DES MOINES – Gov. Kim Reynolds sent a letter on Thursday, March 21st, 2019  to President Donald Trump requesting that he grant an expedited Presidential Major Disaster Declaration for 57 counties that have been severely impacted by the recent flooding along the Missouri River and other parts of the state. In the request to the president, Gov. Reynolds also indicated the State of Iowa will need federal recovery assistance in addition to what is granted through a Presidential Disaster Declaration, for agriculture, businesses, homes, and levees. The projected impact to the State of Iowa in these areas is nearly $1.6 billion.

The governor requested funding under the Federal Emergency Management Agency’s (FEMA) Individual Assistance Program for 12 counties, including (Locally): Crawford, Fremont, Harrison,  Mills, Monona, Montgomery, Page, Pottawattamie, and Shelby counties.  Initial estimates gathered by local officials indicated 23,540 structures were affected or received minor damage, and 1,201 received major damage or were destroyed. Individual Assistance Program funding provides disaster-impacted homeowners and businesses with programs and services to maximize recovery, including assistance with housing, personal property replacement, medical expenses and legal services.

Gov. Reynolds also requested funding under FEMA’s Public Assistance Program for the repair or replacement of public infrastructure, including roads and bridges, for 57 counties, including: Adair, Audubon, Carroll, Cass, Crawford, Dallas, Fremont, Guthrie, Harrison, Madison, Mills, Monona, Montgomery, Page, Pottawattamie, Sac, Shelby, and Union counties. Local emergency management coordinators, working with local representatives and jurisdictions, estimate damage eligible for funding under the Public Assistance Program at $77.4 million.

The governor also requested funding to conduct hazard mitigation activities for the entire state.

(Radio Iowa) — Extreme flood damage to Missouri River levees has officials concerned they won’t be fixed in time for more possible flooding this spring. The Benton/Washington Levee District runs from just south of Thurman to the Missouri line. District president Pat Sheldon says that stretch of levee has had numerous breaches. Sheldon worries the U-S Army Corps of Engineers may not be able to get the levee repaired quickly enough and they’ll have to let Mother Nature run her course. Sheldon says, “There’s not much we can do unless they can come in and do some temporary repairs around our breeches to give us some protection so people can go home.”

Sheldon says it’s unclear how much repairs may cost, but in 2011 — following the last major floods — about 150-million dollars was spent to repair levees just in Fremont County. He fears this time, it will be much more costly as the damage is severe.  “Big ruts of erosion down the side where we had overtopping, which is water flowing over the top of our levees, eating away the sod and the soil, and the material that makes our levee strong,” Sheldon says. “That’s how our breach on our district started.”

He says it’s possible the entire system may need to be rebuilt, but with more flooding likely in the weeks ahead, he’s not sure anything can be done in time.

(Thanks to Katie Peikes, Iowa Public Radio)

(Radio Iowa) — The Midwest flooding is forcing Amtrak’s California Zephyr to take a detour between Chicago and Omaha. Amtrak restored service between those cities and Denver, Colorado by detouring over a Union Pacific Railroad route in Illinois and Iowa. The detour is to the north of the regular route and results in a temporary suspension of service to Burlington, Mt. Pleasant, Ottumwa, Osceola and Creston. The Illinois stops missed by the detour at Naperville, Princeton and Galesburg are served by other Amtrak trains. The California Zephyr travels through seven states from Chicago to Emeryville, California near San Francisco.

Anyone who has questions about their reservations should call Amtrak at 1-800-872-7245 or go to www.amtrak.com.

The Iowa Supreme Court, in its ruling this week, affirmed sentence of a man found guilty in 2016 Pottawattamie District Court cases for crimes related to his sex acts with two minors in separate cases.  49-year old Kenneth Edward Petty plead guilty to charges of lascivious acts with a child and sexual exploitation of a minor. He challenged his guilty pleas and sentences, claimed he was denied the right to counsel. Petty said the district court failed to comply with the Iowa Rule of Criminal Procedure in accepting his guilty pleas.

