Legislature(2011 - 2012)ANCH LIO Rm 220

07/25/2012 10:00 AM Senate LEGISLATIVE COUNCIL


Download Mp3. <- Right click and save file as

Audio Topic
10:09:09 AM Start
11:44:08 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Ratification of Charitable Events: TELECONFERENCED
- "Clink" - Juneau Arts & Humanities Council
- 20th Annual Coal Classic Golf Tournament, AK
Resource Education
IT Items:
Hardware Refresh; Domain Name Change; Facebook;
Microsoft Enterprise Agreement Renewal
American Guard Contract Renewal Approval
Legislative Budget & Audit Remodel Approval
Lease Renewal Approval:
- Kenai Lease Renewal & Additional Office Space
- MatSu Lease Renewal
ITB 572 - Terry Miller LOB Boiler Piping Repair
Approval
ITB 573 - Terry Miller LOB Sprinkler Project
Approval
Capitol Building Envelope Consulting Services
Approval
Legal Representation Approval
Office Allowance
EXECUTIVE SESSION:
- RFP 569-Homer Office Approval
- RFP 570-Eagle River Office Space Approval
- RFP 571-Statute Publication Contract Approval
                                          JULY 25, 2012                                                                       
                                                                                                                                
10:09:09 AM                                                                                                                   
                                                                                                                                
The  Legislative   Council   meeting  was   called  to order  at 10:10  a.m.  by  Senator   Linda                               
Menard,    Chair,   in  the   Anchorage     LIO    2nd   Floor   Conference     Room     and   via                              
teleconference.                                                                                                                 
                                                                                                                                
1. ROLL CALL                                                                                                                  
                                                                                                                              
Chair  Menard    called the  roll.  In attendance  were   Council  members:      Senators  Davis,                             
Egan,  Stevens  (via teleconference),  Menard,   and  alternate J. Thomas   (via teleconference);                               
Representatives     Chenault    (via   teleconference),    Herron,    Holmes,     Johnson     (via                              
teleconference),   Stoltze, P.  Wilson   (via teleconference)   and  alternate  B.  Thomas    (via                              
teleconference).     Absent   members:       Senators   Hoffman,    Olson   and   Stedman,    and                               
Representative Austerman.                                                                                                       
                                                                                                                                
Staff present:  Varni,   Clothier, Gardner,   Tilton,  Finley  (via  teleconference),   Johnston,                               
                Lesh, Strong (via teleconference), and Warenda                                                                  
                                                                                                                                
Others present: Representatives Fairclough and Hawker                                                                           
                                                                                                                                
2. APPROVAL OF AGENDA                                                                                                         
                                                                                                                                
Chair  Menard   stated that the Domain    Name   Change   and  Facebook   under  Item  5-IT Items                               
be  removed    from  the  agenda,  and  that  Item  13  - Office  Allowance    be  moved   to  the                              
bottom of the agenda.                                                                                                           
                                                                                                                                
Representative   Herron   moved   that Legislative  Council   approve   the amended    agenda   as                              
presented.                                                                                                                      
                                                                                                                                
The motion was approved with no objections.                                                                                     
                                                                                                                                
3. APPROVAL OF MARCH 22, 2012 MINUTES                                                                                         
                                                                                                                                
Representative    Herron   moved   that  Legislative  Council   approve    the March    22,  2012                               
minutes as presented.                                                                                                           
                                                                                                                                
The motion passed with no objections.                                                                                           
                                                                                                                                
4. RATIFICATION OF CHARITABLE EVENTS                                                                                          
    · "Clink" - Juneau Art & Humanities Council                                                                                 
    · 20th Annual Coal Classic Golf Tournament - Alaska Resource Education                                                      
                                                                                                                                
Representative   Herron   moved    that Legislative   Council   ratify the following   charitable                               
events per AS 24.60.080(a)(2)(B):                                                                                               
    · "Clink" - Juneau Arts & Humanities Council                                                                                
    · 20th Annual Coal Classic Golf Tournament - Alaska Resource Education                                                      
                                                                                                                                
The motion passed with no objections.                                                                                           
                                                                                                                                
5. IT ITEMS                                                                                                                   
    · Hardware Refresh                                                                                                          
    · Microsoft Enterprise Agreement Renewal                                                                                    
                                                                                                                                
Curtis  Clothier,  Manager    of Information   Services   for the  Legislative  Affairs  Agency,                                
stated that the annual  hardware   refresh is an item that comes   before Council   every year  as                              
part  of  keeping   computer   hardware    and  other   computer   equipment    up-to-date.   The                               
hardware   refresh recommendations      before  Council  are based  on  several  meetings  of  the                              
IT Subcommittee,     a survey  of all legislative offices, discussions  with  both  Rules  Chairs                               
and  the Legislature's  Three  Year   Plan. The  request  before  Council   is for the following:                               
79 desktop   computers,  21  laptops, 10  color laser printers and  50 large  format  monitors  at                              
a total cost of $133,000.                                                                                                       
                                                                                                                                
