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Montgomery County BOS approve HMA overlay bid/contract; Hears requests for pipeline ordinance

News

June 25th, 2024 by Ric Hanson

(Red Oak, Iowa) – The Montgomery County Board of Supervisors, during their meeting this (Tuesday) morning in Red Oak, passed a resolution accepting a bid of $1,216,352.24 from Western Engineering Company, for a Widening and Hot Melt Asphalt (HMA) overlay project. There were three bids for the project, with Western Engineering coming in with the lowest bid. The project is for work on H-34, from a bridge over Red Oak Creek, east for about two-miles. In related action, the Board passed a resolution to execute the contracts connected to the project, and other matters.

Montgomery County Engineer Karen Albert provided the Board with the weekly Secondary Roads report. She said they have been cold patching roads, including those used by riders on the RAGBRAI route into Red Oak, later next month. And, she discussed the aforementioned HMA project in a little more detail.

The Board received comments from four Montgomery County residents, with regard to a proposed ordinance regulating carbon capture pipelines, in light of Summit Carbon Solution’s proposed Midwest Express CO2 pipeline project.

The first to comment was Maggie McQuown, from Garfield Township, who addressed recent Board meetings where tempers had flown over perceptions the Supervisors’ were set in their ways, and unwilling to find a compromise, while the Iowa Utility Board’s case is being heard in court. The 8th U.S. Circuit Court of Appeals has yet to rule on appeals filed by Shelby and Story counties against a federal judges’ ruling last December that local pipeline ordinances cannot be enforced.

The Board also heard from Steve Hayes, whose family farm is in West Township in Montgomery County. His land sits in the middle of the proposed pipeline route. He expressed his concerns about conservation work they’ve made over the past 70-years to develop it, make it fertile, and the water is saved, with little run-off.

He said also, he is an opponent to Eminent Domain, which is a possibility, if the court rules against landowners whose property is part of the pipeline route.

The Montgomery County Supervisors also hear comments from James and Jan Norris (You can read their statements below). In other business, the Board passed resolutions naming 2024-25 Depositories, and Appropriations for FY25. They set July 16th as the date for a budget planning work session, and agreed to add a closed session to their meeting on July 2nd, to discuss possible litigation. For that reason the session is allowed under the Code of Iowa.

Prepared comments from West Township resident Jan Norris:

“In February Crawford County held an hour-long pipeline discussion where the newspaper quoted their attorney, Colin Johnson. When asked if you had to have an ordinance in place ahead of the ruling, Johnson’s reply was “If the IUB were to issue a permit for Summit to build, it would likely be too late to enact an ordinance,” I phoned the Crawford County Attorney to verify the accuracy of the report and if anything had changed. After making it clear he was not giving me legal advice and stated Montgomery County needs to talk to their attorney, Johnson said, “based on my discussions with other attorneys & my understanding of the IUB process, I continue to stand by my statement, – I haven’t changed by mind” And went on to say, “it won’t apply after an IUB permit is issued is what other attorneys are believing.” He mentioned Palo Alto’s stay provision until the Shelby case is settled. 

Dickinson County may be the most recent to pass an ordinance. I phoned their Zoning Administrator, Megan Kardell to see if Summit has sued them. She said she expected to be filed on instantaneously, passing their ordinance on May 9, but has not been served. In response to why, it’s her opinion because Summit can work with their ordinance. She noted Navigator had been approachable, but Summit has just objected to the whole thing. She said their county attorney also advised to get it on the books before the IUB ruling. When asked about Road Crossing Permits, Megan said they passed an ordinance requiring a million dollar bond.

To fail to discuss these issues looks like bias to the citizens of Montgomery County. It appears you heard what you wanted months ago, and now refuse to hear anything else.  At least do something and make a couple calls. Please don’t just talk to someone you know, call the the people in nine counties who have done the work – Dickinson, Emmet, Kossuth, Butler, Bremer, Adair, Story, Shelby or Palo Alto.”

Prepared comments from Steve Norris, also from West Township:

We all want the same thing – to best serve the citizens of this county. What we want is for the 5 of you – to discuss things ONLY Montgomery County can decide. No input by Summit is needed. Other counties are passing a resolution officially objecting to the Utilities Board’s ability to determine eminent domain. Last week Floyd County held meaningful discussion with State Rep Charley Thomson. It was refreshing to hear the chair invite landowners to speak. No time limit, no attitude, just genuinely seeking to hear their side of things. You submitted an objection to eminent domain early on. It would be good to pursue this.

Road crossing permit policies need to be reviewed. We should be reevaluating our procedures and fee structures and the best way to make it apply to companies, not landowners. It can be done. Does Montgomery County want an ordinance to establish fees & create a setback buffer between our residents and the pipeline? – not can we pass one, not what will happen if we do, not even how – just DOES THIS BOARD THINK IT IS IMPORTANT?

A public forum with Summit sounds reasonable, but maybe unnecessary before you can put discussion on the agenda. Don’t let perfect be the enemy of good. Please discuss it!”

Trial of alleged Algona cop killer delayed by flooding

News

June 25th, 2024 by Ric Hanson

(Radio Iowa) – The first-degree murder trial for the man accused of killing an Algona Police Officer last September will -not- start today (Tuesday) due to flooding in northwest Iowa. Attorneys for Kyle Lou Ricke asked for a continuance in the case on Monday, saying the flooding across the area could lead to problems with the jury pool. Defense Attorney Matthew Pittenger argued many potential jurors may not be able to give their full attention to the case if they are dealing with flood issues at their home or business.

In her ruling, Judge Nancy Whittenburg cited safety concerns, not only the jury pool, but also for those traveling from Kossuth County to attend the trial. Judge Whittenburg moved the trial to Dickinson County last month, after defense attorneys argued that Ricke would not be able to get a fair trial in Kossuth County, due to the publicity surrounding the case.

The trial is now scheduled to begin on Monday, July 8th at the Dickinson County Courthouse in Spirit Lake.

Fort Dodge college offers its temp housing apartments to flood victims

News

June 25th, 2024 by Ric Hanson

(Radio Iowa) – Iowa Central Community College in Fort Dodge is opening its campus apartments to those affected by the flood water. Iowa Central president Dr. Jesse Ulrich said that displaced families can use the temporary housing which is equipped with necessities such as beds, a couch, private bathroom and a kitchen. Ulrich said the service will be in place through July 5th. There are sixteen campus apartment-style buildings on the Fort Dodge campus.

People needing emergency housing need to contact the Webster County Public Health office. All arrangements will be made through their office. Individuals will need to bring their personal supplies such as a pillow, bedding for a twin size bed, personal hygiene items and kitchen supplies.

The water is retreating but the roads may still be dangerous

News

June 25th, 2024 by Ric Hanson

(Radio Iowa) – Flood waters are dropping in some areas of northwest Iowa, but Sioux County Sheriff Jamie Van Voorst says the emergency remains. He says you should use common sense when driving in the areas that had been flooded. He says you should stay on the known open roads and not venture too far out to go sightseeing. The sheriff says there has not been time for inspectors to get out and look at the roads to determine if they are safe.

“In a lot of cases, the shoulders have washed out or culverts underneath where people can’t see are washed out and there’s even some areas where bridges have been compromised and haven’t been checked yet,” he says. “So there’s a lot of unforeseen things under the surface that people need to be very cautious around.”

Some of the damaged roads and bridges may not be open for several days as crews inspect and make assessments. Some bridges may be out of service for weeks, maybe even months.

Supreme Court upholds multi-million dollar judgement for West Union dairy

Ag/Outdoor, News

June 25th, 2024 by Ric Hanson

(Radio Iowa) – The Iowa Supreme Court has upheld a four-point-seven-five million dollar verdict for a northeast Iowa dairy farm. The award was for the operators of Vagts Dairy in West Union who sued Northern Natural Gas Company claiming stray electrical current from a pipeline corrosion prevention system made their cows sick. In one year they lost 17 percent of the cows.

The gas company appealed saying jury instructions were in error and the award too much. The Supreme Court ruled the jury instructions on what constitutes a nuisance were proper and the jury’s finding that stray voltage was definitely offensive, seriously annoying, and interfered with the Vagts’ normal use of land supported the dollar award.

Account established for the family of a Pottawattamie County woman who died in a crash

News

June 25th, 2024 by Ric Hanson

(Pottawattamie County, Iowa) – An account has been established for the family of a Pottawattamie County woman who died during a collision last week in Omaha. The crash also left one-person injured. The accident happened at around 7:30-a.m. Thursday (June 20th), near downtown Omaha. Officials with GoFundMe say 21-year-old Chloe Johnson, of Crescent, was a passenger in the car that collided with another vehicle. Johnson was a sous chef at Sand Point in Omaha. Chef Marcus Jones organized a gofundme to help her family with expenses and hopefully donate to a charity in Chloe’s name.

Chloe Johnson

The driver of the car Johnson was a passenger in, who is from Council Bluffs, was being treated for a non-life-threatening back injury at last report. The driver of the other vehicle was not hurt.

An investigation into the crash is ongoing.

Corps of Engineers seeks input on plan to safeguard Effigy Mounds

News

June 25th, 2024 by Ric Hanson

(Radio Iowa) – Officials with the U-S Army Corps of Engineers will hold an open house tonight (Tuesday) at the Effigy Mounds National Monument Visitor Center in Harpers Ferry to discuss plans to protect the area from flooding and erosion. The prehistoric burial mounds that comprise Iowa’s only national monument have stood for centuries, but the Corps’ Jill Bathke (BATH-key) says they’re now under immediate threat. “Construction of the locks and dams on the Mississippi River and climate change has altered the hydrology that has increased erosion of the shorelines,” Bathke says, “and that’s really eroded a lot of the irreplaceable Native American burial and ceremonial mounds and that cultural landscape.”

