Joint Committee Committee on Capital Development (10/23/2009)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON CAPITAL DEVELOPMENT

Date:	10/23/2009	ATTENDANCE

Time:	09:01 AM to 10:27 AM	Kopp	*
		McFadyen	*
Place:	SCR 356	Schwartz	X
		Sonnenberg	X
This Meeting was called to order by		Bacon	X
	Representative Riesberg	Riesberg	X

This Report was prepared by
	Kori Donaldson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Election of New Chair and Vice-Chair Division of Vocational Rehabilitation FY 2009-10 Supplemental Division of State Veterans Nursing Homes FY 2009-10 Supplemental Colorado School of Mines Cash and Supplemental Requests University of Northern Colorado Cash Request Division of Wildlife Real Property Transactions Capitol Building Advisory Committee Recommendation Other Business		Pass Pass Pass Pass Pass Pass Pass Witness Testimony and/or Committee Discussion Only

09:01 AM -- Election of New Chair and Vice-Chair

The meeting was called to order. A quorum was present. The first order of business was the election of a new chairman and vice-chairman, pursuant to Section 2-3-1302 (2), C.R.S., which requires that the Capital Development Committee elect a chairman and vice-chairman at the first meeting held on or after October 15 in each odd-numbered year.


BILL:	Election of New Chair and Vice-Chair
TIME:	09:01:58 AM
MOVED:	Schwartz
MOTION:	Nominate Senator Bob Bacon to serve as chair and Representative Jim Riesberg to serve as vice-chair of the Capital Development Committee. The motion passed on a vote of 4-0-2.
SECONDED:
		VOTE
	Kopp	Excused
	McFadyen	Excused
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 4 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

09:02 AM -- Department of Human Services, Division of Vocational Rehabilitation, FY 2009-10 Informational Supplemental Request

Ms. Nancy Smith, Director, Division of Vocational Rehabilitation (DVR), Department of Human Services, and Mr. Chuck Busch, Applications Manager -- Institutions, Governor's Office of Information Technology, presented a FY 2009-10 informational supplemental request for the Colorado AWARE VR Case Management System project. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment A). Ms. Smith addressed a question about the need for the new software and commented on state and federal tracking regulations for services provided by the DVR.


BILL:	Department of Human Services, Division of Vocational Rehabilitation
TIME:	09:07:20 AM
MOVED:	Riesberg
MOTION:	Approve the Department of Human Services supplemental request for federal-funds spending authority ($1,152,850 FF) for the Colorado AWARE VR Case Management System project. The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Excused
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

09:08 AM -- Department of Human Services, Division of State Veterans Nursing Homes, FY 2009-10 Informational Supplemental Request

Mr. Brad Membel, Director, Division of Facilities Management, Mr. Don Lawhead, Project Manager, Division of Facilities Management, and Mr. Gary Dickey, Administrator, Colorado State Veterans Nursing Home Walsenburg, all of the Department of Human Services, presented a FY 2009-10 informational supplemental request for the Quality of Life Improvement Project, Colorado State Veterans Nursing Home Walsenburg. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment B). Mr. Lawhead addressed a question about the project's funding source.


BILL:	Department of Human Services, Division of State Veterans Nursing Homes
TIME:	09:12:17 AM
MOVED:	McFadyen
MOTION:	Approve the supplemental request for cash- and federal-funds spending authority ($2,023,758, including 708,315 CF and 1,315,443 FF) for the Quality of Life Improvement Project, State Veterans Nursing Home Walsenburg. The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Excused
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

09:15 AM

After the vote, Representative Riesberg spoke about an upcoming legislator tour of the Colorado State Veterans Nursing Home at Walsenburg.

09:16 AM -- Colorado School of Mines Requests

Mr. Chris Cocallas, Director of Capital Planning and Construction, presented three requests, including a FY 2009-10 cash-funded supplemental request and two FY 2010-11 cash-funded requests. Mr. Cocallas began by summarizing the FY 2009-10 cash-funded supplemental request for the New Residence Hall. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment C).


