tions of TSA regulations, from the leased premises for all persons, materials, or equipment con- nected with the construction, installation, alteration, modification, repair, or maintenance thereof. Title to all buildings and permanent: improvements to the LEASED PREMISES shall immediate- ly vest in LESSOR upon construction or development subject to the rights of LESSEE AS LESSEE hereunder. However, all items of personal property or improvements which shall not  be ofaj permanent nature shall remain the property ofLESSEE.  3. TERM. The term of this LEASE shall be for twenty-four (24) months commenc-  ing on October 1, 2023, and ending on September 30, 2025.  2    Exhibit3 3  4. USE OF PREMISES. Iti is agreed by the parties that the premises leased and the improvements thereon shall be for the purpose of occupancy as an aircraft hangar unless  LESSOR shall agree in writing to a different use oft the premises.  5. RENT. During the term hereof, LESSEE shall pay LESSOR rental at a rate of $30,000 per annum payable in monthly installments of $2,500 commencing on the execution date oft the Lease and on the tenth day of each month thereafter during the 24-month term hereof.  6.  UTILITIES. LESSOR will pay when due all charges for water, sewer, gas, heat,  light, power, internet, telephone service, electricity, refuse collection, and other utility and com- munication services rendered or used on or about all or any part oft thel Premises. For that portion of the term hereof in which a Co-Tenant is occupying a portion of Hangar 5, LESSEE shall re- imburse LESSOR for one-half of the costs of the utilities. For any portion of the term hereofin which a Co-Tenant is not occupying aj portion of Hangar 5, LESSEE shall reimburse LESSOR 100% of the costs of the utilities. LESSEE shall reimburse LESSOR for utilities monthly, within  ten (10) days OfLESSOR'S demand therefor. 7. INSURANCE.  a. Casualty Insurance. LESSOR shall maintain ati its expense fire and extended COV- erage insurance on the improvements and buildings located on the leased proper- ty, excluding foundations, ramps and roadways. LESSEE shall reimburse LESSOR monthly for one-half the cost to insure the leased premises. Suchi insur- ance shall run in favor of LESSOR and LESSEE as interest may appear, and shall be in an amount equal to the replacement cost of such buildings and improve- ments. In the event of any loss or damage to the premises by fire or by any of the hazards included under the term "extended coverage" insurance, and sO insured  3    Exhibit 3  against, there shall be no abatement of rent on account thereof, but the insurance proceeds shall be used to restore and rebuild the premises to the extent thereof, in accordance with plans and specifications approved by LESSOR.  b. Liability Insurance. LESSEE shall maintain general liability insurance for its business operations and shall name the LESSOR as an additional insured on this  policy. Copies ofa all policies shall be furnished tol LESSOR.  8.  DEFAULT. LESSEE hereby agrees that if rents herein mentioned are not paid  when due on the tenth day of the month, or if default be made in the performance of any of the other covenants on its part herein contained and shall not have been corrected within thirty (30) days after written notice has been given by LESSOR, such default or breach shall, at the option oft the LESSOR, work as a termination oft this lease to the same extent and with all the legal inci- dents as if the term hereof had expired by lapse of time, and LESSOR, its representatives or agents, shall thereupon be entitled to enter said premises either with or without process of law and repossess the same and to distrain for any rent that may be due thereon, all at the election of the LESSOR and without prejudice to other rights and remedies which it may have. LESSOR may, in the event of default, declare all of the balance of the rents due for the remaining lease term immediately due and payable and may proceed for collection of same. Upon default, LESSEE agrees to pay all costs of collection including ai reasonable attorney's fee.  