Representative    Herron   moved    that that  Legislative  Council   approve   the  solicitation,                              
award   and expenditure   not  to exceed  $133,000   for  computer   and  printer upgrades   from                               
legislative capital funds.                                                                                                      
                                                                                                                                
Chair Menard noted that Representative Anna Fairclough had joined the meeting.                                                  
                                                                                                                                
Members    were  unable  to pass the motion   as one  member   had  left the room  and  there was                               
no  longer  a  quorum.   Chair   Menard   directed  Mr.   Clothier  to go  on  to  the Microsoft                                
Enterprise Agreement Renewal.                                                                                                   
                                                                                                                                
Mr.  Clothier  stated that Microsoft   Enterprise  Agreement,    brought  before  Council   every                               
year, is used  by  all three branches  of government    and  provides  very  large  discounts  for                              
software,  offers enhanced   support  upgrades   to the software   used, administrative   training                              
on  Microsoft  products   as well as an  employee   discount   program   that many   people  have                               
taken   advantage    of. The   Microsoft    EA   was   entered   into  by   the  Department     of                              
Administration   and  En  Pointe  Technologies;   the legislative portion  of the contract  totals                              
$108,897.30.                                                                                                                    
                                                                                                                                
Chair Menard asked Mr. Clothier if the agreement costs would continue to escalate.                                              
                                                                                                                                
Mr.  Clothier  said he does  not expect  it to go down.   Every  time  we  add  a new  computer,                                
we  add  another  desktop  that uses Microsoft   products,  so unless we  cut back  substantially                               
on  the number   of computers   we  use, it probably  will not  go down.   The  good  side is that                              
we  are getting at least a 25%   discount  off of retail pricing with this contract. The  pricing                               
is exceptional   and  if we  didn't have   this agreement   in place,  we'd  be  spending   much                                
more money without the enhanced services.                                                                                       
                                                                                                                                
Chair Menard asked for a motion.                                                                                                
                                                                                                                                
Representative Herron offered a motion that combined both items.                                                                
                                                                                                                                
Representative   Herron   moved    that Legislative  Council   approve   the solicitation, award                                
and   expenditure   not  to  exceed   $133,000    for  computer    and  printer  upgrades    from                               
legislative  capital funds   and;  approve   the  expenditure   of  $108,897.30    to  En  Pointe                               
Technologies for the Legislature's portion of the annual Microsoft Enterprise Agreement.                                        
                                                                                                                                
Representative   Stoltze asked  if a roll call vote was  necessary  since  there were  only  eight                              
members and three were on teleconference.                                                                                       
                                                                                                                                
Chair Menard asked if Pam Varni could address this issue.                                                                       
                                                                                                                                
Pam   Varni,  Executive  Director  of  Legislative  Affairs Agency,   stated  that roll call votes                              
have  been   done  when   there  are  members    on  teleconference   because   it's unclear  if a                              
member    has  dropped    off the  line. It's more   of  an  issue  when   there  are only   eight                              
members,    which  is exactly  enough  for a  quorum.   It's not necessary  to call the members                                 
present; the Chair could simply call those members currently on teleconference.                                                 
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Chair  Menard    called the roll for Senators   Stevens  and  Thomas,    and  Speaker  Chenault.                                
All members on teleconference voted in favor of the motion.                                                                     
                                                                                                                                
Speaker Chenault asked Chair Menard how the members present voted.                                                              
                                                                                                                                
Chair  Menard    responded   that  members    present  all voted  in  favor  of the  motion;   the                              
motion passed 8-0.                                                                                                              
                                                                                                                                
6. AMERICAN GUARD CONTRACT RENEWAL APPROVAL                                                                                   
                                                                                                                                
Chair  Menard    stated  that this  is the  contract  for uniformed    security  services  at  the                              
Anchorage    LIO  and  is presented  for renewal.  This would   be a renewal   of the August   15,                              
2011  contract.  The  contract would   be  in the amount   not to exceed   $49,000   ending  June                               
30, 2013. Anchorage Information Officer Mike Warenda can answer questions.                                                      
                                                                                                                                
Representative   Herron   moved   that Legislative  Council  approve   a one  year  renewal  with                               
American    Guard   Services  for Anchorage    office  space  day  time  security services  in an                               
amount not to exceed $49,000 ending June 30, 2013.                                                                              
                                                                                                                                
Chair   Menard   called  the  roll  of members     on  teleconference   (Senators   Stevens   and                               
Thomas; Speaker Chenault) and there were no objections by those members present.                                                
                                                                                                                                
The motion passed 8-0.                                                                                                          
                                                                                                                              
7. LEGISLATIVE BUDGET AND AUDIT REMODEL APPROVAL                                                                              
                                                                                                                                
Chair  Menard   stated that the  next item  is a request for consideration   and  approval  of an                               
RSA   and  accompanying     design  proposal  for a  Legislative  Audit  Office  Space  Remodel                                 
and  Renovation   Project.  Representative   Mike  Hawker    and Paulyn   Swanson,   Budget   and                               
Audit staff to Representative Hawker can explain the process and answer questions.                                              
                                                                                                                                
