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KLEM News Update December 21, 2010

 Scott Cox is a Clinical Supervisor at Plains Area Mental Health. He says the most common reason people feel depressed this time of year is directly related to the stress and financial burden of the season.

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To avoid this holiday hurdle, Cox recommends keeping things simple.

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Another reason people feel an emptiness this time of year is because of loss. Cox says the best way to avoid that feeling is by staying connected to people that care for you. Also, don't worry if you're not happy. Just because it's Christmas doesn't mean you have to put bells on your toes and sing carols all day long.

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It's also important to keep in mind that holiday stress is not the only thing that gets people down this time of year. According to Mayo Clinic, Seasonal Affective Disorder, or SAD, is a type of depression that occurs at the same time every year. Most people with SAD have symptoms that start in the fall and may continue into the winter months. SAD takes away energy and makes people feel moody. Treatment for seasonal affective disorder includes light therapy, psychotherapy and medications. Scott Cox, from Plains Area Mental Health, says that if you're still feeling down and stressed well after the holidays, you may want to talk to a professional about Seasonal Affective Disorder. (Angela Drake, KLEM News)

Land donation will be discussed at county meeting

(LE MARS)--A land donation is to be discussed by Plymouth County, Pheasants Forever Board members and Kohler family members today (Tuesday).

According to the agenda for the Board of Supervisors weekly meeting, the Kohler Family land donation to Plymouth County is slated for discussion and action at 10:45 this morning.

Budget requests will be presented to supervisors by representatives for the Plymouth County Historical Museum and Mid-Sioux Opportunity of Remsen.

The board is slated to approve plans for a bridge replacement project at 11:15 this morning when Engineer Tom Rohe meets with the board. The public meeting is in the lower level of the Plymouth County Courthouse.

AGENDA Tuesday, December 21, 2010

9:30 AM Jim Henrich - Plymouth County Board Chairman
1.Call meeting to order
2.Approve this agenda (Action)
3.Approval of prior Board meeting minutes (Action)
4.Approval of claims and payroll (Signatures)
5. Committee Reports (Discussion)
6. Old Business
7. New Business
A. Open and review mail/correspondence (Discussion)
B. Open public forum (Informational)

10:00 AMJessica Simoni, County Attorney's Office and Wellness Committee- Review the Wellmark Wellness
program information and sign agreement (Discussion and Action)

10:15 AMDick Sievers, Mid Sioux Opportunity - Review FY 11-12 budget request (Informational)

10:30 AMJudy Bowman, Plymouth County Museum - Review FY 11-12 budget request (Informational)

10:45 AMDennis Sohl, Plymouth County Conservation Director, Pheasants Forever Board members &
the Kohler Family - Discussion and information regarding Kohler Family land donation to Plymouth County (Discussion and Action)

11:15 AMTom Rohe, County Engineer
(Action Items)
1. Final Plan Approval and Signature-Projects BROS-CO75(127)-8J-75
BROS-CO75(128)-8J-75
(Discussion Items)
Questions/Discussion of the Secondary Road Department

(Informational Items)
Update on construction projects

www.co.plymouth.ia.us

Airport funds, ADA inspection on Council agenda

(LE MARS)--Planning that could provide a path for future federal funds for the Le Mars Airport will be considered by the City Council at noon today (Tuesday).

During the public meeting in the Le Mars City Council Chambers, the Council considers an application for Airport Improvement Program Assistance. The city has received preliminary word of potential funding for a snow removal equipment building.

Access to the city building housing the Le Mars Arts Council at 200 Central Avenue Southeast has been evaluated by city staff. A report on Americans with Disabilities Act (ADA) requirements will be presented for Council action, as desired.

The Council may replace the audio equipment in the meeting room at a cost reduced by about 19-hundred dollars compared to two years ago. Some equipment does not work. The system is used to provide sound for the broadcast of council meetings on the local Public Access channel on Premier Communications.

