Executive Council of Iowa Monday, March 06, 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 January 23, 2023.

• 01-23-2023 Minutes.pdf (0.28 MB)

2.Personal Appearances

1. A.Dennis Harper, Recovery Division Administrator, Iowa Department of Homeland Security and Emergency Management, will be present to request the following: 

   1.                Allocate an additional $2,460,000.00 pursuant Iowa Code 29C.6(17) for Presidential Disaster Declaration DR-4483 (Corona virus Disaster 2019, 1/20/2020 and continuing).

   2.                Approval of Hazard Mitigation Financial Assistance in the amount of $221,012.00 (Iowa Code 29C.7) for the Building Resilience Infrastructure and Communities (BRIC) Program.

• HSEMD 03.06.2023.pdf (0.66 MB)

3.Iowa Code §7D.10

1. A.Attorney General’s office request Payment for Expenses under Iowa Code §7D.10 in the amount of $16,000.00.

• A. SVP.pdf (0.48 MB)

2. B.Attorney General’s office request Payment for Expenses under Iowa Code §7D.10 in the amount of $6,625.00.

• B. SVP.pdf (0.44 MB)

3. C.Attorney General’s office request Payment for Expenses under Iowa Code §7D.10 in the amount of $7,200.00.

• C. SVP.pdf (0.36 MB)

4.Outside Counsel

1. A.The Department of Justice, Attorney General’s office requests retention of outside counsel pursuant to Iowa Code section 13.3(1) in Luanna Hollingsworth v. Woodward Resource Center and State of Iowa and Second Injury Fund of Iowa, a workers’ compensation case filed by a state employee. 
   
   Firm:                                Patterson Law Firm, L.L.P. 
   Attorney:                    Ryan Clark
   505 5th Avenue
   Suite 729
   Des Moines, IA 50309
                           Rate:                      $160.00 Per Hour  

• Luanna Hollingsworth v. Woodward Resource Center and State of Iowa and Second Injury Fund of Iowa.pdf (0.31 MB)
• Patterson Law Firm - Luanna Hollingsworth.pdf (0.20 MB)

2. B.The Department of Justice, Attorney General’s office requests retention of outside counsel pursuant to Iowa Code section 13.3(1) in Amy Ausborn v. Eldora State Training School and State of Iowa and Second Injury Fund of Iowa, a workers’ compensation case filed by a state employee. 
   
   Firm:                                Patterson Law Firm, L.L.P. 
   Attorney:                    Ryan Clark
   505 5th Avenue
   Suite 729
   Des Moines, IA 50309
                           Rate:                      $160.00 Per Hour  

• Amy Ausborn v. Eldora State Training School and State of Iowa and Second Injury Fund of Iowa.pdf (0.31 MB)
• Patterson Law Firm - Amy Ausborn.pdf (0.20 MB)

5.Litigation Expense Fund

1. A.Request from the Attorney General’s office on behalf of the Department of Revenue to expend $175,000.00 to cover potential expenses for the third quarter of the 2023 fiscal year.

• Litigation Expense Fund.pdf (0.40 MB)

6.Emergency Allocations

1. A.Department of Natural Resources is requesting a supplemental emergency allocation in the amount of $110.46. This brings to total allocation to $12,187.99. From March 21, 2019 to July 11, 2019, floods caused damages at various wildlife management areas within the Great Lakes Wildlife Unit. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation and payment. This represents full and final payment and this allocation will be closed.

• A. DNR 1742-1743-1807 Request for Payment.pdf (4.24 MB)

2. B.Department of Natural Resources is requesting a supplemental emergency allocation in the amount of $14,165.55. This brings to total allocation to $39,988.50. On May 30, 2019, a flood caused damages at Odessa Wildlife Management Area in Louisa County. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation and payment. This represents full and final payment and this allocation will be closed.

• B. DNR Odessa Wildlife Management Area AOS Claim 1781 Request for Supplemental Allocation and Payment.pdf (2.14 MB)

3. C.Department of Natural Resources is requesting an emergency allocation in the amount of $408,102.00. On March 5, 2022, Red Haw State Park was damaged by a tornado. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• C. DNR Red Haw State Park AOS Claim 2275 Request for Allocation.pdf (14.49 MB)

4. D.Iowa Communications Network is requesting an emergency allocation and reimbursement in the amount of $4,300.00. On November 16, 2022, a cable was cut at the Intersection of Plank Road and High Street in Lee 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.  

• D. ICN Lee County AOS Claim 2410 Allocation and Payment.pdf (1.70 MB)

5. E.Department of Administrative Services is requesting a supplemental emergency allocation in the amount of $365.86. This brings to total allocation to $7,810.91. On October 30, 2022, Vehicle #1733 was damaged by a deer. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation and payment. This represents full and final payment and this allocation will be closed.

• E. DAS Vehicle #1733 AOS Claim 2387 Supplemental Allocation and Payment.pdf (1.89 MB)

6. F.Department of Administrative Services is requesting an emergency allocation in the amount of $8,570.19. On November 15, 2022, Vehicle #1650 was damaged by a deer. 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. DAS Vehicle #1650 AOS Claim 2397 Request for Allocation.pdf (3.10 MB)

7. G.Department of Administrative Services is requesting an emergency allocation in the amount of $4,130.43. On December 14, 2022, Vehicle #1343 was damaged by a deer. 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. DAS Vehicle #1343 AOS Claim 2423 Request for Allocation.pdf (2.21 MB)

8. H.Department of Administrative Services is requesting an emergency allocation in the amount of $2,558.00. On January 4, 2023, Vehicle #1948 was damaged by vandalism. 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. DAS Vehicle #1948 AOS Claim 3437 Request for Allocation.pdf (2.19 MB)

9. I.Iowa Veterans Home is requesting a supplemental emergency allocation and reimbursement in the amount of $206,718.74. This brings to total allocation to $590,624.97. On May 17, 2017, straight line winds caused damage to various roofs, buildings, trees and the cemetery. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation and payment. This represents full and final payment and this allocation will be closed.

• I. IVH Straight Line Winds AOS Claim 1422 Request for Supplemental Allocation and Reimbursement.pdf (7.95 MB)

10. J.Iowa Veterans Home is requesting a supplemental emergency allocation and reimbursement in the amount of $352,790.84. This brings to total allocation to $422,262.79. On July 19, 2018, a tornado damaged buildings and trees. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends allocation and payment. This represents full and final payment and this allocation will be closed.

• J. IVH Tornado AOS Claim 1624 Request for Supplemental Allocation and Reimbursement.pdf (4.64 MB)

11. K.Iowa State University is requesting an emergency allocation and reimbursement in the amount of $2,000,000.00. On February 22, 2021, a fire in the 1st floor custodial room caused damages to Ross Hall. Request is to cover repair costs.

    The State Auditor’s Office has reviewed this request and recommends allocation and reimbursement although the allocation and reimbursement of $2,000,000.00 exceeds the $1,920,000.00 maximum threshold for 29C.20 claims set by the Executive Council on July 18, 2022. This represents full and final payment and this allocation will be closed.  

• K. ISU Ross Hall AOS Claim 2079 Allocation & Payment Request.pdf (45.86 MB)

7.Payment of Cost Items

1. A.Department of Natural Resources………………....………………………...................$4,235.00
   On July 26, 2019, Red Rock Wildlife Management Unit was damaged by a flood. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $787.50 will be reverted and this allocation closed.

• A. DNR Red Rock Wildlife Management AOS Claim 1814 Payment Request.pdf (1.71 MB)

2. B.Department of Administrative Services………………....…………………..................$8,865.15
   On November 3, 2021, Vehicle #2971 was damaged by a deer. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $3,238.75 will be reverted and this allocation closed.

• B. DAS Vehicle #2971 AOS Claim 2232 Request for Payment.pdf (2.14 MB)

3. C.Department of Administrative Services ………………....…………….........................$3,503.29
   On August 19, 2022, Vehicle #2426 was damaged by hail. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $8,810.00 will be reverted and this allocation closed.

• C. DAS Vehicle #2426 AOS Claim 2381 Request for Payment.pdf (2.22 MB)

4. D.Department of Administrative Services………………....……………..........................$5,838.33
   On September 17, 2022, Vehicle #2857 was damaged by hail. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• D. DAS Vehicle #2857 AOS Claim 2378 Payment Request.pdf (1.75 MB)

5. E.Department of Public Safety………………....……………...........................................$3,957.55
   On June 3, 2022, State Patrol Vehicle #438 was damaged by a deer. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• E. DPS SPV #438 AOS Claim 2329 Request for Payment.pdf (1.11 MB)

6. F.Department of Public Safety………………....…………………………….................$2,781.00
   On July 4, 2022, State Patrol Vehicle #105236 was damaged by hail. 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. DPS SPV #105236 AOS Claim 2334 Request for Payment.pdf (1.09 MB)

7. G.Department of Public Safety………………....………………………..…...................$10,024.81
   On September 9, 2022, State Patrol Vehicle #105401 was damaged by a deer. 
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• G. DPS Vehicle #105401 AOS Claim 2380 Request for Payment.pdf (2.29 MB)

8. H.Department of Public Safety………………....……………...........................................$8,259.17
   On October 31, 2022, State Patrol Vehicle #434 was damaged by a deer. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $6,182.23 will be reverted and this allocation closed.

• H. DPS SPV #434 AOS Claim 2386 Request for Payment.pdf (2.82 MB)

9. I.Department of Human Services - Woodward Resource Center………………..........$442,008.60
   On July 10, 2021, a storm caused window, roof and siding damage at the Woodward Resource Center. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $144,871.40 will be reverted and this allocation closed.

• I. DHS WRC AOS Claim 2145 Request for Payment.pdf (7.31 MB)

10. J.Iowa Communications Network………………………...…....……………...................$4,813.28
    On August 10, 2020, a derecho caused damages to equipment, fiber cable, HVAC and service outages. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment, $56,451.08 will be reverted and this allocation closed.

• J. ICN Derecho AOS Claim 2001 Payment Request.pdf (2.45 MB)

11. K.Board of Regents - University of Iowa………………....……………..........................$40,275.78
    On May 23, 2020, a sewer back up caused damages to the Lindquist Center. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• K. IOWA Linquist Center AOS Claim 1934 Payment Request.pdf (2.05 MB)

12. L.Board of Regents - University of Iowa………………....……………........................$247,270.29
    On June 20, 2020, a broken leg on the exterior fire hydrant caused water damages to the Main Library. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• L. IOWA Main Library AOS Claim 1958 Payment Request.pdf (18.57 MB)

13. M.Board of Regents - University of Iowa ………………....…………….........................$20,508.88
    On July 26, 2020, an air handling unit leak caused water damages to the Sciences Library. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• M. IOWA Science Library AOS Claim 1976 Payment Request.pdf (0.89 MB)

14. N.Board of Regents - University of Iowa ………………....……………..…...................$14,611.05
    On March 9, 2021, snow and ice caused damages to the lighting protection system at the Hawkeye Tennis and Recreation Center. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment.

• N. IOWA HTRC AOS Claim 2082 Payment Request.pdf (1.25 MB)

15. O.Richard J. Bennett, Sr..…………………………………………….……………….......$2,862.00
    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.  

• O. Richard Bennett Invoice Jan. 2023.pdf (1.10 MB)

16. P.Gray Miller Persh, LLP……………………………………...........................................$2,359.80
    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.

• P. Gray Miller Persch Inv 38164.pdf (0.68 MB)

17. Q.Patterson Law Firm L.L.P…….………………..………...................................................$616.00
    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. 

• Q-Y. Patterson Law Firm.pdf (4.66 MB)

18. R.Patterson Law Firm L.L.P….……………..….……………………………...................$1,328.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                                 
    Robert Allen v. University of Iowa Hospitals & Clinics, 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. 

• Q-Y. Patterson Law Firm.pdf (4.66 MB)

19. S.Patterson Law Firm L.L.P….……………..….………………………………....................$48.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                                 
    Robert Allen v. University of Iowa Hospitals & Clinics, 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. 

• Q-Y. Patterson Law Firm.pdf (4.66 MB)

20. T.Patterson Law Firm L.L.P….……………..….……………………..……........................$336.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                                         
    Donald Briggle v. Iowa DOT, 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. 

• Q-Y. Patterson Law Firm.pdf (4.66 MB)

21. U.Patterson Law Firm L.L.P…….………………..………...................................................$957.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Joseph Bernard Lampe v. Iowa State Penitentiary 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. 

• Q-Y. Patterson Law Firm.pdf (4.66 MB)

22. V.Patterson Law Firm L.L.P….……………..….………………..........................................$176.00
    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. 

• Q-Y. Patterson Law Firm.pdf (4.66 MB)

23. W.Patterson Law Firm L.L.P…….………………..………...................................................$146.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Leland Mitchell 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. 

• Q-Y. Patterson Law Firm.pdf (4.66 MB)

24. X.Patterson Law Firm L.L.P…….…………………..………..………..............................$1,376.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Debra Oelrich v. University of Iowa Hospitals & Clinics, 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. 

• Q-Y. Patterson Law Firm.pdf (4.66 MB)

25. Y.Patterson Law Firm L.L.P…….………………..………...................................................$228.00
    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. 

• Q-Y. Patterson Law Firm.pdf (4.66 MB)

26. Z.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.

• Z. Michael Marquess Invoice #2649.pdf (0.78 MB)

27. AA.Davis, Brown, Koehn, Shors & Roberts, P.C………………………….............................$617.80
    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.

• ZAA. DNR Dentons Stmt 1527574.pdf (0.65 MB)

28. BB.Davis, Brown, Koehn, Shors & Roberts, P.C…………………………..............................$97.50
    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.

• ZBB. DOR Dentons Stmt 1527500.pdf (0.62 MB)

8.Information Items

1. A.Notification from the State Auditor’s Office that funds previously allocated for the Iowa State Fair to cover damages to the Administration Building on April 29, 2021 are not required; $6,750.91 will be reverted and this allocation closed.

• A. ISF Administration Building AOS Claim 2111 Reversion Letter.pdf (1.10 MB)

2. B.Notification from the State Auditor’s Office that funds previously allocated for the Department of Corrections - Iowa Medical and Classification Center to cover the emergency replacement of the main facility boiler on November 13, 2020 are not all needed. $21,046.41 will be reverted and this allocation closed.

• B. DOC IMCC AOS Claim 2106 Reversion Letter.pdf (0.16 MB)

9.Adjourn Meeting