Newton Independent

Police ID man found dead this morning

Newton Independent

Newton police have now released the name of the individual found dead this morning in the 1700 block of First Avenue East.

Daryl Gene Terlouw, 61, of Newton was found dead after police and fire personnel were called at 7:40 a.m. in response to a report of an "unresponsive male on the ground."

Initial findings show no signs of foul play. Information provided to law enforcement indicate Mr. Terlouw had pre-existing medical issues.

'Older male' died of natural causes, police say

Newton Independent

Newton Police Department officials said today that the death of an "older male" found dead near the Hallmark store this morning was the result of natural causes and does not involve foul play.

No further information was available at this time.

DHS director responds to county complaints over mental health and disability services redesign

By PETER HUSSMANN

The head of the state agency tasked with assisting with the redesign of the system for adult disability services said he understands the concerns voiced by county officials as the final redesign form remains in flux but feels the final outcome will position Iowa as a leader in the delivery of mental health and disability services.

On Tuesday, Chuck Palmer, head of the Iowa Department of Human Services, issued a statement in response to a resolution recently passed by county supervisors across Iowa that said they had little faith in the state's ability to adequately redesign the mental health and disability services delivery system.

During the legislative session earlier this year, state lawmakers approved a measure to begin work on redesigning the current delivery system. The legislation called for the establishment of a legislative interim committee, as well as work groups to make recommendations pertaining to specific aspects of system. Recommendations concerning the proposals developed by the work groups are to be addressed this coming legislative session with full implementation of the redesigned system set to go into effect on July 1, 2013.

In passing the resolution at its affiliates' meeting at the fall Iowa State Association of Counties fall meeting earlier this month, the supervisors called for the retention of local control of service delivery. Supervisors were also opposed to a regionalized adminstrative structure and leery that the state would follow through on promises to fully fund the system. They also called for repealing legislation signed into law that eliminates a county's ability to levy to fund delivery services even though state mandates to continue to provide those services remain.

Palmer said the redesign will allow the state to replace the current "piecemeal" mental health system with one that provides consistent services statewide.

"County officials provided valuable insight and guidance over the past many months as we moved forward with reform of our state's current piecemeal mental health system," he said. "The resulting legislation was, in my view, the standout achievement of the Legislature last spring. It positioned Iowa to become a leader in providing consistent and quality mental health and disability services.

"Repealing that legislation would be a disappointing step backwards."

Palmer said the preliminary recommendations "hammered together" by the work groups included significant input from county officials. County officials' concerns over the proposed administrative structure, however, should not be a sticking point in the overall reform goal.

"I can understaqnd why some county officials oppose the proposed regional administrative structure, but the reform proposal is far too important to set aside because of this one difference," he said.

The common goal, the director said, should be to provide the best services possible those using the mental health and disability services system.

"As I said before, momentum is building for change," Palmer said. "All stakeholders have a common goal - to improve service - and it's my belief that more and more county officials will come on board in the months to come."

Final public input meeting on Newton's future set Thursday

Newton Independent

The third opportunity for citizen input on the future direction of the Newton community will be held at 5 p.m. Thursday at the Newton Arboretum, 3000 N. 4th Ave. E.

Residents are being asked to participate in the City of Newton's planning process to create a new Comprehensive Plan, which serves as a guide for Newton's future. The city is seeking ideas and opinions from residents to help guide the direction of the community the next decade and beyond.

A Comprehensive Plan covers topics such as economic development, housing, land use, education and natural resources. It is a city's official document that sets the path for decisions, strategies and growth to help move a community forward.

Thursday's meeting will be similar in format to the previous two meeting held earlier this month where residents will be encouraged to provide input on the topic areas of their specific interest. All residents are invited to attend.

Citizens may follow the planning process at the project web site - www.newtonsfuture.com - and like "Newton's Future: A Comprehensive Planning Process" on Facebook for frequent update notifications.

For more information, contact Newton Development Planner Erin Chambers at 641-792-6622, extension 25.

Letter: Clean water will become world-wide issue

To the Newton Independent:

I am always amazed at the stupidness of the national news media. To wit: They report that several hundred million people rushed out to spend what little money they have on Black Friday and Black Saturday and Black Monday to buy a bunch of cheap Chinese junk and that somehow means that the economy is improving?

