Legislature(2007 - 2008)SENATE FINANCE 532

02/25/2008 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 223 G.O. BONDS FOR CRIME LAB TELECONFERENCED
Heard & Held
+ SB 224 G.O. BONDS FOR TRANSPORTATION PROJECTS TELECONFERENCED
Heard & Held
+ SB 236 TRANSPORTATION FUND TELECONFERENCED
Bill Postponed To 02/27/08
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 223                                                                                                           
                                                                                                                                
     "An Act  providing for and  relating to the  issuance of                                                                   
     general obligation  bonds for the purpose  of paying the                                                                   
     cost  of a  scientific crime  detection laboratory;  and                                                                   
     providing for an effective date."                                                                                          
                                                                                                                                
JOHN  GLASS,   DEPUTY  COMMISSIONER,  DEPARTMENT   OF  PUBLIC                                                                   
SAFETY, related  that the bill seeks funding  through general                                                                   
obligation  bonds  for a  state  crime lab.    In 2004-5  the                                                                   
legislature appropriated  $4.8 million for the  review design                                                                   
and construction  of a scientific  crime lab.  Based  on that                                                                   
legislation,  the  Department  of Transportation  and  Public                                                                   
Facilities  (DOT)   contracted  with  Livingston   Sloan  and                                                                   
Associates,   an   architecture   firm  in   Anchorage,   who                                                                   
subcontracted to  a firm from  Virginia, McClaren,  Wilson, &                                                                   
Lowrie, who put together a proposal  for a crime lab into the                                                                   
future.    The  plan  came back  as  an  83,000  square  foot                                                                   
building to house current and future needs.                                                                                     
                                                                                                                                
Mr. Glass reported that the 14,000  square foot current crime                                                                   
lab was built in  1986 to house 14 people.   It now houses 41                                                                   
people.   With the  onset of  DNA testing  in 1994,  the work                                                                   
load increased exponentially.   The crime lab is only able to                                                                   
process 350  of 1,000 DNA samples  each month, due to  a lack                                                                   
of space.                                                                                                                       
                                                                                                                                
Mr.  Glass  noted  that  34  properties   in  Anchorage  were                                                                   
evaluated  resulting in  15 acres  of land  just west of  the                                                                   
current crime lab being selected.                                                                                               
                                                                                                                                
9:11:28 AM                                                                                                                    
                                                                                                                                
Senator  Elton said  he was  convinced  of the  need for  the                                                                   
facility.    He  requested more  information  about  how  the                                                                   
square footage  and the price  tag for the lab  were decided.                                                                   
Mr.  Glass explained  that McClaren,  Wilson,  & Lowrie  made                                                                   
those determinations.   It would  take 57,000 square  feet to                                                                   
meet today's  needs; however,  the plan is  to build  for the                                                                   
future and for  expected expansion.  Senator  Elton asked who                                                                   
McClaren,  Wilson, &  Lowrie are.   Mr.  Glass reported  that                                                                   
they are an architectural firm  specializing in the design of                                                                   
crime  labs.   The  forensic lab  supervisor,  Orin Dym,  has                                                                   
participated with Mr. Lowrie in  two crime laboratories built                                                                   
in Arizona.  The staff at the  crime lab has also contributed                                                                   
to the design plan.                                                                                                             
                                                                                                                                
Co-Chair Stedman asked for more  information about the $1,000                                                                   
per square foot cost.                                                                                                           
                                                                                                                                
9:14:38 AM                                                                                                                    
                                                                                                                                
MATT   TANAKA,   ENGINEER,   CONSTRUCTION   AND   OPERATIONS,                                                                   
DEPARTMENT OF  TRANSPORTATION AND PUBLIC  FACILITIES, replied                                                                   
that the $1,000 figure is the  project cost and excludes site                                                                   
development  and lab equipment  costs.   The cost per  square                                                                   
foot from  $1,000 - $1,300  for laboratories is  because they                                                                   
are full of equipment and very dense.                                                                                           
                                                                                                                                
Co-Chair Stedman asked if there  were any overlap of services                                                                   
from the  Fairbanks Virology Lab.   Mr. Glass  explained that                                                                   
anything that  could be done in  the virology lab  is already                                                                   
being  done in  the  crime lab.    The science  criteria  are                                                                   
different in a virology lab.                                                                                                    
                                                                                                                                
Co-Chair  Stedman asked  about  the possibility  of a  phased                                                                   
construction  plan  with the  current  facility.   Mr.  Glass                                                                   
pointed out the  increased costs of $6 to $10  million a year                                                                   
for delaying  construction with a  phased plan.   The current                                                                   
construction is  a 3.5 year plan.   He explained how  a piece                                                                   
of evidence moves  between labs within the building.   Moving                                                                   
evidence  from  one  building  to  another  brings  up  cross                                                                   
contamination and custody issues.                                                                                               
                                                                                                                                
9:17:45 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  asked  about  the  Division  of  Elections                                                                   
fiscal note #1.   He wondered if the only  public information                                                                   
for  about the  project would  be contained  in the  election                                                                   
pamphlet at the  cost of $1,500.  He asked if  there were any                                                                   
other  efforts  to  convince  the  general  public  that  the                                                                   
facility is  needed.  Mr. Glass  replied that there  would be                                                                   
additional  presentations to  the public.   Co-Chair  Hoffman                                                                   
asked if  those expenditures  were within  the Department  of                                                                   
Public Safety budget.  Mr. Glass  said yes.  Co-Chair Hoffman                                                                   
asked which communities would  have presentations.  Mr. Glass                                                                   
offered  to go  to  as many  places as  he  could because  he                                                                   
strongly believes in the need  for a new crime lab.  Co-Chair                                                                   
Hoffman thought  there needed to  be a broad base  of support                                                                   
for the project.                                                                                                                
                                                                                                                                
9:20:12 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  asked about  operational costs  to maintain                                                                   
the facility.   Mr. Glass reported  that he only has  a rough                                                                   
estimate of those costs based  on the two current state labs;                                                                   
$1.3  million per  year.   Co-Chair  Hoffman  asked if  there                                                                   
would  be  a  need  for  more  than  the  current  number  of                                                                   
positions.   Mr.  Glass noted  that currently  there were  41                                                                   
positions,  with  the  possible  addition of  only  one  more                                                                   
maintenance position.                                                                                                           
                                                                                                                                
Co-Chair  Stedman wondered  why  there was  a  need for  more                                                                   
square  footage,  but not  for  more  employees.   Mr.  Glass                                                                   
explained that  41 employees are  working in a  14,000 square                                                                   
foot building.   They will move  into a facility  with 83,000                                                                   
square feet.  He described the  currently crowded conditions.                                                                   
He referred  to a  bill from last  year which allocated  five                                                                   
new DNA  analysts.   Down the road  more disciplines  will be                                                                   
added.     Toxicology  is   currently  being  outsourced   to                                                                   
Washington.                                                                                                                     
                                                                                                                                
Co-Chair  Stedman concluded  it  was a  six-time increase  in                                                                   
square footage.  He wondered how  to sell that concept to the                                                                   
public.  He asked  about the need for such a  large expansion                                                                   
and requested  more information  about  what would happen  to                                                                   
the old  crime lab  building.   Mr. Glass  reported that  the                                                                   
existing  facility  would  be   converted  to  office  space,                                                                   
preferably  for the department.   The  current building  does                                                                   
not  handle the  large amount  of  heat generated  well.   He                                                                   
described how cramped  the current space is.   The garage for                                                                   
processing  vehicles  is  very crowded  and  requires  moving                                                                   
items out of the way in order to examine a vehicle.                                                                             
                                                                                                                                
9:26:16 AM                                                                                                                    
                                                                                                                                
Senator  Olson wondered  about locating  the crime  lab in  a                                                                   
less expensive area  of the state, such as Kenai.   Mr. Glass                                                                   
reported  that  other  areas had  been  considered;  however,                                                                   
Anchorage is the center of transportation.   Mr. Glass shared                                                                   
that 72 percent of the crime lab  business is from Anchorage,                                                                   
and  involves  custody issues.    The department  is  working                                                                   
through  the Heritage  Land Bank  to purchase  15.3 acres  of                                                                   
land on a 40-year lease at no cost to the state.                                                                                
                                                                                                                                
Senator  Olson asked  what portion  of the  evidence is  time                                                                   
sensitive and  needs to be close  to the airport.   Mr. Glass                                                                   
said it is more a matter of convenience.   He gave an example                                                                   
of bringing evidence  from Nome and the  potential difficulty                                                                   
of transporting it  to places other than Anchorage.   Senator                                                                   
Olson thought  it would be  cheaper to  fly to Kenai  than to                                                                   
drive there.                                                                                                                    
                                                                                                                                
