(Atlantic, Iowa) – The Atlantic City Council, this (Wednesday) evening, heard from an Atlantic resident with regard to junk – illegally parked vehicles, campers and utility trailers and tires – which says she said has “run amok in the City.” The woman acknowledged there is a process in-place to deal with issues such as those she described, and that it’s most likely a “Very tedious process to cite people for the ordinance violations,” junk related.

She asked the City to become more aggressive in dealing with personal vehicles, ATV trailers and so on, parked on the grass, in some cases for months at a time. She said she “Doesn’t want the City to run around and clean up just because 20,000 RAGBRAI ® riders are coming.” She said her concern is with the people who come to the City on a daily basis to shop, eat and visit persons in the hospital or nursing homes. She asked what type of impression the City is leaving with those people. “I want to make the best impression that we possibly can, so I would plead with you to be more aggressive because I feel our City is run amok with the amount of ordinance violations.”

Cole Loward (foreground) and Kris Erickson talk to the Atlantic City Council (3-2024) Ric Hanson photo

She said the City should get the word out that is not “going to be complacent with all these ordinance violations. It hurts our property values, it’s hurting out community.” Code Enforcement/Animal Control Officer Kris Erickson she has conducted several property inspections and Code Enforcement Office Cole Lowary, said they recently abated a property to the tune of $700, which was billed to the property owner. Erickson said she and Lowary, along with two Street Department employees, cleaned-up the property of person who refused to do so. “Most of what we’ve written-up lately, they’ve complied. So, we are seeing compliance with people,” even with the swings in the weather and temperatures.

Erickson said if they are notified of a potential ordinance violation, she and Lowary have five-days to investigate it. Each case is documented with photographs. If the complaint is deemed valid, then they must wait seven-days to see if the property owner takes care of the eyesore, under most circumstances. If the issue continues, the owner receives a notice of violation.  In that case, the problem area must be cleaned-up within two-weeks. The timeline is different for properties with a dangerous structure. Anything extreme that causes “Danger, stress [or] discomfort to the public, it is a nuisance. Those we deal with as quickly as we possibly can.”

If an abate is conducted (Property clean-up) by the City, the property owner has 30 days to pay the bill, or it will be assessed to their property taxes. Erickson said if a reported property violation is not visible from a City right-of-way, “we can’t write it up, because we cannot trespass. If we send a notice stating we are going to be there if they don’t, that is not trespassing,” because they were fully informed Code Enforcement was going to be there. “If a neighbor gives us permission to access their backyard to be able to see an issue they’re reporting, we can use the neighbors property. We cannot walk on their property to write-them-up, so if it cannot be seen by a street, alley or sidewalk, our hands are tied.”

(Hartley, Iowa) – A single-vehicle accident Wednesday morning northwest of Hartley, in O’Brien County, claimed the life of a 16-year-old male. The Iowa State Patrol reports the crash happened at around 8:30-a.m. at 300th Street and Van Buren Avenue.

Authorities say 16-year-old Joshua Cruz Salzillo, of Hartley, was driving a 2000 Honda Accord that left the road as it was eastbound on 300th Street. The car struck a creek embankment, causing fatal injuries to Salzillo, who was not wearing a seat belt and died at the scene.

The Patrol was assisted at the crash site by the O’Brien County Sheriff’s Office and Iowa DNR.

(Radio Iowa) – Iowa lawmakers have voted to establish the crime of organized retail theft. Senator Scott Webster of Bettendorf said groups often steal merchandise with the intent to sell it later. “Not that long ago we had one happen just up the road in Ankeny where several firearms were stolen and then sold online,” Webster said. “HyVee, a grocer within our state, that’s constantly dealing with this problem (as well as) Home Depot, Lowes.”

The bill passed the House in February and it cleared the Senate today. Senator Tony Bisignano of Des Moines said the bill’s needed. “We’re seeing more and more of theft. It’s becoming a profession and it’s becoming organized,” Bisignano said.

But Bisignano unsuccessfully argued the bill should be broader than retail theft and apply to groups of people who target construction sites or farms to steal tools and equipment and to groups of “porch pirates” who steal packages. “For four or five people to come into the neighborhood and decide they’re going to go through the garages that night, that’s organized theft,” Bigisnano said. “…Let’s not restrict our mentality to what we see on TV. Let’s not worry about Beverly Hills and Rodeo Drive and the Gucci stores. Let’s talk about our neighbors and the things that get stolen.”

Under the bill, the penalties for organized theft from a retail business are linked to the dollar amount of what’s stolen from a store.

(Atlantic, Iowa) – The Cass County Sheriff’s Office today (Wednesday), released a report on four recent arrests. Authorities say on March 14th, 53-year-old Gary Victor, of Bridgewater, was arrested for OWI/2nd Offense.  Victor was transported to the Cass County Jail where he was booked and held pending his later release on his own recognizance.

On March 12th, 22-year-old Erin Mack, of Audubon, was arrested on warrants for:  Controlled Substance Violation, Gathering where Controlled Substances are Used and Keeping Premises or Vehicle for Controlled Substance Violation.  Mack was transported to the Cass County Jail where she was booked and held pending her later release on bond.

On March 11th, 2024, Cass County Sheriff’s Deputies arrested 61-year-old Paul Hansen, of Atlantic, on warrants for Purchase / Possess Depiction of Minor in Sex Act – 1st Offense.  Hansen was booked in to the Cass County Jail where he was later released on bond.

And, on March 10th, 28-year-old Kris Sorcey, of Atlantic, was arrested for OWI 1st Offense.  Sorcey was transported to the Cass County Jail where he was booked and held pending his later release on his own recognizance.

(Radio Iowa) – A new report from the Alzheimer’s Association details some of the difficulties Iowa’s 100-thousand unpaid caregivers experience while trying to navigate dementia care for a loved one or friend. Lauren Livingston, spokeswoman for the association’s Iowa chapter, says it’s an intricate juggling act that requires patience and the ability to work with multiple doctors, to secure appointments, and to find appropriate doctors in the first place.

“About 70% of caregivers report that coordinating care is stressful, and over half say that navigating the healthcare system is difficult,” Livingston says. “We know dementia caregivers have more stress, face more depression and chronic health issues, and navigating care for their loved one just adds to that.” The cost of care is another tremendous worry. The report estimates the cost of caring for people living with Alzheimer’s and other dementias will reach 360-billion dollars this year, a 15-billion dollar increase from a year ago. She notes, that figure does -not- include unpaid care provided by family caregivers and friends.

“Last year in Iowa, family caregivers provided 125-million hours of unpaid care valued at over $2.2 billion,” Livingston says. “That’s really hard to wrap your head around, especially if you think about the fact there’s only 100,000 family caregivers providing all of these hours and value of care. That just really shows the burden of caregiving.” The report finds 60% of healthcare workers surveyed believe the U.S. healthcare system is not effectively helping patients and their families navigate dementia care.

“The Alzheimer’s Association is advocating state lawmakers for funding for a Dementia Service Specialist Program,” Livingston says, “and that would help families with a lot of these care navigation needs, including finding doctors, making appointments, and finding local care and support.”

The report estimates 6.9 million people age 65 and older in the U.S. are living with Alzheimer’s, and over 11 million loved ones are providing care. In Iowa, more than 62,000 people are living with the disease, and there are nearly 100,000 caregivers.

DES MOINES – The Iowa Department of Natural Resources is investigating a fuel spill at the East Nishnabotna River in Cass County.

On March 20, the DNR Atlantic Field Office was notified of a fuel spill that occurred at the Casey’s General Store located at 911 SW 7th Street in Atlantic on March 19.

A transport truck was filling an underground storage tank when an overflow of gasoline occurred. An unknown amount of fuel was released. The gasoline flowed across the parking lot to an unnamed tributary of the East Nishnabotna River.

An environmental consulting firm is on-site assisting with clean-up efforts. Residents are advised to avoid the area. The investigation is still ongoing.

To report a release after hours, please call the DNR’s emergency spill line at (515) 725-8694. Quick reporting can help DNR staff identify the cause of an incident. The DNR website has more information about spill reporting requirements.

(Radio Iowa)- A proposed settlement of a lawsuit by the National Association of Realtors with home sellers clarifying sale details has drawn a lot of attention. The President of the Iowa Association of Realtors, Shaner Magalhaes, says there has always been a required disclosure for the seller, and the settlement would now require one for the buyer.  “To just make it absolutely clear when I sit down with the buyer. I say, Okay, let’s go over this form. Here’s my responsibilities to you. Here’s what I expect out of you in the process. And here’s how the compensation will work,” he says.

