Meeting Minutes

Floyd County Board of Supervisors Meeting

March 24, 2014, 9:00 AM


The Floyd County Board of Supervisors met in the Assembly Room of the Floyd County Courthouse with the following in attendance:  Supv. Schwickerath, Chair, Supv Kamm, and Supv. Kuhn.

Kamm/Kuhn moved to approve the agenda as presented.  Motion carried 3-0.

Claims will be reviewed individually prior to tomorrow’s regular meeting.

Updates on previous boards/commissions/activities:  Supv Kuhn attended an Area Development Corporation-Site Selection Committee where they discussed MidAmerican Energy building restrictions around the wind turbines in the Industrial Park Area and at a second meeting the wind turbine area and other areas were visited.  Supv Kuhn also attended an FMC Early Childhood Iowa meeting where they reviewed the Excellence Program documents and a Tourism meeting where projects throughout Floyd County were reviewed. Supv Kamm attended a Landfill meeting, a NIACOG meeting, an Airport meeting where they discussed a new hanger, a Conservation meeting where they discussed the director’s retirement, and a Business Improvement meeting where they did some brainstorming.  Supv Schwickerath attended a Chamber and Joint Entity meeting.  All three supervisors attended the annual Soil and Water Conservation banquet. 

The Board presented Sheriff Lynch with a 20-year service award certificate.  Frank Rottinghaus, County Treasurer, also received a 20-year certificate. 

The Board discussed the impact of the change of operations to the jail.  The following attended:   Sheriff Rick Lynch, Deputy Jeff Crooks, Lead Jailer April Watenpuhl, and County Attorney Norm Klemesrud from Floyd County, Supvs Shannon Paulus and Joel Voaklander, County Attorney Mark Walk, and Sheriff Greg Beaver from Mitchell County, Mayor Erb, City Administrator Steve Diers, City Attorney Ralph Smith, Councilman Jerry Joerger, and Public Safety Director Mike Wendel from the City of Charles City, Chief Randy Schweizer from Rockford, Chief Jesse Dugan from Nora Springs, Clerk of Court Julie Kneip, Magistrate Judge Marilyn Dettmer, District Court Judge Newell, and an Iowa State Trooper.  Supv Schwickerath provided an overview of the inspection report noting deficiencies in the jail and the budget review process presented by the Sheriff in January which included housing inmates in Mitchell County.  Lynch read Jail Inspector Delbert Longley’s comments about the jail being an older facility that does not meet the current needs of the staff or the public.  Discussion included:  1) Costs to make changes/build new:  Lynch commented that we are landlocked on 4th floor.  In 2002 there was talk of adding another 10 people by expanding a work release area on the magistrate court side if they were to vacate.  In 2003 Lynch and Chief Wendel looked at approximately 15 law enforcement centers.  The old Kmart/Theisen’s building was talked about.  To build new would require a vote to bond.  No formal analysis has been done.  2) Liability:  Lynch commented that first and foremost were his concerns to reduce the liability of the county and addressed his concerns with Klemesrud.  Smith suggested that the county is concluding there is a liability without doing an analysis and suggested contacting EMC insurance to see if the inspection report is of concern to them should the jail remain open as is.  Wendel questioned liability should an OWI arrest be made, processed using the data master here, and causing loading and unloading the person twice.  Dettmer suggested additional risk of officers transporting to Osage during blizzards. 3) Contract with Mitchell Co:  The original proposed contract was $135,000, based on six inmates housed per day.  The current average is eight inmates.  A revised proposal is based on a daily rate per inmate actually housed per day.  Lynch said this could range between $120,000-170,000 per year.  He also stated that although there will be a contract with Mitchell Co, where inmates are taken is up to the officer.  4) Transports:  Lynch said each law enforcement agency will do the initial transports.  The county will do transports to and from hearings.  Klemesrud said the arresting officer has the responsibility to get the person to the jail, however, if the highway patrol makes an arrest, they will contact the sheriff department for transport.  Interpretations differ between Dettmer, the city and the counties on getting the person “to the jail” or “to the county” and who does the transport from Floyd Co to Mitchell Co for people arrested by city officers.  Klemesrud stated that who pays for the initial transport remains to be discussed.  Attorney General opinions, the Iowa Code, and case law need to be reviewed.  Wendel said at times there could be multiple arrests that may leave him with insufficient coverage due to transports. 5) How long before the state would close the jail?  The state has not made a decision to close the jail.  The County does not intend to close the jail but will only house inmates during week days.  The jail remains subject to annual inspections.  Schwickerath said the county has made a decision to try this process and if it doesn’t work, inmates can be brought back to Floyd Co at any time.  Revisions to the proposed contract allow the county to terminate at any time within the first year.  6) Budget:  The County does not anticipate additional costs because we have always done transports across the county.  Budgeted expenses were reduced by $100,000 from FY14 to FY15.  With approximately 250 arrests per year, the City of Charles City expects transports to have an impact on their budget.  Dugan stated that the additional four miles for Nora Springs to transport approximately 50 times per year to Osage should not affect them much.  8) Warrants:  Wendel questioned if officers will be able to verify original warrants timely; Lynch said the office would not be covered 24/7 but offered to give the warrants to the city or the city could call a deputy or a city officer could come to the county to check warrants.  9) Bailiff:  Dettmer questioned who would be available for magistrate court on weekends; Lynch responded that a jailer would be here.  10) Inmate injuries at initial arrest/processing:  Wendel questioned what hospital to take inmates to; Sheriff Beaver said the Mitchell Co Hospital/Emergency Room will process with no problems.  Beaver will not take inmates if they are injured or intoxicated until cleared from the emergency room.  Future activities:  1) The County will contact EMC for a review of the inspector’s report.  2) The City of Charles City will draft a proposal to present to Lynch and the supervisors as to what is expected of reimbursement to the city from the county.  3) The county attorneys and Sheriffs will work out details of the agreement for Mitchell Co’s services.  4) Law enforcement agencies need to work out details with the Sheriff on how to handle specific issues.

The FY14 budget amendment documents were reviewed.  The amendment needs to be to the newspaper by this Wednesday and published by Friday. 

The Board discussed the status of the implementation of the revised employee handbook.  To date, all but one board has approved the document.  Most notices of receipt of the document from employees have been received.  Last week eight employees were successfully tested through payroll with the new vacation schedule. 

The Board noted the receipt of a resolution from the City of Marble Rock regarding an amendment of their Urban Renewal plan for the Bradstreet Economic Development District.    

The Board discussed moving the bulletin board for public notices from outside of the Board Room/Auditor’s office to ground floor.  For the time being, notices will be posted on the bulletin board near the stairwell.  The Auditor will check the cost of a locked case.  Supv Schwickerath will advise department heads at next week’s monthly department head meeting.

Future agenda items:  drainage district meetings on April 8.

Kamm/Kuhn motioned to adjourn the meeting.  Motion carried 3-0.


ATTEST:  ________________________________________            _________________________________

           Gloria A. Carr                                                      Roy N. Schwickerath, Chair

           Floyd County Auditor                                        Floyd County Board of Supervisors


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