Legislature(2013 - 2014)Anch LIO, Rm 670

06/07/2013 10:00 AM Senate LEGISLATIVE COUNCIL


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10:04:42 AM Start
01:35:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
<Teleconference Listen Only>
+ Call to Order TELECONFERENCED
Approval of Minutes
-May 13, 2013
Ratification of Charity Events
-Calista Heritage Foundation Golf Tournament
Contract Approvals
-Mat-Su LIO Lease
Other Committee Business - Executive Session
-Seward LIO
-Anchorage LIO
Adjournment
                              JUNE 07, 2013                                                                                   
                                 10:00 AM                                                                                     
                                                                                                                              
     MEMBERS PRESENT                                                                                                          
                                                                                                                                
     Representative Mike Hawker, Chair                                                                                          
     Representative Max Gruenberg                                                                                               
     Representative Craig Johnson                                                                                               
     Representative Lance Pruitt                                                                                                
     Representative Bill Stoltze                                                                                                
     Senator Dennis Egan                                                                                                        
     Senator Lesil McGuire                                                                                                      
     Senator Kevin Meyer                                                                                                        
                                                                                                                                
     MEMBERS ON TELECONFERENCE                                                                                                
                                                                                                                                
     Senator Peter Micciche, Vice Chair                                                                                         
     Representative Peggy Wilson                                                                                                
     Senator John Coghill                                                                                                       
                                                                                                                              
     MEMBERS ABSENT                                                                                                           
                                                                                                                                
     Senator Gary Stevens                                                                                                       
     Senator Charlie Huggins                                                                                                    
     Representative Mike Chenault                                                                                               
                                                                                                                              
     AGENDA                                                                                                                   
                                                                                                                                
     APPROVAL OF MINUTES                                                                                                        
     RATIFICATION OF CHARITY EVENTS                                                                                             
     CONTRACT APPROVALS                                                                                                         
     OTHER COMMITTEE BUSINESS                                                                                                   
                                                                                                                                
     SPEAKER REGISTER                                                                                                         
                                                                                                                                
     DOUG GARDNER, Legal Services Director, Legislative Affairs Agency                                                          
                                                                                                                                
    10:04:42 AM                                                                                                               
                                                                                                                                
 I. CHAIR MIKE HAWKER called the Legislative Council meeting to order                                                         
    at  10:00 a.m.  in room  670 of  the Anchorage Legislative  Office                                                          
    Building.  Chair Hawker  noted that the  meeting would  start with                                                          
    the  executive session  first and  then Council  would proceed  to                                                          
    routine motions  and business activities. Due to a technical issue                                                          
    with  the recorder's  microphone,  Chair Hawker  recited the  roll                                                          
    call  for purposes of establishing  a quorum. Present at  the call                                                          
    were  Representatives Hawker, Johnson, Stoltze and  P. Wilson (via                                                          
    teleconference);  and Senators Coghill (via teleconference), Egan,                                                          
    and   Micciche  (via   teleconference),  and   Hoffman  (alternate                                                          
    member).                                                                                                                    
                                                                                                                                
    REPRESENTATIVE  JOHNSON  moved that  that  Legislative Council  go                                                          
    into  executive   session  under  Uniform  Rule  22  (b)  for  the                                                          
    discussion  of  matters the  immediate  knowledge  of which  would                                                          
    adversely affect the finances of a government unit.                                                                         
                                                                                                                                
    10:06:50 AM                                                                                                               
    Legislative Council went into executive session.                                                                            
                                                                                                                                
    1:02:43 PM                                                                                                                
    Legislative Council came out of executive session.                                                                          
                                                                                                                                
    CHAIR   HAWKER  called  the   roll.  Present  at  the   call  were                                                          
    Representatives  Hawker, Johnson,  Pruitt, Stoltze  and  P. Wilson                                                          
    (via  teleconference);  and  Senators  Egan,  McGuire,  Meyer  and                                                          
    Hoffman (alternate member).                                                                                                 
                                                                                                                                
II. ANCHORAGE LIO LEASE                                                                                                       
                                                                                                                                
    Chair  Hawker noted that the  first order of business  is a series                                                          
    of  four motions  related to  the extension  of the  Anchorage LIO                                                          
    lease.                                                                                                                      
                                                                                                                                
