Executive Council of Iowa Monday, April 03, 2023 10:00 AM Teleconference Only

MEMBERS OF COUNCIL

Hon. Kim Reynolds | Governor
Hon. Paul D. Pate | Secretary of State
Hon. Rob Sand | Auditor of State
Hon. Roby Smith | Treasurer of State
Hon. Mike Naig | Secretary of Agriculture

Teleconference Only
Conference Call Phone Number: (877) 304-9269
Conference Code Pin: 364626

1.Approval of Minutes

1. A.Approval of the minutes from the Executive Council meeting held on March 6, 2023.

• 03-06-2023 Minutes.pdf (0.30 MB)

2.Special Counsel

1. A.The Department of Justice, Attorney General’s Office requests retention of special counsel pursuant to Iowa Code section 13.7 to represent Iowa PBS on highly specialized FCC matters.  Attorney fees and costs will be paid from Iowa PBS.
                                   
   Firm:                                 Gray Miller Persh
                                    1200 New Hampshire Ave. N.W., Suite 410
                                    Washington, D.C. 20036-3802 
   Rate:                 $442 per hour for the next year, with two one-year renewal options subject to a   $5per hour rate increase per hour.

• Special Counsel Gray Miller Persch Iowa PBS.pdf (0.26 MB)
• Gray Miller Persh LLP - Iowa PBS Amendment.pdf (0.02 MB)

2. B.The Department of Justice, Attorney General’s Office, requests retention of special counsel to represent the State of Iowa in criminal cases when the offenses are committed by non-natives against non-natives (or without a victim) on the Sac and Fox Indian Settlement in Tama County through June 30, 2023.
   
   Attorney:                                Thomas L. Hillers 
   Hillers Legal, P.C.
   112 W Main St., Suite 100
   State Center, IA 50247
   
   Rate:        $5,000.00 per month retainer with a prorated $1,935 March retainer

• Special Counsel Thomas Hillers Tribal Land.pdf (0.30 MB)

3. C.The Department of Justice, Attorney General’s Office requests retention of special counsel to provide legal services for the State Treasurer’s Office, Unclaimed Property Division, in regard to Unclaimed Property.  Attorney fees and costs will be paid from the Unclaimed Property Fund.
   
    Firm:                       Dentons Davis Brown Law Firm
                                                    The Davis Brown Tower
                                                    215 10th Street, Suite 1300
                                                    Des Moines, IA 50309
   Rate:                          Routine Matters – $175 per claim
                                                    Complicated Matters - $350 per claim
                                                    Complex Matters – Hourly with a 10% discount off standard rates

• Special Counsel TOS Unclaimed Property.pdf (0.64 MB)
• Agreement for Special Counsel_Signed.pdf (0.19 MB)

3.Outside CPA

1. A.Request from Rob Sand, Auditor of State, to employ the services of FORVIS, LLP to perform the annual audits of the Office of Auditor of State, the State Executive Council, the State Appeal Board, and the Tobacco Settlement Authority for years ending June 30, 2023, June 30 2024 and June 30 2025.  The total reimbursement shall not be for more than $70,000, $74,750 and $79,750, respectively.

• Outside CPA 04.03.2023.pdf (3.31 MB)

4.Emergency Allocations

1. A.Department of Natural Resources is requesting a supplemental emergency allocation in the amount of $193.51. This brings to total allocation to $6,902.21. On March 16, 2019, a flood caused damages at Pikes Peak State Park in Clayton County. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation and reimbursement. This represents full and final payment and this allocation will be closed.  

• A. DNR Pikes Peak AOS Claim 1738 Request for Supplemental Allocation and Payment.pdf (2.91 MB)

2. B.Department of Natural Resources is requesting a supplemental emergency allocation in the amount of $2,580.56. This brings to total allocation to $9,539.92. On March 18, 2019, a flood caused damages to Walnut Woods State Park in Polk County. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation and reimbursement. This represents full and final payment and this allocation will be closed.  

• B. DNR Walnut Woods State Park AOS Claim 1730 Request for Supplemental Allocation and Payment.pdf (2.77 MB)

3. C.Board of Regents - University of Iowa is requesting a supplemental emergency allocation in the amount of $755.73. This brings to total allocation to $94,911.58. On September 27, 2019, a power outage caused building components and equipment damages. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation and reimbursement. This represents full and final payment and this allocation will be closed

• C. IOWA Building Components AOS Claim 1851 Supplemental Allocation and Payment.pdf (7.95 MB)

4. D.Department of Public Safety is requesting an emergency allocation in the amount of $8,466.67. On January 18, 2023, copper grounding cables were stolen at the Keosauqua ISICS Communication Tower. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• D. DPS Keosauqua ISICS AOS Claim 3445 Request for Allocation.pdf (3.11 MB)

5. E.Department of Corrections - Clarinda Correctional Facility is requesting an emergency allocation in the amount of $340,581.24. On April 18, 2022, a hot water leak caused damages. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• E. DOC Clarinda Hot Water Tank AOS Claim 2395 Allocation.pdf (0.62 MB)

6. F.Department of Corrections - Clarinda Correctional Facility is requesting an emergency allocation in the amount of $375,144.35. On April 23, 2022, high winds caused roof damages. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• F. DOC Clarinda Roof AOS Claim 2309 Allocation.pdf (0.92 MB)

7. G.Department of Corrections - Fort Dodge Correctional Facility is requesting an emergency allocation in the amount of $176,520.97. On May 9, 2022, the underground hot water tank leaked and caused damages. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• G. DOC Fort Dodge AOS Claim 2314 Allocation.pdf (1.40 MB)

8. H.Department of Corrections – Fort Dodge Correctional Facility is requesting an emergency allocation in the amount of $223,366.00. On December 20, 2022, a unit hot water tank leaked and caused damages. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• H. DOC Fort Dodge AOS Claim 3448 Allocation.pdf (3.57 MB)

9. I.Department of Corrections - Iowa Correctional Institution for Women is requesting an emergency allocation in the amount of $10,103.06. Between December 24-26, 2022, extreme cold weather caused frozen and burst pipes which resulted in damage. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• I. DOC ICIW AOS Claim 2426 Allocation.pdf (1.03 MB)

10. J.Department of Corrections - Newton Correctional Facility is requesting an emergency allocation and reimbursement in the amount of $10,165.55. On December 11, 2022, a deteriorated water pipe caused damages at the CRC Training Center. Request is to cover repair costs.

    The State Auditor’s Office has reviewed this request and recommends allocation and reimbursement. This represents full and final payment and this allocation will be closed.  

• J. DOC Newton AOS Claim 2416 Allocation and Payment.pdf (1.41 MB)

11. K.Iowa Veterans Home is requesting an emergency allocation and reimbursement in the amount of $743,934.82. On August 10, 2020, a derecho caused damages to the Iowa Veterans Home. Request is to cover repair costs.

    The State Auditor’s Office has reviewed this request and recommends allocation and reimbursement in the amount of $743,934.82, with $637,564.18 paid to the Department of Administrative Services and $106,370.64 paid to the Iowa Veterans Home. This represents full and final payment and this allocation will be closed.  

• K. IVH Derecho AOS Claim 1997 Allocation and Payment.pdf (29.01 MB)

5.Payment of Cost Items

1. A.Department of Natural Resources ………………....…………….………...................$10,442.64
   On March 14, 2019, a flood caused damages at Dolliver State Park in Webster County. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $2,087.36 will be reverted and this allocation closed.

• A. DNR Dolliver State Park AOS Claim 1719 Request for Payment.pdf (3.09 MB)

2. B.Department of Natural Resources………………....……………...................................$4,947.14
   On March 14, 2019, a flood caused damages at Fairport State Recreation Area in Muscatine County. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $15,437.71 will be reverted and this allocation closed.

• B. DNR Fairport State Recreation Area AOS Claim 1754 Request for Payment.pdf (3.74 MB)

3. C.Department of Natural Resouces………………....…………….....................................$3,707.94
   On March 14, 2019, a flood caused damages to Lake Manawa State Park in Pottawattamie County. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $1,756.19 will be reverted and this allocation closed.

• C. DNR Lake Manawa State Park AOS Claim 2028 Request for Payment.pdf (1.93 MB)

4. D.Department of Natural Resources………………....…………….................................$11,537.15
   On March 15, 2019, a flood caused damages at Wapsipinicon State Park in Jones County. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents partial payment.

• D. DNR Wapsipinicon State Park AOS Claim 1720 Request for Payment #1.pdf (2.27 MB)

5. E.Board of Regents - University of Northern Iowa………………....……………........$278,101.79
   On December 15, 2021, a wind storm caused damages to the roof of the Nielsen Fieldhouse and Wellness and Recreation Center. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment. This represents partial payment

• E. UNI WRC AOS Claim 2249 Payment Request #1.pdf (3.49 MB)

6. F.Board of Regents - University of Iowa………………....……………..........................$90,786.82
   On September 25, 2020, a failed water pipe caused water damages to MacBride Hall. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• F. IOWA MacBride Hall AOS Claim 2029 Payment Request.pdf (8.84 MB)

7. G.Board of Regents - University of Iowa………………....……………..........................$18,162.80
   On March 26, 2021, a water leak caused damages to Biology Building East. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• G. IOWA Biology Building East AOS Claim 2085 Payment Request.pdf (1.25 MB)

8. H.Board of Regents - University of Iowa………………....……………..........................$23,163.95
   On May 20, 2021, a roof leak caused water damages to the English Philosophy Building. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• H. IOWA English Philosophy Building AOS Claim 2119 Payment Request.pdf (1.55 MB)

9. I.Department of Natural Resources …………………….…………………………......$1,732.20
   Drainage Assessments Pursuant to Iowa Code Section 468.43:
   
   Polk                $1,732.20
   
   Michael J. Moss, Assistant Attorney General, has reviewed this request and recommends payment.

• I. Drainage Taxes.pdf (2.28 MB)

10. J.Gray Miller Persh, LLP……………………………………...........................................$4,238.90
    2233 Wisconsin Avenue NW 
    Suite 226 
    Washington, D.C. 20007
    Iowa PBS
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from Iowa PBS.

• J. Gray Miller Persh inv 38324.pdf (0.77 MB)

11. K.Michael Marquess…….………………..………............................................................$5,000.00
    2183 Docks Drive
    Garwin, IA 50632
    Tribal cases when the offenses are committed by non-natives against non-natives (or without a victim) on the Sac and Fox Indian Settlement in Tama County
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the General Fund.

• K. Micahel Marquess Invoice #2713.pdf (0.57 MB)

12. L.Richard J. Bennett, Sr..…………………………………….……………………….......$2,280.00
    PO Box 65666
    West Des Moines, IA 50265
    Special Counsel for the Criminal Appeals Division of the Iowa Attorney General’s Office
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the Attorney General’s Office’s Forfeiture Fund.  

• L. Richard Bennett AG Invoice Feb. 2023.pdf (1.13 MB)

13. M.Davis, Brown, Koehn, Shors & Roberts, P.C…………………………..........................$1,120.40
    The Davis Brown Tower
    215 10th Street, Suite 1300
    Des Moines, IA 50309-3993
    Legal Services to state agencies on issues related to the visa status of prospective state employees
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the funds of the Iowa Department of Natural Resources.

• M. DNR Dentons Stmt 1530706.pdf (0.54 MB)

14. N.Davis, Brown, Koehn, Shors & Roberts, P.C………………………….............................$280.00
    The Davis Brown Tower
    215 10th Street, Suite 1300
    Des Moines, IA 50309-3993
    Legal Services to state agencies on issues related to the visa status of prospective state employees
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the funds of the Iowa Department of Revenue.

• N. DOR Dentons Stmt 1530705.pdf (0.52 MB)

15. O.Patterson Law Firm L.L.P…….………………..………...................................................$945.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Richard Adrian v. University of Iowa, State of Iowa and Second Injury Fund of Iowa
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the Second Injury Fund. 

• O-T Patterson Law Firm.pdf (3.16 MB)

16. P.Patterson Law Firm L.L.P….……………..….……………………………......................$674.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                          
    Dawn Cline v. Eldora State Training School and State of Iowa and Second Injury Fund of Iowa
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the Second Injury Fund.  

• O-T Patterson Law Firm.pdf (3.16 MB)

17. Q.Patterson Law Firm L.L.P…….………………..………...................................................$304.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Luanna Hollingsworth v. Woodward Resource Center and State of Iowa and Second Injury Fund of Iowa
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the Second Injury Fund. 

• O-T Patterson Law Firm.pdf (3.16 MB)

18. R.Patterson Law Firm L.L.P….……………..….………………..........................................$422.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                        
    Gail Martens v. University of Iowa and State of Iowa and Second Injury Fund of Iowa
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the Second Injury Fund. 

• O-T Patterson Law Firm.pdf (3.16 MB)

19. S.Patterson Law Firm L.L.P…….………………..………...................................................$280.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Ronald Simmons v. Iowa Department of Transportation and State of Iowa and Second Injury Fund of Iowa
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the Second Injury Fund. 

• O-T Patterson Law Firm.pdf (3.16 MB)

20. T.Patterson Law Firm L.L.P…….………………..………...................................................$713.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                       
    Debbie Wessels v. Department of Correctional Services and State of Iowa and Second Injury Fund of Iowa
    
    Sam Langholz, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the Second Injury Fund. 

• O-T Patterson Law Firm.pdf (3.16 MB)

6.Information Items

1. A.The Benton Washington Levee made their first Contingency Loan payment of $310,000.00. This loan was approved for $1,000,000.00 on June 8, 2020 and is prorated not to exceed twenty years. Total repayment to date: $310,000.00. 

7.Adjourn Meeting