9:29:41 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  asked about page  2, section 3 of  the bill                                                                   
regarding  the amount  referred to  in the  fiscal note.   It                                                                   
says there will be a laboratory  project fund of $100 million                                                                   
and up to $6 million in anticipated  investment earnings.  He                                                                   
wondered if it  is the intent that the $100  million would be                                                                   
set up  in an  investment account  once the  bonds were  sold                                                                   
and, before the construction commences,  the department would                                                                   
earn $6  million.  He  questioned if  it is $6 million  above                                                                   
and beyond the  $100 million.  Mr. Glass replied  that the $6                                                                   
million would be  in addition to the $100 million.   Co-Chair                                                                   
Hoffman  said the  fiscal note  was not correct.   Mr.  Glass                                                                   
explained  that  the fiscal  note  is  correct in  that  $100                                                                   
million is  requested and $6  million is interest.   Co-Chair                                                                   
Hoffman clarified that the interest  on $100 million would be                                                                   
$6 million  in investment earnings.   Mr. Glass said  that is                                                                   
what  is anticipated.   Co-Chair  Hoffman asked  how long  it                                                                   
would take  to earn the $6  million.  The fiscal  note states                                                                   
that there  would be approval  by November 2008 and  the debt                                                                   
service   would  commence   by   2010,   which  would   allow                                                                   
approximately  two   years  to  construct  the   funds.    He                                                                   
requested  a  time  table  as  to  how  the  money  would  be                                                                   
invested.                                                                                                                       
                                                                                                                                
9:32:37 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman   asked  if  $100  million   would  include                                                                   
necessary equipment.  Mr. Glass said it would.                                                                                  
                                                                                                                                
Senator Thomas asked if the building  is a re-creation of the                                                                   
other two previous designs with  savings in mind.  Mr. Tanaka                                                                   
related  that it  is  the third  project  he  has managed  in                                                                   
Alaska.   He  explained  that  there are  some  commonalities                                                                   
between the labs,  but crime labs are very  specific in their                                                                   
needs and  require custom  design.  He  said reported  on how                                                                   
the  crime  lab  was designed  with  the  expertise  of  Bill                                                                   
Lowrie.                                                                                                                         
                                                                                                                                
Senator Thomas  asked if a crime  lab worked well  in another                                                                   
state, would it  be possible to eliminate some  of the design                                                                   
work for an  Alaskan model.  He  asked if the design  cost is                                                                   
about 10  percent of  the total project.   Mr. Tanaka  agreed                                                                   
that it was about  10 percent.  He explained  what the design                                                                   
work entails.  He assured the  committee of the design team's                                                                   
credentials.                                                                                                                    
                                                                                                                                
Senator Thomas  asked where DNA  is handled now and  how much                                                                   
it costs.                                                                                                                       
                                                                                                                                
ORIN DYM, FORENSIC LAB MANAGER,  DEPARTMENT OF PUBLIC SAFETY,                                                                   
explained  that all  DNA  criminal casework  is  done in  the                                                                   
crime  lab.   The  database  samples  have  been  outsourced;                                                                   
however, with the  HB 90, those will be moving  in house. The                                                                   
staff  is currently  41 people  with  the need  for one  more                                                                   
custodial  position.    Over twenty  years  the  staff  would                                                                   
increase to 62 employees.                                                                                                       
                                                                                                                                
9:38:46 AM                                                                                                                    
                                                                                                                                
Senator  Olson asked  about the  $4.8  million allocated  for                                                                   
design  money.  Mr.  Tanaka replied  that money  was part  of                                                                   
project costs.   The money requested  in the current  bill is                                                                   
for  completion  of  the  design   and  construction  of  the                                                                   
building.                                                                                                                       
                                                                                                                                
Senator Elton asked how the cost  per square foot compares to                                                                   
the DEC lab cost.  He wondered  if the people involved in the                                                                   
design of  the crime lab  are involved  in the design  of the                                                                   
DEC lab.   He  mentioned several  problems  with the DEC  lab                                                                   
design.   Mr. Tanaka said he  was the project manager  of the                                                                   
DEC  lab  and   the  virology  lab.    The   same  architect,                                                                   
Livingston Sloan was  used for both of those labs  as well as                                                                   
for the  Public Health  Lab Medical  Examiners facility.   He                                                                   
reported  on the  risks  and  problems in  designing  complex                                                                   
labs.  He described a high rate of confidence in his team.                                                                      
                                                                                                                                
Senator Elton requested  the cost per square foot  of the DEC                                                                   
lab.  Mr.  Tanaka reported that  the DEC lab cost  about $950                                                                   
per  square foot,  the virology  lab cost  $1,140 per  square                                                                   
foot,  and the crime  lab will  cost about  $1000 per  square                                                                   
foot.   The  differences in  cost are  not that  significant.                                                                   
The DEC  and virology lab costs  were based on  market prices                                                                   
and  based  on   real  construction  dollars.     He  further                                                                   
explained how the figures were  determined for the crime lab.                                                                   
                                                                                                                                