In the event the LESSEE shall be adjudicated a bankrupt or shall file voluntary proceed- ings in bankruptcy or in case a receiver shall be appointed for the LESSEE, then the LESSOR may, at its option, terminate this lease and retake full possession of the property and improve-  ments thereon.  4    Exhibit 3  9.  SUBLETTING OR ASSIGNMENT OF LEASE. LESSEE shall have no right to  sublease or assign this LEASE without permission to do sO in writing from LESSOR. Such  permission shall not be unreasonably withheld.  10. MAINTENANCE AND MISCELLANEOUS. LESSEE covenants with LESSOR; to pay the rent set out herein for the use of said premises and all other rights at the times when it shall become due and payable, without demand for same; to commit no waste nor to suffer the same to be committed thereon, nor to use the same for any unlawful purpose; to comply with all governmental bodies and agencies having jurisdiction thereof, tol keep and main- tain said premises in substantially as good condition as the same are in at the commencement of the term hereof, reasonable wear and tear, natural aging, and damage by the elements of force majeure excepted; and upon termination or expiration oft the tenancy, without demand, to deliver up said premises to LESSOR. LESSOR shall maintain the roof, foundation, underground plumb- ing, and structural support oft the hangar. It shall be the obligation OfLESSEE: hereunder to main- tain normal wear and tear items that it uses, including periodic maintenance as such becomes necessary, ofa all buildings and improvements hereafter located on1 the leased premises.  11. BINDING EFFECT. This LEASE shall be binding upon each of the parties here-  to, their successors and assigns.  EXECUTED on this 1545 day of dugut  2023  LESSOR:  DOTHAN-HOUSTON COUNTY IRPORT AUTHORITY, INC. C By: Adam Hartzog 5  Hsa    Exhibit 3  Its: Executive Director LESSEE:  DALE COUNTY,ALABAMA Sh K By: Steve McKinnon Its: Commission Chairman  6    Exhibit 3  LESSOR ACKNOWLEDGMENT  STATE OF. ALABAMA DALE COUNTY  I, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify that Adam Hartzog, whose name as Executive Director of the Dothan-Houston County Airport Authority, Inc., a Corporation, is signed to the foregoing LEASE and who is known to me, acknowledged before me on this day, that being informed oft the contents of the LEASE, he as such officer, and with full authority, executed the same voluntarily for and as the act of said  Corporation on the day the same bears date. Given under my hand, this /5Hday of  2023.  commission My z/shs  lyt  expires,  hagedsn NOTARYPUBLIC (SEAL)  LESSEE ACKNOWLEDGMENT  STATE OF ALABAMA DALE COUNTY  I, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify that Steve McKinnon whose name as Commission Chairman of the Dale County, Ala- bama, is signed to the foregoing LEASE and who is known to me, acknowledged before me on this day, that being informed of the contents of the LEASE he, as such officer, and with full au- thority, executed the same voluntarily for and as the act of said political subdivision on the day  the same bears date.  Given under my hand, this 29byot Ayut 2023.  7    Exhibit 3  My commission expires 06-0626  NOTARYPUBLIQ (SEAL)  8    Exhibit 3  EXHIBIT"A"-HANGAR 5F FLOORE PLAN  Ares A  AraB  E  6  a  9    Exhibit 4  ALABAMA DEPARTMENT OF YOUTH SERVICES LONG TERM DETENTION SUBSIDY CONTRACT  THIS CONTRACT is made and entered into by and between Dale County (hereinafter called "County") and the Alabama Department of Youth Services (hereinafter called  "DYS")  WITNESSETH  For and in consideration of thei mutual covenants herein contained, and other good 1. The purpose oft this agreement is to plan for detention bed use for the juvenile court ofCounty for the period October 1, 2023 through September 30, 2024. 