Chair Menard asked for a motion.                                                                                                
                                                                                                                                
Representative   Herron   moved   that Legislative  Council  approve   a Reimbursable    Services                               
Agreement    with  the Department   of Administration    in an amount   not to exceed   $102,800                                
for architectural  and  engineering   design   services  and  administration   for the 6th  Floor                               
Legislative Audit Remodel Project.                                                                                              
                                                                                                                                
Representative    Mike   Hawker,   District  32-Anchorage,    said  he  is currently  serving   as                              
Chair  of the  Legislative  Budget  &   Audit  Committee    and  is here in that capacity.  He  is                              
joined  by his Chief  of Staff, Paulyn Swanson    who  is the LB&A    Committee    Aide.  He  said                              
the request  before  Council  for an RSA   that would   be from  Legislative  Council   budget  to                              
the Division   of Administration   General   Services  is to provide  management     services  for                              
the  remodel   and  renovation   of  the  space  occupied    by  the State's  Legislative   Audit                               
Division.  The  space  they are currently in, they have  occupied   for 30 years. The  growth   of                              
government    in 30  years  involved   a commensurate     growth   in the Audit   function. They                                
quite frankly  are  literally stacked on  top  of each  other  there. With  other  decisions  and                               
projects  that  have  been   conducted    by  Legislative  Council   recently   has  enabled   the                              
Legislative  Finance  Division  to relocate into separate  facilities. The development   plan  for                              
that move    entailed the  concept   that the space   Legislative  Finance   had  been  currently                               
occupying   in  the State  Office  Building   in Juneau,   which  is contiguous   to  the current                               
Legislative  Audit  space, would   be subsumed    by Legislative  Audit,  giving  them  the space                               
they appropriately   need  to conduct  their activities. The last remodel  and  renovation  work                                
done on the Legislative Audit facility was 30 years ago.                                                                        
                                                                                                                                
Representative   Hawker    stated  that they  have  been  through   a fairly lengthy  process   of                              
identifying  how   to go about   conducting   these tenant  improvements,    verifying  who   was                               
responsible   for  the  tenant  improvements     and   separating  tenant   improvements     from                               
building   management      activities  that   are  appropriately    the  responsibility   of   the                              
Department    of  Administration.   There   is a  detailed  memo    before  members    from   Ms.                               
Swanson    that talks about this and  explains  the reason  for the RSA.   He  said that between                                
him,  Ms.   Swanson    and   Ms.  Varni,   they  have  developed    a  managerial   protocol   for                              
pursuing   this project.  That  protocol   involves  definition  of  the  scope  of  the  project,                              
identifying  a management     team   and producing    a development    plant. That  management                                  
protocol  will go forward  with  the LB&A    Aide  Paulyn  Swanson    as Project Manager,   since                               
she  is also a full-time resident  in Juneau  and  can  handle  the management     of the project                               
particularly  well.  The  RSA    to  the General    Services  Division   of  the Department     of                              
Administration    is because   they  are  experienced   facilities' managers    for the  State  of                              
Alaska.  They   have  term   contracts in  place  for outside  professional  design/architecture                                
type  work  that they  use  across the  state so all of their own   protocols  are in place.  The                               
RSA   you're  being  asked  to approve   with  GSA   will authorize  GSA    to essentially be  the                              
professional  services  contractor  under  the  Project Manager    Paulyn   Swanson.   They   will                              
provide   specific  project   supervision,   management,     procurement     and   financial  and                               
administrative   controls  over   the  effort. They   will  also  be  able  to  handle  financial                               
arrangements   with  those outside  contractors. The  idea  is that we will come  up  with a very                               
specific request  for the build-out  effort which  will come   back  to Legislative Council   as a                              
separate request for funding.                                                                                                   
                                                                                                                                
Chair  Menard   said she  concurred   with the  remodel  and  renovation,  and  that the space  is                              
disastrous in a lot of ways so she is glad we're on top of this.                                                                
                                                                                                                                
Representative   Holmes   asked   for clarification that the amount   Council   was  being  asked                               
to approve  today  is for the design  and then  there will be a separate  request  for the cost of                              
the remodel.                                                                                                                    
                                                                                                                                
Representative   Hawker    confirmed   that was  correct. He  said that for the  record the  RSA                                
with  GSA   is a total of $102,799.72;  that involves their services  with a 2%  inter-divisional                               
fee, which  he  would  respectfully  argue  against with  them,  but it is in one pocket  and  out                              
the  other from   the standpoint   of the  State, so  it's a no-net  difference  to  the State  of                              
Alaska.                                                                                                                         
                                                                                                                                
Representative   Holmes   followed   up  by asking  if there was  a rough  estimate  for the  cost                              
of the remodel construction.                                                                                                    
                                                                                                                                
Representative   Hawker   deferred  to Paulyn  Swanson,   Committee    Aide  to LB&A    and  staff                              
to Representative Hawker.                                                                                                       
                                                                                                                                
Ms.  Swanson    stated that at this time there is not a construction  estimate;  however,  that is                              
built in to this RSA   so there  will be a construction   estimate  based  on 65%   of document                                 
prep once that's done. She said that amount should come forward prior to the bid process.                                       
                                                                                                                                
Representative   Hawker   added   that in his position as  Chair of  the LB&A    Committee    and                               
to some   degree  responsible  for the  execution  of  this project, he is extremely   concerned                                
about   the  project  being  properly   scoped,   properly   planned,   properly   designed   and                               
professionally  estimated  so  we have  a good   benchmark   to go  forward  and  we  know   what                               
our financial  commitment    will be as we  commence     the project. He said  we will be  able to                              
operate and supervise the project to that objective and not incur cost overruns.                                                
                                                                                                                                
Chair   Menard   called  the  roll  of members     on  teleconference   (Senators   Stevens   and                               
Thomas; Speaker Chenault) and there were no objections by those members present.                                                
                                                                                                                                
The motion passed 8-0.                                                                                                          
                                                                                                                                
8. LEASE RENEWAL APPROVAL                                                                                                     
    · Kenai Lease Renewal and Additional Office Space                                                                           
    · Mat-Su Lease Renewal                                                                                                      
                                                                                                                                
· Kenai Lease Renewal and Additional Office Space                                                                               
                                                                                                                                
Chair   Menard    stated that  the  Kenai   LIO   is a  lease  property   occupied   by   Senator                               
Wagoner,    and Representatives    Chenault  and  Olson.  This  is a State-owned   building  with                               
the lease being  between   the Legislature  and  DOTPF.    Because  it is a State-owned   facility,                             
we  are charged   only  a percentage   of the yearly  administrative   costs to run  the building                               
based  on  square  footage. The   renewal  could  run from   July 1, 2012  to June  30, 2013   for                              
$75,127.   There  is an  additional  132  square  feet of  office space  available  that will  not                              
affect  the lease  amount    until FY   14.  Procurement     Officer  Tina  Strong   can  answer                                
questions.                                                                                                                      
                                                                                                                                
Representative   Herron   moved   that Legislative  Council   approve  the  renewal  of the  lease                              
agreement   with   DOT   for  the existing  Kenai   lease space  for  $75,127   and  approve   the                              
additional 132 square feet of office space.                                                                                     
                                                                                                                                
Chair   Menard   called  the  roll  of members     on  teleconference   (Senators   Stevens   and                               
Thomas; Speaker Chenault) and there were no objections by those members present.                                                
                                                                                                                                
The motion passed 8-0.                                                                                                          
                                                                                                                                
· Mat-Su Lease Renewal                                                                                                          
                                                                                                                                
Chair  Menard   stated that the Mat-Su   LIO  is lease property  occupied  by  Senators  Menard,                                
Huggins,   and  Representatives   Stoltze, Keller, Hughes   and  Neuman.    This  is the first one                              
year  renewal  for the 6,927  square  feet at a monthly   cost of $15,067,   which  equals  $2.18                               
per square  foot and  could  run from   August  1, 2012  to July  31, 2013.  For the record,  that                              
space  includes  an unused   office, which  has  been  made  available  to Representative   Feige                               
who chooses not to have an office at that location.                                                                             
                                                                                                                                
Representative   Stoltze objected  for the purposes   of noting  for the record  that Mr. Dennis                                
Smith  is a political supporter  of his and  has  contributed  to his campaign    in the range  of                              
$200-250. He said they did not discuss the details of this project.                                                             
                                                                                                                                
Chair Menard noted that Mr. Dennis Smith has also contributed to her campaign.                                                  
                                                                                                                                
Representative Stoltze removed his objection.                                                                                   
                                                                                                                                
Representative   Herron   moved   that Legislative  Council   approve  the  renewal  of the  lease                              
agreement with Wasilla Station, LLC for the Mat-Su lease space for $180,804.                                                    
                                                                                                                                
Chair   Menard   called  the  roll  of members     on  teleconference   (Senators   Stevens   and                               
Thomas; Speaker Chenault) and there were no objections by those members present.                                                
                                                                                                                                
The motion passed 8-0.                                                                                                          
                                                                                                                                
9. ITB 572 - TERRY MILLER LOB BOILER PIPING REPAIR APPROVAL                                                                   
                                                                                                                                
Chair Menard asked Don Johnston to speak to this item.                                                                          
                                                                                                                                
Don   Johnston,  Building   Manager    for Legislative  Affairs  Agency,   stated that  the Terry                               
Miller  LOB   was  remodeled    in 1997.  The  majority   of the mechanical    was  new  in  1997                               
and  is about 15  years  old now.  Maintenance    has  rebuilt many  of  the pumps   and  motors,                               
etc.; they're aging,  it's time for them  to be replaced.  Since  the entire system  needs  to be                               
taken  down   for draining  and  flushing,  it is a good  time  to make   some  replacements    of                              
aging  parts. Mike   Shilts, the Maintenance    Mechanic,    is on teleconference   in Juneau   in                              
case additional information is needed.                                                                                          
                                                                                                                                
