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Iowa officials discuss legal challenge of federal rules for wetland restoration

Ag/Outdoor, News

July 25th, 2024 by Ric Hanson

(Radio Iowa) – Iowa Agriculture Secretary Mike Naig says he’s met with Iowa’s attorney general to discuss legal challenges to some federal regulations relating to wetlands. “In the conservation space, we’re having some real problems in getting with some of our projects through permitting with the Army Corps of Engineers,” Naig says. “You can be sure that we’re going to be looking at how Waters of the U.S. is defined and the Clean Water Act as it related to trying to go out and do conservation work.”

Naig says the lawsuit would follow the U-S Supreme Court’s recent decision that sharply curtails the authority federal agencies have to interpret the laws they administer. “What that sort of says is here congress has been outsourcing a lot of the detail and some of the specifics to agencies and…congress should do their job give specific direction and then perform oversight over agencies,” Naig says.

Naig suggests a prime target for litigation would be federal rules for wetland restoration projects that require work in connected streams. “Nitrate reducing wetlands and whether or not we need to do stream mitigation adds to the costs of these projects,” Naig says. “…We would argue the overall environmental and ecological impact, the positive impact to that stream segment overwhelms the need to go mitigate.”

Naig made his comments during a recent appearance on Iowa Press on Iowa P-B-S.

NW IA officials may join regional group that oversees Little Sioux watershed

Ag/Outdoor, News

July 25th, 2024 by Ric Hanson

(Radio Iowa) – As part of flood recovery efforts, some officials in northwest Iowa are exploring the idea of joining a Water Management Authority that oversees the Little Sioux River watershed. The Little Sioux Headwaters Coalition currently includes agencies in areas along the Iowa-Minnesota border. Clay County Supervisor Allen Batschelet says rather than reinventing the wheel, joining the coalition — which was set up 15 years ago — makes sense.

To create a new one…we would have to go find every affected entity and get them…educated and informed on what this was all about and then get them to go through their approval process and then we’d have to identify who would lead the new agency, wherever it would be. What are the boundaries going to be for it? It would be a pretty heavy lift, I think, and not expeditious,” he says.

Dickinson County Supervisor Steve Clark says it may be time to have his county, along with Clay, Cherokee and Buena Vista Counties become part of the Water Management Authority for the Little Sioux. “We can have a fairly good impact on the whole watershed as we bring in stuff from the top it will slow the water down that goes on downstream,” Clark says.

Last month’s Little Sioux River flooding devastated swaths of Spencer and Cherokee. In the small community of Linn Grove, the crest was six feet higher than the previous record set in 1993. The Little Sioux Headwaters Coalition is scheduled to meet August 14th to hear from a consultant about flood control measures.

Lyon County fairgrounds heavily damaged by flooding, this year’s fair elsewhere

Ag/Outdoor, News

July 25th, 2024 by Ric Hanson

(Radio Iowa) – The Lyon County Fair is underway this week — but changes had to be made after high water from the Rock River heavily damaged the Lyon County Fairgrounds in Rock Rapids. Lori Rens is the secretary of the Lyon County Fair Board. “It just devastated and decimated our fairgrounds, all the way down to our infrastructure,” she says. “Some buildings were damaged and we just knew it wouldn’t be a safe place to host our fair this year.”

Lyon County livestock shows were moved to the Osceola County fairgrounds in Sibley. “They ran their fair last week, so there are so many of their fair board members and their superintendents for livestock who are putting in a second week to help us out, so it’s just incredible,” Rens says. “Words cannot express how grateful we are that they opened up their home to us.”

While the livestock shows were moved to Sibley, the Lyon County Fair Queen pageant was held at the community center in Rock Rapids and that’s where 4-H exhibits were judged last Thursday. The Lyon County Fairboard will host a street dance fundraiser in Rock Rapids Friday night to raise money to repair their fairgrounds and racetrack. The flooding not only damaged buildings on the fairgrounds, it left behind large holes in the ground and exposed electrical lines.

(Reporting by Sheila Brummer, Iowa Public Radio)

High School Boy’s State Baseball Results from Wednesday

Sports

July 25th, 2024 by Asa Lucas

Class 1A 
Semifinals:

Remsen St. Mary’s 7, Newman Catholic 4
Lynnville-Sully 4, Akron-Westfield 0

Class 4A
Quarterfinals
Iowa City High 2, Waukee, 0

Class 3A Semifinals:
Bishop Helen Catholic 6, Wahlert Catholic 3

North Polk 2, Marion 1

High School Girl’s State Softball Results from Wednesday

Sports

July 25th, 2024 by Asa Lucas

Class 1A
Semifinal:
Martensdale, St. Mary’s, 2 St. Edmond 1
Sigourney 6, Southeast Warren 1

Consolation:
Collins-Maxwell 3, Edgewood-Colesburg 2
Wayne 8, Remsen St. Mary’s 1

Class 2A 
Semifinals:
Audubon 3, Eddyville Blakesburg Fremont 2
Van Meter 4, East Marshall 3

Consolation:
Northeast 8, West Monona 2
Lisbon 4, West Fork 0

Class 3A

Semifinals:
Williamsburg 3, Wahlert, Catholic 2
Assumption 10, Benton 7

Consolation:

PCM 3, Sumner Fredericksburg 1
Estherville Lincoln Central 8, Solon 1

Class 4A:
Semifinals:
Carlisle 6, North Scott 2
ADM 7, North Polk 2

Class 5A:
Semifinals:
Valley 8, Ankeny 1
Pleasant Valley 4, Urbandale 2

Audubon Softball advances to State Championship over Eddyville-Blakesburg-Fremont

Sports

July 24th, 2024 by Asa Lucas

In dramatic fashion again, the Audubon Wheelers softball team came back to win against the Eddyville-Blakesburg-Fremont Rockets 3-2 in the Class 2A State Semifinals. The start of the game was typical for Audubon softball as it quickly turned into a pitcher’s duel between Audubon’s Riley Miller and the Rockets Lanie Batterson. Miller was commanding in her first three innings of pitching giving up no runs, no hits, and 5 strikeouts. The Rockets finally broke through in the top of the fourth inning with a string of three hits in a row, including a 2 RBI double from Aliya Wagamon giving them the lead at 2-0. The Wheelers did minimize the damage thanks to a double play from Taryn Petersen who caught a pop fly and tagged the runner at second to end the top of the inning.

The game would remain at 2-0 while the Audubon bats remained silent, only having one hit throughout the first six innings. Time was running out for the Wheelers as they started the bottom of the seventh. Jordan Porsch was the leadoff hitter and she delivered with a single to put a runner on. Riley Miller was next up to bat and she drew a walk, putting the tying run on first with no outs. Alexis Obermeier then stepped into the batter’s box delivering an RBI single to make the score 2-1 and advancing the tying run to third base. Addie Hocker was up to hit and she hit a grounder towards second base to put herself on first due to a fielder’s choice. Hocker would steal second moving the go ahead in scoring position and Michelle Brooks took care of the rest hitting a line fly ball out towards right field for a 2 RBI walk off single and giving Audubon the victory at 3-2.

Miller again helped her team with the comeback pitching a full game, with 2 earned runs, 3 hits, and 6 strikeouts. Batterson also had a respectable day for Eddyville-Blakesburg-Fremont pitching over 6 innings, giving up 3 earned runs, 4 hits, and 2 strikeouts. Audubon head coach Andrea Schwery credited her teams win to their ability of staying motivated and calm.

Michelle Brooks went 1-3 for Audubon with a 2 RBI single and the walk off hit. She commented on how surreal the feeling of going to the state championship is.

Alexis Obermeier was also a key contributor with her 1-3 day and lone RBI in the bottom of the seventh inning. Part of her success in Fort Dodge is the trust she shares between her teammates.

The win against the Rockets will advance the Wheelers to the state championship game for the first time in program history. For Obermeier and her teammates they plan on staying positive and secure in one another.

The state championship game will be played against the 42-1 Van Meter Bulldogs on Friday. Coach Schwery’s approach to Friday is taking it one game at a time.

First pitch for the Class 2A state championship game is set for 5:00pm on the 26th.

Pickup & an SUV/trailer collision in Creston leaves both vehicles disable

News

July 24th, 2024 by Ric Hanson

(Creston, Iowa) – A collision Wednesday morning in Creston left two vehicles disabled, but no one was hurt. According to the Creston Police Department, 37-year-old Andrew J. Putz, of Greenfield, was driving a pickup northbound in the inside lane on N. Sumner Street at around 10:25-a.m, when he noticed an ambulance with visible lights and siren activated, traveling north on Sumner, coming up behind him.

Putz immediately merged over to the outside lane, unaware an SUV was next to him before he merged. The front bumper of the pickup caught the front driver’s side corner of a trailer being pulled by the SUV, driven by 67-year-old Danny Lee McIntosh, of Creston.

Damage to Putz’ 2016 GMC pickup was estimated at $4,000, according to police. The 2002 Ford Explorer SUV sustained $3,000 damage. While no citations were issued, the report said Putz’s failure to yield the right-of-way was a contributing factor in the accident.

Health Care Store and two Iowa pharmacists cited for dispensing wrong drugs

News

July 24th, 2024 by Ric Hanson

(Des Moines, Iowa/Iowa Capital Dispatch) An Iowa pharmacy and two pharmacists have agreed to pay civil penalties for allegedly dispensing the incorrect medications to patients. The Iowa Capital Dispatch reports, in three cases, all unrelated to each other, are detailed in the latest settlement agreements involving the Iowa Board of Pharmacy.

One of the cases involves Food Land Pharmacy in Woodbine. The board alleges that on July 18, 2023, a Harrison County home-health worker noticed that the medication she was giving her patient did not match the description on the pill bottle. A subsequent investigation revealed Food Land Pharmacy had provided the patient with the wrong medication, which was a drug that had never been prescribed for the individual. The next day, a woman went to Food Land Pharmacy to pick up a prescription for her son and was given a medication for a different individual.

In October 2023, the board alleges, the pharmacy failed to update its records by removing a “duplicative therapy” for a customer and as a result, the pharmacy dispensed the wrong strength of his medication for three months. Around that time, another patient was allegedly given a lower strength medication than was prescribed. The available board records give no indication as to what drugs were mistakenly dispensed or whether the patients in question suffered any adverse outcomes.

The board also alleges that in July and August 2023, Food Land Pharmacy employed Sabine Guinn as a pharmacy technician despite Guinn’s lack of a registration as a pharmacy technician. The store failed to determine whether Guinn had the required registration before putting her to work in the store, the board alleges. As part of a settlement agreement with the board, the store has agreed to pay a $2,500 civil penalty and have all pharmacists and pharmacy technicians undergo additional training in patient safety and medication errors. The settlement was signed by Dina Corbett of Woodbine, president of Food Land Pharmacy. Federal records indicate John Corbett of Omaha is the pharmacy’s designated representative.

Other pharmacists recently sanctioned by the board include:

Jordan Gran of Sioux City, who was working at the Hy-Vee Pharmacy located at 2827 Hamilton Boulevard in Sioux City last October when a customer arrived there for a COVID-19 booster vaccination. Gran is alleged to have mistakenly entered data into the computer calling for an influenza vaccine, which was then administered.

As part of a settlement with the board, Gran agreed to a civil penalty of $1,000 and agreed to take additional training on patient safety and medication errors. Earlier this year, the board fined the pharmacy $2,000 for the error and ordered the entire professional staff to undergo training on medication errors and patient safety.

Danelle Hudspeth of Delhi, who on Feb. 16, 2024, allegedly dispensed and verified an incorrectly filled prescription for a minor and then counseled the child’s mother on the administration of the drug. Hudspeth agreed to pay a civil penalty of $2,000 and take additional training on patient safety and medication errors. The available public documents do not state where Hudspeth was employed when the errors occurred, but indicate she was practicing in the city of Independence at the time.

Fired Council Bluffs police officer’s lawsuit accuses city of retaliation, discrimination

News

July 24th, 2024 by Ric Hanson

(Council Bluffs, Iowa) – A former Council Bluffs police officer is suing the city in federal court, alleging gender discrimination and retaliation. The Iowa Capital Dispatch reports 36-year-old Miranda Adams, who began working for the Council Bluffs Police Department in 2012, alleges she was fired in 2023 after she filed a complaint of discrimination and harassment with the Iowa Civil Rights Commission and the Equal Employment Opportunity Commission.

The lawsuit claims that on Sept. 11, 2023, the Civil Service Commission for the City of Council Bluffs overturned the city’s decision to fire Adams, but the city has refused to reinstate Adams. Her lawsuit seeks unspecified damages for alleged violations of state and federal civil rights laws.

Adams alleges her problems began in March 2020 when, after several months of alleged harassment from a male coworker, she filed a formal internal complaint of gender harassment discrimination. In her lawsuit, she says she was not made aware of the ultimate findings of the complaint investigation, but that her direct superior, Sgt. Robert Radford, was given a written reprimand as a result of the complaint.

Subsequently, Radford and Lt. Chad Meyers, both of whom were named in Adams’ complaint, allegedly handled Adam’s performance evaluation. While her past reviews had been excellent, Adams claims, her 2020 evaluation was “decidedly negative” and made specific reference to her harassment complaint. City of Council Bluffs logo

Adams appealed the evaluation, which according to her lawsuit led to an amended evaluation that resulted in higher scores for job performance and omitted any reference to her complaint. On Aug. 26, 2021, the last day of her 2021 evaluation period, Radford allegedly issued Adams a disciplinary action notice following an “interaction” of some kind between the two surrounding a controlled-substance purchase by a police informant. Radford allegedly felt that Adams showing him a page from her training manual concerning informants was “discourteous and disrespectful.”

Adams then filed a formal grievance on the matter, arguing the notice was retaliation for her prior complaint and that she feared “further retaliation and slander” by the police department. According to the lawsuit, the city rejected Adams’ appeal and in August 2022, she was the target of an internal affairs investigation concerning her interrupting fellow officers during their interview of a suspect. Adams alleges she was never made aware of the outcome of the internal affairs probe, and that in October 2022 she was the subject of another internal affairs investigation, this time stemming from concerns that she was rude to Radford.

Adams then filed charges of retaliation, discrimination, failure to promote and harassment with the Iowa Civil Rights Commission and the EEOC. The city subsequently fired Adams, alleging she had made untrue statements in her complaint to the commissions. On April 13, 2023, Adams filed an appeal of her termination with the city’s civil service commission, which later issued a unanimous judgment overturning the City of Council Bluffs’ decision to fire Adams. The city refused to reinstate Adams.

As part her lawsuit, Adams says she is now unemployed and that it’s unlikely she will ever be “afforded the opportunity to work in law enforcement again” due to the city’s efforts to destroy her reputation. As of today (Wednesday), the city had yet to file a response to the lawsuit.

Atlantic City Council approves special fireworks display; RAGBRAI deemed a success

News

July 24th, 2024 by Ric Hanson

(Atlantic, Iowa) – The City Council in Atlantic met in a relatively short, regular session this (Wednesday) evening, during which they approved a request from Wild Wayne’s, for a Special Fireworks Display on Sept 14th at dusk. The private event is with regard to Duke Aerial’s Employee Appreciation event (on private property at 103 W. 29th St.). The show is expected to last about 20-minutes.

The Council then received an update from Cass County/United 1st Aid Program Coordinator Erik Johnson, who said there are currently 18 volunteers who “Dedicate their off-time to helping their neighbors, helping the community that they live in, being available when they travel between north-south, east-west of our county, to stop at a moments notice and go assist somebody in need.”

They are also equipped with Narcan and other supplies necessary to provide aid until an ambulance arrives on the scene. Johnson said between the three counties that have instituted the program (Cass, Van Buren and Calhoun), there have been 100 calls.

Erik Johnson

Erik Johnson said they hosted a First Aid station during RAGBRAI, in cooperation with Cass Health.

He said they have received an extension on the original grant for the program, which may result in the expansion of the program into a few additional counties. Ultimately, it’s hoped the program will go nationwide. Johnson said they will have a booth at the Cass County Fair in Atlantic, Thursday through Saturday, to answer any questions you may have with regard to the EMS levy that will be on the ballot for the November General Election.

In other business, the Atlantic City Council passed the second reading of an ordinance pertaining to the rezoning of the Camblin Hills Subdivision in Atlantic, from R-2 (Low Density/Single-Family residential) to R-4 (Multifamily residential) housing.  They also approved a Change Order for the Sunnyside Park Splashpad Project, and a related Pay Application in the amount of $316,087.41 to the Henley Group, LLC.

Atlantic Area Chamber of Commerce Executive Director Bailey Smith and Police Chief Devin Hogue updated the Council on the RAGBRAI event that was held Monday and Tuesday, in Atlantic. Smith said it was a “I think it was a great day,” and the weather cooperated.

Atlantic Police Chief Hogue said he too had no complaints about how the event unfolded.

He said the most of riders were out of town by 9-a.m., Tuesday. He thanked the officers from around the county who came in to help with traffic control, safety and other duties.

There were only two arrests, Hogue said, and those persons were residents of the community.