He contended that the the court did not adequately inquire into the alleged communication breakdown in the attorney-client relationship, imposed a surcharge in violation of Ex Post Facto clauses of the Iowa and U-S Constitution, and that the court erroneously ordered restitution without first determining his reasonable ability to pay. The Iowa Supreme Court determined Petty did not preserve error on his guilty pleas challenge, and that the record on appeal is insufficient to conduct an ineffective-assistance of counsel analysis. The Justices also found the record on appeal was insufficient to determine whether the lower court adequately inquired into the alleged communication breakdown. Both claims for post-conviction relief were left in-tact, if Petty wishes to pursue them,

The court agreed that the imposition of a surcharge was in violation of Ex Post Facto clauses, and that the lower courts’ erroneously ordered restitution without first determining his reasonable ability to pay, was in violation of the rule of law. They subsequently vacated both and remanded the sentences back to the District Court for entry of a corrected sentence and re-sentencing consistent with the IASUPCO opinion.

The Pottawattamie County Sheriff’s Office reports three men were arrested on separate charges, Thursday. 31-year old Bradley Adam Myers, of Council Bluffs, was arrested at the Pott. County Courthouse, on a State of Iowa warrant for Contempt of Court/Violation of a No Contact or Protective Order. 27-year old Christopher J. Plaza, of Omaha, was arrested after appearing in court. He was taken into custody on warrants for for felony Burglary in the 2nd Degree/Breaking & Entering, and Criminal Mischief in the 2nd Degree/Destruction/Damage or Vandalism of property. His bond was set at $15,000 altogether. And, 51-year old Derrick Dale Altena, of Sanborn, was arrested Thursday night for OWI/1st offense, after deputies investigated a vehicle that had crashed into a ditch and was abandoned. When law enforcement arrived on the scene, Altena was there, and showed signs of impairment. His bond was set at $1,000.

All three men were booked into the Pott. County Jail.

More State and area news from KJAN News Director Ric Hanson.

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DES MOINES, Iowa (AP) — A woman who admitted stealing thousands of dollars from a Des Moines soccer club has been sentenced. Polk County District Court records say 34-year-old Brandi Preul pleaded guilty last week to felony theft. She was given a suspended prison term of five years, three years of probation and fined $750. She also was ordered to pay an undetermined amount of restitution.

Authorities say she stole more than $41,000 from the Greater Des Moines Over the Hill Soccer Club , which operates the Central Iowa Coed Soccer League. Preul was the league’s  commissioner to a time last year.

WASHINGTON (AP) — Arkansas-based Tyson Foods is recalling more than 69,000 pounds of frozen, ready-to-eat chicken strips because they may be contaminated with pieces of metal. The U.S. Agriculture Department said Thursday the products were produced on Nov. 30, 2018, and have a best if used by date of Nov. 30, 2019. The products have the establishment number “P-7221” on the back of the packages.

The USDA says it received two complaints about the metal, but there are no confirmed reports of anyone being injured. The USDA is concerned the products could still be in freezers. Consumers should throw out the packages or return them to the place of purchase. The recall comes after Tyson in January recalled some chicken nuggets because customers said they found pieces of “soft, blue rubber” inside.

OMAHA, Neb. (AP) — Another former Winnebago Tribal Council member has pleaded guilty to his role in stealing from the Nebraska-based tribe’s casino in Iowa. The Sioux City (Iowa) Journal reports that 41-year-old Travis Mallory entered the plea Thursday in U.S. District Court in Omaha. His sentencing is set for July 8. Mallory is one of nine former council members who were accused of a conspiracy to siphon more than $327,000 from the WinnaVegas Casino Resort in Sloan, Iowa. Charges against two of them have been dismissed.

An FBI investigation determined that while on the tribal council, the members had given themselves raises and bonuses totaling $327,500 directly from the casino without approving them at council meetings.

The area’s latest and/or top news stories at 7:06-a.m. From KJAN News Director Ric Hanson.

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