9:43:47 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman requested  a  written  response to  Senator                                                                   
Elton's  question  regarding  financial  comparisons  of  the                                                                   
projects,   including  beyond   square   footage  costs   and                                                                   
contingency numbers.                                                                                                            
                                                                                                                                
Senator Thomas  asked if the project  was out to bid  and how                                                                   
contractors were selected.  Mr.  Tanaka replied that they are                                                                   
using  a  project delivery  system  called  the  construction                                                                   
management   general  contractor   approach  which   involves                                                                   
competitive   solicitation  nationally.     Contractors   are                                                                   
brought on as an  advisor during the design phase.   They are                                                                   
currently in  the schematic design  phase - about  25 percent                                                                   
complete.   The  contractors, architect,  and engineers  base                                                                   
costs on  a partially  completed design.   The contractor  is                                                                   
retained as a part of the team through completion.                                                                              
                                                                                                                                
Co-Chair  Stedman asked  what has been  appropriated  so far.                                                                   
Mr.  Tanaka replied  that a  $4.8  million appropriation  was                                                                   
made for  the planning phase with  the intent to apply  for a                                                                   
supplemental request.  Co-Chair  Stedman summarized that $4.8                                                                   
million was appropriated in 2006.   He asked what the balance                                                                   
was.   Mr. Tanaka  reported that there  was about  $3 million                                                                   
left.    Co-Chair  Stedman  thought   the  appropriation  was                                                                   
charitable.   Mr.  Tanaka  emphasized that  it  all would  be                                                                   
needed.    Co-Chair  Stedman  asked  about  the  supplemental                                                                   
appropriation  request.   He corrected  that it  was just  an                                                                   
appropriation.   Mr. Tanaka said  that was correct; it  is an                                                                   
appropriation to finish the project.                                                                                            
                                                                                                                                
9:48:39 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman   asked  about   plans  for  the   existing                                                                   
facility.  Mr.  Glass explained plans to move  the department                                                                   
into  the  space  for several  purposes:  a  sexual  offender                                                                   
registration  office, Alcohol  Beverage Control (ABC)  Board,                                                                   
and an investigative  unit.  He explained the  amount of foot                                                                   
traffic associated with the ABC  Board.  A university lab has                                                                   
also  been   considered.    The   building  belongs   to  the                                                                   
Department  of  Public Safety.    Co-Chair Hoffman  asked  if                                                                   
there would  be costs for  renovation for the  use described.                                                                   
Mr.  Glass said  there would  be,  but he  could not  provide                                                                   
specific details about costs.                                                                                                   
                                                                                                                                
Co-Chair Hoffman  asked about the possibility  of a long-term                                                                   
lease rather  than purchasing  the land.   Mr. Glass  replied                                                                   
that the  Bureau of  Land Management  has given  the land  to                                                                   
Anchorage and there are federal requirements.                                                                                   
                                                                                                                                
9:51:40 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  asked about  the 40-year lease  contingency                                                                   
plan.   Mr.  Glass said  that there  are several  contingency                                                                   
plans.   One is a 10-year reopener.   Currently, there are no                                                                   
charges  for laboratory  services.   Nationwide  no  agencies                                                                   
charge  for state  services.   Mr. Glass  maintained that  he                                                                   
does not  want the state  to be stuck  with charging  for lab                                                                   
services.  A 10-year  reopener would address that.    The 40-                                                                   
year lease  is a  long term  lease with  options after  that,                                                                   
such as two 10-year options or  two 20-year options.  This is                                                                   
still    being   negotiated    with    the   Department    of                                                                   
Administration.                                                                                                                 
                                                                                                                                
Senator  Thomas asked  how big  the property  is.  Mr.  Glass                                                                   
said 15.3  acres.  Senator Thomas  asked about any  plans for                                                                   
intervention to prevent  crime.  Mr. Glass agreed  that there                                                                   
needs  to  be more  prevention.    He  pointed out  that  DNA                                                                   
testing also releases innocent people.                                                                                          
                                                                                                                                
9:55:28 AM                                                                                                                    
                                                                                                                                
JERRY   BURNETT,   DIRECTOR,   DIVISION   OF   ADMINISTRATIVE                                                                   
SERVICES, DEPARTMENT  OF REVENUE,  in response to  a question                                                                   
from Co-Chair  Stedman, explained that the $1,000  request is                                                                   
for paperwork and analysis.                                                                                                     
                                                                                                                                
SB  223  was   heard  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
9:56:53 AM                                                                                                                    
                                                                                                                                

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