Legislature(2007 - 2008)Anch LIO Conf Rm

06/17/2008 06:00 PM House LEGISLATIVE COUNCIL


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Capitol Annex Carpet Approval TELECONFERENCED
Office of Victims' Rights Lease Extension
Approval
Fire Alarm & Sprinkler System ITB
Chamber Lighting Architectural Approval
Chamber Wall Finishes Architectural
Services Approval
Longevity Policy Change
Legislative Council Records Policy
Amendment Approval
                                           JUNE 17, 2008                                                                      
                                                                                                                                
The  Legislative Council   meeting  was  called to order  at 5:55 p.m.  by Senator  John  Cowdery,                              
                                    nd                                                                                          
Chairman, in the Anchorage LIO, 2 Floor Conference Room, and via teleconference.                                                
                                                                                                                                
1. ROLL CALL                                                                                                                  
                                                                                                                                
The  roll was  taken. In  attendance  were  Council  members:   Senators  Cowdery,   Davis,  Green,                             
Hoffman,   Stevens;  Representatives  Coghill,  Dahlstrom,  Harris  (via teleconference),  Samuels,                             
Stoltze, Wilson   (via teleconference),  and  Guttenberg  (via  teleconference). Absent   members:                              
Senators Elton and Wilken.  Representative Mike Chenault was also in attendance in Anchorage.                                   
                                                                                                                                
Staff present: Varni, Makinster, Schofield, Finley, Lobaugh, Clothier, Price, Johnston, and Lesh.                               
                                                                                                                              
2. APPROVAL OF APRIL 10, 2008 MINUTES                                                                                         
                                                                                                                                
Representative  Dahlstrom   moved   that Legislative Council approve   the minutes  of the April 10,                            
2008 Legislative Council meeting as presented.                                                                                  
                                                                                                                                
YEAS:          Cowdery, Green, Hoffman, Stevens, Coghill, Dahlstrom, Harris, Samuels, Stoltze,                                  
               Wilson, Guttenberg                                                                                               
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
The motion passed 11-0.                                                                                                         
                                                                                                                                
3. RFQ 463 - BRINTONS CARPET APPROVAL                                                                                         
                                                                                                                                
RFQ   463  was  issued  to solicit for Brintons carpet  for the Capitol  Annex.   Four suppliers  of                            
Brintons  carpet were  sent the  RFQ   and the RFQ   was  published  on  the State's on-line  public                            
notice web site.                                                                                                                
                                                                                                                                
RFQ   463 opened   on Tuesday,  May   8, 2008. Two  offers were  received. Commercial   Contractor,                             
Inc., out of Anchorage, submitted the lowest offer in the amount of $26,182.00.                                                 
                                                                                                                                
Representative   Dahlstrom   moved   that Legislative  Council   award  RFQ    463  to Commercial                               
Contractor, Inc., in the amount of $26,182.                                                                                     
                                                                                                                                
YEAS:          Cowdery, Green, Hoffman, Stevens, Coghill, Dahlstrom, Harris, Samuels, Stoltze,                                  
               Wilson, Guttenberg                                                                                               
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
The motion passed 11-0.                                                                                                         
Due to a bad connection, Representative Harris was excused from the meeting at this time.                                       
                                                                                                                                
4. LEASE EXTENSION FOR OFFICE OF VICTIMS' RIGHTS (OVR) OFFICE SPACE                                                           
                                                                                                                                
The  current lease agreement   between  the Legislative  Affairs Agency   and  L92, LLC   for office                            
space currently occupied  by  the Office of Victims' Rights in Anchorage,   Alaska, is due to expire                            
June 30, 2008, with no renewal options left.                                                                                    
                                                                                                                                
The  Agency    contracted  with  Black-Smith,   Bethard   &  Carlson,  LLC,   who   are  real estate                            
                                                                                         rd                                     
appraisers, to determine the market  rental value of the property located at 1007 West  3  Avenue,                              
Suite 205  in Anchorage,  Alaska. They   determined  that the market rental value of the property is                            
$2.35 per square foot.                                                                                                          
                                                                                                                                