Representative   Herron   moved   Legislative  Council  approve   the award  and  expenditure   of                              
ITB 572 to Behrends Mechanical, Inc. in the amount of $69,189.                                                                  
                                                                                                                                
Chair   Menard   called  the  roll  of members     on  teleconference   (Senators   Stevens   and                               
Thomas; Speaker Chenault) and there were no objections by those members present.                                                
                                                                                                                                
The motion passed 8-0.                                                                                                          
                                                                                                                                
10. ITB 573 - TERRY MILLER LOB SPRINKLER PROJECT APPROVAL                                                                     
                                                                                                                                
Mr.  Johnston  stated that in the same  1997   remodel  of the Terry  Miller  LOB,   the majority                               
of the existing  sprinkler  piping was   kept in place  as it met code  at the  time and  did  not                              
need  to be  reconfigured   for the floor  plan. Since  then, some   of the  sprinkler heads   are                              
now  over  50  years old and  those, by  code,  have to be  replaced. With   some  reconfiguring                                
of offices on  the third floor and  various  other areas, some   of that piping  also now  has  to                              
be  brought   up  to code.  In  the most   recent  inspection,  there  were  quite  a  few  items                               
documented     that need   to be  taken  care  of. Some    sprinkler  heads  in  the  library, for                              
example,   and some   pumps   as well in the pump   room.  This  project is to bring the building                               
up to code per the inspection and needs to be completed by December 2012.                                                       
                                                                                                                                
Representative    Herron    moved     that  Legislative   Council    approve    the  award    and                               
expenditure of ITB 573 to Harri Plumbing & Heating, Inc. in the amount of $29,450.                                              
                                                                                                                                
Chair   Menard   called  the  roll  of members     on  teleconference   (Senators   Stevens   and                               
Thomas; Speaker Chenault) and there were no objections by those members present.                                                
                                                                                                                                
The motion passed 8-0.                                                                                                          
                                                                                                                                
11. CAPITOL BUILDING ENVELOPE CONSULTING SERVICES APPROVAL                                                                    
                                                                                                                                
Chair  Menard    stated  that the  Agency   has  found   that there  is a need   for an  in-depth                               
inspection  for a  more  thorough   evaluation   of the Capitol  Building   portico  and  exterior                              
masonry.   Mr.  Paul  Lukes,  Building  Envelope   Consulting   Services,  was  hired  in 2006  to                              
perform   a  preliminary   field  investigation.  In  2010,  Mr.   Lukes   performed    the work                                
mentioned     in   his  2006    report   and    provided    LAA     with   an   evaluation    and                               
recommendations       report    that   included    significant   observations,    analysis    and                               
recommendations.     LAA   would   like to move   forward   in contract with  Mr.  Lukes   for the                              
next phase:  evaluation,  design development    and  construction  cost estimating.  LAA   is also                              
requesting   approval  of  the contract  in  the amount    not  to exceed   $149,000   under   the                              
Procurement    Procedures   Section  040(B)   which   states "award  of  the contract  under  this                              
paragraph   is in the agency's or committee's   best interest" as Mr.  Lukes  has  completed   the                              
first two phases  and  has been  involved   with this project since  2006.  They  feel it is in the                             
Council's best interest to contract with Mr. Lukes for Phase III.                                                               
                                                                                                                                
Representative    Stoltze  said  he  would    probably   oppose    this. If there  are  potential                               
structural problems    with  the existing  capital  site, he would   like  a broader   discussion                               
about whether there might be better locations to build a legislative hall.                                                      
                                                                                                                                
Senator   Egan  said  he  takes issue  with  his  friend from   the Mat-Su.   This  is a  historic                              
building,  originally constructed  in the '20s. Whether   the capital stays  in Juneau  or not, as                              
a matter  of historical significance this structure, the first territorial capitol building of any                              
significance,  is  our  current   state capital.  We   need   to  make    it structurally  sound,                               
seismically  correct and  it benefits the entire State of Alaska.  He  said he hopes   the capital                              
remains   in his community    forever  but a  new  legislative hall can  be  explored  as well  in                              
Juneau;  currently, it is the state capital building. It houses the Governor,   the Lt. Governor                                
and  every  member   of the  Legislature. He  said  he would   hate to see this structure go  into                              
any  more  disrepair  than  it currently is. He  said the $149,000    that was  approved   by  the                              
Legislature  and  which   must  be  authorized  by  Legislative  Council   is money   well-spent.                               
He  said  he wishes  this had  been  done   in 2006.  Now,   it's 2012  and  it is starting to fail                             
even more with water infiltration and other issues, it is necessary.                                                            
                                                                                                                                
