Legislature(1997 - 1998)

04/30/1997 08:07 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       SB 178 ANCHORAGE OFFICE BUILDING                                        
                                                                               
       Testimony was heard from  DUGAN PETTY, FORREST  BROWNE,                 
       BOB PARKS,  DOUGLAS  EXWORTHY, KEITH  GERKEN and  MITCH                 
       GRAVO.   SENATOR DONLEY  MOVED Amendment  #1.   COCHAIR                 
       PEARCE objected.  Amendment #1 FAILED by a vote of 3 to                 
       3.  SENATOR  DONLEY MOVED Amendment #2.   COCHAIR SHARP                 
       objected, then withdrew his objection.  Without further                 
       objection,  Amendment  #2 was  ADOPTED.  SENATOR DONLEY                 
       MOVED Amendment #2.  COCHAIR SHARP objected.  Amendment                 
       Amendment  #4.   Without  objection,  Amendment #4  was                 
       ADOPTED.     SENATOR  PHILLIPS  MOVED   the  bill  from                 
       committee  with  individual  recommendations.   Without                 
                                                                               
                                                                               
       objection, CSSB 178(FIN) was  REPORTED OUT with  fiscal                 
       notes from the Department of Revenue and the Department                 
       of Administration (1823.0) and (<914.6>).                               
                                                                               
  SENATE BILL NO. 178                                                          
  "An  Act  giving notice  of  and approving  a lease-purchase                 
  agreement by the Department of  Administration for an office                 
  building  in  Anchorage; relating  to  the financing  of the                 
  lease-purchase  agreement; and  providing  for an  effective                 
  date."                                                                       
                                                                               
  BOB PARKS, President, and  DOUGLAS EXWORTHY, Executive Vice-                 
                                                                               
                                                                               
  President, TRF Pacific, Inc., addressed  the committee.  MR.                 
  PARKS explained  that their company  was one of  two general                 
  partners in the Frontier building.  They intended to present                 
  a proposal for a long-term lease for state occupancy in that                 
  building.    He noted  they had  not  been asked  to  make a                 
  proposal until a  couple weeks ago by a member  of the House                 
  Finance Committee.  He passed the  proposal out to committee                 
  members (copy on file) and explained the details.                            
                                                                               
  MR.  EXWORTHY asked  that the  Department of  Administration                 
  include  certain factors  in  their analysis  of  comparison                 
  between  the purchase of  the Bank  of America  building and                 
  their long-term lease proposal.   He further discussed areas                 
  of concern regarding development, parking and risks inherent                 
  in long-term ownership of real estate.                                       
                                                                               
  SENATOR  PARNELL  inquired  about  the  time period  of  the                 
  proposal and operating costs.  He also asked about including                 
  the value of  existing leases.   SENATOR PHILLIPS asked  for                 
  the department's response  to the  proposal.  COCHAIR  SHARP                 
  expressed concern that it was a contingent proposal based on                 
  approval of three  additional lenders within a  limited time                 
  period.                                                                      
                                                                               
  DUGAN  PETTY,  Director,   Division  of  General   Services,                 
  Department of  Administration, had received the  proposal at                 
  the  same  time as  committee  members.    He commended  the                 
  management of the  Frontier building on behalf of the state.                 
  He noted that the proposal had  a smaller square footage and                 
  a different  method and length of control  of the space.  He                 
  believed  the   Bank  of  America  scenario   compared  more                 
  favorably for the state  than the proposal for the  Frontier                 
  building.                                                                    
                                                                               
  There was additional  lengthy discussion between MR.  PETTY,                 
  COCHAIR PEARCE  and SENATOR  TORGERSON regarding details  of                 
  the pros and cons of the two buildings.                                      
                                                                               
  FORREST BROWNE, Debt  Manager, Treasury Division, Department                 
  of  Revenue, was  invited to joint  the committee.   COCHAIR                 
  PEARCE asked him  about falling interest rates  with respect                 
  to financing of  the Bank of  America building.  MR.  BROWNE                 
  responded that  they retain  some flexibility to  refinance,                 
  but there would  be a cost.   He explained further.   He had                 
  recently reconfirmed  the timing  schedule with  the lender,                 
  noting  that  it was  important.    He  was  confident  that                 
  flexibility  may be  extended  based on  a  showing of  good                 
  faith.                                                                       
                                                                               
  In response  to a question  from SENATOR DONLEY,  MR. BROWNE                 
  explained that  they would have  no authority to  accept the                 
  Frontier building proposal without special legislation.                      
                                                                               
  SENATOR DONLEY MOVED Amendment #1.  COCHAIR PEARCE objected.                 
                                                                               
                                                                               
  SENATOR DONLEY  explained that  the amendment would  require                 
  the state to continue to pay property tax to communities for                 
  existing  buildings  that  they  purchase.   He  noted  that                 
  Anchorage taxpayers would be paying the cost and subsidizing                 
  the  building.   The amendment  dealt only with  purchase of                 
  existing buildings.                                                          
                                                                               
  SENATOR  TORGERSON asked if the footage  rented by the state                 
  in the Frontier building was exempt from municipal taxation.                 
  COCHAIR SHARP said  it was not.  MR. PETTY confirmed.  There                 
  was  discussion about  the  fact that  municipalities  could                 
  grant an exemption to taxation.                                              
                                                                               
  SENATOR DONLEY  noted Amendment #1 would apply to all future                 
  purchases.                                                                   
                                                                               
  A roll call vote was taken  on the MOTION to adopt Amendment                 
  IN FAVOR: Torgerson, Parnell, Donley                                         
  OPPOSED: Phillips, Pearce, Sharp                                             
  Amendment #1 FAILED by a vote of 3 to 3.                                     
                                                                               
                                                                               
  End SFC-97 #134, Side 1, Begin Side 2                                        
  SENATOR DONLEY MOVED Amendment #2.   COCHAIR SHARP objected.                 
  SENATOR DONLEY explained that there should be a guarantee of                 
  public access to  parking.  There was  additional discussion                 
  between SENATORS DONLEY and PHILLIPS, COCHAIR PEARCE and MR.                 
  PETTY about the issue of parking.                                            
                                                                               
  COCHAIR  SHARP  withdrew  his objection.    Without  further                 
  objection, Amendment #2 was ADOPTED.                                         
                                                                               
  SENATOR DONLEY MOVED Amendment #3.   COCHAIR SHARP objected.                 
  SENATOR  DONLEY  explained  that  the amendment  dealt  with                 
  parking fees for lower salaried  employees.  SENATOR PARNELL                 
  agreed with the  concept but questioned  how it would  work.                 
  He also questioned  the impact and practicality.   MR. PETTY                 
  did not have  the information before  him to respond to  the                 
  question.  COCHAIR PEARCE inquired if the state paid parking                 
  for lower range employees of the court system.                               
                                                                               
  KEITH GERKEN,  Gerken and Associates, Juneau, explained that                 
  there  was no statewide policy.   Some spaces were allocated                 
  to judicial  officers, others  were on a  first come,  first                 
  served basis.  Some paid for  their own parking by necessity                 
  because of lack of spaces.                                                   
                                                                               
  A roll call vote  was taken on the MOTION to adopt Amendment                 
  IN FAVOR: Donley                                                             
  OPPOSED: Parnell, Phillips, Pearce, Sharp                                    
  Amendment #3 FAILED by a 1 to 4 vote.                                        
                                                                               
                                                                               
  SENATOR PHILLIPS noted a proposed  letter of intent, stating                 
  that he  would rather have  it added to the  language of the                 
  bill.   It  would protect  people  already in  the  building                 
  regarding standard of  maintenance and  parking.  MR.  PETTY                 
  spoke to the concerns,  explaining that they would be  bound                 
  to  the  existing leases  and  would honor  existing rights.                 
  Additional discussion ensued  among all  members present  at                 
  the table regarding existing tenant leases.                                  
                                                                               
  SENATOR PHILLIPS MOVED  the intent language as  a conceptual                 
  Amendment #4.  Without objection,  Amendment #4 was ADOPTED.                 
                                                                               
                                                                               
  MITCH   GRAVO,   Lobbyist,    Frontier   Building    Limited                 
  Partnership, commented that the department negotiated a sole                 
  source agreement to  purchase the Bank of  America building.                 
  He asked if  and when  the commissioner had  made a  written                 
  finding that  the sole source  negotiation was  appropriate,                 
  and if so,  he requested a  copy.  MR. PETTY  responded that                 
  under AS 36.38.050, the acquisition of real property was not                 
  subject to that type of determination.                                       
                                                                               
  SENATOR   PHILLIPS  MOVED  the   bill  from  committee  with                 
  individual recommendations.                                                  
                                                                               
  SENATOR  DONLEY   objected  for   the  purpose   of  further                 
  discussion.  He had concerns that the proposal was unfair to                 
  Anchorage  property  taxpayers   and  suggested  the   state                 
  continue to pay  property tax  on the building.   MR.  PETTY                 
  responded that the state would continue  to pay a portion of                 
  property  tax   for  private  interests  remaining   in  the                 
  building, but would be exempt itself.                                        
                                                                               
  SENATOR  PHILLIPS  expressed   similar  concerns   regarding                 
  property  tax  as well  as  the  sole source  nature  of the                 
  contract in light of the new proposal.                                       
                                                                               
  SENATOR  DONLEY  withdrew  his objection.    There  being no                 
  further  objection,  CSSB  178(FIN)  was  REPORTED  OUT with                 
  fiscal  notes  from  the  Department  of  Revenue,  and  the                 
  Department of Administration (1823.0) and (<914.6>).                         

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