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June 25, 2024 <br /> <br />Next Steps Following Council Action: <br /> <br /> The City will take the necessary actions to qualify to participate in the Kroger <br />settlement. <br /> <br />Motion by Mr. Hugel, and seconded by Ms. Lucas-Burke, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />“RESOLUTION OF THE PORTSMOUTH CITY COUNCIL APPROVING THE CITY’S <br />PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS <br />AGAINST KROGER AND ITS RELATED CORPORATE ENTITIES, AND DIRECTING <br />THE CITY MANAGER, CITY ATTORNEY, AND/OR THE CITY’S OUTSIDE COUNSEL <br />TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE CITY’S <br />PARTICIPATION IN THE SETTLEMENTS. <br /> <br />WHEREAS, <br /> the opioid epidemic that has cost thousands of human lives across <br />the country also impacts Portsmouth by adversely impacting the delivery of emergency <br />medical, law enforcement, criminal justice, mental health and substance abuse services, <br />and other services by Portsmouth’s various departments and agencies; and <br /> <br />WHEREAS, <br /> Portsmouth has been required and will continue to be required to <br />allocate substantial taxpayer dollars, resources, staff energy and time to address the <br />damage the opioid epidemic has caused and continues to cause the citizens of <br />Portsmouth; and <br /> <br />WHEREAS, <br /> a settlement proposal has been negotiated that will cause Kroger to <br />pay over a billion dollars nationwide to resolve opioid-related claims against it; and <br /> <br />WHEREAS, <br /> the City has approved and adopted the Virginia Opioid Abatement <br />Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and <br />affirms that this pending settlement with Kroger shall be considered a “Settlement” that is <br />subject to the Virginia MOU, and shall be administered and allocated in the same manner <br />as the opioid settlements entered into previously with the Distributors, Janssen, Teva, <br />Allergan, Walmart, CVS, and Walgreens; and <br /> <br />WHEREAS, <br /> the City’s outside opioid litigation counsel has recommended that the <br />City participate in the settlement in order to recover its share of the funds that the <br />settlement would provide; and <br /> <br />WHEREAS, <br /> the City Attorney has reviewed the available information about the <br />proposed settlements and concurs with the recommendation of outside counsel; <br /> <br />NOW THEREFORE BE IT RESOLVED <br /> by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That it approves of the City’s participation in the proposed settlement of <br />opioid-related claims against Kroger and its related corporate entities. <br /> <br /> 2. That it directs the City Manager, the City Attorney, and the City’s outside <br />counsel to execute the documents necessary to effectuate the City’s participation in the <br />settlements, including the required release of claims against Kroger <br /> <br /> <br />3. That this Resolution shall be effective immediately upon its adoption.” <br /> <br />Ayes: Hugel, Lucas-Burke, Tillage, Whitaker, Glover <br />Nays: None <br /> <br />24 - 183 - Adoption of a motion to retire and permit Kelly Funkhouser to adopt a <br />Portsmouth Police Department horse, “Warrior”. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />