Newton Independent

Newton city councilman to take new post in Marshalltown

Newton Independent

Today marks the last day on the job for Mike Hansen with the Newton Community School District, but tomorrow he begins a new job with the Marshalltown district.

Hansen, a three-term Newton City Council member, was pink-slipped by the Newton district as part of its reduction in force initiative.

The city councilman will take a position similar to the one he held with the Newton district in Marshalltown, although his new job has added management responsibilities.

Hansen said he has no plans to leave the community and will continue as a member of the Newton City Council.

Letter: An open letter to Doug Bishop

To the Newton Independent:

Doug,

I am sure you have read the recent article here concerning the dilemma facing Jasper County Democrats this summer. I am also sure you share some of the same concerns. I would bet that you are receiving quite a bit of input on this daily. Well, let me add to it.

The ripple effect of the unfortunate passing of Rep. Paul Bell will disrupt many calendars. Future plans for many will be juggled. The uncertainty in today's political arena makes each open seat vital. While some see several possibilities, most are seeing only one. Doug, that one is you, my friend. Please embrace this opportunity.

Doug, I know you have served and served well. You have stepped up time after time. Whether as an area rep with the Union, mayor of Baxter or Jasper County Treasurer, you have served the people well. I hope people realize that your entire family steps up and serves each time you do. The Bishop family has served and served well also! Your family deserves the area's gratitude for sacrifices made throughout the years.

Doug, I have a feeling you've heard from state Democratic party leaders and other well entrenched party insiders. I also believe you listen when they call and weigh what they say carefully. But I know you also will give even more weight to what your friends, neighbors and constituents say as they get messages to you. I urge them all to speak out here.

The call to serve often goes to those who have heard it before. Doug, the phone is ringing.

Don Larkin
Newton

Keeping in Touch: New legislation effective July 1

By SEN. DENNIS BLACK
Democrat, Lynnville

Thankfully, the short 80-day session was spent primarily on issues pertaining to the state budget. The massive state shortfall in revenue, brought on by the global economic crash, and exacerbated by the state having to match FEMA monies for approximately $3 billion in flood damages across the state, resulted in massive across-the-board cuts. Thus, very little policy work was sought, and the budget was our priority.

Those policy issues that were passed by both Houses and signed by the governor were few. Following is the list, and frankly, I voted against a couple.

Support for Small Businesses - Focuses state job creation on small Iowa businesses instead of large Wall Street companies by increasing the Research Activities Credit available for small businesses (Senate File 2380).

Domestic Abuse - Forfeiture of guns. If a person is convicted of domestic abuse or is the subject of a permanent protective order, the person will lose the ability to own guns (Senate File 2357).

Text Ban - Drivers under the age of 18 years cannot use an electronic device while driving, unless it is installed in the vehicle or operated through permanently installed equipment. Drivers over 18 cannot use a hand-held communication device to read, write or send a text message, but can use the device to make a phone cal. The penalty for all ages is a $30 fine, with harsher penalties if in an accident with serious injury or death. Warning citations begin on July 1, 2010, and fines begin on July 1, 2011 (House File 2456).

Seat Belts - Requires all persons under the age of 18 years to use either a safety seat or seat belt unless all seat belts are already being used. If a person age 14 years or older is not using a seat belt, they will get the ticket, not the driver of the vehicle (Senate File 2381).

Military Spouse Benefits - Allows unemployment benefits for an individual who left employment because of the relocation of the individual's spouse due to a military assignment in another area (House File 2110).

Grain Weight Limit for Farmers - Allows commercial motor vehicles, other than special trucks, on non-interstate highways, to haul up to 90,000 pounds on six axles and 96,000 pounds on seven axles. Currently allowed for livestock or construction vehicles, this allows farmers to haul heavier grain on trucks with more axles (House File 2512).

Health Insurance and Cancer Trials - Insurers say they pay for routine care for cancer patients in clinical trials, but many patients are reluctant to participate fearing they will lose their health insurance. This bill makes it easier for patients to participate in these trials be assuring them that routine care will continue to be covered (House File 2075).

