(In an update to our earlier report) – The Iowa State Patrol says a student at the Sidney High School was flown by Life Net Helicopter to Creighton Hospital in Omaha, after the 2003 Chevy Silverado pickup he was driving collided with a 2004 Sidney Community School District Bluebird School Bus this (Wednesday) morning. The driver of the pickup was identified as 18-year oldDrew Thomas Graham, of Sidney. Officials say he was not wearing a seat belt. The bus driver was identified as 60-year old Dennis Charles Golden, also of Sidney.

The Patrol says the pickup was westbound on Knox Road from Maple Road at around 8:17-a.m., when it crossed the center line and collided with the eastbound school bus. Following the collision, the pickup came to rest on the road, while the bus came to rest in the ditch.

The collision, which occurred near the Sidney Junior/Senior High School, also resulted in injuries to the bus driver and two students on the bus, all of whom were transported to the hospital as a precaution. The bus had just left the grounds to take seven students to vocational classes in Sidney, when the crash occurred.

DES MOINES, Iowa (AP) – The Iowa Court of Appeals has upheld the use of automated speed cameras in Iowa, rejecting challenges in two separate court cases filed by citizens claiming Cedar Rapids cameras violated their constitutional rights.

In one case six car owners ticketed on Interstate 380 sought class-action status claiming the cameras violate equal protection and due process rights among others. In the second case Marla Leaf claimed the city failed to clearly prove she was speeding.

The court on Wednesday rejected each challenge saying federal courts have already declared the cameras constitutional. The attorney representing the car owners says they’ll appeal to the Iowa Supreme Court. Several other pending court cases in Iowa challenge the legality of automated cameras and a bill to ban them has resurfaced in the Iowa Legislature.

The Pottawattamie County Sheriff’s Office reports the arrest on Monday of 21-year old Jayson Anthony Scarborough, of Marshall, MO., following the alleged assault of a Cass County man and destruction of property. Authorities say 36-year old Jeffrey Shane Cloughly, of Atlantic, walked with a baby to the Casey’s Store in Avoca at around 9:25-a.m., Monday, after Cloughly was allegedly struck on the back of the head at 707 N. Chestnut Street, in Avoca. The man refused medical treatment, and told deputies his bedroom in the residence had been damaged by the suspect, in the form of holes being punched in the drywall. The damage amounted to $500. Scarborough was arrested for Criminal Mischief in the 3rd degree and Simple Assault.

And, a 17-year old male from Council Bluffs was referred to Juvenile Corrections in connection with the armed robbery Tuesday afternoon, of the DeSoto Mini-Mart, in Missouri Valley. Authorities say the store clerk reported at around 4:40-p.m., that a juvenile male had come into the store and pointed a shotgun at him. The suspect demanded money and other items before leaving the area in a 2016 Chevy Silverado pickup. The pickup was located and impounded. The unnamed suspect faces charges that include Robbery in the 1st Degree and Theft in the 5th Degree.

The Iowa Court of Appeals has affirmed the 1st Degree Robbery conviction in Shelby County, of Chad Dean Meek, of rural Defiance, who robbed the Irwin County Store during the late night hours of May 25th, 2015. Meek was 36 when crime occurred. His case went to trial in May, 2016 and a jury found him guilty. Meek was sentenced to 25-years in prison, with a mandatory minimum sentence of 70 percent of that time being served.

The Appeals Court also affirmed the conviction of Barbara Kay Svoboda, who had challenged her guilty plea to forgery, with regard to the altering of a rental agreement in Guthrie County. She has also faced six six felony charges in two previously filed cases but reached a plea agreement with the State in three of the cases, and agreed to plead guilty to three felony charges associated with Identity Theft, 2nd Degree Theft, and Forgery. In the Forgery case, she claimed her guilty plea was “defective” because the district court did not ensure she understood the nature of the forgery charge and did not review her right to have an attorney appointed to represent her at trial. The Appeals Court upheld the District Court’s ruling in her case.

And, in an Adair County case, the Appeals Court vacated the conviction of Jordan Campbell and remanded the case for further proceedings, Campbell had appealed the denial of his motion to suppress evidence and subsequent conviction for Possession of a Controlled Substance with the Intent to Deliver, and Failure to Affix a Drug Tax Stamp. He argued the traffic stop on Interstate 80 and detention of him by an Iowa State Patrol Trooper that subsequently resulted in the discovery of evidence against him, were unconstitutional, based on the duration of the stop beyond the time necessary to complete the reason for the stop. He also contended the drug-dog sniff of his vehicle without a warrant was unconstitutional.  The Appeals Court in its ruling, agreed the roadside duration of the stop was unconstitutional (in violation of the 4th Amendment), and the lower court should have suppressed the evidence of contraband in Campbell’s vehicle.

The Harlan Police Department today (Wednesday), released a report on arrests and incidents dating back to last Friday. Authorities say on Sunday, 34-year old Justin Henriksen, of Harlan, was taken into custody on an active warrant and transported to the Shelby County Jail.  Upon a search of Henriksen’s person, a controlled substance was located.  Henriksen now faces an enhanced Possession of a Controlled Substance, charge.