    MOTION - LEASE EXTENSION                                                                                                  
    SENATOR  MCGUIRE  moved  that  Legislative Council  authorize  the                                                          
    chairman  to negotiate all  the terms and conditions  necessary to                                                          
    extend Lease 2004-024411-0 pursuant to AS 36.30.083(a).                                                                     
                                                                                                                                
    REPRESENTATIVE STOLTZE  objected to ask for a brief description of                                                          
    the thought process for this item for the public record.                                                                    
                                                                                                                                
    CHAIR HAWKER said  this suite of motions allows the Legislature to                                                          
    extend  our current  lease under  AS 36.30.083(a), which  provides                                                          
    for  lease extension  on a sole  source basis  as long  as certain                                                          
    financial   conditions   are   met;   amends   the   Legislature's                                                          
     procurement  procedures to allow  material amendments  to existing                                                         
     leases; empowers  the Chairman to negotiate material amendments to                                                         
     the  existing lease  - amending  paragraph 42  to comply  with the                                                         
     amended  procurement  procedures and  incorporating the  leasehold                                                         
     improvements  proposed by the  landlord to modernize  the existing                                                         
     LIO  facility, limited in  cost to  be less than  similarly sized,                                                         
     located, and  apportioned newly constructed facilities in downtown                                                         
     Anchorage as determined  by the Alaska Housing Finance Corporation                                                         
     (AHFC); and allows  AHFC to be engaged as the Legislature's tenant                                                         
     representative  for   lease  negotiation  with  the  landlord  and                                                         
     project  oversight. He further  noted for the record  that Council                                                         
     sought   other   downtown   Anchorage   properties   suitable   to                                                         
     legislative  function  and  found  none,  leaving  the  option  of                                                         
     constructing a  new building. Council has definitively said that a                                                         
     new  state-owned building is  not a desirable outcome,  leading to                                                         
     the decision to improve the existing location.                                                                             
                                                                                                                                
     Representative Gruenberg joined the meeting at this time.                                                                  
                                                                                                                                
     REPRESENTATIVE  STOLTZE spoke to the suite of  motions. He said he                                                         
     was inclined to  support these motions noting the lack of suitable                                                         
     alternative  space. He said  that the current option  of improving                                                         
     the  existing space would allow for the possibility  of 40 members                                                         
     and 20  members having the ability to meet on  some basis. He said                                                         
     he  was  not  talking about  a  capital  move, but  under  certain                                                         
     circumstances where  the public would be served, and he thinks the                                                         
     Legislature  would be  well-served by the  opportunity to  meet in                                                         
     Anchorage  in possible special  sessions. The opportunity  to have                                                         
     larger   meeting  spaces  for  the  public  and   for  the  entire                                                         
     Legislature  for  short-term meetings  is  something his  district                                                         
     would  support. He said  he has  some reservations about  parts of                                                         
     the   process,  is  a   little  bit  hesitant   about  sole-source                                                         
     procurement,  but  under the  circumstances and  with the  meeting                                                         
     space accommodations being offered, this option has his support.                                                           
                                                                                                                                
     SENATOR   MCGUIRE  said  for  the  record   that  considering  the                                                         
     controversy  generated  when  previous Legislative  Councils  have                                                         
     considered  the  option  of  purchasing a  building,  the  current                                                         
     members  felt that  purchasing  a new  building at  this stage  is                                                         
     simply  not  something   this  Legislative  Council  wants  to  go                                                         
     through.  She said they think it is more in  the public benefit to                                                         
     keep  this particular  building on the  municipal tax  rolls; that                                                         
     keeping  with the existing leaseholder is in  the public interest;                                                         
     and  allowing  this leaseholder  to make  the tenant  improvements                                                         
     that are necessary  is in the public interest. She said that there                                                         
     are  significant health and safety issues with  this building that                                                         
     have  been  brought up  time  and time  again  to the  Legislative                                                         
     Affairs Agency  Executive Director that will need to be covered in                                                         
     those improvements.                                                                                                        
                                                                                                                                