 NOTE: AGENDA ORDER SUBJECT TO CHANGE

LE MARS CITY COUNCIL REGULAR MEETING
TUESDAY, DECEMBER 21, 2010, 12:00 P.M.
AGENDA


A. CALL TO ORDER - MAYOR
ROLL CALL - CITY CLERK
COUNCILMEMBERS: NELSON_____, KNAPP_____ REXWINKEL_____,
LEONARD______, IHRKE_______

B. HEARINGS
1. Rezoning - Can Farm

C. GENERAL DISCUSSION
1.Citizens
2. "Thumbs Up" Award

D.CONSENT ITEMS
All items listed under "Consent" Agenda will be enacted by one motion. There will be no separate discussion on those items unless a request is made prior to the time the Council votes on the motion.
1.Approval of December 7, 2010 Regular Meeting Minutes
2.List of Bills for Period Ending 12/17/10
3.Monthly Financial Statement for November 2010
4.Commercial Solid Waste Collection Licenses

E. ACTION ITEMS
1.Le Mars Arts Council - ADA Request
2.Iowa 3 Recreation Trail connector and Bridge
3.Council Chambers Audio Equipment
4.Airport Application for Federal Funding
5.Amending Chapter 124 Code of Ordinance

F.DISCUSSION
1.Council/Mayo
2.City Administrator/Public Works Director
3.Assistant City Administrator

G. CLOSED SESSION
1. Pending/Imminent Litigation
2.Collective Bargaining

H.ADJOURNMENT




Next Resolution No. 10-49
Next Ordinance No. 891


CITY OF LE MARS, IOWA


Hearing
REQUEST FOR COUNCIL ACTION
Date:
December 21, 2010


Description:
Rezoning - Can Farm
Item No.
B-1

Information:

At its December 7, 2010 meeting, the Council set this as the date and time to hear public comment regarding rezoning The Can Farm from I-2 (General Industrial District) to B-2 (General Business District). The Planning and Zoning Commission considered the rezoning at their November 30, 2010 meeting and the Commission is recommending the rezoning. A map is attached showing the area under consideration.

Staff Recommendation:

The Mayor opens the hearing and asks for written or oral objections or comments to the rezoning. After hearing all comments, the Mayor announces the time for receiving objections is closed.

COUNCIL ACTION REQUESTED
Motion approving the first reading of Ordinance No. _____ Amending Zoning Districts.
(Roll Call)

(and, if desired)

Motion waiving the second and third readings of Ordinance No. _____ Amending Zoning Districts.

(Roll Call)

Motion adopting Ordinance No. _____ Amending Zoning Districts on its first reading.

(Roll Call)
Le Mars City Council Meeting
Tuesday, December 7, 2010, 12:00 P.M.
Minutes


Mayor Kirchoff presided. Present: Ihrke, Rexwinkel, Leonard, Nelson, Knapp. Absent: None.

NOTE: A hearing was held on an offer to purchase City right-of-way (2nd Avenue NE) by Lally's Eastside Restaurant and no oral or written objections were received.

Nelson moved, Knapp seconded Resolution No. 10-47 authorizing the sale of right-of-way in the Ten Block of 2nd Avenue NE to Tom Mullally as proposed be adopted. On Roll Call: Ayes: Ihrke, Leonard, Rexwinkel, Nelson, Knapp. Nays: None.

NOTE: Le Mars Developers were present to address the City Council regarding their concern of full assessment on platted lots after three (3) years.

NOTE: The Council discussed Federal regulations on visibility of roadside signs and agreed the City join the national debate currently underway by contacting our Federal Legislators and/or US DOT/FHWA.

Nelson moved, Rexwinkel seconded that the following items be approved under the "Consent Agenda." On Roll Call: Ayes: Knapp, Ihrke, Leonard, Nelson, Rexwinkel. Nays: None.
-Regular meeting minutes of November 16, 2010 as amended.
-List of bills for period ending 11/30/10.
-Resolution No. 10-48 of support and financial commitment for the Le Mars Main Street Program.
-Renewal of Class C Liquor License to 4 Brothers Bar & Grill and Class B Beer Permit to Pizza Hut.

Nelson moved, Knapp seconded the long term lease with Weinberg Investments, Inc. regarding Floyd Valley Apartments, Ltd. be approved, subject to the stated project time schedule. On Roll Call: Ayes: All present. Nays: None.

Rexwinkel moved, Nelson seconded that December 21, 2010 at 12:00 P.M. be established as the date and time for public hearing regarding the request from Barry and Toni Haefs (The Can Farm) to rezone from I-2 (General Industrial District) to B-2 (General Business District). On Roll Call: Ayes: All present. Nays: None.

