Ad-Express and Daily Iowegian, Centerville, IA

August 4, 2011

Supervisors approve resolution terminating 28E with SIADSA

By Michael Schaffer - Managing editor
Daily Iowegian

CENTERVILLE — The Appanoose County Board of Supervisors Monday morning during their regular meeting in the boardroom of the Courthouse approved a resolution to withdraw from a 28E agreement and to seek reimbursement from South Iowa Area Detention Service Agency.  

SIADSA provides juvenile detention services to its members. Appanoose County has been a member since its formation in 1991.

Issues with SIADSA include a juvenile jail facility in Chariton they sold for a loss of public money and two of the 10 original counties forming SIADSA have withdrawn. The juvenile population in the Montrose facility has plummeted and now SIADSA is experiencing monthly operating losses of $5,000 per month since March 2010.   The board contends SIADSA has approximately $800,000 on hand plus the value of the Montrose facility equals $1 million of equity in the 28E Corporation on or about May 20, 2011.

The resolution, in part, reads:

"Appanoose county, Iowa had made demand upon SIADSA to be allowed to withdraw as a member of this 28E Agreement and receive upon withdrawal and termination of membership in such corporation a l/8 share of equity in that corporation valued as of May 20, 2011; but the SIADSA voted on May 20, 2011 not to do so; and WHEREAS, Appanoose County no longer desires to be a member government in SIADSA and face the continuing joint liability inherent in membership or to continue in having its share of public monies and assets dissipated under current management; but the Corporation's Board refuses to allow Appanoose County's withdrawal from and termination of membership in such Corporation with payment of Appanoose County's l/8 share; and WHEREAS, SIADSA and its Corporation Board, upon information and belief, will only allow Appanoose County's withdrawal from and termination of membership in SIADSA upon the forfeiture of all Appanoose County's interest in the equity of such Corporation under its purported 1999 Amendments to the 28E Agreement;


I. Appanoose County hereby withdraws from and terminates its membership in SIADSA under protest and without recourse following the May 20, 2011 vote of the SIADSA Board;

II. The Appanoose County Board of Supervisors authorizes all actions necessary to achieve reimbursement from SIADSA to Appanoose County of its l/8 share in the Corporation, valued as of May 20, 2011, including but not limited to the filing of appropriate  litigation against SIADSA."

In other action, a motion by Supervisor Linda Rouse to appoint Jan McDanolds to the Conservation Board died for the lack of second. Supervisor Jody McDanel moved to table the item until the next meeting, which passed by a 2-1 vote. Chair       man Dean Kaster and McDanel voted for and Rouse voted no.

The board approved 3-0 a bond to insure against double payment for Brian Felton in the amount of $400.

The board approved 3-0 state credits of 63 percent Homestead and l00 percent Military and Elderly Credit.   

The board tabled action on the Pioneer Cemetery Commission until  more discussion with the Cemetery Commission can take place.

The board approved 3-0 signing the MMP annual submission.

The board approved 3-0 a liquor license refund for Honey Creek Resort State Park.  

The board accepted 3-0 the resignation of Vicki Butler as jailer.

The board approved 3-0 a recommendation of the county engineer and awarded the mobile radio replacement contract to Motorola in the amount of $37,902.45.

Kaster and McDanel moved to approve bills as presented with Rouse voting no, due to her exception with one of the bills.