2. DYS shall pay for the benefit of County, a sum determined by the Youth Services' Board, said payments made as herein specified, for the purposes 3. These said payments may be made for thel benefit ofCounty regardless of other payments made to or for the benefit of County. 4. Said payments shall be made for the benefit ofCounty to the juvenile 5: County shall contract with the detention center ofits choice for detention (and other) services, which contract shall be subject to review and approval of 6. - County shall not: reduce its level of support for the juvenile court or juvenile IN WITNESS WHEREOF, County and DYS has caused this agreement tol be duplicate, either copy of which may be considered an original. Indicate Detention Center chosen by County to receive funds below: -  and valuable considerations, the parties hereto do hereby agree as follows:  herein set out.  detention center ofits choice.  DYS.  on account the credit  OKmY  services and facilities presently supported by County  oft  for payments made hereunder.  Sbr executed for each and in the name ofe each by the persons indicated below, in  Sareoet Oolsoro DNpSon Center  Sphu  Chairman, County Commission  ALABAMADEPARTMENT OF YOUTH SERVICES  Steven P. Lafreniere Executive Director  Legal Counsel (Approved as to form only) Department of Youth Services    Exhibit 4  State of Alabama  DEPARTITETT OFDUTH; SERVIDES  KAY IVEY GOVERNOR  STEVEN P. LAFRENIERE EXECUTIVE DIRECTOR  Post Office Box 66 Mt. Meigs, Alabama 36057  July 18, 2023  To: Juvenile Court Judge and/or ChiefProbation Officer  From: LeTonya Accounting     - -  Re: Long Term Detention Subsidy   Contract Le  Please find enclosed yourlong-term detention subsidy contract-for BFY2024 (October 1, 2023 through September.30, 2024),Please compléte the form by-stating your choice undér the highlighted line and'havethe form signed by the Chairman oft the County CommissionThe: form should.then bereturnedto1 me at, the'address listed below;  LeTonya Bowman Depàrtment ofs Youth Services P.O.Box 66 Mt. Meigs, AL36057    tl *  7AM  Thank you for your assistançe in fhis-matterandi ifyou-need àny additional information  please contact me 4L(34)215-3839., FLORIDA  Gw of Slerico    Exhibit 5 #57 Jul03,2023 Aug 03, 2023 Upon receipt $23,957.68  INVOICE SERVICEDATE INVOICE DATE DUE AMOUNT DUE CONTACTUS POBOX1207 Dothan, AL 36302 (334),794-6721 Wembertonesmins-mcon Service completed by: Eddie Burke, Andrew  INC. OF DOTHAN  EMITHS  DALECOUNTY COURTHOUSE 202 AL-123, SUITEC Ozark, AL 36360  Hobbs, Billy Hallford  INVOICE Services LABOR-JOHNCLAY LABOR-EDDIE FIXEDI LEAKINGBLINES LABOR-ANDREW LABOR-ANDREW 6/8/23 JOHN CLAY-LABOR6/8/23 LABOR6/13/23  amount $500.00 $4,350.00 $2,730.00 $870.00 $300.00 $435.00  ADDED ADLBSOFATDATOSYSTEMI 8&9. DATALOGGED 687 BUTF FOUND NOTHING WRONG WITH6&7.  HOOKED UP LAPTOP TO CITYMULTI ON ROOF TOP & CHECKED SYSTEM & BRANCH CONTROLLER. SYSTEM IS  LEAKING GAS. NEED TO PUMP SYSTEMWITANTROGEN. &C CHECK ALLCOILS.  $1,160.00 $1,040.00 $870.00 $780.00  LABOR ANDREW 5/24/23 LEAK CHECKED UNIT LABOR-E EDDIE 5/24/23 LEAK CHECKED UNIT LABORANDREW 7/3/23 REPLACED! DUCTLESS COIL LABOR-EDDIE7/3/23    Exhibit 5 amount $4,160.00 $114.42 $37.32 $153.04 $5,923.20 $76.34 $18.46 $439.90 $23,957.68 $0.00 $0.00 $23,957.68  REPLACED DUCTLESS COIL Materials Refrigerant-R410A  380 LBS NITROGEN (NCLUDESTAX) 240LB OF NITROGEN (INCLUDESTAX)  2F PACKS OF FLARETTEFTTAGSIARI2 (NCLUDESTAX)  Refrigerant-R410A 401 LBS ADDED1 TO SYSTEM 8&9 ON6/8 NITROGEN 801 LBS (INCLUDESTAX) NITROGEN 40 LBS (INCLUDES TAX) DUCTLESS COIL  Subtotal Total Tax Tax (9%) Total  Smith's Inc of Dothan 03058    Exhibit 6  8 8 8 8 8 8 8  e le  I Epug pafold I 3 I 3  - 3 8 3 3  8  8  E