Another issue in the settlement is the practice of the agents for the seller and buyer sharing the commission on a sale. Magalhaes says that this is done to bring in more potential buyers, and some reports have wrongly said that the practice will go away. “And that is absolutely not part of the settlement whatsoever. The settlement doesn’t say that they can’t continue to do that, it just has to be completely transparent and disclosed about how that system works,” he says.

Magalhaes says the settlement will not lead to a cap on the amount of commission for realtors. “I mean, that’s been in almost every headline I’ve seen is, you know, this notion that N-A-R can no longer require that agents charge six percent listing commission, whatever, that’s never been a thing,” he says. “I mean, N-A-R doesn’t require anything, you know, any agent can negotiate whatever commission with the seller that they think is reasonable.”

Magalhaes says this covers anyone who is licensed to sell a home, not just those are part of the Realtors Association. He says an update to Iowa’s real estate law to clarify these issues has passed the Iowa House and Senate, and is waiting for the governor’s signature. Magalhaes says clearing up these issues is a good thing. “Codifying this and having the settlement, assuming it’s actually approved by the court, will really force real estate licensees and realtors to be as clear as possible about how that whole system works So ultimately it will be good for the consumer,” he says.

He says it is likely the N-A-R settlement will be approved and completed by July.

(Harlan, Iowa) – The Board of Supervisors in Shelby County, Tuesday morning, met in a regular session. Auditor/Board Secretary Mark Maxwell said in the minutes of the meeting, that Jay Ring, Shelby County Weed Commissioner, requested the required Weed Notice be approved for publication. The Board accepted his report and approved it for publication.  They also approved the appointment of Michael Brooks as Shelby County Deputy Sheriff.

Nick Preston, Shelby County Conservation Director, gave a report noting that the reconstruction of the storage building at Manteno Park is a current project being done by County employees and volunteer help. And, the stream mitigation credits for sale by his department now have another option to manage the sale of the credits. No action has been taken using that option. Supervisor Bryce Schaben suggested increasing the budget for the soon ending Beaver Bounty, as weather has prolonged the trapping season and the allotted funds are soon to run out. The Board approved an increase in the allotted funds by $2,000, or 80 more animals. It was noted that may encourage more trapping as only $150 is left for funding the program.

Auditor Maxwell read a statement from his office telling the Board about budget changes and the hidden costs to Counties, the Department of Management and software services. Supervisor Bryce Schaben advised the other supervisors that the Southwest Iowa Juvenile Department has increased their 2024 budget by 4.57%. Todd Valline of the Shelby County Chamber of Commerce and Industry gave a report, including events that his organization is planning and involved in around Shelby County. Valline’s organization recognized at the annual banquet last week, the non-profit of the year, Shelby County Fair Board. The new business of the year Scooters Coffee, Business of the year, Dr. Jays Family Eye Care; and volunteer of the Year Leslie Bielenberg.

Valline noted also, that there are Hotel Motel funds available for any events that may need to be publicized this summer. The deadline for submitting grants to his office is March 28th. A letter of fiscal sponsorship was presented to the supervisors for consideration. Van Wall Equipment will lease a tractor for $1.00 for use at the Shelby County Speedway this summer, for grooming the track. The Shelby County Fair Board needs a government agency to declare fiscal sponsorship for the lease to be completed. The Board passed a motion to allow the Auditor to sign the lease.

Secondary Roads Head, Chris Fredericksen, asked the Supervisors to approve changes in the road entrance policy to allow for safe and efficient enlargements of road entrances when approved. Parkhurst made a motion to approve the resolution. (Details can be found below)

RESOLUTION 2024-20: ROADWAY ENTRANCE APPLICATION MODIFICATION RESOLUTION

WHEREAS Shelby County sets out the procedure if a land owner wishes to install an entrance from their property to a county roadway. WHEREAS the nature of entrance application changes with time and developments in procedures and applications. WHEREAS, the Shelby County Engineer has recognized the need to amend and change the wording of the Shelby County Entrance applications. WHEREAS, the Shelby County Engineer has duly created procedure to extend existing roadway entrances by amending wording in the roadway entrance application to safely and efficiently modify existing entrances or create new entrances.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF SHELBYCOUNTY that the Board of Supervisors hereby accepts the changes to the Shelby County Entrance application. Schaben seconded the motion, the motion passed with ayes by Parkhurst, Schaben and Kenkel. No nays were cast. The application reads:

Realizing the above conditions and circumstances, and wanting to be as efficient in the use of road funds as possible, the Board of Supervisors has adopted the following policy:

1. The County Engineer is required to issue a permit for each new or widened access to the Secondary Road System. According to Section 319.14 of the Iowa Code, “A person shall not excavate, fill, or make a physical change within the right-of-way of a public road or highway without permission from the highway having jurisdiction of the public road or highway.”
2. The County Engineer will require a no cost permit for each new or widened entrance to the Secondary Road system. Location of entrance will be at the owner’s request if sight distance of 400’ for rock and earth roadways, 500’ for paved roadways, and other factors are approved by the Engineer.
3. Slope from the edge of entrance to the ditch flowline will be as follows: Paved Road/Dry Fill = 8:1; Paved Road (with culvert) = 6:1; Gravel Road = 4:1.
4. Approximately midway between the Right-of-Way line and the edge of the road, the elevation of the entrance shall be at least six (6) inches lower than that of the edge of the roadway.
5. Shelby County shall designate minimum length, diameter, and type of culvert pipe to achieve efficient and adequate width of entrance. Culverts shall be steel riveted annular culverts, or HDPE dual walled culverts that meet Iowa DOT Specifications for entrance culverts. No new entrance culvert shall be less than 24 inches in diameter or 30 feet in length. Entrance culverts larger than 48” in diameter shall be steel riveted annular culverts.
6. All costs of all new/permitted installations will be borne by the owner. The County will maintain stockpiles of new pipe for purchase. When an entrance culvert has deteriorated, or is no longer functioning as originally designed, the Shelby County Engineer or their representative will investigate to determine if a new culvert is required. Shelby County will provide a replacement entrance culvert at no cost but will not assume maintenance of entrances after installation. The replacement pipe will be of length equal to the existing entrance pipe.
7. Culvert pipes shall be approved by County Engineer or their representative. The new culvert pipe shall meet County and Iowa Department of Transportation standards for entrance pipe.
8. Shelby County maintenance personnel are allowed to maintain access to prevent water from damaging the roadway surface.
9. Unauthorized installation of entrances within the public right-of-way will be subject to removal without notice.
10. The priority of equipment used in entrance placement is cleaning out the ends of drainage structures, replacing damaged or separated culverts, washouts, and bridges. Therefore, entrance work is a low priority scheduling item. The owner may have the required entrance maintenance done by others, with all work subject to approval by Shelby County personnel.
11. Extension of existing entrances will only be allowed when the ends of the existing culvert are suitable for attachment as well as the original pipe being structurally sound. Also, entrances shall meet the criteria of this policy following modifications.
12. The owner of each entrance shall be responsible for surfacing the entrance at their cost, as the county will only provide surfacing to house drives when grading, paving, or repairing.
13. All necessary and proper barricades, flares, etc., as per the Manual on Uniform Traffic Control Devices, shall be furnished and maintained by the applicant. Maximum safety precautions shall be maintained to protect workers, property owners, and the traveling public from accidents due to the operations of the applicant.
14. Shelby County shall be indemnified and saved harmless of any damages resulting from the applicant’s operations.
15. The installer shall submit to the Shelby County Engineer a certificate of liability and property insurance, with the minimum coverage as follows: General Liability Insurance – Bodily Injury and Property Damage Combined $500,000 Each Occurrence / $1,000,000 Aggregate

Automobile Liability – &500,000 Combined Single Limits

Excess Liability – Each Occurrence / $1,000,000 Aggregate

Workers Comp. & Employers Liability: Part A – Statutory. Part B – $500,000/$500,000/$500,000

It is the present policy of Shelby County to maintain those driveways specified by the School Superintendents as school bus turnarounds. This may include granular surfacing from should of the roadway to the right-of-way line. The yearly required five year plan for Secondary Roads was then presented to the Supervisors for consideration. After an explanation by Chris Frederickson, Schaben made a motion to approve the plan as presented, Parkhurst seconded the motion, the motion passed with no nays being cast.

The Safety Director Position in Shelby County has been instrumental in keeping work injuries down, for the last few years. And in turn this has kept Workmen’s Compensation costs down, the costs are less than half of what they were 6 years ago. The County Engineer agrees that safety is very important and is willing to use secondary road funds to pay the compensation. Parkhurst made a motion to increase the yearly pay of the position to $7,000.00 to reward the performance and cost savings the County has enjoyed. The Safety Director will still receive the $500.00 a year bonus for getting the insurance modification rating under 1, this is the benchmark used by the insurance company for the future years workman’s compensation insurance rates. Shelby County has been under 1 for the last four years, greatly reducing the cost. Schaben seconded the motion, the motion passed.