Nelson moved, Ihrke seconded that Staff be directed to take the appropriate action regarding street lights at the corner or Highway 3 East and 14th Avenue. On Roll Call: Ayes: All present. Nays: None.

Nelson moved, Rexwinkel seconded the request from the Le Mars Arts Council to apply for a grant for a wheel chair lift be tabled for Staff review and recommendation. On Roll Call: Ayes: All present. Nays: None.

Knapp moved, Ihrke seconded the recommended amendment to Chapter 124 to include the Willow Creek Golf Course be approved. On Roll Call: Ayes: All present. Nays: None.

Knapp moved, Ihrke seconded the first reading of Ordinance No. 890 amending Chapter 124, "Food Service Providers" be approved. On Roll Call: Ayes: Rexwinkel, Leonard, Ihrke, Knapp, Nelson. Nays: None.

Ihrke moved, Nelson seconded the procedural change to handle street lights by establishing a Council adopted "Street Light Policy" and implementing said policy by City Staff Work Order be approved. On Roll Call: Ayes: All present. Nays: None.

Knapp moved, Nelson seconded the City be the lead applicant in an application to the Iowa Power Fund for a Community Grant of up to $50,000.00 and City Staff be authorized to work with John Grosenheider and Karl Seggerman to complete the application and work with local industry and the Plymouth County Solid Waste Agency for in-kind and cash match for the application. The motion was withdrawn at the request of Mr. Grosenheider.

Ihrke moved, Leonard seconded to enter Closed Session under Iowa Code 21.5c concerning a matter that is presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. On Roll Call: Ayes: Nelson, Knapp, Leonard, Ihrke, Rexwinkel. Nays: None.

Knapp moved, Ihrke seconded to move out of Closed Session. On Roll Call: Ayes: All present. Nays: None.

Ihrke moved, Leonard seconded to enter Closed Session under Iowa Code Section 20.17 (3) concerning Collective Bargaining where negotiating sessions and strategy meetings of public employers shall be exempt from the provisions of Chapter 21, open meetings. On Roll Call: Ayes: Nelson, Knapp, Rexwinkel, Ihrke, Leonard. Nays: None.

Knapp moved, Ihrke seconded to move out of Closed Session. On Roll Call: Ayes: All present. Nays: None.

Knapp moved, Ihrke seconded the meeting be adjourned at 3:25 P.M.


_________________________________________________
Beverly Langel, City ClerkDick Kirchoff, Mayor

CITY OF LE MARS, IOWA


ConsentREQUEST FOR COUNCIL ACTION
Date:
December 21, 2010

Description:
List of Bills for Period Ending 12/17/10 Item No.
D-2

COUNCIL ACTION REQUESTED

Approval of bills for the period
ending 12/17/10.

(No Roll Call)

CITY OF LE MARS, IOWA


Consent
REQUEST FOR COUNCIL ACTION
Date:
December 21, 2010


Description:
Monthly Financial Statement for November 2010
Item No.
D-3

Attached is the monthly Financial Statement for November 2010.

COUNCIL ACTION REQUESTED

Motion acknowledging receipt of monthly
Financial Statement for November 2010.

(No Roll Call)

CITY OF LE MARS, IOWA

Consent
REQUEST FOR COUNCIL ACTION
Date:
December 21, 2010


Description:
Commercial Solid Waste Collection Licenses
Item No.
D-4

Information:

The four commercial haulers have requested to continue in 2011 as licensed haulers and will pay the License Fee of $525.00 (subject to Council review) and provide their bond and certificate of insurance.

Staff Recommendation:
Staff recommends approval.


COUNCIL ACTION REQUESTED
Motion (approving) (denying) Commercial Solid Waste Collection Licenses for 2011 to Gill Hauling, Orange City Sanitation, Waste Management and Van's Sanitation.

(No Roll Call)


CITY OF LE MARS, IOWA


Action
REQUEST FOR COUNCIL ACTION
Date:
December 21, 2010


Description:
Le Mars Arts Council - ADA Request
Item No.
E-1

Information:

Several City Staff have inspected and reviewed the existing Art Center building, access ramp, floor plan/layout and conditions of existing restrooms. (Included were City Administrator, Code Official, Fire Chief). Additional analysis will be accomplished prior to the meeting; however, several conclusions are readily available:

1)East ramp to lower level meets ADA criteria and is in excellent condition.

2)To be used as an egress, the east entry must be separated from the furnace room. This is easily accomplished.

3)Two (2) existing restrooms (one on each floor); however, neither meets ADA criteria.

4)Appears to be adequate floor space to accommodate a wheel chair lift adjacent to the east entry.

5)Appears to be adequate floor space to accommodate both expanded restrooms.

6)Improved ADA access to Arts Center would allow more groups and individuals to attend the facility. We think the request is justified.

7)Improved restrooms is justified.

8)Funding sources need to be determined.

COUNCIL ACTION REQUESTED

As desired.


CITY OF LE MARS, IOWA


Action
REQUEST FOR COUNCIL ACTION
Date:
December 21, 2010


Description:
Iowa 3 Recreation Trail Connector and Bridge
Item No.
E-2

Information:

Council delayed action on the Engineering Contract with DGR & Associates for the Iowa 3 Recreation Trail Connector and Bridge pending further consideration, review and checking with the sub-consultant (Schemmer and Associates). This has been done.

The evaluation has concluded several significant factors, as follows:

1)Floor elevations north of IA 3 are three (3) foot higher than south of IA 3; therefore, the Pedestrian Bridge must automatically be at least three (3) feet higher on the north side.
2)Cross-sections of the flood way and flood plain north of IA 3 compared to south of IA 3 are significantly more restricted; therefore, the Pedestrian Bridge will be much longer and higher as a result of the lay of the land.
3)Both the west cross-section and east cross-section of the flood way/flood plain south of IA 3 are dramatically lower in elevation and wider transversely to carry flood waters around the Pedestrian Bridge on either side.
4)The existing recreation trail south of IA 3 is much further away from the banks of the river allowing a better transition from bridge to existing trail.
5)The original DGR proposal was $52,480 with Preliminary Phase I at $35,222 and Final Phase II at $17,258.

The revised DGR proposal for two (2) bridge locations was $61,422 with Preliminary Phase I at $44,164 and Final Phase II at $17,258 (an increase of $8,942)

The further revised DGR proposal is NOW back to the original proposal of $52,480; however, Preliminary Phase I is $29,306 compared to the Final Phase II at $23,174.

The latest DGR proposal was requested to keep cost the lowest it can be to get the analysis accomplished. This will allow Council the ability to make decisions whether to proceed further or not.

Staff Recommendation:

Staff recommends Council approval of the second revision to DGR Contract and authorization to proceed with Phase I, only.

Financial Impact:

Engineering cost is all local cost to be paid from Le Mars UR/TIF.

COUNCIL ACTION REQUESTED

Motion approving the revised Phase I Contract with DGR & Associates for the Iowa 3 Recreation Trail Project in the amount of $29,306.

(No Roll Call)


CITY OF LE MARS, IOWA


Action
REQUEST FOR COUNCIL ACTION
Date:
December 21, 2010


Description:
Council Chambers Audio Equipment
Item No.
E-3

Information:

Attached are quotes from Pratt Audio/Visual to replace the current Council Chambers audio equipment. The cost has dropped to $1,910.00. Currently three (3) of the eight (8) wireless microphones do not work properly forcing microphones to be shuffled around during Council meetings or shut off entirely. The question was asked in 2008 of Pratt Audio/Visual if our microphones could be repaired or replaced and they responded that it would not be cost effective to the City to do because of the advancement in technology of audio equipment.

Financial Impact:

The City Council FY '11 budget would need to be amended. The City of Le Mars receives around $5,000/year from Premier Communications for the support of public education and governmental (PEG) programming and development.


COUNCIL ACTION REQUESTED

Motion authorizing the replacement of audio equipment in the City Council Chambers at a cost of $__________.

(No Roll Call)

CITY OF LE MARS, IOWA

Action
REQUEST FOR COUNCIL ACTION
Date:
December 21, 2010


Description:
Airport Application for Federal Funding
Item No.
E-4

Information:

Bolton & Menk has prepared the necessary documents (attached) for Federal Funding under the FAA Entitlement Program for the FY 2011 and FY 2012 C.I.P. which includes FY 2012 through FY 2016 inclusive. Detailed Data Sheets are not currently available.

A Resolution is attached committing the City to provide local funding for the project.

Note that the City has received preliminary word from FAA of potential funding in FY 2011 for the snow removal equipment building. Council approved these CIP's each year for approximately the last five (5) years. The funding source for the 5% local share is proposed to be the Airport Improvement Fund.

Staff Recommendation:

City Staff and Bolton & Menk both recommend Council approval.


COUNCIL ACTION REQUESTED

Motion adopting Resolution No. ______ approving submitting Application for Airport Improvement Program Assistance.

(Roll Call)

CITY OF LE MARS, IOWA


Action
REQUEST FOR COUNCIL ACTION
Date:
December 21, 2010


Description:
Amending Chapter 124 Code of Ordinance
Item No.
E-5

Information:

At its December 19, 2010 meeting, the Council approved the first reading of the Ordinance amending Chapter 124 regarding license for catering services.

Staff Recommendation:

Approve the Amendment to Ordinance.

COUNCIL ACTION REQUESTED
Motion approving the second reading of Ordinance No. 890 Amending Chapter 124.
(Roll Call)

(and, if desired)

Motion waiving the third reading of Ordinance No. 890 Amending Chapter 124.

(Roll Call)

Motion adopting Ordinance No. 890 Amending Chapter 124 on its second reading.

(Roll Call)

CITY OF LE MARS, IOWA




REQUEST FOR COUNCIL ACTION

Date:
December 21, 2010


Description:
Closed Session - Pending/Imminent Litigation
Item No.
G-1

It is recommended that the Council enter Closed Session to discuss Pending/Imminent Litigation.

COUNCIL ACTION REQUESTED

Motion to enter Closed Session under
Iowa Code 21.5c concerning a matter
that is presently in litigation or where
litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.

(Roll Call)


Motion to move out of Closed Session.

(No Roll Call)

CITY OF LE MARS, IOWA




REQUEST FOR COUNCIL ACTION
Date:
December 21, 2010


Description:
Closed Session - Collective Bargaining
Item No.
G-2

It is recommended that the Council enter Closed Session to discuss Collective Bargaining

COUNCIL ACTION REQUESTED

Motion to enter Closed Session under Iowa Code Section 20.17 (3) concerning Collective Bargaining where negotiating sessions and strategy meetings of public employers shall be exempt from the provisions of Chapter 21, open meetings.

(Roll Call)

Motion to move out of Closed Session.

(No Roll Call)

www.lemarsiowa.com

 

Ballot, write-in candidates for Kingsley mayor

(KINGSLEY)--Kingsley voters will be asked to fill a city office with a special election today (Tuesday).

According to Plymouth County Deputy Auditor Cheri Nitzschke, the candidate on the ballot for Kingsley Mayor is Rick Bohle.

John Hackett is campaigning as a write-in candidate for mayor.

The Kingsley mayor and mayor pro tem have both resigned.

The special election is from noon to eight in the evening at the Kingsley Community Center.

No jury duty today

(LE MARS)--Plymouth County jurors do not need to report for jury duty today, Tuesday, December 21, 2010.

EPA reaches settlement on unauthorized dredging

SIOUX FALLS, S.D. (AP) The Environmental Protection Agency says it has reached a $65,000 settlement with two Dakota Dunes men who impacted nearly 22 acres of wetlands near the Missouri River in Dixon County, Neb., with unauthorized excavation and dredging.

The EPA says Kevin Vaughan conducted the digging and earth moving on land owned by Bryce Andersen without obtaining necessary permits from the U.S. Army Corps of Engineers.

Vaughan has submitted a draft work plan for restoring the site.

A corps representative who inspected the property in 2006 documented a discharge of dredged material into the river that altered its natural flow by disconnecting its backwaters and tributaries, including Turkey Creek.

The EPA says Vaughan told the agency that the work was done to create a hunting habitat for himself and his associates.

(COPYRIGHT 2010 BY ASSOCIATED PRESS. ALL RIGHTS RESERVED)

 Judge asked to dismiss case over justice selection

DES MOINES, Iowa (AP) State attorneys have asked a federal judge to dismiss a lawsuit challenging Iowa's merit-based judge selection system.

The lawsuit claims the system gives lawyers too much influence and is unconstitutional as a result.

The Des Moines Register says in a motion filed last week, Iowa Solicitor General Mark E. Schantz and Deputy Iowa Attorney General Jeff Thompson argued a ruling against the system would create problems, including undermining the legitimacy of four Iowa Supreme Court justices who did not appear on last month's retention ballot. Three justices were denied a new term.

The lawsuit claims the participation of seven lawyer members on the Iowa Judicial Nominating Commission violates federal equal-protection rights. The commission screens and selects finalists for the high court.

The judge will hear arguments on Jan. 6.

Officials in Iowa announce mortgage fraud group

DES MOINES, Iowa (AP) State and federal prosecutors in Iowa have announced a new task force aimed at mortgage fraud, saying it will bring criminal penalties into the enforcement effort.

The announcement came at a news conference on Monday in Des Moines with U.S. Attorney Nicholas Klinefeldt and state Attorney General Tom Miller.

Miller says much of his efforts on mortgage fraud have been in the civil arena, and adding criminal penalties will make enforcement more effective.

Agencies involved include the FBI, the Internal Revenue Service and the Social Security Administration. While the problem in Iowa is not as large as other states, it does exist. Officials say it ranges from falsifying income to multiple loans against a property.

Des Moines University hires new president from TN

DES MOINES, Iowa (AP) Des Moines University has hired an administrator from Meharry Medical College in Nashville, Tenn., as its new president.

The Des Moines Register says the osteopathic medical school on Monday named Angela Walker Franklin as its new leader. She replaces Terry Branstad, who resigned in October 2009 when he started his successful bid to regain his old job as governor.

Franklin was executive vice president and provost at Meharry Medical School, where she oversees academic and administrative departments for three schools within the college as well as other departments.

Before working at Meharry, Franklin was at Morehouse School of Medicine in Atlanta. She has a Ph.D. in clinical psychology from Emory University in Atlanta, and is a licensed clinical psychologist.


Push ends to stop Iowa justices from leaving bench

DES MOINES, Iowa (AP) Three Iowa Supreme Court justices removed from the bench in last month's election will leave as scheduled on Dec. 31, despite a lawsuit seeking to keep them in office.

The Des Moines Register says three lawyers who contended the Nov. 2 retention vote was illegal said during a court hearing on Monday that they are dropping a push to temporarily prevent the justices from leaving. However, they say they will to continue to press their claim that the Iowa Constitution requires that retention votes be on a separate ballot.

The lawyers halted their effort after learning the justices would fight the claim, which was filed in Polk County District Court.

The Gazette of Cedar Rapids says a judge will hold a hearing next year on the question of a separate ballot.


Man arrested after standoff with deputies in Ames

AMES, Iowa (AP) Authorities say a man has been arrested after a standoff with Story County sheriff deputies at a mobile home in Ames.

The sheriff's office says the incident began early Monday when deputies investigated a complaint of loud music at the Crestview Mobile Home Park. Authorities say a man claimed to have a gun and threated the deputies. He surrendered peacefully about four hours later.

Authorities say 28-year-old Major Robinson II was taken to a hospital for a mental evaluation and then turned over to the sheriff's office. Officials say Robinson is charged with interference with official acts, disorderly conduct and harassment.

A judge on Monday set his bond at $10,000. Jail officials say Robinson remains in jail. They did not know if he had an attorney.

Ex-tax preparer headed to prison on fraud charges

IOWA CITY, Iowa (AP) A former tax preparer from Waterloo will serve prison time after pleading guilty to filing false tax returns for herself and others.

Latanya Bailey was sentenced on Monday to 30 months in federal prison. She had pleaded guilty in September to one count of assisting the filing of a false tax return and one count of filing a false tax return.

Those charges stemmed from false information she gave on her return in 2010 and helping another give false information in 2007. Under the plea deal, she admitted she helped many others file false tax returns.

U.S. District Judge Linda Reade says Bailey's fraud caused more than $80,000 in losses to the federal government and was outrageous since she later received government benefits such as food stamps and unemployment insurance.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

Submit your news release, confidential news tip or news idea by email klemnews@lemarscomm or by calling 712.546.4121 or 712.546.9672 fax.



 

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