BILL:	Colorado School of Mines
TIME:	09:18:05 AM
MOVED:	Riesberg
MOTION:	Approve the supplemental request for additional cash funds spending authority ($3,016,497 CF) for the New Residence Hall (202 project) contingent upon approval by the Trustees of the Colorado School of Mines. The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Excused
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

09:18 AM

Mr. Cocallas continued with his presentation and summarized the FY 2010-11 cash-funded request for the Student Health and Wellness Center. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment D). Mr. Cocallas addressed a question about the student health fee and the services provided by the Student Health Center. Discussion ensued about the mandatory student health fee. Mr. Cocallas addressed a concern about the necessity of the project in the current economic climate. Discussion turned to the need for new jobs in a poor economy.


BILL:	Colorado School of Mines
TIME:	09:24:05 AM
MOVED:	Riesberg
MOTION:	Approve the request for cash funds spending authority ($2,799,892 CF) for the Student Health and Wellness Center project contingent upon approval by the Trustees of the Colorado School of Mines. The motion passed on a vote of 5-1-0.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	No
	Bacon	Yes
	Riesberg	Yes
Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:24 AM

Mr. Cocallas next presented a FY 2010-11 cash-funded request for the Weaver Tower Renovation. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment E). Mr. Cocallas addressed a question about Leadership in Energy and Environmental Design (LEED) certification. He explained that the school would not seek LEED certification because the structure of the building's walls cannot be modified sufficiently to qualify; however, he then explained that the project will still strive for sustainability.


BILL:	Colorado School of Mines
TIME:	09:29:14 AM
MOVED:	Riesberg
MOTION:	Approve the request for cash funds spending authority ($9,999,933 CF) for the Weaver Tower Renovation project contingent upon approval by the Trustees of the Colorado School of Mines. The motion passed on a vote of 5-1-0.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	No
	Bacon	Yes
	Riesberg	Yes
Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:30 AM -- University of Northern Colorado Cash Request

Mr. Randal Haack, Senior Vice President for Finance and Administration and Mr. Kirk Leichliter, Assistant Vice President for Facilities Management, both of the University of Northern Colorado, presented a FY 2010-11 cash-funded request for the Butler Hancock Interior Renovation project. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment F). Mr. Haack responded to questions regarding the current academic uses of the building and the university's participation in Division I athletics.


BILL:	University of Northern Colorado
TIME:	09:33:34 AM
MOVED:	Riesberg
MOTION:	Approve the request for cash funds spending authority ($3,000,000 CF) for the Butler Hancock Interior Renovation project. The motion passed 6-0.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:34 AM -- Division of Wildlife Real Property Transactions (3)

Mr. Grady McNeill, Resource Support Section Manager, and Ms. Anne Kelson, Real Estate Unit Supervisor, both of the Division of Wildlife (DOW), presented three real property transactions. Mr. McNeill began by summarizing the Torres Ranch State Habitat Area Conservation Easement #5 property transaction. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment G). (The committee considered and approved the Torres Ranch State Habitat Area Conservation Easements #1 through #4 at its June 22, 2009 meeting.) In response to a question, Mr. McNeill explained that this request was not included with the other Torres Ranch Conservation Easement property transactions considered by the committee in June because there was some confusion about the name listed on the property title. He then responded to a question about allowable public access on the property and said the property owner will allow access to some outfitters. Mr. McNeill next addressed concerns raised by the letters of concurrence, including natural gas development and public access on the property. Discussion continued about public access on conservation easements, including how the cost of a conservation easement increases if a property owner agrees to allow public access for wildlife viewing, hunting, or fishing. Mr. McNeill provided clarification about why DOW is seeking a conservation easement for the property.

09:45 AM

Discussion continued about the Torres Ranch Conservation Easement #5 real property transaction. Mr. McNeill addressed a question about adjacent properties not protected by the conservation easement. Ms. Nelson said the conservation easement will not impact energy uses on nearby properties. Discussion continued about the uses of adjacent properties and the protection of a wildlife migration corridor.


BILL:	Division of Wildlife
TIME:	09:52:34 AM
MOVED:	Schwartz
MOTION:	Recommend support for the purchase of the Torres Ranch State Habitat Area Conservation Easement #5 ($201,000 CF, including $100,500 Habitat Stamp funds and $100,500 GOCO funds, for 276 acres). The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:53 AM

Mr. McNeill next presented the Berthelson Ranch State Habitat Area (SHA) Conservation Easement property transaction. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment H). Mr. McNeill responded to a question about the annual operating costs required to monitor conservation easements. He then explained the division's responsibilities regarding monitoring and maintaining conservation easements. In response to a question, Mr. McNeill explained that the Berthelson SHA Conservation Easement will protect habitat for sage-dependent species such as the Greater Sage Grouse. Ms. Kelson addressed a question about how the cost of the conservation easement would change if public access were granted. She explained that including public access in the conservation easement price can increase the total value by 20 to 40 percent.


BILL:	Division of Wildlife
TIME:	10:04:35 AM
MOVED:	Riesberg
MOTION:	Recommend support for the purchase of the Berthelson Ranch State Habitat Area property ($1,840,000 CF, including 920,000 Wildlife Cash funds and 920,000 GOCO funds, for 1,634 acres.) The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:05 AM

Mr. McNeill presented a third and final real property transaction for the Loma Boat Launch State Wildlife Area, Property Exchange. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment I).


BILL:	Division of Wildlife
TIME:	10:07:02 AM
MOVED:	Sonnenberg
MOTION:	Recommend support for a deed of .11 acres of state-owned land in exchange for 1.42 acres of privately owned land at the Loma Boat Launch State Wildlife Area. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:07 AM -- Capitol Building Advisory Committee Recommendation

Senator Bob Bacon, Vice Chair, Capitol Building Advisory Committee (CBAC), presented a recommendation from the CBAC to refurbish the State Capitol Cafe. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment J). Committee members made various suggestions regarding the project, including using materials with low VOC emissions and recycling or donating the old furniture from the Capitol Cafe.


BILL:	Capitol Building Advisory Committee
TIME:	10:15:49 AM
MOVED:	Kopp
MOTION:	Approve the proposal from the Capitol Building Advisory Committee that the Department of Human Services, Division of Vocational Rehabilitation Business Enterprise Program replace and refurbish the furniture in the State Capitol Cafe using federal stimulus dollars. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:16 AM -- Other Business

Potential committee legislation. Representative Riesberg asked the committee to consider sponsoring legislation allowing the Department of Personnel and Administration (DPA) to enter into a lease-purchase agreement to purchase or construct an office building on state land adjacent to the State Capitol for the purpose of collocating state agencies currently leasing space in the Denver Central Business District. The lease-purchase agreement would be financed using existing agency lease appropriations. Committee members received a summary of the request, prepared by DPA (Attachment K).


BILL:	Potential Legislation
TIME:	10:18:24 AM
MOVED:	Riesberg
MOTION:	Direct the Office of Legislative Legal Services to work with the Governor's Office of State Planning and Budgeting and the Department of Personnel and Administration (DPA) to draft legislation authorizing lease-purchase authority to DPA to acquire or build a new state office building on land adjacent to the State Capitol using existing agency lease appropriations. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Bacon	Yes
	Riesberg	Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:19 AM

Upcoming meetings. Senator Bacon reminded the committee that it is scheduled to meet December 1, 2, and 3 to consider FY 2010-11 capital requests and some action items. He also told the committee that it is invited to attend the presentation of the December forecast by Legislative Council and the Governor's Office of State Planning and Budgeting on December 18, 2009, at 10:00 a.m. The committee discussed various scheduling conflicts interfering with the December 1, 2, and 3 meetings and decided to consider action items on December 2 and 3 only. Discussion continued about various scheduling conflicts and attendance at the committee's December meetings.

10:27 AM

The meeting adjourned.