Per AS  36.30.083,  the Agency   offered  L92, LLC   a rate of $2.11 per  square foot for a five (5)                            
year lease  extension  with five (5) one  (1) year renewal   options at our  option. L92,  LLC   has                            
accepted our offer.                                                                                                             
                                                                                                                                
Representative  Dahlstrom   moved  that Legislative Council  approve  the five year lease extension                             
for the Office of Victims'  Rights office space to L92,  LLC  in the amount   of $47,475  for FY 09                             
with the option of five (5) one (1) year renewals.                                                                              
                                                                                                                                
YEAS:          Cowdery, Green, Hoffman, Stevens, Coghill, Dahlstrom, Samuels, Stoltze,                                          
               Wilson, Guttenberg                                                                                               
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
The motion passed 10-0.                                                                                                         
                                                                                                                                
5.  ITB 451 - FIRE ALARM & SPRINKLER SYSTEM APPROVAL                                                                          
                                                                                                                                
Representative  Dahlstrom   moved    that Legislative Council  approve   the award  of  ITB  451  to                            
McGraw Custom Construction in the amount of $1,218,000.                                                                         
                                                                                                                                
YEAS:          Cowdery, Green, Hoffman, Stevens, Coghill, Dahlstrom, Samuels, Stoltze,                                          
               Wilson, Guttenberg                                                                                               
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
The motion passed 10-0.                                                                                                         
                                                                                                                                
6.  CHAMBER ARCHITECTURAL LIGHTING                                                                                            
                                                                                                                                
Executive  Director Pam   Varni stated Jensen,  Yorba, Lott, Inc., submitted a bid for architectural                            
services to provide  electrical design and  construction documents   to replace  the lighting in the                            
House  and  Senate Chambers.    Maintenance   has difficulty replacing the current fixtures and with                            
the fire alarm and  sprinkler system  project going into the ceilings, this is an opportune  time to                            
upgrade the lighting in the Chambers.                                                                                           
                                                                                                                                
The  Agency   will then  go out to  bid for a contractor to  provide the  new  ceilings, wiring and                             
fixtures in the Chambers.                                                                                                       
                                                                                                                                
Representative   Dahlstrom   moved   that Legislative  Council   approve  a  contract  with  Jensen,                            
Yorba,  Lott, Inc. for architectural services in an amount not to exceed  $50,000  for the Chamber                              
Lighting Project.                                                                                                               
                                                                                                                                
YEAS:          Cowdery, Green, Hoffman, Stevens, Coghill, Dahlstrom, Samuels, Stoltze,                                          
               Wilson, Guttenberg                                                                                               
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
The motion passed 10-0.                                                                                                         
                                                                                                                                
7.  CHAMBER WALL FINISHES ARCHITECTURAL COSTS                                                                                 
                                                                                                                                
Pam  Varni  explained  that several years ago the Chamber    desks were  upgraded  with  mahogany.                              
The  existing walnut  wall  paneling in the Chambers    is old and  outdated. The  new  design  will                            
match the desks and lighten the room.                                                                                           
                                                                                                                                
Jensen,  Yorba,  Lott, Inc., submitted   a bid  for architectural services  to provide  design  and                             
construction documents to replace the Chamber wall finishes.                                                                    
                                                                                                                                
Representative   Dahlstrom   moved   that Legislative  Council   approve  a  contract  with  Jensen,                            
Yorba,  Lott, Inc. for architectural services in an amount not to exceed  $12,000  for the Chamber                              
Wall Finishes Project.                                                                                                          
                                                                                                                                
YEAS:          Cowdery, Green, Hoffman, Stevens, Coghill, Dahlstrom, Wilson, Guttenberg                                         
                                                                                                                                
NAYS:          Representatives Samuels and Stoltze                                                                              
                                                                                                                                
The motion passed 8-2.                                                                                                          
                                                                                                                                
8.  LONGEVITY POLICY CHANGE APPROVAL                                                                                          
                                                                                                                                
Pam  Varni  noted that Skiff Lobaugh  was  on line. She went on  to state that the Legislature passed                           
HB   417, Public  Employees   Salaries &  Pay  Increments  for Longevity  in State  Service and  the                            
State Officers Compensation    Commission.    Sections  (h) and (i) of the bill pertain to longevity                            
increments.  These  sections  will apply to  employees   of the Legislature  only if the committee                              
responsible  for adopting employment    policies concerning  the employee   adopts a written  policy                            
that (h) and (i) of this section apply.                                                                                         
                                                                                                                                
Representative  Dahlstrom  moved   that Legislative Council adopt  the Senate and House  Longevity                              
Policy effective July  1, 2008; and  the Pay  Increments  Policy for Employees    of the Legislative                            
Affairs Agency   in accordance   with AS   39.27.011(j), thereby  making  AS   39.27.011(h)  and  (i)                           
apply to Agency employees.                                                                                                      
                                                                                                                                
YEAS:          Cowdery, Green, Hoffman, Stevens, Coghill, Dahlstrom, Samuels, Stoltze,                                          
               Wilson, Guttenberg                                                                                               
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
The motion passed 10-0.                                                                                                         
                                                                                                                                
9.  LEGISLATIVE COUNCIL RECORDS POLICY AMENDMENT APPROVAL                                                                     
                                                                                                                                
Tam  Cook,  Director  of Legal Services, Legislative Affairs Agency,  drafted an  amendment   to the                            
Legislative  Council  Records   Policy  at  the behest  of  Representative  Mike   Chenault.    The                             
amendment    makes  the  text sent or received as e-mails,  via blackberries, or via other means   a                            
record of a Legislator rather than a record of the Legislative Affairs Agency   despite the fact that                           
the Agency has copies or access to copies of these types of records in its administrative capacity.                             
                                                                                                                                
Representative  Mike  Chenault   testified that he discussed this with Tam  to address  the issue of                            
actual text messages   being  used  regularly and  potentially available within  the context  of the                            
Freedom    of Information   Act. Phone   records  using  cellular phones   or  landlines should   be                            
privileged information when dealing with constituents.                                                                          
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Senator Bettye Davis joined the meeting at this time.                                                                           
                                                                                                                                
Representative  Dahlstrom   read the motion   at the request of Senator  Bettye Davis  which  states                            
that Legislative Council  approve  the  amendment    to the Legislative Council  Records  Policy  as                            
drafted by Tam Cook June 12, 2008.                                                                                              
                                                                                                                                
There was no vote. This item was postponed until a future meeting.                                                              
                                                                                                                                
Senator Hoffman left the meeting at this time.                                                                                  
                                                                                                                                
10.  OTHER BUSINESS                                                                                                           
                                                                                                                                
Representative   Dahlstrom   moved   that Legislative  Council  sanction  the 2008   Scotty  Gomez                              
Foundation Auction and Golf Tournament per AS 24.60.080(c)(10).                                                                 
                                                                                                                                
YEAS:          Cowdery, Davis, Green, Stevens, Coghill, Dahlstrom, Samuels, Stoltze, Wilson,                                    
               Guttenberg                                                                                                       
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
The motion passed 10-0.                                                                                                         
                                                                                                                                
11.  EXECUTIVE SESSION                                                                                                        
                                                                                                                                
Senator  Gary Stevens  moved   that the Legislative Council go into Executive  Session per Uniform                              
Rule  22(b)(1) discussion  of matters, the immediate  knowledge   of which  would   adversely affect                            
the finances of a government   unit and ask that the following people  remain  in attendance during                             
the executive session:  Jim Fosler, Legislative Council  Attorney, Pam   Varni, Executive  Director,                            
Pam Finley, Legal Services, and Ryan Makinster, Council Staff.                                                                  
                                                                                                                                
Legislative Council went into Executive Session.                                                                                
                                                                                                                                
Legislative Council came out of Executive Session.                                                                              
                                                                                                                                
The meeting was adjourned at 7:12 p.m.                                                                                          
                                                                                                                                

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