On Saturday, Harlan Police took into custody a minor, after officers observed a vehicle driving recklessly.  Consent to search the vehicle was granted and Officers charged the minor with Minor using Tobacco, 3rd offense; Possession of Drug Paraphernalia; Possession of Controlled Substance and Prohibited Acts. The youth was brought to the Shelby County Jail.

Last Friday, 40-year old Brian Paul Werner, and 22-year old Jaime Alexandra Sully, both of Harlan, were taken into custody and transported to the Shelby County Jail after officers observed a vehicle driving the wrong way down a one-way street.  Consent was granted to search the vehicle, where Officers located drug paraphernalia.  Werner was charged with Prohibited Acts; Child Endangerment; and Possession of a Controlled Substance.  Sully was also charged with Child Endangerment and Possession of a Controlled Substance.

Also last Friday, 33-year old Ronald Anthony Leal, of Harlan, was arrested after  Officers were called to the Shelby County Jail about administering a preliminary breath test to Leal, who had reported to the jail to serve time on previous charges.  Leal was placed under arrest and charged with additional Public Intoxication charges.

SIDNEY, Iowa (AP) – At least three students have been injured in a collision between a school bus and a pickup truck near the front of a school in southwest Iowa. Authorities say the collision occurred around 8:30 a.m. Wednesday at the Sidney Junior/Senior High School in Sidney. District Superintendent Gregg Cruickshank says the bus had just left the grounds to take seven students to vocational classes in Sidney when the oncoming pickup swerved across the street and hit the bus.

Cruickshank says a student driving the pickup was flown to an Omaha, Nebraska, hospital for treatment. The superintendent says the bus driver and two boys on the bus were taken to a local hospital as a precaution. He declined to release any names.

Cruickshank also says classes continued as scheduled Wednesday.

Iowa Senator Joni Ernst followed Tuesday’s loud and cantankerous public forum in Maquoketa with a closed-door meeting with a drug abuse fighting organization in Clinton. Ernst spoke with local reporters after the meeting and expressed concern about the tone of the Maquoketa meeting. “I am o.k. with people coming out and exercising the right to free speech,” Ernst said. “They certainly can do that, but what is concerning is that when are we going to start coming together and having a productive dialogue.”

Ernst says she hosted the Maquoketa forum to discuss veterans-related issues. “It was really hard. We had a veterans roundtable and we’re gathering a lot of information about veterans initiatives and where we need to do better, so there were a number of issues that were presented and it was really hard to delve into those issues…when you had so many other people talking over those veterans,” Ernst says.

“For the most part,” she said, “the crowd tried to remain respectful of those veterans that actually attended to get their information to us, but there were others that were just so angry that it didn’t matter what the discussion was, they weren’t going to pay attention.” When Ernst arrived at the Maquoketa forum, she was greeted with a chant of “just one term,” and when she ended the event at the 45 minute mark, the crowd erupted with chants of “do your job” and “shame on you.” Ernst says Republicans in Washington are focusing on promises made to voters during 2016.

“What we have seen is a president now that’s transitioned into the administration. He’s doing everything that he said he would do when he was out on the campaign trail, so people shouldn’t be surprised at his actions out there,” Ernst says. “Nor should they be surprised that in the senate we’re trying to get down to work…to move in the direction that they asked us to move in this last election cycle.”

Ernst also held a private meeting in Davenport with a cancer support group yesterday (Tuesday).

(Radio Iowa)

Iowa’s Attorney General has filed seven lawsuits covering five counties for alleged violations of the “Iowa One Call” law. The law requires anyone who is going to be digging to call at least 48 hours in advance to have underground utility lines marked. Attorney General Tom Miller’s spokesman, Geoff Greenwood, says the people involved in each of these cases failed to make that call. “These are cases where it wasn’t just a matter of a contractor digging near a line, in most of these cases a contractor actually hit a line. These are all involving natural gas pipes,” Greenwood says.

Four of the lawsuits have been resolved or have agreements pending. He says these types of violations are not something that can be overlooked. “We are concerned when something like this occurs because it is a public safety threat,” Greenwood says. “Whether it’s a gas line, or electrical line or telephone line — it endangers the public when a contractor goes in and digs without calling first and doesn’t know where those lines are located.”

Greenwood says there are a variety of underground utilities and hitting them can create some serious issues. “We’ve had situations before where underground lines have exploded. We’ve had situations before where people have been electrocuted. We’ve had situations where the phone lines went down and a whole community had not access to its 9-11 system or other ways to make a phone call,” Greenwood explains. “So, that’s why we take these cases seriously.”

Greenwood says being in a hurry to get work done is not an excuse for not calling and having the underground lines marked. “We hear that once in a while that someone was trying to save time or money — and that argument just doesn’t wash. That’s because this is a free call, it doesn’t cost you anything to call these folks and have them come out and do what the law requires,” Greenwood says. “The surveying is free. So, it’s a one call phone call and they will come out and survey the area and mark where these lines are located underneath the ground and that protects, you, it protects the public and it protects the utilities.”

And Greenwood says it can cost you a lot more to go ahead and dig and hit a line instead of waiting. Anyone planning to dig can notify the Iowa Once Call Notification Center about planned digging or excavating online at www.iowaonecall.com, or by phone at 811 (or toll-free at 800-292-8989). The center is open 24-hours a day, seven days a week, 365 days a year.

The lawsuits, include four that are resolved or where the agreements are pending.

Here are the details:
In Calhoun County, Ag Repair of Manson alledgedly hit a Northern Natural Gas pipeline while doing tile work and had to replace a section of the pipeline at a cost of 100-thousand dollars. The lawsuit in this case seeks unspecified damages and a court order barring the company from violating the One Call law.

In Dickinson County a lawsuit against Lynde Construction Incorporated of Sioux Falls South Dakota, alleges that on April 4, 2016, the company hit and damaged a two-inch underground natural gas line as part of a drainage tiling project in Arnolds Park. The excavation allegedly took place several feet away from a permanent natural gas pipeline marker. The lawsuit seeks unspecified damages and a court order barring Lynde from violating the One Call law.

In Lee County the lawsuit alleges that in late January of 2016, DeLong Construction, of Washington, Iowa, was excavating as part of a ditch cleaning in rural Lee County, when it hit and damaged a one-foot diameter natural gas line. Through a proposed consent decree agreement has DeLong admitting violations and paying a seven-thousand dollar ($7,000) penalty and the company agrees not to violate the One Call law.

There are three lawsuits in Marion County District Court, which were tentatively resolved through proposed consent decrees. According to Miller’s lawsuit on August 7th, 2015, K-M-A Development L-L-C, doing business as K-M-A Trucking & Excavating, of Princeton, damaged a one-inch diameter natural gas line in Knoxville, while excavating to plant trees. Through a proposed consent decree agreement has K-M-A, admitting violations and agreeing to a five-thousand dollar ($5,000) penalty and the company agrees not to violate the One Call Law.

The lawsuit alleges on March 23, 2016, Koopman Roofing Incorporated doing business as Hopkins Roofing of Pella, excavated land in Pella to lower an underground natural gas line. During the excavation, Hopkins damaged the line. Through a proposed consent decree agreement Hopkins Roofing admits violations and will pay a three-thousand-dollar ($3,000) penalty and agrees not to violate the One Call law.

The lawsuit alleges on February 1st, 2016, Peterson Tiling & Excavating L-L-C, of Pella, was excavating as part of a drainage tile installation in Pella when it hit and damaged a an underground natural gas line. Through a proposed consent decree agreement says Peterson admits violations and will pay three-thousand dollars ($3,000) and agrees not to violate the One Call law.

In Sioux County, the lawsuit says on May 5th 2016, Steve Doorenboos, of Boyden, was excavating land as part of a drainage tile project in Boyden when his equipment hit and damaged an underground natural gas line. The incident resulted in the city losing natural gas service. The lawsuit seeks unspecified damages and a court order barring Doorenboos from violating the One Call law.

(Radio Iowa)

The Cass County Board of Supervisors today (Wednesday), approved the signing what essentially amounts to a “Letter of Intent” to enter into an $8.5-million Development Agreement with Elite Octane, LLC., with regard to the proposed nearly $200-million ethanol plant on the outskirts of Atlantic. The Board, by a vote of 5-0, passed Resolution “Authorizing Tax Increment Payments and Pledging Certain Tax Increment Revenues, to the Payment of the Agreement.”

Auditor/Board Secretary Dale Sunderman…

Their approval means Snyder and Associates Engineers can continue with the preliminary design and engineering phase of the project.

Before the Board held their vote, Supervisors Frank Waters and Steve Baier, voiced their concerns with the uncertainty over the project, which was all set to fall into place until late last month, when Elite Octane and Atlantic Municipal Utilities failed to come to terms on the rate the company would pay for electricity. Nick Bowdish, who represents Elite Octane, informed the Board earlier this month, that he was pulling out and the deal was dead. Last week, he told the Board “The company has found a path forward with the proposed ethanol project near Atlantic.” Supervisor Frank Waters said that type of waffling and uncertainty over investor interest, is a concern.

Supervisor Steve Baier also expressed his feelings of being concerned the County might be on the hook for all the costs leading up to the finalization of the agreement.

So, the matter now goes back to the attorneys for both Elite Octane and Cass County, to tweak the final Development Agreement and sign-off on it, before it is approved by the Board of Supervisors.  In other business, the Cass County Board of Supervisors re-appointed Bruce Henderson to serve a three-year term as Commissioner for the Southern Iowa Regional Housing Authority (SIRHA), effective April 9th, 2017.

OYENS, Iowa (AP) – A man was taken to a hospital after he escaped from an icy pond in northwest Iowa where his dog was later rescued. The Sioux City Journal reports that the Plymouth County Sheriff’s Office was called around 6:40 p.m. Monday by someone reporting that a dog had fallen through ice at the pond, which sits about a quarter mile south of Oyens. Oyens firefighters and the Plymouth County dive team were sent there, and they found that the dog’s owner had been in the water for about five minutes before he could make it out to safety.

The rescuers used a boat to get the dog out of the pond. The man was taken to Floyd Valley Hospital in Le Mars.