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County Opts In Opioid Settlement, Approves Redistricting

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County Opts In Opioid Settlement, Approves RedistrictingCounty attorney Ed Ormsby was busy at Tuesday’s Kosciusko County Commissioners meeting with a number of recommendations, including for the county to join in on the national opioid settlement.

“It’s a national settlement in which the state of Indiana is participating and the county has an opportunity to opt into as well,” he said.

Reading a settlement overview from the Indiana attorney general’s website, Ormsby said, “After years of negotiations, two proposed nationwide settlement agreements have been reached that would resolve all opioid litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors, McKesson, Cardinal Health and AmerisourceBergen, and one manufacturer, Janssen Pharmaceuticals Inc., and its parent company Johnson & Johnson.”

The proposed settlements require the distributors and Janssen to pay billions of dollars to abate the opioid epidemic. “Specifically, the settlements require the distributors to pay up to $21 billion over 18 years and Janssen to pay up to $5 billion over no more than nine years, for a total of $26 billion,” he said. Of the settlement amount, approximately $22.7 billion is earmarked for use by participating states and subdivisions to remediate and abate the impacts of the opioid crisis.

A previous press release from Indiana Attorney General Todd Rokita announced “a historic $507 million settlement for Indiana as part of a $26 billion multi-state agreement that will help bring desperately needed relief to people across the country who are struggling with opioid addiction.”

Ormsby told the Commissioners the county can participate in the settlement by opting into it, and the state is encouraging all of the subdivisions to do that. The more subdivisions that opt in, the more money that comes into the state.

“In exchange for the participation in the settlement amounts, we have to sign settlement documents, which are quite voluminous, but in essence provide that we would release those parties that I just mentioned from any further liability with regard to the opioid epidemic,” Ormsby said. “It is my recommendation after reviewing the documents that the county go ahead and opt in to that and participate in the settlement.”

He suggested the Commissioners approve a motion that would allow the county to opt in and give the county administration authority to do that. He also recommended they give one of the commissioners the authority to sign the settlement agreements that are necessary to participate.

Commissioner Cary Groninger made a motion to participate in the settlement and give authority for any commissioner to sign the documents.

Commissioner Brad Jackson seconded the motion, but said, “I am a little reluctant. Again, I think if money is going to be out there anyways that we might as well take advantage of that, but I do kind of have a problem – a philosophy – in trying to find a scapegoat and pinning it on them. It kind of reminds me of the tobacco money problem we took years ago. Same thing. Again, the money is going to get spent, it might as well get spent here.”

Commissioner Bob Conley said that while he agreed a little with Jackson, in talking with a number of physicians in the community, these companies “knowingly and intentionally” sold the pain killers that people would get hooked on.

For more on the opioid settlement, visit the website https://www.in.gov/attorneygeneral/opioid-settlement/.

Ormsby then presented an amended capital improvement plan for 2021-23, which is required as part of the county’s economic development income tax (EDIT) on the adjusted gross income of county taxpayers. The tax rate is 3% annually on the adjusted gross income of county taxpayers.

The Commissioners approved the amended plan after Groninger clarified, “This isn’t a new tax. This is the same tax that we still have on our local income. This is just a plan on how we’re going to use that money as we move forward.”

Ormsby then presented, and the Commissioners approved, a memorandum of understanding between the county and the town of Sidney.

The town has a piece of property that the county wants to utilize a portion of for the operation “of a countywide public safety radio system and broadband internet. The county will install a new 180-feet-tall self-support lattice-type tower to provide radio communications coverage for the public safety radio system and broadband internet in Kosciusko County.”

The MOU is for a term of 50 years and the town won’t charge the county for the use of the property as the town may be able to get some benefits from the tower. Ormsby said the town of Sidney signed the MOU Monday night.

Groninger said, “For clarification on that, this is the public safety communication fourth tower.” He said they’re adding a fourth tower so the full county has coverage.

Ormsby then presented an ordinance to redistrict the three Commissioners districts after the 2020 Census.

Jackson said they are just trying to balance the districts as best as they can. Groninger said there were some annexations that took place in Warsaw and Winona Lake and that changed some of the boundaries. Jackson pointed out that the whole county votes on all of the commissioners. The Commissioners unanimously approved the ordinance.

Finally, Ormsby presented, and the Commissioners approved, a similar ordinance for the County Council’s four districts. Groninger said the districts “pretty much stayed the same” except where annexations happened. He said District 3 – currently represented by Ernie Wiggins – is “pretty much Warsaw and Winona Lake.”

In other business, the Commissioners:

• Approved the American Rescue Plan Act grants as presented by County Administrator Marsha McSherry. The ARPA Committee recommended them and the County Council approved them Thursday. They include $2.4 million for the public safety communications project; $522,881.48 for a public safety communications project EDIT reimbursement; and $771,669.85 for administrative expenses that will cover any type of administrative expenses that occur with the administration of the grant, including legal opinions.

• Recognized Evan Brower and Logan Roberson from Troop 726 for achieving the rank of Eagle Scout, Scouting’s highest rank.

• Elected officers for 2022. Groninger will serve as president, Jackson as vice president and Conley as secretary.