Mr.  Johnston  stated  that what  is being approved   here  is for Phase III; basically, to do an                               
in-depth  analysis  of the  building  structurally  and  the building  envelope.   It will tell us                              
what  the condition  of the building  is, whether  it's a state capital or an office building. At                               
the very  least, that needs to be done.  It has nothing  to do with any  construction  costs. We                                
can  go  through  with  this phase,  get  their reports and,  at that point,  decide  whether   to                              
move   on to Phase  IV  and V.  He  said there are some   serious safety issues with  portions  of                              
the building right now.                                                                                                         
                                                                                                                                
Representative   Stoltze requested  that this item be  moved   further down   the agenda  to give                               
him a chance to reflect and potentially amend the motion.                                                                       
                                                                                                                                
Representative    Herron   read  the  original  motion:  he  moved    that  Legislative  Council                                
approve   the contract  and   exemption   justification with  Paul  Lukes:   Building   Envelope                                
Consulting   Services, LLC   in the amount   not to exceed  $149,000   for Phase  III Evaluation,                               
Design Development and Construction Cost Estimating for Capitol Restoration.                                                    
                                                                                                                                
Chair Menard moved the item down just before the last item (Office Allowance).                                                  
                                                                                                                                
12. LEGAL REPRESENTATIVE APPROVAL                                                                                             
                                                                                                                                
Doug   Gardner,  Legal   Services  Director, stated  that he is addressing  Legislative  Council                                
on  two  separate   motions   to authorize   representation  of  both  the  Legislature  and   the                              
Legislative Budget & Audit Division, and Senator Ellis.                                                                         
                                                                                                                                
Mr.  Gardner  said  that, for the record, legislative immunity   comes  up  quite frequently  and                               
he comes   to Council  per the policy  that was  articulated some   meetings  ago, which   allows                               
pre-approval   from  the Chair  in order to act and  file for the Court in a timely  manner   and                               
then  come   for full Council   approval  as  soon  as  possible  thereafter. Most   of the  time,                              
private  litigants don't  know   anything   about   legislative immunity    and  when    they  are                              
presented   with  a good   argument,   they  back  off. In this particular  case,  the Executive                                
Branch   has been  litigating a case with  some  prescription  drug  companies.   The  Executive                                
Branch   had some   discovery  requests  presented  to them   and, unfortunately,  they  included                               
the Legislative  Budget   &  Audit  Division.  Mr.  Gardner   was  contacted   by Kris  Curtis  of                              
Legislative  Audit  and a request  came  through   Ms.  Varni, and  now  we  have  an order  from                               
Judge Easter that the Legislature needs to respond in discovery.                                                                
                                                                                                                                
Mr.  Gardner  said  we found   out about  this situation late in the game  in the case of State v.                              
McKesson    Corporation    and First  DataBank.   We   have  filed a motion  to quash  a Request                                
for a Production   of  Documents,    which  could   potentially apply  to every  member    of  the                              
Legislature  and  their staff, because  we  believe  it violates legislative immunity    which  is                              
provided   for under  the Alaska  Constitution.  He  believes  the Court  will amend   the  order,                              
but if necessary   we  will go  the Alaska   Supreme   Court.  He  stated  they are  not taking  a                              
position on  the merits of the case  nor trying to change  the outcome.   He  is simply  trying to                              
protect  the Legislature,  Legislative  Audit   and  its members    and  staff. He  is requesting                               
approval by Council so that they are able to complete the briefing in this case.                                                
                                                                                                                                
Chair  Menard    asked  Mr.  Gardner   to speak  to the  second  case  as  well and  requested   a                              
combined motion when he is finished.                                                                                            
                                                                                                                                
Mr.  Gardner   said Senator  Ellis contacted   his office in June.  He  indicated  that a process                               
server was   trying to serve him   and take  a deposition  in a case involving   a motor  vehicle                               
accident   and  some   actions  he  may    have  taken   on  behalf  of  constituents  when    the                              
intersection involved   was  being  revised by  DOT.   He  does not  know  the  name  of the case                               
and  did not attempt  to find  out any  details about  the litigation because  he didn't  want  to                              
highlight  anything  that Senator  Ellis was   concerned   about  with  any private  counsel.  He                               
does  know   one   of the  lawyers  involved   and  did  not  contact  him.  To  his knowledge,                                 
Senator  Ellis has not  been  served. This  may  be  a case where   it just goes away;  however,                                
if Senator   Ellis is served,  it is the  intention  of  Legal  Services   to defend   legislative                              
immunity    where  it comes  down   to  constituent communications.     There  is no  negotiation                               
on  that and we  intend  to be aggressive   with that. He  is asking Council's   full approval  of                              
the Chair's initial approval.                                                                                                   
                                                                                                                                
Chair Menard asked for a combined motion.                                                                                       
                                                                                                                                