    CHAIR  HAWKER added  that pursuing the  sole source  option within                                                          
    Alaska  statute  was  deemed to  be  the most  practicable  method                                                          
    forward as the  lease on the current building expires in 11 months                                                          
    with  no renewal options  left; there is  no other option  at this                                                          
    point  as  the  Request  for  Information (RFI)  that  was  issued                                                          
    regarding  real   estate  across  the  Municipality  of  Anchorage                                                          
    received  only  two  responses,  neither  of  which  was  able  to                                                          
    accommodate  the Legislature downtown at all and  both had limited                                                          
    utility regardless  of location. He said Council has done adequate                                                          
    due  diligence and they are  working within the parameters  of the                                                          
    time  frame in  which they find  it necessary  to work.  For these                                                          
    reasons  and the  substantive reasons  stated by  Senator McGuire,                                                          
    Council has chosen to pursue a sole sourcing option.                                                                        
                                                                                                                                
    The  motion allowing the chairman  to negotiate all the  terms and                                                          
    conditions necessary  to extend Lease 2004-024411-0 pursuant to AS                                                          
    36.30.083(a) passed with no objections.                                                                                     
                                                                                                                                
    MOTION - AMEND PROCUREMENT PROCEDURE                                                                                      
    1:13:32 PM                                                                                                                
    SENATOR  MCGUIRE  moved that  Legislative  Council adopt  proposed                                                          
    Amendment  No. 12 to the Legislative Procurement  Procedure 040 to                                                          
    provide  a limited ability for the Legislative  Affairs Agency, or                                                          
    a  legislative committee, to  materially modify an  existing lease                                                          
    that was previously competitively procured.                                                                                 
                                                                                                                                
    CHAIR  HAWKER,  in response  to a  question  for clarification  by                                                          
    Representative  Stoltze  regarding  the  motion  made  by  Senator                                                          
    McGuire,  confirmed  that Senator  McGuire was  mistaken when  she                                                          
    said,  in  part,  "…Legislative  Affairs  Council…" and  that  the                                                          
    motion reads "Legislative Affairs Agency…".                                                                                 
                                                                                                                                
    REPRESENTATIVE GRUENBERG  asked about paragraph four, specifically                                                          
    that  one of the factors is  that the modification must  be in the                                                          
    best  interest of the Agency  or the committee and  he wondered if                                                          
    there  was a  difference between  saying that  and saying  "in the                                                          
    public  interest."  He said  he could  foresee  something where  a                                                          
    narrow  Agency might have a  particular interest but it  might not                                                          
    necessarily  be in  the public  interest and  he wondered  legally                                                          
    about that.                                                                                                                 
                                                                                                                                
    DOUG  GARDNER, Legal  Services Director,  said some  contracts are                                                          
    entered  into  by  the  Agency  at the  direction  of  Legislative                                                          
    Council  and those would be approved by  Legislative Council; some                                                          
    contracts  are entered  into by  committee. He  said he  could not                                                          
    think  of any  committee leases  at the  moment,  but in  order to                                                          
    accommodate  the traditional  type of leasing,  it is  broken down                                                          
    into those two categories.                                                                                                  
                                                                                                                                
     REPRESENTATIVE GRUENBERG  interrupted to say that he was drawing a                                                         
     distinction  between local  interests as  opposed to  broad public                                                         
    interest or if this amendment considers them to be the same.                                                                
                                                                                                                                
     MR.  GARDNER responded that this Council would  be approving those                                                         
     items and because  of the composition of Legislative Council which                                                         
     has  statewide representation, there wasn't a  local interest that                                                         
     wouldn't   also  be   a  public   interest  as  a   consideration.                                                         
     Representative  Gruenberg  was satisfied  with  that response  and                                                         
     simply wanted it on the record.                                                                                            
                                                                                                                                
     Senator   Coghill   joined   the   meeting   at  this   time   via                                                         
     teleconference.                                                                                                            
                                                                                                                                
     CHAIR  HAWKER repeated the motion and asked  if there were further                                                         
     objections.                                                                                                                
                                                                                                                                
     The  motion to amend Legislative Procurement  Procedure 040 passed                                                         
     with no objections.                                                                                                        
                                                                                                                                
     MOTION - AUTHORIZE MATERIAL AMENDMENTS TO LEASE                                                                          
     1:17:19 PM                                                                                                               
     SENATOR  MCGUIRE  moved  that  Legislative Council  authorize  the                                                         
     chairman to negotiate  amendments to lease 2004-024411-0 by mutual                                                         
     agreement  with the Lessor to remove the limitation  of amending a                                                         
     lease  that amounts  to a material  modification in  paragraph 42;                                                         
     and  to  include 712  West  Fourth Avenue,  with  other terms  and                                                         
     conditions  necessary to  accommodate renovations,  not  to exceed                                                         
     the  estimated cost of a similarly sized,  located and apportioned                                                         
     newly  constructed building  as determined  by the  Alaska Housing                                                         
     Finance Corporation.                                                                                                       
                                                                                                                                
     CHAIR  HAWKER said this  motion authorizes material  amendments to                                                         
     be  made  to the  extended  lease  and would  allow  the chair  to                                                         
     negotiate material  modifications and renovations for the facility                                                         
     currently occupied.                                                                                                        
                                                                                                                                
     SENATOR EGAN asked for a copy of the motions.                                                                              
                                                                                                                                
     CHAIR  HAWKER said a copy  of the motions for this  meeting should                                                         
     have been emailed  to each member. In response to a question posed                                                         
     by Senator Coghill,  he said that the quorum is on record so there                                                         
     is no need for a roll call vote.                                                                                           
                                                                                                                                
     The  motion to authorize  material amendments to the  lease passed                                                         
     with no objections.                                                                                                        
                                                                                                                                
    REPRESENTATIVE  STOLTZE  said he  has  not talked  to Mr.  Pfeffer                                                          
    about  this project  but  he had  in the  past received  political                                                          
    contributions  from him. He was not asking to  be excused from the                                                          
    vote, simply noting it for the record.                                                                                      
                                                                                                                                
    CHAIR HAWKER  noted as a point of reference that  Mr. Pfeffer is a                                                          
    landlord  for the building  currently occupied by  the Legislature                                                          
    in  Anchorage.   He  further  noted  that  he  also  has  received                                                          
    contributions  from Mr. Pfeffer  over the course of  his political                                                          
    career.                                                                                                                     
                                                                                                                                
    REPRESENTATIVE   GRUENBERG  stated  that  he   also  has  received                                                          
    political contributions from Mr. Pfeffer.                                                                                   
                                                                                                                                
    CHAIR  HAWKER stated  for the  record that  the following  members                                                          
    indicated that  they too had received political contributions from                                                          
    Mr.  Pfeffer:  Representatives  Pruitt  and Johnson  and  Senators                                                          
    Egan,  Meyer, Hoffman, Coghill, and McGuire.  Representative Peggy                                                          
    Wilson  said she has not received a contribution  from Mr. Pfeffer                                                          
    that she knows of.                                                                                                          
                                                                                                                                
    MOTION - ENGAGE AHFC AS LESSEE'S REPRESENTATIVE                                                                           
                                                                                                                                
    CHAIR HAWKER said  that there was a benchmark number of $50,000 in                                                          
    this  motion.  He  said  he spoke  with  Mr.  Fauske at  AHFC  and                                                          
    depending  on the amount of  work done; the final amount  could be                                                          
    anything  from  gratis  to  the  full amount  authorized  in  this                                                          
    motion. He said  he will continue to work with AHFC to accommodate                                                          
    this on as much of a gratis basis as possible.                                                                              
                                                                                                                                
    1:21:58 PM                                                                                                                
    SENATOR MCGUIRE  moved that that Legislative Council authorize the                                                          
    chairman  to  enter into  a  contract for  payment  not to  exceed                                                          
    $50,000,  for  AHFC  to  act  as the  Lessee's  representative  in                                                          
    negotiating  an extension  to Lease  2004-024411-0, as  amended to                                                          
    include  712  West  4th Avenue,  and  to  assist in  managing  the                                                          
    Lessor's compliance  with the terms and conditions of the Lessor's                                                          
    improvements, as described in the lease extension.                                                                          
                                                                                                                                
    The  motion to engage AHFC as Lessee's  representative passed with                                                          
    no objections.                                                                                                              
                                                                                                                                
    CHAIR  HAWKER said that with  the passage of the  fourth and final                                                          
    motion, that takes  care of the beginning of a fabulous project to                                                          
    establish    legislative   facilities   that    will   accommodate                                                          
    legislative needs for the next 10 or more years.                                                                            
                                                                                                                                
    SENATOR  MEYER commented that,  for the record, he  appreciated as                                                          
    an  Anchorage  legislator that  Council  has opted  to extend  and                                                          
     renovate  rather than buy or  build a new building.  He remembered                                                         
     being  upset as an Anchorage Assembly member in  the '90s when the                                                         
     State  bought the Atwood Building  and took it off  the tax rolls.                                                         
     He said  every time that happens it is  essentially a property tax                                                         
     increase  for the rest of  Anchorage. He said he  also appreciates                                                         
     that  Council is keeping its  obligation to the downtown  area and                                                         
     staying in the downtown area even when it's sometimes difficult.                                                           
                                                                                                                                
     SENATOR  HOFFMAN asked about the time frame  and transition of the                                                         
     project.                                                                                                                   
                                                                                                                                
     CHAIR   HAWKER  said  that   although  it  is  subject   to  final                                                         
     determination as  there will need to be a design process for scope                                                         
     of  improvement,  he  hopes  the  project  will  be  concluded  in                                                         
     approximately  a nine month  period - commencing  sometime between                                                         
     October   and   December,   with   completion  timed   to   permit                                                         
     reoccupation  as  soon  as  possible after  the  2014  legislative                                                         
     session is concluded.                                                                                                      
                                                                                                                                
III. APPROVAL OF MINUTES                                                                                                      
                                                                                                                                
     1:25:18 PM                                                                                                               
     SENATOR  MCGUIRE  moved  that  the minutes  from  the  Legislative                                                         
     Council meeting on May 13, 2013 be approved.                                                                               
                                                                                                                                
     The minutes were approved with no objections.                                                                              
                                                                                                                              
 IV. RATIFICATION OF CHARITABLE EVENT                                                                                         
                                                                                                                                
     1:25:53 PM                                                                                                               
     SENATOR   MCGUIRE  moved  that  Legislative   Council  ratify  the                                                         
     following  charity event, which  was previously sanctioned  by the                                                         
     Legislative    Council     Chair    in    accordance    with    AS                                                         
     24.60.080(a)(2)(b):                                                                                                        
                                                                                                                                
     a. 14th  Annual   Calista  Heritage  Foundation   Golf  Tournament                                                         
     benefitting the Calista Heritage Foundation, Inc.                                                                          
                                                                                                                                
     CHAIR  HAWKER noted for  the record  that the 14th  Annual Calista                                                         
     Heritage  Foundation   Golf  Tournament  benefitting  the  Calista                                                         
     Heritage  Foundation, Inc., met all the  qualifications in statute                                                         
     of being a 501(c) (3) organization.                                                                                        
                                                                                                                                
     The event was ratified with no objections.                                                                                 
                                                                                                                                
 V. CONTRACT APPROVALS                                                                                                        
    a. Mat-Su LIO Lease                                                                                                       
                                                                                                                                
    CHAIR HAWKER noted  this item was a routine reauthorization of the                                                          
    Mat-Su LIO lease with no particular changes.                                                                                
                                                                                                                                
    1:27:55 PM                                                                                                                
    SENATOR  MCGUIRE  moved  that  Legislative Council  authorize  the                                                          
    chairman  to  approve a  one-year renewal  of  the existing  lease                                                          
    agreement  for  the  Mat-Su  Legislative  Information  Office  and                                                          
   Legislators' District Office space for a cost of $182,215.20.                                                                
                                                                                                                                
    REPRESENTATIVE STOLTZE  objected to note that the general feedback                                                          
    is  that the Mat-Su  is a delegation  that has increased  in size,                                                          
    space  was  added   after  2010  reapportionment  and  there  will                                                          
    probably be more  space needed after 2020; he said the space has a                                                          
    good landlord who  is very responsive to the tenant concerns; it's                                                          
    a good  location; and this space has good  support from the Mat-Su                                                          
    delegation.                                                                                                                 
                                                                                                                                
