Kosciusko County Circuit Court Judge Mike Reed, left, presents the judges’ recommendation for a public defenders office to the Kosciusko County Council on Thursday.

Text and Photos
By David Slone
Times-Union

KOSCIUSKO COUNTY — Among the items the Kosciusko County Council approved at their two-hour meeting Thursday night, Dec. 12, was the creation of a public defender’s office, a tax abatement for Louis Dreyfus and the sheriff’s 2025 contract.

In presenting the recommendation to create the public defender’s office, Circuit Court Judge Mike Reed said they’ve had a few meetings, with some of the council members present, to discuss the creation of a proposed public defender’s office.

“After the last meeting, the public defender board got together, at your request and put together a proposed office,” he said. The proposed office would include a chief public defender, a chief deputy, two full-time public defenders, four contract public defenders at three-quarters time, one at 91/100s, some contract monies for conflicts and a fully staffed office with clerical, paralegal and an investigator.

The estimated cost for the office – after 40% reimbursement from the state — would be around $1,010,317.60.

Before reimbursement, cost would be around $1.5 million. Some of the positions’ salaries are established by state statute.

“Our goal would be whatever you guys think is appropriate. We would move forward partially or fully with what we discussed at those meetings. And, do the best we can to get this in place sooner rather than later. But whatever you tell us you would like to fund, and agree to go along with, we will tweak the comprehensive plan. We’ve got a comprehensive plan, the judges here in the back, we’ve been working on and it’s about ready to go but we can’t put it together until you tell us what you would be willing to fund,” Reed said.

The next step would be to submit the public defender’s office to the Public Defender Commission for approval. If they approve the plan, he said they’d move forward from there.

Councilwoman Kimberly Cates asked Reed if they’ve done an analysis of how much of the cost would be reimbursed with the Public Defender’s Fund as far from a total perspective to the reimbursement amount. Reed said the 40% reimbursement is built into the estimated costs, but there’s also money in the Supplemental Fund that could be used.

By forming a public defender’s office, Council President Mike Long asked what that would mean to the county differently from what the county does now.

“So the benefit for the county — we talked about this at the various meetings — we’re having a hard time finding public defenders. And staying in compliance with these requirements that the state puts on you, as far as caseloads and those type of things, to get the 40% reimbursement, this proposal includes the benefits as well for the people that would work for the public defender and make it more enticing to get public defenders. We’ve put some health insurance in there, and, obviously PERF for the chief and chief deputy,” Reed said. He said the cost for the office is estimated to be close, if not the same, as what the county is paying now.

“Then we’d have one office that regulates everything. The courts are all under one umbrella, so to speak. You guys actually would look at one budget every year instead of several. And it’s an independent office then run by the chief public defender,” Reed stated.

Long asked if the 40% reimbursement would be for felony cases, and Reed said the felony cases are 40% reimburseable. The pilot program is in place now for misdemeanor reimbursement.

“One of the biggest benefits to the county, though, would be if we use an office in the county buildings. You get 40% reimbursement for the expenses related to that office,” Reed said. “But, you guys saw the numbers, because we’re using so many outside contracted counsel at an hourly rate, it kind of requires us to actually spend more than we would if we had the employees this way with the full time and if it’s a fully funded office, their case loads go up. So, it takes less people to do more work.”

Councilman Tony Ciriello said based on what the county is paying now, and what the expense of a public defender’s office would cost, “it would be an additional $22,400 over what we’re currently paying to establish this office.”

Reed said, based on those numbers, which are estimates, that was correct for the first year. Ciriello then asked what the timeline would be to get the office established and up and running. Reed said, depending on how fast the council wanted to go and what they thought was appropriate, maybe by July 1.

After some further discussion, Councilwoman Joni Truex made a motion to approve the office, with an understanding the figures presented were just estimates. “I personally like the idea of having a public defender’s office. I think it will solve a lot of headaches and hassles of trying to get public defenders,” she said.

Councilwoman Sue Ann Mitchell said a man from the Public Defender Commission at the state presented information on the office at a meeting.

Cates seconded Truex’s motion, and it passed unanimously.