Representative    Herron    moved    that  Legislative   Council    authorize   Legal   Services'                               
representation   of  Senator  Johnny    Ellis with  regard   to a  subpoena    for a  deposition,                               
associated  discovery,  or  being  subsequently   called as  a witness  in a plaintiff's personal                               
injury lawsuit  involving   an automobile    accident  in Anchorage    and  related proceedings.                                
This  authorization   of representation   is for actions  in his  capacity  as a  Legislator  and                               
ratifies  the  authorization    for  representation    previously    provided    by   the  Chair.                               
Representative   Herron   further moved   that Legislative  Council   authorize  Legal  Services'                               
representation   of the  Alaska   State  Legislature  and   its members,    staff, agencies,  and                               
divisions  with regard  to discovery  requests  in State v. McKesson   Corporation,   et. al., and                              
related  proceedings.    This  authorization  of  representation  ratifies the authorization   for                              
representation previously provided by the Chair.                                                                                
                                                                                                                                
Representative Peggy Wilson joined the meeting at this time.                                                                    
                                                                                                                                
Chair   Menard   called  the  roll  of members     on  teleconference   (Senators   Stevens   and                               
Thomas;   Speaker   Chenault   and  Representative   P. Wilson)   and  there were  no  objections                               
by those members present.                                                                                                       
                                                                                                                                
The motion passed 9-0.                                                                                                          
                                                                                                                                
13. OFFICE ALLOWANCE                                                                                                          
                                                                                                                                
This item was moved to the bottom of the agenda.                                                                                
                                                                                                                                
14. RFP 569 - HOMER OFFICE SPACE APPROVAL                                                                                     
15. RFP 570 - EAGLE RIVER OFFICE SPACE APPROVAL                                                                               
16. RFP 571 - STATUTE PUBLICATION CONTRACT APPROVAL                                                                           
                                                                                                                                
Representative   Herron   moved    that Legislative   Council  go  into  Executive   Session   per                              
Uniform   Rule  22(b)(1)  and  (2) discussion  of matters, the immediate    knowledge   of which                                
would   adversely  affect the finances  of a government    unit; and discussion  of a matter  that                              
may,  by law,  be required  to be confidential  and ask  that any Legislators  and the following                                
staff remain  in the room   or on  teleconference:  Pam   Varni,  Cathy  Tilton, Doug   Gardner,                                
Tina   Strong  and   Pam    Finley.  The   three  items  are  RFP    569-Homer     Office  Space                                
Approval,   RFP  570-Eagle   River  Office  Space  Approval   and  RFP  571-Statute   Publication                               
Contract Approval.                                                                                                              
                                                                                                                                
The Council went into Executive Session.                                                                                        
11:08:18 AM                                                                                                                   
                                                                                                                                
The Council came out of Executive Session.                                                                                      
11:23:57 AM                                                                                                                   
                                                                                                                                
Chair Menard asked for a combined motion for Items 14, 15 and 16.                                                               
                                                                                                                                
Representative   Herron   moved   that  Legislative  Council  award   RFP   569  to Clayton   and                               
Joan  Ellington  for  Homer   office  space  for $72,564   per  year plus  CPI  for a  three year                               
term;  he moved   that Legislative  Council  award   RFP   570  to Rabah,  LLC   for Eagle  River                               
office  space   for a  one-time   payment    of  $95,000    for  leasehold  improvement      costs                              
approved   by the  Presiding  Officers and  a five-year  lease term  $73,800   per year plus  CPI                               
and; he  said that, in consideration of the recommendation     by  Legislative  Council's Statute                               
Publication  Subcommittee     that Legislative  Council  award   LexisNexis   a contract  in RFP                                
571  for Publication  of the Alaska  Statutes, and  Legislative Council's  further consideration                                
of the terms, conditions  and  pricing  in LexisNexis'  proposal  to provide  statute publication                               
services  for six years, with  the option  for  Legislative  Council  to extend  the  publication                               
contract  for three  additional  two-year   terms,  Council  finds  that awarding    RFP   571  to                              
LexisNexis   is in the best interests of the State of Alaska, and  will provide  the Legislature,                               
the public, Court System, and other government users of the Alaska Statutes with a fairly-                                      
priced, quality resource, and therefore, awards RFP 571 to LexisNexis.                                                          
                                                                                                                                
Representative Johnson joined the meeting at this time.                                                                         
                                                                                                                                
Representative   Johnson   asked if this also includes electronic  publication  of the statutes or                              
were we strictly talking about the publication of the hardbound books.                                                          
                                                                                                                                
Chair Menard stated that it was all inclusive.                                                                                  
                                                                                                                                
Representative   Johnson   asked  if Council  was  in any  way   diminishing   access or  number                                
of passwords    or number   of people   who  can  access  LexisNexis    through  this contract  or                              
will that remain the same as well.                                                                                              
                                                                                                                                
Chair Menard stated it will remain the same.                                                                                    
                                                                                                                                
Chair   Menard   called  the  roll  of members     on  teleconference   (Senators   Stevens   and                               
Thomas;   Speaker   Chenault   and  Representatives   P. Wilson   and  Johnson)   and there  were                               
no objections by those members present.                                                                                         
                                                                                                                                
The motion passed 10-0.                                                                                                         
                                                                                                                                
11. CAPITOL       BUILDING       ENVELOPE        CONSULTING         SERVICES       APPROVAL                                   
    (CONTINUED)                                                                                                               
                                                                                                                                
