Executive Council of Iowa Monday, June 03, 2024 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 May 6, 2024.

• 05-06-2024 Minutes.pdf (0.30 MB)

2.Personal Appearances

1. A.John Benson, Director of Iowa Homeland Security and Emergency Management Department, will be present to request a Resolution of Funds in the amount of $475,150.00 pursuant to Iowa Code §29C.20A and Iowa Code §29C.20AB with regard to the Governor’s Proclamation of a State of Disaster Emergency for Allamakee, Cass, Clark, Crawford, Des Moines, Fayette, Harrison, Henry, Lee, Marion, Mills, O'Brien, Polk, Pottawattamie, Ringgold, Shelby and Union counties.

• A. Governor’s Proclamation of a State of Disaster Emergency – Request for Funds.pdf (9.29 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 $6,470.00.

• A. SVP 06.03.2024.pdf (0.64 MB)

4.Special Counsel

1. A.The Department of Justice, Attorney General’s Office, requests renewal of the retention of Richard J Bennett, to represent State of Iowa in criminal appeals case through June 30, 2025.
   
   Attorney:                                 Richard J. Bennett 
                                                                    5610 Waterbury Circle
                                                                    PO Box 65666
                                                                    West Des Moines, IA 50265
   Rate:                                                 $60/hour

• A. Criminal Appeals Renewal Request Richard Bennett.pdf (0.69 MB)

5.Purchase

1. A.The Department of Public Safety requests approval to purchase a single two-building complex located at 50 Forest Avenue and 1333 Ohio Street in Des Moines, at a price not to exceed $10,750,000. The approval will allow the Department to reduce its footprint from four (4) disparate buildings (District 1, District 15, Fleet & Supply, and Large Vehicle Storage) to a single two-building complex.

• A. DPS Facilities Purchase Request.pdf (7.10 MB)

6.Emergency Allocations

1. A.Department of Administrative Services is requesting a supplemental emergency allocation in the amount of $1,151.25. This brings the total allocation to $3,492.21. On January 26, 2024, Vehicle #80 was damaged by a raccoon. 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. DAS Vehicle #80 AOS Claim 3688 Request for Supplemental Allocation and Payment.pdf (1.98 MB)

2. B.Department of Administrative Services is requesting a supplemental emergency allocation in the amount of $746.55. This brings the total allocation to $5,461.52. On January 27, 2024, Vehicle #151 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.

• B. DAS Vehicle #151 AOS Claim 3687 Request for Supplemental Allocation and Payment.pdf (1.37 MB)

7.Payment of Cost Items

1. A.Board of Regents ………………....……………...................$50,444.19
   On December 28, 2022, Eckstein Medical Research Building was damaged due to a frozen water line/water leak. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment.

• A. BOR IOWA Eckstein Medical Research Building AOS Claim 2431 Payment Request.pdf (1.06 MB)

2. B.Department of Natural Resources ………………....……………...................$2,730.00
   On October 13, 2023, picnic tables at Lewis and Clark State Park were damaged by a storm. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment.

• B. DNR Lewis and Clark State Park AOS Claim 3530 Payment Request.pdf (3.21 MB)

3. C.Department of Corrections ………………....……………...................$95,972.97
   On December 19, 2023, two water heaters at Anamosa State Penitentiary were damaged due to a fire/gas leak. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment.

• C. DOC Anamosa Water Heater AOS Claim 3675 Payment Request.pdf (1.08 MB)

4. D.Iowa Communications Network ………………....……………...................$46,677.23
   On November 30, 2023, a cable along US 30 near the Carroll and Greene County Line were damaged by a rodent chew. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment. The remaining allocation should be reverted to the State Treasury.

• D. ICN Carroll and Greene County Line Cable AOS Claim 3639 Payment Request.pdf (3.16 MB)

5. E.Iowa Communications Network ………………....……………...................$11,193.84
   On December 11, 2023, a cable along 230th Street in Madison County was exposed due to excessive erosion. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment, $2,003.52 will be reverted and this allocation closed.

• E. ICN Madison County Erosion AOS Claim 3640 Payment Request.pdf (2.45 MB)

6. F.Department of Public Safety ………………....……………...................$6,267.45
   On April 8, 2023, State Patrol Vehicle #175 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.

• F. DPS SPV #175 AOS Claim 3693 Payment Request.pdf (5.29 MB)

7. G.Department of Public Safety ………………....……………...................$4,146.25
   On May 7, 2023, State Patrol Vehicle #30 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.

• G. DPS SPV #30 AOS Claim 3524 Payment Request.pdf (1.42 MB)

8. H.Department of Public Safety ………………....……………...................$24,340.00
   On December 19, 2023, Hardin ISICS Communication Tower was damaged by a lightning strike. 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. DPS Hardin ISICS Communication Tower AOS Claim 3617 Payment Request.pdf (1.43 MB)

9. I.Department of Administrative Services ………………....……………...................$4,721.55
   On July 3, 2023, Vehicle #2566 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.

• I. DAS Vehicle #2566 AOS Claim 3561 Payment Request.pdf (0.72 MB)

10. J.Department of Administrative Services ………………....……………...................$6,043.75
    On November 7, 2023, Vehicle #2318 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, $228.75 will be reverted and this allocation closed.

• J. DAS Vehicle #2318 AOS Claim 3635 Payment Request.pdf (4.10 MB)

11. K.Department of Administrative Services ………………....……………...................$4,537.53
    On November 8, 2023, Vehicle #2166 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, $179.19 will be reverted and this allocation closed.