The protected area of northeast Iowa is home to some 200 earthen mounds that are believed to have been built during the first millennium. Many mounds are shaped like animals, including bears and birds. About 100 mounds are in a low-lying area known as the Sny-Magill unit, and she says that’s the section being placed at risk by the river. “Right now, out on public notice is our tentatively selected plan which would protect the Sny-Magill unit with a 2,000 foot linear berm,” Bathke says. “On top of that berm, there would be an access trail where people and tribal nations could views the mounds and appreciate their context in the cultural landscape.”

The monument is managed by the National Park Service, and the area east of the Sny Magill unit is part of the Upper Mississippi River National Wildlife and Fish Refuge, which is managed by the U-S Fish and Wildlife Service. Bathke says coordination and consultation with tribal nations about the proposed protection plan is ongoing. Another element in the mix, she says an endangered species of mussel has been found in the area. “A lot of the work in the last year has been done to find ways to minimize impacts to those endangered species while also protecting this really important cultural resource,” Bathke says. “We’ve done consultation with over 19 tribal nations that are culturally or traditionally affiliated with the park, and so that also has taken time.” If the project is approved, the boat launch at Sny-Magill would be temporally closed in spring and summer of 2026 for construction.

“Generally, we found that there’s a lot of support for this project,” Bathke says. “We are proposing to have tribal monitors on site during all active construction activities to ensure that we’re doing this in a way that’s appropriate. And if there’s any significant findings that we would coordinate that appropriately with tribal nations.” Tonight’s open house runs from 5:30 to 7 P-M.

Red Oak man arrested on assault, armed w/intent & criminal mischief charges

News

June 25th, 2024 by Ric Hanson

(Red Oak, Iowa) – The Red Oak Police Department reports officers dispatched to a residence in the 200 block of E. Elm Street, Monday, ended-up arresting a man on assault and other charges. Following a brief investigation, officers took 41-year-old Michael Duwayne Cobb, of Red Oak, into custody at around 5:30-p.m., on: 2 counts of Assault w/bodily injury; Going Armed with Intent (A Class-D Felony), and 4th Degree Criminal Mischief.

Cobb was being held in the Montgomery County Jail on a $5,000 bond.

Inspectors: Medication errors in a western IA care facility linked to woman’s acute kidney injury

News

June 25th, 2024 by Ric Hanson

A Council Bluffs nursing home is facing a potential fine for medication errors that may have resulted in serious injury to the resident. The Iowa Capital Dispatch reports state inspectors allege the staff at Prairie Gate, a 32-resident nursing home in Council Bluffs, recently committed a series of “significant” medication errors in its treatment of a female resident.

According to the inspectors, in early March the woman’s cardiologist ordered that she be given Bumetanide twice per day in 2-milligram doses for 3 days, followed by a once-daily dose of 2 milligrams.

The home didn’t initiate the once-per-day order, which meant the woman didn’t receive the drug from March 10 through March 15. A second error occurred when she was allegedly given, for two full months, a 2-milligram dose twice per day rather once per day. That error was compounded when the home began providing an additional, prescribed 1 milligrams per day. The net result, according to state inspectors, was that the woman “received 5 milligrams of Bumetanide a day, for roughly 58 days, when 3 milligrams was ordered.”

A nurse at the woman’s cardiologist’s office allegedly told inspectors such an error could cause acute kidney injury, adding that she didn’t understand why the home did not question the order in March. The state inspectors’ report does not indicate whether the resident survived, but it does state that she was discharged from the facility on May 28 with a diagnosis of acute kidney injury. The state has proposed, but held in suspension, an $8,000 fine. Earlier this year, the state fined Prairie Gate $6,250 for inadequate nursing services related to an alleged failure to address pressure sores. That fine was later reduced by the state to $4,062.

Prairie Gate has a one-star overall rating, as well as a one-star rating for both staffing and quality measures, on the federal Centers for Medicare and Medicaid Services’ Care Compare website, which scores the nation’s nursing homes on a five-star scale. CMS also reports that it has imposed no fines or penalties against the facility in the past three years.

Prairie Gate is owned by a nonprofit organization, Presbyterian Homes & Services.

NW Iowa flood drowning victim is identified

News

June 25th, 2024 by Ric Hanson

(Spencer, Iowa) – Sheriff’s officials in northwest Iowa have identified a man who died Saturday, after his vehicle was swept away by flood waters. According to the Clay County Sheriff’s Office, William Schulze, of Elburn, Illinois, was driving a red Ford vehicle and attempting to cross rapid flood waters on 240th Avenue, when he was swept away in the flood waters from the Little Sioux River on Saturday. Witnesses told officers they saw a vehicle float under the waters.

Authorities said they knew where the vehicle was, but weren’t able to get to it safely until Monday.