    The motion to renew the Mat-Su lease passed with no objections.                                                             
                                                                                                                                
    b. Seward LIO                                                                                                             
                                                                                                                                
    CHAIR  HAWKER said this last item was requested  by the Speaker of                                                          
    the  House. He  said currently the  Seward LIO  operates on  a six                                                          
    month  basis  for  legislative session.  Seward  has  been a  very                                                          
    active  community and the Speaker has asked  that this facility be                                                          
    staffed  and  available  year  round  for an  additional  cost  of                                                          
    $59,200.  He said this amount can be  accommodated within existing                                                          
    budgets  with the understanding that all  items currently budgeted                                                          
    will be reviewed in the next budget cycle.                                                                                  
                                                                                                                                
    1:30:45 PM                                                                                                                
    SENATOR  MCGUIRE moved that  Council approve the Seward  LIO going                                                          
    from  session only to  full time effective  June 4, 2013,  and ask                                                          
    the  Agency  to  include  that  increase  in their  FY  15  budget                                                          
    request.                                                                                                                    
                                                                                                                                
    The motion passed with no objections.                                                                                       
                                                                                                                                
    CHAIR  HAWKER said that items for future  meetings include Capitol                                                          
    security  issues, legislative information office  security issues,                                                          
    and Facebook  access among a number of other  items for Council to                                                          
    deal with over the summer.                                                                                                  
                                                                                                                                
    SENATOR  EGAN  noted that  Steve Daigle,  Chief  of Security,  has                                                          
    volunteered to  arrange a presentation to Legislative Council on a                                                          
    variety of security options.                                                                                                
                                                                                                                                
     CHAIR HAWKER said  his staff is working to schedule that. He added                                                         
     that  the Capitol  exterior portico project  is underway  now, the                                                         
     steps  have been  removed from the  front of  the Capitol  and the                                                         
     project  is going as  well as could possibly  be hoped. It  is, at                                                         
     the moment, on time and going forward as authorized.                                                                       
                                                                                                                                
     REPRESENTATIVE  STOLTZE said he  has had contact  from constituent                                                         
     groups  regarding Capitol Security's  involvement on  the incident                                                         
     on  the protest  censorship encroachment, specifically  mentioning                                                         
     Mr. Daigle's name  as an intervener. He said he would be remiss if                                                         
     he  didn't bring  this up and  that Council  would be  avoiding an                                                         
     important policy issue if this wasn't looked at.                                                                           
                                                                                                                                
     CHAIR  HAWKER said that  the ACLU  filed a Freedom  of Information                                                         
     Act request with  the Governor's Office related to that issue. The                                                         
     Governor's  Office   has  responded  completely  with  their  full                                                         
     disclosure. He said  it is his understanding that the ACLU was not                                                         
     contemplating  going any  further with  this issue.   Should  they                                                         
     provide any further  request to the Legislature, we will certainly                                                         
     comply  with  that.  Immediately  after  he became  aware  of  the                                                         
     circumstance  during  session,  he issued  a  statement of  policy                                                         
     under   executive    authority   reaffirming   the   Legislature's                                                         
     commitment to freedom  of speech and public access to the Capitol.                                                         
     With  that affirmation  and very  specific directives  about being                                                         
     sure  to err on  the side  of the public's  freedom of  speech, at                                                         
     this  point, from a legislative perspective, he  sees the issue as                                                         
     closed;  the Legislature  has  taken preventative  action and  the                                                         
     administration  has taken the  remedial action that  was requested                                                         
     by the ACLU.                                                                                                               
                                                                                                                                
     Chair   Hawker    expressed   his   gratitude   in   response   to                                                         
     Representative  Stoltze's statement that  he would gauge  what the                                                         
     continued public  interest is as he is not guided by what the ACLU                                                         
     deems as relevant.                                                                                                         
                                                                                                                                
     There  being   no  further  business  before  the  committee,  the                                                         
     Legislative Council meeting was adjourned at 1:35 p.m.                                                                     
                                                                                                                                
     1:35:35 PM                                                                                                               
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
2013.06.07 Agenda.pdf JLEC 6/7/2013 10:00:00 AM
IIIa. Calista Heritiage Event.pdf JLEC 6/7/2013 10:00:00 AM
IVa. MatSu LIO Lease.pdf JLEC 6/7/2013 10:00:00 AM
Procurement Code Amendment 12.pdf JLEC 6/7/2013 10:00:00 AM
Va. Seward LIO.pdf JLEC 6/7/2013 10:00:00 AM