• K. DAS Vehicle #2166 AOS Claim 3634 Payment Request.pdf (1.05 MB)

12. L.Department of Administrative Services ………………....……………...................$3,654.80
    On November 23, 2023, Vehicle #160 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, $535.00 will be reverted to the State Treasury and this allocation closed.

• L. DAS Vehicle #160 AOS Claim 3652 Payment Request.pdf (5.42 MB)

13. M.Department of Administrative Services ………………....……………...................$3,425.19
    On December 15, 2023, Vehicle #298 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, $44.63 will be reverted and this allocation closed.

• M. DAS Vehicle #298 AOS Claim 3648 Payment Request.pdf (0.94 MB)

14. N.Department of Administrative Services ………………....……………...................$7,470.45
    On December 20, 2023, Vehicle #196 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, $1,382.80 will be reverted and this allocation closed.

• N. DAS Vehicle #196 AOS Claim 3646 Payment Request.pdf (4.87 MB)

15. O.Department of Administrative Services ………………....……………...................$4,666.43
    On December 29, 2023, Vehicle #642 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, $550.60 will be reverted and this allocation closed.

• O. DAS Vehicle #642 AOS Claim 3651 Payment Request.pdf (1.14 MB)

16. P.Department of Administrative Services ………………....……………...................$4,498.05
    On February 9, 2024, Vehicle #98 was damaged by a raccoon. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment, $1,365.50 will be reverted and this allocation closed.

• P. DAS Vehicle #98 AOS Claim 3701 Payment Request.pdf (1.27 MB)

17. Q.Department of Administrative Services ………………....……………...................$2,309.55
    On March 16, 2024, Vehicle #196 was damaged by a raccoon. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment, $341.95 will be reverted and this allocation closed.

• Q. DAS Vehicle #196 AOS Claim 3713 Payment Request.pdf (1.34 MB)

18. R.Landmark Law, PLLC…….………………..………......................................................$360.00
    7 West 6th Avenue, Suite 518
    Helena, MT 59601
    McCleary v. Nelmark and Beattie, United States District Court of Montana
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the General Fund.

• R. Landmark Law Invoice 182.pdf (0.61 MB)

19. S.Betty Neuman McMahon, PLC…….………………..………........................................$140.00
    1900 East 54th Street
    Davenport, IA 52807
    Special Counsel McKenrick v. State of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the General Fund.

• S. Betty Neuman and McMahon Invoice 136040 McKenrick.pdf (0.60 MB)

20. T.Richard J. Bennett, Sr..…………………………………….……………………….......$1,560.00
    PO Box 65666
    West Des Moines, IA 50265
    Special Counsel for the Criminal Appeals Division of the Iowa Attorney General’s Office
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Attorney General’s Office’s Forfeiture Fund.  

• T. Richard Bennett AG Invoice April 2024.pdf (1.09 MB)

21. U.Gray Miller Persh, LLP…………………………………….….........................................$442.00
    2233 Wisconsin Avenue NW 
    Suite 226 
    Washington, D.C. 20007
    Iowa PBS
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from Iowa PBS.

• U. Gray Miller Persh Invoice 40587.pdf (0.54 MB)

22. V.Patterson Law Firm L.L.P…….………………..…….......................................................$288.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Amy Ausborn v. Eldora State Training School and State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

• V-DD. Patterson.pdf (0.80 MB)

23. W.Patterson Law Firm L.L.P….……………..….………………………....……..................$1,319.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                          
    John Baker v. Iowa Veterans Home and State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.  

• V-DD. Patterson.pdf (0.80 MB)

24. X.Patterson Law Firm L.L.P…….………………..…….........................................................$128.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Betty Detert v. DHS Johnson County and State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

• V-DD. Patterson.pdf (0.80 MB)

25. Y.Patterson Law Firm L.L.P….……………..….………………………..……......................$407.60
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                          
    David Funk v. Iowa State Fair and State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.  

• V-DD. Patterson.pdf (0.80 MB)

26. Z.Patterson Law Firm L.L.P….……………..….………………..........................................$32.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                              
    Jason Hawk v. Iowa State Penitentiary and State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the Second Injury Fund. 

• V-DD. Patterson.pdf (0.80 MB)

27. AA.Patterson Law Firm L.L.P…….………………..…….......................................................$48.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Sharon Jackson v. University of Iowa Hospitals and Clinics and State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

• V-DD. Patterson.pdf (0.80 MB)

28. BB.Patterson Law Firm L.L.P…….…..……………..…….......................................................$48.00
    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
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund. 

• V-DD. Patterson.pdf (0.80 MB)

29. CC.Patterson Law Firm L.L.P…….………………..………...................................................$357.00
    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
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund. 

• V-DD. Patterson.pdf (0.80 MB)

30. DD.Patterson Law Firm L.L.P…….………………..……….....................................................$550.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Jeffrey Welder v. Iowa State University, State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund. 

• V-DD. Patterson.pdf (0.80 MB)

8.Information Items

1. A.Introduction of new Executive Council Executive Secretary, Kristi Onstot. 

2. B.The Board of Canvass will convene on Monday, July 1, 2024 at 10:00 AM via teleconference following Executive Council.

3. C.The City of Nashua made their fourth Contingency Loan payment of $10,792.35. This loan was approved for $754,933.00 on March 8, 2021, and is prorated not to exceed twenty years. Total repayment to date: $754,933.00. 

4. D.Fremont County made their fourth Contingency Loan payment of $15,000.00. This loan was approved for $131,250.00 on October 19, 2020, and is prorated not to exceed twenty years. Total repayment to date: $37,562.50. 

5. E.Correspondence received by Robert Gast, State Court Administrator, Judicial Branch. 

• Ltr to Gov_Exec Council re 2B DJNC.pdf (0.20 MB)

9.Adjourn Meeting