And it mystifies me that the birth of Jesus Christ was supposed to bring light into our lost-in-the-dark world and we start the month of the celebration of his birth with black days.

But not to worry folks, Newt is back and another coach is accused of molesting children and the news people are all over those stories.

One of the most important stories with world-wide implications was printed on the inside of the front page in that big paper in Des Moines recently. It had to do with a poor African nation and clean drinking water.

Now, here is a news flash for you: In a few years water will threaten a huge part of the world forcing large populations back into already crowded land and wars will be fought over clean water and the disease that will come from those countries where people drink bad water can and will cause world-wide epidemics. Even in those countries that do have clear drinking water, humans travel and germs ride along with them.

Olen W. Lambert
Newton

Noon Kiwanis students of the month named

Kayla Vanderlaan and Carter McDermott were the Newton Noon Kiwanis students of the month for October. A children's book will be donated to a local preschool in their honor. Kayla Vanderlaan, left, is presented the book by Kiwanis President Carol Jones.

- Newton Independent

Police investigating report of discovered body

Newton Independent

The Newton Police Department this morning is investigating the death of an individual found behind the Hallmark store on the east side of town.

No further details are available at this time.

Larry Lust to be inducted into IHSAA Basketball Hall of Fame

Newton Independent

Two-time all-state Newton Cardinal basketball player Larry Lust will be inducted into the Iowa High School Athletic Association's Basketball Hall of Fame as a member of this winter's class.

Lust was an offensive and defensive star on Newton's 1963 and 1964 state championship teams. He went on to play college basketball at SCI, now the University of Northern Iowa.

The induction ceremony will take place during this winter's high school basketball tournament.

Lust joins former Newton basketball players Burton O'Connor (Class of 1926) and Chuck Jarnigan (Class of 1950) in the state's Basketball Hall of Fame.

Jasper County's famous white deer killed on I-80

Photo Special to the Newton Independent

Newton Independent

One of Jasper County's most recognized residents has died.

The white deer often seen near Interstate 80 at the Baxter exit was hit and killed by a vehicle on Monday night. The white doe caused motorists to report seeing the deer to State Conservation Officer Kirby Bragg.

"I received hundreds of calls over the years about that deer," Bragg said.

Bragg said the doe had a pair of brown fawns last spring and was often seen in the company of another white deer that was hit by a vehicle in the same area a few years ago.

Deer that are predominantely white are protected in Iowa and cannot be hunted.

The photo above was provided to the Newton Independent by Dale Maki who has a friend who owns ground near the Baxter interchange and caught this picture of the white deer on his trail camera in late September.

Wrongful termination suit against Trinity Towers settled

Newton Independent

A former employee at Trinity Structural Towers in Newton has settled his wrongful termination lawsuit against the company.

Michael Williams of Colfax claimed in the suit that he was wrongfully dismissed from his position at the wind tower manufacturing plant in May after allegedly testing positive for marijuana. He contended that the drug test conducted by Trinity and his subsequent discharge violated Iowa's employee drug and alcohol testing statute.

In addition, Williams alleges Trinity violated state and federal wage laws by failing to pay him for time he worked in excess of 40 hours a week.

Lawyers for Trinity Structural Towers filed a motion in federal court asking that the pay issue counts be dismissed because the complaint did not "allege a plausible violation" of federal and state wage laws and provided "no factual allegations whatsoever."

Further, the company lawyers argued in seeking the lawsuit's dismissal, the complaints "concerning the Iowa drug testing law fail to sufficiently allege or otherwise place Trinity on notice as to the precise alleged violation (or violations) of Iowa's drug testing law that are issue in this lawsuit."

Magistrate Judge Thomas J. Shields directed the parties on Monday to file all closing documents with the court by Dec. 19.

No terms of the settlement were released within filed court documents.

Stoner pleads guilty to reduced charges of involuntary manslaughter in crash that caused deaths of two Newton teens

By PETER HUSSMANN

The Newton man charged following the St. Patrick's Day crash that claimed the lives of two teenage brothers plead guilty on Monday to reduced charges of involuntary manslaughter.

Joseph Dean Stoner, 19, entered the guilty pleas before District Court Judge Gregory Hulse after Jasper County Attorney Mike Jacobsen filed an amended and substituted trial information that contained the two Class D felony counts.

Judge Hulse set sentencing for Jan. 23, 2012.

Stoner was originally charged with two counts of vehicular homicide, Class B felonies, for allegedly causing the deaths of brothers David Edward Stattleman, 16, and Dakota Charles Stattleman, 14, following a single-vehicle crash reported at 4:40 a.m. in the 4600 block of South 36th Avenue West on March 17.

Stoner's attorney, John Billingsley, however, had filed motions asking that the vehicular homicide charges be dismissed because expert testimony he planned to introduce at the jury trial previously set to begin next week indicated Stoner was not likely driving the pickup truck at the time of the fatal crash.

A hearing on those motions had previously been set to be heard in Jasper County District Court on Wednesday.

The amended trial information containing the involuntary manslaughter counts alleges that Stoner "unlawfully and unintentionally" caused the death of the two Stattleman brothers "by the reckless commission of the crime of allowing an unauthorized person to operate his motor vehicle in a reckless manner."

A Class B felony carries a penalty of up to 25 years in prison. A Class D felony, to which Stoner plead guilty, carries a penalty of up to five years in prison, plus the potential for fines.

Judge Hulse ordered that a pre-sentence investigation report be commenced.

Newton Christian School wins $25,000 technology upgrade through Windstream Corp. community-service-based competition

Newton Independent

The Newton Christian School was notified today that it is one of eight schools across the nation selected to receive $25,000 to upgrade its computer systems through Windstream Corporation's School's Classroom Connection technology upgrade program.

Schools across the U.S. were asked to submit videos on their efforts to improve their communities through student-led service projects to be considered for the grant award. The Newton Christian School was the only school in Iowa, and one of 30 finalists across the nation, to be considered for the award for student efforts at assisting elderly and disabled residents of Newton with traditional fall chores.

After being named one of the finalist schools earlier this month, residents of the community were asked to vote on-line for the winning schools. The schools receiving the most votes were selected as winners. The video submitted by the Newton Christian School to those judging the competition can be viewed here. 

"Not only are we excited to receive updated technology, we are also pleased that our students were recognized for the way they extended themselves on the behalf of others in need," said Mary Patterson, dean of students at the Newton school.

Newton Christian School parents were excited to hear of the award.

"This is great news," said parent Jim Vesper. "The school is in need of technology upgrades and this will certainly go a long way to addressing this issue."

Students were also pleased that upgrades to the school's computer systems would now become possible through Windstream Corporation's Classroom Connections program.

"It's great that we won this money because our computers belong in a museum," said Duncan Lee, a student at the private Newton school.

An all-school assembly will be held in the near future during which Windstream representatives will be present to make the monetary award.

Lawyers for Maytag retirees lay out appeal arguments in medical benefits case

By PETER HUSSMANN

Lawyers representing the 3,000 Maytag plant retirees, surviving spouses and dependents of its former operation in Newton laid out the legal arguments they plan to employ in seeking to get a federal district court judge's ruling that said Whirlpool had the right to change their medical benefits overturned.

Late Wednesday, lawyers representing the UAW and UAW Local 997 in Newton filed a 72-page brief summarizing the arguments they plan to make to the Eighth Circuit Court of Appeals in seeking reversal of Judge James Gritzner's ruling in favor of Whirlpool in July.

In seeking 30 minutes of oral argument before the appeals court, Robert Seltzer, counsel for defedant-appellants UAW and UAW Local 997, contends the federal district court "wrongfully decided that a case or controversy existed between the company and the union at the commencement" of the lawsuit; and that Whirlpool "could unilaterally modify the retiree medical benefits because they were not vested."

"The Union will demonstrate that the trial evidence shows the opposite: first, that the company failed to establish that it had standing, and second, that the Newton retirees had contractually vested medical benefits that the company impermissilby modified," the filing first made public this morning states.

At the December 2010 bench trial in the federal district court in Des Moines, lawyers for the UAW and its Local 997 retirees argued that no case or controversy existed at the time between the company and the union at the time Whirlpool filed suit in July 2008.

Lawyers for the union contend the evidence presented at trial shows that the UAW only took an "adverse position" with respect to Whirlpool's request to bargain about retiree benefits and that there is no evidence that the UAW ever "took the position that Whirlpool could not modify the retiree benefit schedules."

"As the company never disclosed its plan to change retiree medical benefits to the union prior to the commencement of this lawsuit, and naturally the union could and did not object to a plan it knew nothing about, the company did not suffer an 'injury in fact' establishing standing and a case or controversy" for this action.

Lawyers for the former Maytag production workers also plan to argue to the Court of Appeals that the district court erred when it determined that the trial evidence failed to demonstrate that the company and the union had agreed to vest retiree medical benefits.

The union counsel plans to argue that point by noting that each collectively-bargained supplemental insurance agreement (SIA) from 1967 to 2004 contains language that "confers company-paid health care benefits on every employee who retires 'for himself and eligible dependents during his life.'"

"This language, combined with similar language in the SIAs covering surviving spouses and others, is evidence of an intent to vest retiree benefits," the brief states.

In addition, lawyers for the retirees argue Maytag provided medical benefits to retirees beyond the termination date of the SIA under which they retired, evidence they claim shows an intent to vest medical benefits, especially when combined with the "during his life" provisions of the supplemental agreements.

And, the lawyers note, Maytag's decision to continue to provide medical benefits to retirees while cutting off health insurance to active employees during the 2004 union strike again shows that the parties had agreed that retiree medical benefits were vested.

Attorneys for Whirlpool have until Jan. 6, 2012 to file their reply brief to the union's appeal arguments with the UAW's reply brief due to the appeals court by Jan. 20, 2012.

Pit Stop Liquors gets its liquor license

By PETER HUSSMANN

The Knoxville woman planning to open a drive-through liquor store at a former fast-food restaurant on First Avenue East in Newton was notified by state officials today that her license has been approved and that "effectively immediately" she may sell alcoholic beverages at the property.

Earlier this month, an administrative law judge reversed the Newton City Council's decision to deny Traci Newendorp's liquor license application due to council concerns about the propriety of a drive-through liquor store operation at the former A&W/Long John Silver's restaurant.

In a notification today, the Iowa Alcoholic Beverages Division notified Newendorp that the department received a letter from the City of Newton "stating they do not wish to appeal the proposed decision" of Nov. 15 that overturned the city council's previous decision.

"Pleased be advised that effective immediately, alcoholic beverages may be sold on the premises known as Pit Stop Liquors, located at 1324 1st Avenue E, Newton, Iowa," the letter to Newendorp today states.

Now here's something you don't hear every day

Newton Independent

Jasper County Auditor Dennis Parrott confirmed a little rumor picked up by the Newton Independent over the long holiday weekend that seems worthy of mention.

On Friday, before the traditional Jasper County Courthouse lighting ceremony, residents were invited to an open house to celebrate the centennial of the iconic downtown Newton structure.

Tours of the building, refreshments and celebration gifts were provided to all who attended.

Cost to the county?

Zip. Nil. Nada.

Why?

Because Jasper County Supervisors Denny Stevenson and Joe Brock agreed to donate $2,000 and $1,000, respectively, to cover the costs of the events.

Auditor Parrott said today the two supervisors' donations of their own cash will be more than enough to cover the cost of the centennial celebration.

Skiff to hold commercial auditions Wednesday

Newton Independent

Skiff Medical Center is holding auditions for a chance to appear in new television commercials showcasing the Newton hospital's brand-new, state-of-the-art Philips Imaging Center on Wednesday.

Skiff is seeking local people to fill the following roles:

• 8 men and women, various ages.
• 11 children (ages 5 to 12).

All of the adult roles and most of the children's roles will have one spoken line of three to 12 words. Involvement is voluntary and actors will not receive compensation.

Auditions will be held from 2 to 4 p.m. Wednesday in the Skiff Medical Center board room located just inside the south entrance to the hospital. No advance preparation is needed.

Individuals selected for the commercial must be available to attend the filming session on Wednesday, Dec. 7, from 2 to 4 p.m. Child performers must arrive as soon as possible after school dismisses that day.

For more information, contact Stephanie Alexander at 641-791-4339 or email her at salexander(at sign)skiffmed.com.

 

St. Nick's Christmas Club decides to 'adopt' more needy families

Newton Independent

The St. Nick's Christmas Club is expanding its outreach to Jasper County families in need this holiday season by deciding at its meeting on Saturday to place additional application forms at the Newton YMCA beginning Tuesday.

The Christmas Club, that for more than 20 years has provided toys, clothing and food the children of needy families throughout Jasper County at Christmas, plans to first clear up its waiting list of families and then place several dozen more applications at the Y to allow families to seek application to the program.

Currently, approximately 225 applications have been distributed to Jasper County families with more than 200 already returned and accepted for adoption. With the new round of applications, the Club will surpass more than 600 children served from nearly 300 families.

The success of the yearly effort is largely attributable to the "generosity" of the Jasper County community, said Club President Peter Hussmann.

"The generosity of the community in helping allow the Club to pull off this crazy idea that a group can actually provide toys, clothing and food for 600 needy kids is truly amazing," Hussmann said. "We are lucky to live in a community where we can work together and make things like this happen."

Individuals, families, groups of friends, civic organizations and businesses can review the adoption book, which is located at the offices of the Newton Daily News, and "adopt" children from a needy Jasper County family to purchase new clothing and toys. 

Those "adopting" a family will be given information about each child in the family, such as age, sex, shirt size, pant size, shoe size (for socks) and Christmas wish list suggestions from each child. Family-oriented gifts are encouraged.

The information provided to "adopters" also contains information on where and when the purchased gifts need to be returned so that the Club can conduct inventory prior to distribution. The Club purchases items for those families not adopted.

The Christmas Club also provides each family with a food basket. And assisting in that effort is the local Fareway grocery store where shoppers are being asked to add a small additional amount to their grocery bill that goes to help defray the Club's cost of the food.

Anyone wishing to donate to the program may do so by sending their checks to the St. Nick's Christmas Club at P.O. Box 162, Newton, Iowa, 50208.

Individuals, groups and businesses wishing to take advantage of the tax benefits associated with making contributions to a non-profit 501(c)3 foundation may do so by making their donations payable to the Jasper Community Foundation, and designating their gift to be used to support St. Nick's Christmas Club. Contributions via this method may also be sent to P.O. Box 162, Newton.

Those seeking more information on the "adoption" process may also contact the Christmas Club's "Ho-Ho Hotline" at 275-7697 and leave a message. A Club representative will reply.

Annual Christmas Tea, Country Christmas and local resident benefit set in Colfax Saturday

Newton Independent

A variety of events are planned in Colfax this Saturday, including the Colfax Historical Society's annual Christmas tea and the Colfax Country Christmas beginning at 4 p.m.

In addition, the Colfax Senior Citizens are hosting a pancake breakfast on Saturday with a benefit for Lola Pierce, a local fire fighter and dedicated community member who is fighting cancer set to begin at 5 p.m. at the Jasper County Fairgrounds.

The Lola Pierce benefit features a barbecue pork dinner, a live and silent auction and music by the Black Diamond Band. All proceeds benefit the Pierce family.

For more information, follow this link.

16th Annual Christmas Walk set for downtown Newton churches

Newton Independent

Residents of Jasper County are invited to attend the 16th Annual Christmas Walk held among the eight downtown Newton churches beginning at 3 p.m. Sunday, Dec. 11, at the First United Methodist Church, 210 N. 2nd Ave. E.

At each church along the walk, which lasts approximately two hours, those participating will hear a reading of Scripture, share a prayer and join in signing one of the traditional Christmas Carols.

This year, all are invited to come to First United Methodist Church beginning at 2 p.m. to view "The Journey to Bethlehem, held in the church hall prior to the beginning of the Church Walk at 3 p.m.

After starting at First United Methodist, the Walk will continue to the United Presbyterian Church, the First Presbyterian Church, the Salvation Army Citadel, St. Stephen's Episcopal Church, First Lutheran Church, Congregational United Church of Christ before ending at First Christian Church (Disciples).

Refreshments and a time for fellowship will be held after the final stop at First Christian.

Sheriff's office investigating death of Mingo teen

Newton Independent

The Jasper County Sheriff's Office says it is investigating the death of a Mingo teenager who died after being taken from a residence to Skiff Medical Center earlier this month.

Shasta Sapp, 19, died at the hospital on Nov. 12.

More information will be forthcoming in the coming weeks, sheriff's officials said.