The yearly liquor license for Shelby County Golf was then approved after a motion by Parkhurst and a second by Schaben.

(Radio Iowa) – Iowa cities would have to get Iowa D-O-T approval for speed cameras placed along highways and interstates under a bill that’s been introduced in the Iowa House. The D-O-T rolled out this policy over a decade ago, but in 2014 the Iowa Supreme Court ruled the agency didn’t have authority to regulate traffic cameras. This bill would change that and require cities to submit yearly reports to the D-O-T showing speed cameras are in spots along highways and interstates that are at high risk for crashes or unsafe for police to make in-person traffic stops. Frank Chiodo is a lobbyist for the Metropolitan Coalition that represents Iowa’s 10 largest cities. He says the bill is an alternative to a traffic camera ban that preserves speed cameras placed in positions based on evidence and the severity of traffic crashes in the area.

“Over the past several years we have pushed for a regulatory framework,” Chiodo says. “…House Study Bill 740 is a great start.” There are speed cameras along the Interstate-380 S-curve in downtown Cedar Rapids and Cedar Rapids Police Chief David Dostal says there’s been a reduction in serious injury crashes over the past three years. “There’s a change in traffic behavior, resulting in traffic safety,” Dostal says. Des Moines Police Chief Dana Wingert says the bill is long overdue. “There are jurisdictions out there that are doing it the right way, some that are not,” Wingert said. “…The things I see in this bill are things we’re already doing.”

The bill would not give the Iowa D-O-T authority to regulate traffic cameras that issue tickets for vehicles caught speeding or running red lights on city streets.

(Pottawattamie County, Iowa) – Following 31 years of service, Mark Shoemaker, Executive Director of Pottawattamie County Conservation has announced he will retire on August 30, 2024.
Shoemaker made the announcement at the Board of Supervisors meeting on March 19th. He began his career with the County in 1993 and has been in a leadership role for Pottawattamie County Conservation since 1997. In announcing his retirement, Shoemaker said “It’s time for me to focus on my family and my own well-being as I move into this next chapter of my life. I know there are extremely qualified individuals that will carry on the vision and operations of Pottawattamie County Conservation, and that makes the transition a little easier.”

Officials with the Pott. County Conservation Department say under Shoemaker’s guidance, Conservation has flourished. At the time of his arrival, department staff consisted of just seven employees. These days, Conservation oversees vastly expanded efforts with twenty full-time staff members and approximately 160 seasonal employees. Shoemaker says “As we’ve broadened our reach in land preservation, educational programs, and outdoor recreation, our staff has grown. That evolution is in large part due to the support of our Conservation Board, the Board of Supervisors, and the citizens of our county, and I’m grateful for that.”

The surge in popularity of Hitchcock Nature Center, and the future of Mt. Crescent, are among the items mentioned when asked about his proudest achievements. Retaining valuable employees, revered regionally for their expertise, tops his list. Shoemaker said “It has been a pleasure to work with a truly incredible staff throughout my career. I would and will do anything in the line of duty and personally for these people that I have come to know as family.”

Pott. County Exec. Director of Conservation (Photo submitted)

Outside his work for Pottawattamie County, Shoemaker has been a fixture in the community, serving area organizations and agencies in a variety of roles. Amongst them, he has served on the Council Bluffs Convention & Visitors Bureau Board of Directors since 2016, being appointed Vice President in 2020, before becoming Board President in 2022. County leaders say Shoemaker’s impact will long be felt, not just due to his years of service, but because of his authentic personality.

Susan Miller, Chairperson for the Pottawattamie County Board of Supervisors, said “The campground improvements at Botna Bend, Arrowhead, and Olde Town Park that have been  implemented under his watchful eye, are just a few of the great things I’ve been able to witness in my year and half with the County.The significance of merging Hitchcock Nature Center and Mt. Crescent into a Western Iowa destination has been possible because of a team of caring and gifted individuals with great leadership.”

Conservation Board members say Shoemaker’s legacy is one that will continue to inspire for years to come. Board President Eric Hough said “On behalf of the entire Pottawattamie County Conservation Board, I want to express our deepest gratitude for Mark’s years of dedicated service. “His impact on our organization and our county is immeasurable, and his presence will be sorely missed.”