Chair Menard asked for the amended motion.                                                                                      
                                                                                                                                
Representative   Herron   provided   clarification for those  members    on  teleconference.   He                               
said Representative    Stoltze drafted  a proposed   amendment.     It was  reviewed   by  people                               
present in the room. He said he would state the amendment and then read the full motion.                                        
                                                                                                                                
Representative   Herron  said  the proposed   amendment    reads  "The  purpose  of this contract                               
is to advise the Legislature  of  potential life and/or health and/or  safety  concerns  with  the                              
State Capitol Building located in Juneau, Alaska."                                                                              
                                                                                                                                
Representative    Herron    moved    that  Legislative   Council    approve   the  contract   and                               
exemption   justification with  Paul Lukes:  Building   Envelope   Consulting  Services,  LLC   in                              
the amount    not to exceed   $149,000   for Phase  III Evaluation,   Design  Development     and                               
Construction   Cost  Estimating   for Capitol  Restoration.  The  purpose  of  this contract is to                              
advise  the Legislature  of potential life and/or health  and/or safety concerns   with the  State                              
Capitol Building located in Juneau, Alaska.                                                                                     
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Representative Peggy Wilson asked why the amendment was necessary.                                                              
                                                                                                                                
Chair  Menard    said that  a member    wanted   to add  a  meaningful   amendment     to  it. She                              
offered to have the amendment restated.                                                                                         
                                                                                                                                
Representative   Herron   noted  that the amendment     dealt with  the purpose   of the contract                               
and  restated the amendment:    "The   purpose  of this contract is to advise  the Legislature  of                              
potential life and/or health  and/or  safety concerns  with  the State Capitol  Building  located                               
in Juneau, Alaska."                                                                                                             
                                                                                                                                
Representative   Wilson   said she would   not remove   her  objection  to the amended    motion.                               
She  said  they  can   do  it with  or  without  those   comments    so  she  doesn't   think  it's                             
necessary for those comments to be added.                                                                                       
                                                                                                                                
Senator  Stevens  said he fails to see the need  for the amendment.    He asked  Mr.  Johnston  if                              
the amendment effects in any way what he expects to come out of this study.                                                     
                                                                                                                                
Mr.  Johnston  responded   that he doesn't  see how   it would have  any  effect. He  said we  are                              
asking   for  approval   to  enter  into  a  contract  with   Paul  Lukes   Building    Envelope                                
Consulting   Services,  LLC,  so  it doesn't change   the scope  of his work   or the contract  at                              
all.                                                                                                                            
Alternate member Representative Bill Thomas joined the meeting at this time.                                                    
                                                                                                                                
Chair  Menard    stated  for  those  on  teleconference   that  there  was  agreement    between                                
Senator Egan and Representative Bill Stoltze that the amendment was acceptable.                                                 
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Representative   Herron  noted  there  was  a motion  on  the floor, which  was  stated earlier in                              
the meeting.   He  said  he proposed   an  amendment     to that motion:   "The  purpose   of this                              
contract  is to advise the Legislature  of potential  life and/or health and/or  safety concerns                                
with the State Capitol Building located in Juneau, Alaska."                                                                     
                                                                                                                                
Senator Davis joined the meeting at this time.                                                                                  
                                                                                                                                
Chair Menard called the roll on the proposed amendment.                                                                         
                                                                                                                                
YEAS:           Stevens, Johnson, J. Thomas, Chenault, Davis, Holmes, Stoltze, Egan,                                            
                Herron, Menard                                                                                                  
                                                                                                                                
NAYS:           P. Wilson                                                                                                       
                                                                                                                                
Representative Bill Thomas did not respond to the roll call.                                                                    
                                                                                                                                
The amendment passed 10-1.                                                                                                      
                                                                                                                                
Chair Menard asked for the amended motion.                                                                                      
                                                                                                                                
Representative    Herron    moved    that  Legislative   Council    approve   the  contract   and                               
exemption   justification with  Paul Lukes:  Building   Envelope   Consulting  Services,  LLC   in                              
the amount    not to exceed   $149,000   for Phase  III Evaluation,   Design  Development     and                               
Construction   Cost  Estimating   for Capitol  Restoration.  The  purpose  of  this contract is to                              
advise  the Legislature  of potential life and/or health  and/or safety concerns   with the  State                              
Capitol Building located in Juneau, Alaska.                                                                                     
                                                                                                                                
Chair Menard called the roll.                                                                                                   
                                                                                                                                
YEAS:           Davis, Holmes, Stoltze, Egan, Herron, Menard, Stevens, P. Wilson,                                               
                Johnson, J. Thomas, Chenault                                                                                    
                                                                                                                                
NAYS:           None                                                                                                            
                                                                                                                                
The motion passed 11-0.                                                                                                         
                                                                                                                                
Chair Menard tabled Item 13 - Office Allowance.                                                                                 
                                                                                                                                
The meeting was adjourned at 11:45 a.m.                                                                                         
11:44:08 AM                                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects