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May 26, 2010 |
A $5 million lawsuit that village of Bagley residents had filed against the Burlington Northern Santa Fe Railroad has been returned to federal court. The suit claims that the railroad is responsible for damage caused by the 2007 flood in the village.
The suit was originally filed in Grant County in May of 2008.
The railroad had the case transferred to federal court in Madison in August of 2008, arguing that the railroad crosses state lines and therefore the matter was a federal case. The railroad also feared that the Bagley residents would have a "home field" advantage if the case were heard in Grant County, according to a report written by Federal Magistrate Stephen Crocker.
On May 7, 2009, District Judge Barbara Crabb ruled that the case should return to Grant County after Bagley residents dropped a request to make the suit a class-action case. Crabb said that the case did not have federal jurisdiction.
In June of 2009, the railroad appealed Crabb's decision. On May 20, 2010, The Chicago-based U.S. Court of Appeals concluded that the case should be in federal court despite the lack of class-action claims.
Bagley residents allege that the railroad did not clear debris from in front of a large culvert under the railroad trestle over Glass Hollow Creek. Heavy rains then caused flash flooding because the creek backed up at the clogged up culvert on July 17-18, 2007. The flood caused millions of dollars in property damage in Bagley.
In October of 2008, the assessed valuation of the property involved in the lawsuit was a total of $9.64 million.
Burlington Northern Santa Fe Railroad has denied any responsibility, and has claimed that such floods are acts of God.
The firm of Kopp, McKichan, Geyer, Skemp & Stombaugh represent the Bagley residents.
Seven people have been arrested in connection to a fight on Wyalusing Beach in Grant County on Monday evening.
According to a Grant County Sheriff's Department report, at approximately 5:55 p.m., the Grant County Sheriff's Department received a 911 call of a fight at Wyalusing Beach. Sergeant Chad Breuer, Deputy Andrew Smith, and Wisconsin DNR Warden Martin Stone were dispatched to the beach.
Upon arrival of law enforcement, Joshua Davidson, 20, Prairie du Chien, Zach Beinborn, 21, Prairie du Chien and Steven Burr, 26, Prairie du Chien, fled the beach and were traveling north up the Mississippi River in a boat. A witness at the beach provided the deputies with a description of the boat and a vehicle that left the scene, according to the report.
The Sheriff's Department notified the Iowa DNR, the U.S. Fish and Wildlife Service, and Wisconsin State Trooper John Moore of the three people in the boat and the vehicle that had left the scene.
Trooper Moore located the vehicle in Prairie du Chien and stopped the vehicle. Brittany Pagel, 19, of Eastman was the driver of the vehicle and was arrested for a valid warrant out of Grant County and a second offense GDL violation, the report said.
A warden with the U.S. Fish and Wildlife Service located Davidson, Beinborn and Burr in the boat near the Wisconsin-Iowa Bridge. Warden Stone arrived and arrested both Beinborn and Burr for boating OWI. Beinborn was also arrested for two counts of bail jumping and one count of battery, the report said. Davidson was arrested for underage drinking.
Two other vehicles were stopped by deputies in connection to the fight, and as a result of those stops, Bryce Bailey, 25, Prairie du Chien, was arrested for disorderly conduct, and Amanda Johll, 26, Prairie du Chien, was arrested for operating with a suspended registration and providing alcohol to a minor. A 16-year-old girl was arrested for underage drinking.
A 24-year-old Fennimore man was injured in the fight.
The Prairie du Chien Main Street Bypass Project project is scheduled to start on June 1. Main Street will be closed down to through-traffic on Tuesday, June 1. Main Street will be closed from Iowa to Paquette Street (Prairie Fun Land's east entrance). La Pointe Street will remain open until the end of July.
Access to Prairie Fun Land, Spahn & Rose Lumber, Prairie Motor Sports, Culver's, Riverside Square, Peoples State Bank, and Stuckey's Farm Produce will be along La Pointe Street. Access to Big River Campground will be at Beaumont Road. Access to the Lockwood Boat Ramp will be via Lockwood Street.
The above closures and accesses will remain in effect until approximately the end of July and at that time La Pointe and Paquette will be closed as well and access to the above businesses will be changed.
For more information call 326-0856.
By Jen Schultz
A citizen's concern about health safety was recently brought to the attention of the Board of Public Works. Mark Gillitzer of 420 S. Ohio Street, Prairie du Chien, filed a concern with the board to review and discuss the use of recycled asphalt in city alleys, specifically regarding health issues.
In a meeting held on Wednesday, May 19, the Board of Public Works along with Larry Gates and Terry Meyer, co-managers of Public Works and City Administrator Aaron Kramer met with Gillitzer's attorney, Tim White to discuss Gillitzer's concerns. Gillitzer was not present at the meeting.
According to Tim White, Gillitzer says that over time the two blocks of recycled asphalt in the alley behind his house has broken down and turned into dust. Gillitzer believes that the dust contains a toxic product called crystalline silica. According to a Lafarge North America Material Safety Data Sheet that Gillitzer gave his attorney, Tim White, to hand over to the board, crystalline silica is a substance known by the state of California to cause cancer. Gillitzer admits that when his kids play basketball in the alley, their hands turn bright red.
An email sent by Brian White, 417 S. Dousman Street, Prairie du Chien, stated that he believed the recycled asphalt in the alley was making his dogs sick.
Tim White also said that Gillitzer is not the only person in the neighborhood that is worried about the health effects from the recycled asphalt. City Administrator Aaron Kramer and City Alderman Karen Solomon asked who the names were of the other neighbors. White was unable to give names at the time, but said that he could get the names from Gillitzer.
Tim White told the board that Gillitzer had sent a sample to be tested, but they have not received the results yet.
Terry Meyer said that he was unaware of any health problems associated with recycled asphalt. He asked other area communities including the City of Viroqua Public Works Superintendant, Steve Clark, all of whom had nothing but positive comments about the use of recycled asphalt on alleys.
According to Tim White, Gillitzer is asking for the recycled asphalt in the alley to be removed and replaced with gravel.
It was determined that the board would take no action at the time of the meeting, the motion passed. After the motion passed, Gillitzer's attorney, Tim White mentioned the possibility of proceeding with litigation against the City. This was the second time the board met to discuss Gillitzer's concerns, the first meeting was held on April 21, but neither Gillitzer nor his attorney were present.
Members on the board of Public Works include Chairman Jaaren Riebe, Jean Titlbach, Ted Finn, Karen Solomon and Frank Pintz who was absent from the meeting.
May 24, 2010 |
The Prairie du Chien Coast Guard Auxiliary held a boat inspection on Saturday at the St. Feriole Slough Boat Landing as part of Safe Boating Week, which runs from May 22-28. "With the summer months coming on, we need to promote the use of life preservers and other safe boating practices," aid Roger Richter, a member of the Coast Guard Auxiliary in Prairie du Chien. "We need to help prevent injury and death on the water."To help promote safe boating, the Coast Guard Auxiliary will be conducting voluntary vessel safety checks at various times throughout the boating season. Jerry Strok, the Prairie du Chien Detachment Commander, said that typically, Auxiliary members will be at a popular landing and will ask boaters if they want their boat inspected. The inspections are completely voluntary and take about 10 minutes for a 16-foot run-about, Strok said. Inspections for a houseboat take a bit longer. Strok stressed that the inspections are free and not punitive. Certified inspectors will simply show the boat owner how the boat is deficient as far as federal and state safety requirements are concerned. The boat owner can use this information to purchase the proper safety equipment at a later date, should he so choose. If a boat passes inspection, the boater will receive a Coast Guard Vessel Safety Check sticker that they can place on the side of their boat. If a boat is lacking in one area, a required fire extinguisher for example, Strok said that oftentimes the owner will come back at a later date to show that he has purchased the fire extinguisher. The boat will then pass inspection and will meet all safety requirements for state waters and for federal waters such as the Upper Mississippi River. Strok said that boat owners who pass inspection will often get a break on their boat insurance. In addition to boat inspections at popular landings, Roger Richter said that people can call the Coast Guard Auxiliary at (608) 783-5915 to set up an on-the-spot inspection. In addition to the free, voluntary inspections, the inspectors will also talk to the boaters about boating safety. "We are available to advise, educate and answer questions,"said Strok. "Our primary concern is for boater safety."Strok said that the Prairie du Chien Coast Guard Auxiliary is also working on getting a patrol boat in order to assist boaters on the Mississippi. He said that Auxiliary members are working towards receiving their certification so they can become crew members on the patrol boat. Strok said that the patrol boat will be out there to assist boaters. It is not a law enforcement vessel. For example, the patrol boat could tow in a broken down vessel. It could also help maintain river traffic safety during the many Mississippi River marine events such as water ski shows and competitions, fireworks shows, lighted boat parades, etc. There are currently nine members of the Prairie du Chien Coast Guard Auxiliary and they are looking for more. The Prairie du Chien Auxiliary is a detachment of the La Crosse Coast Guard Flotilla. The Prairie du Chien Auxiliary needs six more members in order to become its own independent flotilla. The Prairie du Chien Detachment of the La Crosse Flotilla was formed in November 2009 because of the strong interest expressed by people in the area. They realize that each year as boating activities on the Upper Mississippi River increase, there is an equally increasing need to focus on boating safety through public education and other services provided by the U.S. Coast Guard Auxiliary. Detachment members and prospective members are from Prairie du Chien and De Soto, Wisconsin; and Marquette, McGregor, Lansing, Waterville and Waukon, Iowa as well as other towns in Western Wisconsin and Northeastern Iowa. The Prairie du Chien Detachment usually meets at 10:30 a.m on the second Saturday of each month at the Prairie du Chien City Hall, second floor. Summer meetings, when everyone is very active, may be on a different schedule. Anyone interested in becoming a member of the Prairie du Chien Detachment can contact Detachment Commander Jerry Strok, La Crosse, Wisconsin, Phone: 608-783-5915, e-mail: jsmsg727@charter.net.
The Superintendent at Effigy Mounds National Monument, Phyliss Ewing, was relieved of her duties at the park last week and is being transferred to work in the Midwest Regional Office of the National Park Service.
Administrative Manager Friday Wiles took over the Superintendent's duties last Wednesday. On Monday, May 24, Dr. Michael Evans, a senior cultural anthropologist with the National Park Service was scheduled to take over the interim superintendent's duties until a new permanent superintendent is hired. Midwest Regional Director of the National Park Service, Ernie Quitnana, confirmed that Ewing was being transferred to Omaha in a telephone conversation on May 24. "We felt it was in the best interest to have her help us out in the Omaha office,"Quintana said. He stated that Ewing would remain at the same level of responsibilities and pay scale. He said he could not comment on the reasons for the decision to transfer Ewing. It was revealed in April that Ewing had broken the law and Park Service regulations when she moved forward with several construction projects in the park in 2009 and earlier without making the required preliminary environmental and archeological studies. Her actions may have damaged the very cultural resources the park was created to protect. A 2009 Park Service Operations Evaluation at Effigy Mounds lists four other incidents between 2001 and 2007 when various construction activities were undertaken at the park without required preliminary studies. The evaluation indicates that in some instances, Ewing made no effort to undertake any preliminary review. In other instances, when she received memos informing her that the park should undertake these studies, the memos were simply buried in office files. The document does not say that the list of incidents is comprehensive, but instead calls it a "representative sampling."In statements to the press last month, Ewing took responsibility. "There's nobody's fault here but mine,"Ewing told the North Iowa Times, (4-7-2010). Ewing, a native of Waukon, began her duties as superintendent in 1999. Quintana said that he did not foresee and further staffing changes at the park at this time.
A meeting of key Park Service staff and representatives of the affiliated tribes is scheduled for Tuesday, May 25, at the park. Staff are scheduled to discuss the results of archeological survey work completed last month. Quintana said that the meeting will also cover discussion and consultation of "how to move forward."He said it is likely just the first of several such meetings. Although Quintana does not plan to attend this week's meeting at the park, he does plan to visit and take part in discussions about the park in the future.
Kyle Picha, 18, of Prairie du Chien has been named the National Youth Advocate of the Year by the Campaign for Tobacco-Free Kids for his leadership in the fight against tobacco. Kyle was honored at a gala in the nation's capital on May 12 along with the international grant winner, four U.S. regional winners and a group winner.
Kyle has a zest for learning, a knack for asking the right questions and a remarkable grasp on policy. He has demonstrated his effectiveness as a tobacco-control advocate in forums ranging from local and state legislative hearings to meetings with his representatives in Congress. Kyle has served on the statewide youth board of directors of Fighting Against Corporate Tobacco (FACT) for three terms, and has been a member of the organization for five years. He advocated extensively in the successful battle to enact smoke-free legislation in Wisconsin and testified before the legislature's Joint Finance Committee. He is currently helping to design a media plan for promoting the implementation of Wisconsin's smoke-free air law. Kyle has also worked for four years with Wisconsin Wins, which advocates strict enforcement of age requirements for purchasing tobacco. He is a leader in the movement to prevent youth from using smokeless tobacco, and helped organize the National Summit on Spit and Smokeless Tobacco. Kyle also is a member of his school's conservation club, political science club and forensics team. More than 400 public health, political, civic and business leaders attended the Campaign for Tobacco-Free Kids' 14th annual gala in Washington, D.C., to recognize these young leaders. The winners received educational scholarships and grants to continue their prevention efforts and serve as ambassadors for the Campaign. "Kyle Picha and other young leaders from across the nation are making great strides against youth tobacco addiction and their voices are being heard,"said Matthew L. Myers, Campaign for Tobacco-Free Kids president. "Every day, 1,000 kids in the United States become regular smokers and roughly one-third of them will die prematurely from tobacco-caused disease. Almost 90 percent of adult smokers began at or before the age of 18. Youth are powerful allies in the fight to turn these trends around."
In Wisconsin, 16.9 percent of high school students smoke, and 6,900 kids become daily smokers every year. Every year, tobacco use kills 7,200 Wisconsin residents and costs the state $2.02 billion in health care bills. Nationally, tobacco use kills more than 400,000 people and costs the nation $96 billion in health care costs each year. The Campaign for Tobacco-Free Kids is a leader in the fight to reduce tobacco use and its devastating consequences in the United States and around the world. By changing public attitudes and public policies on tobacco, the Campaign strives to prevent kids from smoking, help smokers quit and protect everyone from secondhand smoke.