Later in the meeting, there were no remonstrators when attorney Steve Snyder presented a tax abatement request for Louis Dreyfus Co., but the council initially didn’t have enough votes to approve it. After learning during the 45-minute discussion other tax abatements were going to fall off in 2026, and Dreyfus’ requested tax abatement wouldn’t kick in until 2027, Mitchell changed her vote in favor of the abatement and it passed with four votes.

Along with Mitchell, voting in favor of it were Dave Wolkins, Cates and Truex. Councilwoman Kathleen Groninger abstained, and Long and Ciriello were opposed.

The declaratory resolution for the tax abatement was introduced at the council’s November meeting, with the confirmatory resolution before the council Thursday. Snyder, who was accompanied by Louis Dreyfus Commercial Manager Jeremy Mullins, said the tax abatement was for a $50 million project. It includes new manufacturing equipment of $23,052,000; logistics equipment, $600,000; IT equipment, $311,000; for a personal property total of $23,963,000. Real estate improvements total $26,250,000. It will allow for an increase in the capacity of the existing plant. The project will be undertaken at the start of 2025.

Kosciusko County Councilwoman Sue Ann Mitchell, left, presents Councilwoman Joni Truex, right, with her Silver Masters Pin from the Association of Indiana Counties Institute for Excellence in County Government at Thursday’s county council meeting.

There are currently 161 employees at Dreyfus in Claypool, and all will be retained, with two additional employees required for the expansion at approximate annual salaries of $75,000 each.

In other business, the council approved:

• Sheriff Jim Smith’s 2025 contract for $124,131, an increase from $120,515 in 2024. The raise is the same 3% that all other county employees received, per Smith’s request. The commissioners also must approve the contract.

• A number of transfers totaling $66,919.10, as requested by County Clerk Ann Torpy, to go toward the purchase of new voting machines panels. The panels’ total cost will be $560,000, with the clerk’s office and county commissioners splitting the cost.

• The American Rescue Plan Act Committee’s recommendations of $128,469 to go toward the resurfacing of CR 200S from the extension of the bridge project done earlier this year to the city limits; and $186,000 for the Webster Lake Conservation Association for a hydrological study of Webster Dam. The additional appropriation requests also were approved.

• Area Plan Director Matt Sandy’s request for a $10,000 additional appropriation for legal services.

• An appropriation adjustment request for $8,203.98 from the insurance reimbursement for a 2021 Ford Explorer that was involved in an incident, as requested by Kosciusko County Sheriff’s Office Chief Deputy Chris McKeand.

• The three public defender board members to receive $250 stipends each for all of their work in 2024, as requested by Reed. They also will receive stipends in 2025, but those dollars were budgeted.

• The 2025 Kosciusko Coalition on Drug Education budget, as presented by Prosecuting Attorney’s Office Chief Deputy Dan Hampton. The total received from the state is $84,000, which will be distributed as grants to organizations that are part of KCODE.

• The transfer of $29,796 to cover the approved allowance from the surveyor corner perpetuation fund, as requested by County Auditor Alyssa Schmucker. The allowance was approved at the council’s Nov. 14 meeting.

• The Flock Cameras grant application, as requested by Hampton on behalf of law enforcement, by a vote of 5-2. The commissioners previously approved the grant application by a vote of 2-1. The cameras, which run $2,500 to $3,500 apiece, are license plate readers.

• The council’s 2025 board appointments; the reappointment of Tisha Holsten to the North Webster Public Library Board; and the reappointment of Jill Howard to the Syracuse Public Library.

Thursday was Mitchell’s and Truex’s last meeting as members of the county council. They served two four-year terms. While Truex did not seek re-election this year, Mitchell ran for and was elected as the next northern district county commissioner, replacing retiring Brad Jackson.

After Long thanked Mitchell and Truex for their service, on behalf of the Association of Indiana Counties, Mitchell presented Truex with an award because Truex attended classes and achieved her Silver Masters Pin. “I think it’s special that you’re going to get this before you finish. So there’s your pin and congratulations. Thank you for being dedicated to education,” Mitchell told Truex.