Mental Health Hospitalization Notification (Ed Thomas Bill) - Assures that law enforcement are notified when individuals hospitalized for a serious mental impairment are released from care if there is an arrest warrant or pending charges against the individual (Senate File 2352).

Smart Growth and Comprehensive Planning - Establishes a set of 10 comprehensive planning principles that state and local governments should use in preparing for future growth. These principles are guides and not mandates (Senate File 2389).

Right to Carry - Provides that there be continuity across the state in the issuing of gun permits to citizens, with said permits being issued by the Sheriff of each county. Note: This legislation does not take effect until Jan. 1, 2011, in order for the Sheriffs to prepare for the new internal procedures.

There were other bills that made it into law, but the above appear to be the most notable.

Announcement: Governor Culver will unveil the recently found rare copy of the Declaration of Independence on Thursday morning, July 1, at the State Historical Museum west of the capitol. I will be giving the keynote address on the history of the document. Chairs will be available, so bring a lunch and view this marvelous find. The program starts at 11:30 a.m. Following the unveiling, I will be having a book signing of my book, "Profiles of Valor." All proceeds from the sale of the book have been donated to the State Historical Society of Iowa for Civil War research and the preservation of Civil War muster records.

Questions or comments: dblack@blackforsenate.com or call 515-975-8608.

Reporter's Notebook: Here's to hope

By PETER HUSSMANN

Sorry I missed yesterday, but just got back from a class reunion that I love going to but wish I didn't have to attend.

Sounds odd, I know. I love the reunion. See people I haven't seen for the past year, from around the country and outside. We catch up on the latest happenings, hear people's ups and downs and let our hair down because we know not everyone can (or wants to) be members of this class.

No, it's not the high school or college class of '77, '92 or '05. It's really nothing like that. It's the "class" that meets each year in hope we never need to meet again.

The thousands of regular readers of this site already know of my son Zane's A-T, ataxia-telangiectasia (ay-TACK-see-uh-teh-LAN-jick-TAY-sha), and how I've talked about how it's one of those "orphan" diseases that doesn't grab the headlines. But there are people trying in many, many ways.

And one such group is the The Shjon Podein Children's Foundation and his Team 25. For the past five or six years we've been invited to Rochester, Minn., each summer to attend Shjon's annual celebrity party. About a dozen A-T kids from around the country, including another young man from Iowa, are treated like royalty as they mix with professional athletes (Shjon won a Stanley Cup playing for Colorado), musicians and actors during a huge fund-raiser and golf outing.

The money raised helps the foundation fund a number of activities benefitting children, a significant portion of which goes to help A-T research.

Shjon, a native of Rochester, became involved with A-T after hooking up with a brother and sister in Rochester with A-T, Jessica and Brian Christiansen. I never had the opportunity to meet Jessica, though Brian was the life of the celebrity party for the early years of our family's attendance. He really knew how to work a room. Sadly, he died last year.

Team 25 was saddened again this year with the loss of member Nick "Nikki Nacho" Le Grand, a good friend of the other Iowan who attends the event, Joel Harvey from Dubuque. He was honored during a special ceremony with the Marine Honor Guard Sunday night.

And the Team got a scare when another of its members, LaShalle Bak of Billings, Mont., was rushed to the emergency room early Monday morning and admitted to the intensive care unit at St. Mary's Hospital. LaShalle is the first cousin of Zane and they are the only known first-cousins with A-T. Thankfully, on Tuesday she was transferred out of the ICU and hopefully will be released from the hospital today or tomorrow.

What really amazes me about the event is the support those attending show the kids, as well as the generousity they show through their wallets to help fund A-T research. Garth Brooks donated a couple of front-row seats to his sold out shows in Vegas, as well as first-class air fare and two nights at the Wynn. Brad Paisley autographed a guitar and stars of the hockey world more than make their presence through their attendance and donations. Word had it that this year's event was one of the biggest fund-raisers ever. (And I can see how after I saw a hockey player from Sweden, who flew over on his own dime, pay $1,200 for a case of beer. I never had a $50 beer before.)

But as I said, it's one reunion I wish I didn't have to attend. Here's to hope for a cure.

Newton school district resists motion to tour buildings in Emerson Hough appeal

By PETER HUSSMANN

Attorney's for the Newton Community School District are resisting a move by those appealing the closure of Emerson Hough to have the administrative law judge hearing the case tour the buildings on the first day of school next fall.

In a motion filed last week against the request by school closure appellant Jennifer Mouchka, the school argues that a "district's decision to close a schol clearly entails discretion and the proper nature of the Department's review of the District's decision in this case is for abuse of discretion."

The school district's motion goes on to note that the judge "may only look to whether a reasonable person could have found sufficient evidence to come to the same conclusion as reached by the district" and that viewing the buildings so that the state department of education might "substitute its own judgment for that of the district" is not allowed.

Lawyers for the school district also note that they plan to file a motion for summary judgment that will contain "ample evidence upon which the Administrative Law Judge may base her decision in this case, such that an in-person viewing of the school buildings by the Administrative Law Judge may not be warranted in this case." 

School board to discuss Emerson Hough usage

Newton Independent

The Newton Community School District Board of Education will discuss future usage of Emerson Hough Elementary School when it meets in a work session at 6 p.m. tonight.

The meeting will be held in the multi-purpose room at the Newton High School, a change from its previously scheduled location of the administration annex meeting room.

With Emerson Hough's closure as an elementary school attendance center this fall, the district is considering other uses for the building, including locating its new preschool program in the north section of the building.

The regularly scheduled board meeting will begin at 7 p.m.

Agenda items include discussion on student crossings, the district's prioritizing process, elementary school transition, the Cardinal mascot issue and second reading of a new policy concerning student eligibility for bus service.

Free prescription discount cards available

Newton Independent

United Way of Jasper County is teaming up with Family Wize to provide all residents of the county an opportunity to save money on their prescription drug costs.

"No one should be forced to choose between paying for food, rent or medicine because of the high cost of prescriptions," said Meagan Crawford, executive director of United Way of Jasper County. "That's why we've partnered with Family Wize to distribute the free prescription discount cards to everyone in Jasper County."

Family Wize cards immediately lower the cost of medicine by an average of 30 percent or more for people without insurance or who take medications not covered by their insurance plan. By presenting the card at their local pharmacy, customers save on the cost of their prescription medicine 80 percent of the time.

"So many people are struggling with the high cost of medicine and need help right now," said Dan Barnes, co-chair of the Family Wize Community Service Partnership. "We knew we couldn't wait years for healthcare reform to be implemented. The Family Wize card provides immediate savings on prescription medicines, with no paperwork or forms to fill out."

The Family Wize cards are accepted at Hy-Vee, Medicap, Walgreens, Wal-Mart and Weirick and Patterson in Colfax. The cards can be picked up at Hy-Vee, Weirick and Patterson, local health and human service agencies and at the United Way office at 403 W. 4th St. S. They also can be printed off from the on-line site at www.FamilyWize.org

"The United Way of Jasper County proudly joins more than 900 United Ways in all 50 states who have already saved more than $100 million on prescriptions in their communities and distributed more than 15 million cards nationwide," Crawford said. "Jasper County residents now have the opportunity to benefit from these savings as well."

DM Register columnist weighs in on Emerson Hough closure

Newton Independent

For those of you who may have missed it, a retired Des Moines Register editor and Newton native, Richard Doak, commented on the closure of Emerson Hough Elementary School in Sunday's editorial pages.

Doak, whose daughter Amy Prime taught second grade at Emerson Hough until its closure at the end of the school year, attended the school in the 1950s and laments the loss of such schools across the state.

And Doak, who notes that the closure is under appeal to the state Department of Education, even touches on maybe one of the reasons the local school board decided to close the building; its location in a blue collar section of the community.

"The board kept open a school in a more affluent neighborhood even though its facilities are not as good as Emerson Hough's," he wrote.

You can read the article here.

Local boys donate to Skiff pediatric patients

Newton Independent

A trio of local youngsters made their birthdays a special event for kids at Skiff Medical Center.

Clay Trotter and Logan and Luke Zaabel hosted a birthday party attended by more than 30 friends. The guests were asked, instead of bringing a gift for the boys, to bring DVDs in new or good condition. The DVDS were then donated to Skiff hospital so that pediatric patients could enjoy the entertainment during their stay at the hospital.

The boys presented the DVDs to Skiff CEO Steve Long, who then treated them to ice cream.

"We appreciated this opportunity to teach our children about good citizenship," said Pam Zaabel, the mother of two of the boys. "The boys have enjoyed this experience."

Other children who attended the party included: Austin Kennedy, Bauston VanSickle, Brennen Dodd, Brock Jordan, Cael Kellogg, Caity Antle, Chaison Loupee, Dalton Altemeier, Daniel Townsend, Gage Bakalar, Gage Linahon, Jace Dunsbergen, Jarrett Antle, Joe Stammeyer, Julian Hotchkin, Keith Steinbach, Lane Rose, Logan Heisdorffer, Madison Noe, Michael Kruse, Nathan Tremel, Noah Hammer, Paul Maharry, Peyton Patterson, Reagan Maple, Ryan Barr, Taryn Lovan, Tate Osborn and Tyler Stanton.

 

 

Reporter's Notebook: Way to go Zane!

 
By PETER HUSSMANN

As a long-time journalist, I've had the opportunity to interview hundreds and hundreds of individuals from all walks of life - from future presidents to future journalists. And while I have met individuals who've had had their photos gracing boxes of Wheaties, I can say I've never known such an individual personally.

On Saturday, through the graciousness of the A-T Children's Project, Hunter Kemper (an Olympic triathlete) and his wife, Val, and the Hy-Vee Triathlon, that all changed. A commemorative box of Wheaties, sporting a photo of my son, Zane, was delivered to our door by an Altoona family whose two children have A-T - one of whom was pushed and pulled by super athlete Tim Borland, who ran 63 marathons in 63 days to raise awareness and funds on behalf of A-T, (which is documented in the film "Feat,") during the Hy-Vee Triathlon a couple weeks back.

Way to go Zane!

Biker Day in Baxter one of many coming events

Newton Independent

The 1st Annual Central Iowa Biker Day, sponsored by Thunder Roads Magazine Iowa/Minnesota, will run beginning at 10 a.m. Saturday in Baxter.

The day-long events include a bike show, burn-out pit contest, biker babe contest, live bands and karaoke and foods galore including Blue Moon BBQ and a fish fry.

The event is one of many going on over the weekend and heading into the Fourth of July holiday.

The Greater Newton Area Chamber of Commerce's Friday Forecast lists a host of other area events, including fights at the VFW tonight and lawn mower racing in Reasnor on Sunday. You can read it below.

Download What's Up This Weekend

Former Knoxville doctor barred from practicing obstetrics, fined $10,000

By PETER HUSSMANN

A former Knoxville family physician, who now can only practice medicine within the state's prison system, was fined $10,000, issued a public reprimand and barred from practicing obstetrics following action taken by the Iowa Board of Medicine.

Dr. Tobin E. Jacks, 53, who now lives in Coralville, was sanctioned for his actions in the delivery of a baby at Knoxville in February 2005.

Under the terms of the June 11 combined Statement of Charges and Settlement Agreement, the Iowa Board of Medicine charged Dr. Jacks with failing to appropriately monitor a mother's diabetes during pregnancy, failing to perform an appropriate assessment of the mother and child prior to delivery, failing to order a Caesarian Section due to the child's high birth weight, choosing a forceful vaginal delivery using a vacuum extraction even though he did not have appropriate training and improperly utilizing forceps during the delivery.

Dr. Jacks has a long history with the Iowa Board of Medicine, the release on the Board's action indicates.

In 1987 he was charged by the Board with substance abuse and placed on five years probation subject to counseling and monitoring. In 1995, the Board again charged Dr. Jacks with substance abuse and again he was placed on five years probation subject to monitoring.

In 2004, he was charged with diverting drugs for his own use on numerous occasions. He was fined $2,000 and ordered to complete a course for prescribing controlled substances. In 2006 he was charge with violating the terms of his Physician Health Contract after he diverted drugs intended for his patients for his own use and utilized the urine from a patient and family member to avoid detection of his drug use. As a result, in 2007 the Board suspended his license to practice medicine for six months, prohibited him from prescribing, administrating or dispensing controlled substances and fined him $5,000.

In 2008, the Board reinstated Dr. Jacks' license and placed him on indefinite probation subject to counseling and monitoring for substance abuse. He was also prohibited from prescribing, administering or dispensing controlled substances and allowed only to practice medicine within the Iowa Department of Corrections.

Sen. Black finds rare copy of Declaration of Independence; will go on display over 4th of July

Newton Independent

Sen. Dennis Black, D-Lynnville, has located a rare, original copy of the Declaration of Independence at the State of Iowa Historical Building while researching a central Iowa family's Civil War roots.

The document is an original 1843 print from the historic W.J. Stone copperplate, which is now on display in the National Archives in Washington, D.C.

"This print is an absolute treasure and is owned by the citizens of Iowa," Black said. "It will now receive the special treatment it deserves and be put on public display for special occasions."

Black said the print was given to the State of Iowa by the Rev. Mary Thornton Davenport. Though uncertain when the Thornton's moved to Iowa, the family lived on the border between Jasper and Polk counties, northwest of Vandalia. She was the granddaughter of Samuel E. Thornton, a Civil War soldier of the Iowa 39th Infantry, and a relative of Matthew Thornton, the last signer of the Declaration of Independence and a delegate to the Continental Congress from New Hampshire.

"This print is the strongest link our state has to the founding of our nation," Black said.

The long-time Japser County lawmaker is currently writing a book, entitled A Kiss for Mary, from stories contained in a collection of original Civil War letters between Samuel E. Thornton and his wife, Mary. Along with the owner of the letters, Black discovered in the letter box a 1947 receipt issued to the Rev. Mary Thornton Davenport for her donation of the Declaration of Independence print to the state museum. That receipt, containing many clues, led Black and the letters owner to the State Historical Building, where they discovered the document in the State Historical Society of Iowa's Archives/Special Collection.

The highly-valued document, printed on rice paper, has now been matted and encased in an inert environment to further its protection.

"Plans are being made for this copy of the Declaration of Independence to be unveiled by Gov. Culver, and placed on public display for this year's Independence Day's celebrations at the State Historical Building in Des Moines," said Cyndi Peterson, director of the Iowa Department of Cultural Affairs. "Senator Black will provide those in attendance with a brief history of the manuscript."

"This is a remarkable and inspirational document that has a true Iowa pedigree," Black said. "Viewing it should inspire us all to contemplate the beginnings of this great nation, and cause us to strive to return to the democracy our Founding Fathers envisioned."

Skiff to relocate Sports Rehab & Physical Therapy Clinic

Newton Independent

Skiff Medical Center will close its First Avenue East sports rehabilitation and physical therapy clinic and move it to the lower level of the Ross Medical Arts Building by early August, the city-owned hospital said in a press release Thursday.

The clinic was opened in March 2007 after Skiff purchased the former Hansen Directory building at 1730 1st Ave. E. The clinic is being moved to take advantage of available space in the Ross medical building and provide efficiencies and cost savings to the hospital.

The clinic will maintain its status as an office-based practice, intended for patients with commercial health insurance plans. Medicare and Medicaid beneficiaries will continue to utilize Skiff's outpatient rehabilitation services, also located in the lower level of the Ross Medical Arts Building.

"The excellence we provide will be consistent in both locations, with high-quality people, equipment and services," said Matt Scotton, director of Physical Medicine and Rehabilitation at Skiff. "We are providing separate settings, both convenient and in close proximity to each other, to ensure we offer our patients financial advantages tailored to their circumstances.

"Health-care reimbursement is in a state of transition," he continued, "and we need to take advantages of opportunities to create efficiencies."

Brett Altman, clinical operations officer, said the move will help pare costs.

"Most expenses come in the form of labor costs," he said. "We can improve in that area by sharing staff and space in the Ross Medical Arts Building."

Skiff's Physical Medicine and Rehabilitation department offers physical therapy, occupational therapy, speech therapy, massage therapy, sports medicine and audiology. Skiff employs 12 physical therapists with doctorate or master's degrees, one physical therapist assistant and several board-certified specialists.

Plans for the building have not been finalized but hospital officials said they will most likely consider selling the property and investing the the proceeds in capital equipment needs.

Companies looking at wind farm projects in Jasper County

By PETER HUSSMANN

A southern California-based company has been entering into wind farm lease agreements with northern Jasper County and southern Marshall County rural property owners, recent land record filings indicate, while an Iowa-based company has been entering wind farm option agreements with property owners in the same area.

Rancho Bernardo-based enXco Development Corporation has entered into about two dozen lease agreements with property owners, mostly in Marshall County, that grants it rights for wind energy development on the subject properties. The terms of the agreements run for 37 years, the land filings indicate, but do not stipulate the lease payments to be made.

The renewable energy company was started in 1987 and since 2002 has been an affiliate of EDF Energies Nouvelles of France. It is currently working on a 134 wind turbines project in Lakefield, Minn., as well as solar projects in New Jersey and Ontario, Canada.

enXco previously worked with Wisconsin Public Service to construct the 66 wind turbine, 99 megawatt Crane Creek Wind Project near Riceville, Iowa in Howard County. The project went on line in December 2009.

Inquires to company media contacts have yet been returned but additional information will be posted as it becomes available. The company's web site can be viewed here.

Another wind farm company has entered into options agreements with about 30 land owners in the same area.

Laurel Wind Energy is planning to build a 121 megawatt project on 11,000 acres of farmland in Malaka and Mariposa Townships in Jasper County and Jefferson and Logan Townships in Marshall County west of Laurel, one of eight projects the parent company has in the development stage across Iowa. It hopes to break ground on the Laurel Wind Farm by November with completion in September 2011.

Laurel is part of RPMA Wind Development, LLC, a development holding company for three regional subsidiaries and several project specific subsidiaries. The principal of the company is Stephen Dryden. Equity investors are Renewable Power Markets Access, Inc., owned by Stephen and Patricia Dryden; Oxygen Partners, owned by Felix Friedman; Quixote Enterprises, owned by Terry Monson; and Terremolinos, owned by Phil Theisen.

The term of the options runs through Dec. 31, 2013 with an option to extend the agreement on a year-to-year basis through the end of 2016.

The company has completed three wind farms projects in the northern part of the state: the Top of Iowa Wind Farm near Joice in Worth County, the Winnebago Wind Farm near Thompson in Winnebago County and the Barton Wind Farm near Kensett in Worth County.

You can find more information on RBMA Iowa Wind Development and its projects here.

Branstad names Sen. Kim McReynolds his choice for L.G.

Newton Independent

Terry Branstad today named Sen. Kim McReynolds, a first-term lawmaker from Osceola and former long-time Clarke County Treasurer, as his choice for a running mate in the fall's election.

You can read the press release announcing Branstad's lieutenant governor choice here.

Keeping in Touch: First Avenue progress report

By SEN. DENNIS BLACK
Democrat, Lynnville

A very informative and successful meeting was held at the capitol on Wednesday morning with Tony Gustafson, assistant district engineer for the Iowa Department of Transportation District 1 Office; Keith Laube, Newton Public Works director; Sharon Tahtinen, of the governor's office; Senate transportation committee staff; and me. As promised nearly a month ago, my purpose was to bring together those involved in the eventual completion of First Avenue from Fourth Street West and on to 14th Street East. I wanted to review the plans and view the time-line of the project and report back to constituents.

In the meantime, the City of Newton, which has responsibility for surface maintenance of U.S. Highway 6 through the city, did an excellent job of filling the potholes and grouting the cracks. Naturally, this is only a temporary solution for the surface, but I'm impressed with the quality of the finished product. This temporary "fix" may last the summer and early winter, but it appears fairly certain the IDOT and Newton's Public Works Department will join in having the entire distance re-surfaced to conform with the current re-surfaced First Avenue from Highway 14 to Fourth Street West.

Some may not be award of the fact that DOT's responsibility is only with the traveled portion of Highway 6 through Newton. The city is responsible for storm sewer, intakes, curb and gutter, traffic signals and parking that exist beyond the traveled portions of the roadway. IDOT plans and specifications are beginning to be prepared for the project; and the city has but little yet to do to accomplish their design portion of the project.

A date for solicitation of bids will be set by IDOT, and the successful bidder will implement the entire project, inclusive of both city and state roadway and parking components.

In a communication from IDOT on Wednesday afternoon, I was informed that their management team has scheduled an internal meeting on July 15 in Ames for a review of the department's five-year transportation program. This is the first step in the process to possibly add the project to the current DOT five-year transportation program which will be considered by the DOT Commission in the fall of 2010. Mr. Gustafson stated that the U.S. Highway 6 project in Newton will be discussed.

However, for the present, IDOT District 1 engineers will continue with their activities in anticipation of meeting a late winter bid letting (February or March 2011), with the intention of construction in 2011. The contract time requirements can be set up to not allow the contractor to work during busy downtown activities.

I departed the joint meeting with full confidence in the IDOT and Newton's Public Works Department as having developed a legitimate plan, and a timetable (weather permitting) that would prove highly beneficial to the traveling public and inner city commuters. I have no doubt that IDOT is fully aware of Newton's need for a top quality corridor through the city, not only for conventional transportation needs of the citizens to work and obtaining goods and services, but also in showcasing the community in our objective of being a great place to live, work, raise a family, and provide for the needs of yet unknown small business, industry and tourism.

It will come. Frankly, a year from now, I would anticipate the project possibly being completed.

Questions or comments? E-mail dblack@black4senate.com or call me at 515-975-8608.

UAW ordered to represent Maytag retirees in class action lawsuit over medical benefits

By PETER HUSSMANN

After nearly two years of legal wrangling, a federal judge this week defined the class members included in Whirlpool's lawsuit against former Maytag workers who had their retiree medical benefits changed, ordered that the UAW and its lawyers act as class counsel for the retirees and defined the issues before the court moving forward.

Judge James Gritzner on Tuesday filed a 30-page order that grants Whirlpool's request for certification of class as the United Auto Workers union, its Newton Local 997 and all persons who:

• are or were employee participants, dependents or participants, or spouses of participants in the Maytag employee benefit plans that provided for retiree medical benefits;
• who worked at the Newton, Iowa, plants and as to whom the Union had been the participants' collective bargaining representative at the time of and prior to their retirement from Maytag and/or Whirlpool;
• who retired from Maytag and/or Whirlpool before July 31, 2008, or, in the case of dependents or surviving spouses, who received benefits by virtue of retirees from Maytag and/or Whirlpool on or before July 31, 2008, and;
• who are living and thus affected by (Whirlpool's) modification to retiree medical benefits.

The class identified in the order consists of approximately 3,314 people living in 25 states and Puerto Rico, though about 94 percent live in Iowa.

Judge Gritzner also ordered that the UAW and its lawyers, Robert Seltzer and Mark Hedberg, act as class representative for the Maytag retirees in the action brought by Whirlpool in July 2008. He rejected the Union's arguments against representation of the class based on lack of consent from retirees and potential conflicts of interest with retirees over past contract negotiation practices.

Finally, the judge defined the issues to be determined in the class action lawsuit:

• whether the retiree medical benefits schedule provided for in the July 5, 2004, collective bargaining agreement entered into by the Company and the Union expired on July 31, 2008;
• whether the Company has the unilateral right to enroll class members in the Whirlpool Corporation Group Benefit Plan, and;
• whether the Company is entitled to costs and attorney's fees.

The class action lawsuit is currently scheduled for trial in federal court in Des Moines beginning Dec. 6.

You can read the order below.

Download Maytag Class Action Order

Tax sale nets $428,000 for local government coffers

By PETER HUSSMANN

Monday's Jasper County tax sale netted a total of $428,689.61 that now will be distributed to local governments across the county.

Jasper County Treasurer Doug Bishop said a total of 277 parcels were purchased at Monday's sale at the DMACC campus. A total of 356 parcels were offered for sale.

The 79 parcels that went unsold, mainly mobile homes, have a total of $11,059 in outstanding delinquent taxes.

A week before the sale, Bishop said there were a total of 616 parcels that had outstanding taxes totaling more than $667,000 that were scheduled for sale. Property owners had until last Friday to pay the outstanding taxes to avoid placement of the property in the tax sale.

County tax sales are held on the third Monday in June each year in counties across Iowa. The sales enable counties to collect unpaid taxes by investors willing to put up the cash in return for a solid rate of return, 2 percent per month or 24 percent a year. The money collected at the tax sale is subsequently distributed to the taxing jurisdictions in which the parcels sit - local school districts, cities and the county.

Iowa's tax sales draw interest from investors around the country. The lure is the high rate of return on what's typically considered a safe investment. A property owner will usually make their delinquent tax payment, with the money - including the 2 percent penalty compounded monthly - going to the holder of tax sale certificate.

And should a property owner continue to remain derelict in their property tax paying responsibilities for a period of two years, the certificate holder who has continued to make the tax payments can take action that leads them to becoming the owner of the property.

Reporter's Notebook: Who will the Democrats pick?

By PETER HUSSMANN

Local Democrats find themselves in a situation they haven't faced in decades - finding a candidate able to keep House District 41 on the Democratic side of the aisle.

The situation arises, sadly, due to the passing of Rep. Paul Bell, the former Newton cop who held the seat for 18 years after it was handed to him when former state lawmaker Glen Jesse made an ill-advised run for Congress. Bell's strength locally made him a shoe-in election-after-election.

His death, however, is likely making the state Democratic Party leadership a little nervous about holding the seat this fall, especially with the current voter mood.

So, later this summer Jasper County Democrats will need to convene to pick a replacement to run for Bell's House seat. So who will it be?

The top of everybody's list is Jasper County Treasurer Doug Bishop. His previous work with the UAW while at Maytag and his long involvement in the local and state party - as well as such little intangible things like organizing an Honor Flight to take Jasper County war veterans to view the memorials in Washington, D.C. - make Democratic party leader's drool.

The only problem is that the arm twisting going on behind the scenes isn't going to budge him (at least for now) from staying right where he's at - comfortable in his county elected position.

"I'm very honored that people have asked me to seek the seat, but I'm at a very good point in my life right now," Bishop said. "I have great staff here at the Treasurer's Office and am able to enjoy time with my family. I'll leave that opportunity for the future."

OK, so who else might be out there? Ah, how about the Newton mayor? Like Bell, Chaz Allen would be able to hold the seat for years and years. And he's soon going to be out of a job. Perfect.

Nope. Not going to happen. Let's just say he does better work from the outside in.

Who else? I mentioned Mr. Jesse earlier - an experienced state lawmaker and former county supervisor. Only problem is he lives outside District 41. Scratch him off the list.

How about one of the Gannons from up near Mingo - strong party activists for years? Nope. Maybe Rick Tiedje, the Jasper County Supervisor stepping down after one term? Nope. Joe Brock? Nope. John Parsons? Nope.

One person who I think would be a good candidate and would represent the county well would be Nancy Parrott. She's been with the party since forever, runs unopposed for County Recorder every four years and is in a position where the paltry legislative salary that turns so many off would not be a factor. I'm told, however, that she's not interested.

So, unless somebody else comes out of the woodwork, it appears that the local party's current chairman, Dan Kelley, will be selected to run for the open seat this fall. He's the only one who has expressed interest, is fairly well known due to all his volunteer work with a variety of organizations in the community and has been active with the local and state party for a number of years.

Should that outcome materialize prior to the Aug. 13 deadline for party's to set their tickets, what will be interesting to see is how the local Republican Party reacts. Will they keep Gabriel Swersie or put up someone a little better known in the county in an attempt to take a seat that has been comfortably in Democratic control for decades?