Last year's extreme winter caused damage to many trees and shrubs; With another cold winter predicted, experts from the Professional Landcare Network offer advice to protect trees and shrubs.

HERNDON, Va. - Last year's long cold winter took many people in the East by surprise and resulted in damage to otherwise healthy plants, trees and shrubs.  With the Farmer's Almanac predicting another extremely cold winter, landscape experts from the Professional Landcare Network (PLANET), the national landscape and lawn care association, offer advice to homeowners who want to protect trees and shrubs from damage.

"A lot of homeowners were taken by surprise by our cold harsh winter last year," said Nikos Phelps, PLANET member and president, Utopian Landscapes in Harrisburg, Pennsylvania. "We had warmer than normal winters for the past 10-15 years, so people got used to not having to go the extra mile to protect plants and trees for a harder winter." 

Cold winds, frigid temperatures, and dry air can damage otherwise healthy plants. Many home owners invest hundreds, and even thousands of dollars into the purchase of plants. To protect that investment and avoid costly replacements next year, landscape experts from PLANET offer the top five strategies that homeowners should consider to protect trees and shrubs this winter.

Water deeply in late fall. Many people think their plants don't need water in the winter or they assume snow melt will provide enough hydration.  Plants do need to have access to water in the soil during winter.  Watering deeply in late fall before the first frost will help ensure that they have access to water after the ground freezes.

Wrap plants or smaller trees. Many plant varieties like roses, butterfly bushes, hydrangeas, and crape myrtles experienced damage last winter.  To provide plants with extra protection from the wind and cold, wrap them in burlap or a frost protection fabric and plant them along a building or fence that offers some wind protection. Dead leaves can also be stuffed inside and around the branches and at the base to add extra insulation. 

Don't fertilize trees and shrubs in fall. Plants need to slow down their growth in the fall to ensure they harden off and prepare for winter.  In general, homeowners should stop giving fertilizer to plants well before the first freeze.  Homeowners should always follow the local municipal rules for fertilization.  Some locations regulate the time of year that fertilizer can be applied.

Don't prune plants in late fall. Pruning can encourage new growth, so it is generally not a good idea to prune most plant varieties as winter nears because the cuts may not have time to heal before it freezes.

Apply anti-desiccant or anti-transpirant to protect trees. Many tree care or landscape companies can apply anti-desiccants to trees to help protect them during the winter.  It coats the trees and can help shield them from cold winds and dry air if applied as the manufacturer recommends.

"It is also important that people plant trees and bushes in good locations where they have protection from the elements," said Phelps. "Plants like crape myrtles do well when planted in a sunny, wind- protected area.  A south-facing wall of the house works well."

For more ideas about how to care for you landscape or for more information about hiring a landscape professional near you visit www.loveyourlandscape.com.

ABOUT PLANET
PLANET is the national trade association representing more than 100,000 landscape industry professionals, who create and maintain healthy, green living spaces for communities across America. PLANET members are committed to the highest standards in industry education, best practices and business professionalism. Many of PLANET's professionals have attained the status of becoming Landscape Industry Certified, achieving the greatest level of industry expertise and knowledge. Visit PLANET at www.landcarenetwork.org.  

Davenport, Iowa - Making ends meet should not mean going without your medication. Medicare prescription drug coverage, known as Part D, helps fill the gap for eligible Quad Citians but unfortunately many don't review their policies and find themselves spending more money on prescriptions drugs then may be necessary. This is why it is so important for Medicare recipients to take part in the annual Medicare Open Enrollment period, October 15 through December 7.

On October 15, the Centers for Medicare and Medicaid Services (CMS) will announce its Part D plans for 2015.  According to CMS, there are several plan changes which will impact Iowans. "Iowa will have 29 stand-alone drug plans in 2015, compared to 32 for 2014," says Kris Gross from the Senior Health Insurance Information Program (SHIIP).  "It is very important that Iowans do a Part D check-up and see if their current plans will still provide the best coverage for 2015."

According to SHIIP, seven plans were dropped and four new plans were added. Thirteen plans show reduced premiums and thirteen plans increased theirs.  None of the plans cover brand name drugs in the coverage gap, but several cover generic drugs.  There are five plans which are available at $0 for people who qualify for the full Part D extra help.

Going through this process can be confusing that is why the Center For Active Seniors, Inc. (CASI) is offering free assistance through its SHIIP program. Five specially trained SHIIP volunteers will be available, during the open enrollment period, by appointment, Monday through Friday, to offer assistance in finding coverage that best fits a Medicare recipient's needs.

Those interested in meeting with a CASI SHIIP counselor must make an appointment, in advance, by calling 563-386-7477. Counselors will offer this free assistance from October 15 through December 7 on the following days and times: Noon-5 p.m. on Mondays, 1-6 p.m. on Tuesdays; 9 a.m. - Noon on Wednesdays, 9 a.m. - Noon and 12:30 p.m. - 3:30 p.m. on Thursdays and from 9:30 a.m. - 11:30 a.m. and 12:30 p.m. - 3:30 p.m. on Fridays. Counselors ask that you have a valid photo identification card, your Medicare card and a list from your pharmacy of all current medications. If a list cannot be provided, CASI's SHIIP counselors ask that you bring all your prescription medications to your schedule appointment.

During this same period you can enroll in a Medicare prescription drug (Part D) plan if you missed the enrollment deadline earlier this year.  SHIIP counselors can assist you with enrollment in a Part D plan also.  If you're happy with the plan you have and what it's going to be offering next year you don't need to do anything.  Your enrollment will continue into next year.

CASI was established in 1972 and serves the needs of older adults by providing a variety of events and activities focused on health and wellness, social engagement, lifelong learning, and community involvement. CASI also provides a senior advocacy program to assist older adults, their families, and caregivers in needs assessment and referral for services. Jane's Place at CASI is the only adult day services center in Eastern Iowa serving adults with Alzheimer's and dementia. Please contact CASI for additional information.

19 separate local labor unions vote to endorse Jacobs for Senate

ROCK ISLAND- The Tri-City Building & Construction Trades Council and its 19 Quad City-area labor unions are proud to announce their support of Mike Jacobs' reelection for Illinois State Senate.

"Mike Jacobs' experience and persistence are proven assets for the 36th District," said Rory Washburn, Executive Director of the Tri-City Building & Construction Trades Council. "Mike Jacobs is committed to the economic development of our region. We have seen this with the construction dollars he has worked tirelessly to secure for projects like Western Illinois University Quad Cities-Riverfront Campus, Kone Center and the Thomson Prison."

"His unwavering support helps provide our members opportunities to support their families and this community in positive ways," said Washburn. "We believe Mike Jacobs' firm commitment has earned him the opportunity to continue serving the people of the 36th Senate District."

Labor unions who support Mike Jacobs include the following:

Boilermakers Local 60

Bricklayers Local 6

Chicago Carpenters District Council

Cement Masons Local 18

Electricians Local 34

Electricians Local 145

Electricians Local 176

Elevators Constructors Local 33

Glaziers Local 581

Insulators Local 81

Ironworkers Local 111

Millwrights Local 2158

Operating Engineers Local 150

Painters Local 502

Plasterers Local 18

Plumbers & Pipefitters Local 25

Roofers Local 32

Sheet Metal Workers Local 91

Sprinkler Fitters Local 669

The American Democracy Legal Fund has filed a complaint with Iowa Attorney General Tom Miller requesting his office investigate whether Joni Ernst violated Iowa conflict of interest laws while serving as Montgomery County Auditor and the county's Chief Financial Officer for its flood disaster assistance operation while her father secured county contracts for his construction business. Under Iowa law, county officers or employees are prohibited from having "an interest, direct or indirect, in a contract with that county." Ernst appears to have had an interest in the contracts awarded to her father's company as a result of their familial relationship.

The full complaint and associated exhibits are available here.

The American Democracy Legal Fund is a group established by David Brock and run by Brad Woodhouse to hold candidates for office accountable for possible ethics and/or legal violations.

American Democracy Legal Fund

455 Massachusetts Avenue, NW

Washington, DC 20001

Honorable Tom Miller

Iowa Attorney General

1305 E. Walnut Street

Des Moines, IA 50319

 

Dear Mr. Miller:

The American Democracy Legal Fund ("ADLF") respectfully requests that your office investigate whether Joni Ernst violated Iowa conflict of interest laws while serving as Montgomery County Auditor and the county's Chief Financial Officer for its flood disaster assistance operation as her father, Richard Culver, secured county contracts for his construction business.

Background

Ms. Ernst was elected as Montgomery County Auditor in November 2004, and continued in that position until January 2011.[1] In June 2007, Ms. Ernst also was named the Chief Financial Officer for the county's flood disaster assistance operation.[2] In those roles, Ms. Ernst was involved in supervising the process for awarding county construction contracts, and was responsible for initiating contract bid notices and soliciting proposals for county contracts.[3]

During Ms. Ernst's tenure, Montgomery County awarded a total of $215,665 in government contracts to Culver Construction, owned by Ms. Ernst's father, Richard Culver.[4] Notably, Culver Construction's winning bids regularly came in just under those of other bids, and Culver Construction does not appear to have received any county contracts prior to Ms. Ernst's assuming her position as auditor.

Culver Construction apparently was awarded its first county contract in April 2009.  According to the minutes of the Montgomery County Board of Supervisors, the county awarded Culver Construction a FEMA grant contract for $40,428, the "low quote" for the project.[5] A few months later, in August 2009, Culver Construction was awarded another FEMA grant contract, this one for $63,501.[6] The county received two quotes for this contract, and Culver Construction's was "approximately $10,000 under the second bidder."[7] In October 2009, Culver Construction was awarded a FEMA repair project contract for $32,425 after reportedly coming in with the lowest bid.[8]

With Ms. Ernst still serving as County Auditor, Montgomery County awarded Culver Construction three more contracts in 2010.  In April 2010, Culver Construction was awarded a Department of Homeland Security grant contract for $10,871, just $680 below the next lowest bidder.[9] A few days later, Culver Construction was awarded a $59,480 contract for a FEMA grant project.[10] In that instance, there were two bids, and Culver's was $6,513.96 less than the other bid of $65,993.96.[11] Even as Ms. Ernst was running for state senate in December 2010,[12] Montgomery County awarded Culver Construction another FEMA contract, this one for $8,960, to repair three flood damaged sites.[13]

Legal Analysis

Under Iowa law, county officers or employees are prohibited from having "an interest, direct or indirect, in a contract with that county." Iowa Code Ann. § 331.342(2).  Ms. Ernst appears to have an indirect interest in the contract's awarded to her father's company as a result of their familial relationship.

While § 331.342(2) does not define a direct or indirect interest, Iowa has a long history of broadly interpreting conflict of interest laws.  As the state Supreme Court made clear in Wilson v. City of Iowa City: "We doubt if any rule of law has more longevity than that which condemns conflicts between the public and private interests of governmental officials and employees nor any which has been more consistently and rigidly applied."  165 N.W.2d 813, 822 (Iowa 1969).  The "well-established and salutary rule" that a person "who is entrusted with the business of others cannot be allowed to make such business an object of pecuniary profit to himself . . . does not depend upon reason technical in character and is not local in its application."  Bay v. Davidson, 111 N.W. 25, 26 (Iowa 1907).  The rationale for conflict of interest rules, Iowa courts repeatedly have asserted, is "a man cannot serve two masters [because] . . . [a] temptation would be offered . . . to disregard his public duty, and yield to the temptation of personal interest."  James v. City of Hamburg, 156 N.W. 394, 309-10 (Iowa 1916); see also, e.g., Wilson, 165 N.W.2d at 819.

Wilson demonstrates how broadly Iowa interprets conflict of interest statutes.  That case considered whether section 403.16 of the Iowa Code, which provided that "no public official or employee of a municipality . . . shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project," barred members of a city council from voting on an urban renewal project in which they had financial and other interests.  165 N.W.2d at 817.  Looking to the purposes of conflict of interest laws, the Court decided one council member had a conflict of interest simply because he held "positions of responsibility" with the University of Iowa, which was vitally interested in the urban renewal project.  Id. at 821-24.  A public employee's interest does not have to be financial, or even that the official "sought or gained" a private "advantage," the Court concluded.  Id. at 822.  "It is the potential for conflict of interest which the law desires to avoid."  Id. (emphasis in original); see also Iowa Farm Bureau Fed'n v. Envtl. Prot. Comm'n, 850 N.W.2d 403, 415 (Iowa 2014).

The conflict of interest statute here prohibits a county employee from having a direct or indirect interest in a contract with the county.  Ms. Ernst appears to have had at least an indirect interest in contracts Montgomery County awarded to her father's company while she served in a public position involving county contracts.  At a minimum, the potential for a conflict of interest clearly existed.

Conclusion

ADLF therefore requests that your office immediately commence an investigation into whether Ms. Ernst violated Iowa conflict of interest statutes.  These laws are critical to preventing officials from putting their private interests before the public's, and should be enforced vigorously.

Please do not hesitate to contact me if I can be of further assistance.

Sincerely,

Brad Woodhouse

Treasurer

Encls.