House Committee on Local Government (03/03/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	03/03/2009	ATTENDANCE

Time:	01:34 PM to 03:59 PM	Acree	*
		Bradford	*
Place:	HCR 0111	Liston	*
		McKinley	X
This Meeting was called to order by		Middleton	X
	Representative Peniston	Schafer S.	X
		Tipton	X
This Report was prepared by		Vigil	X
	Raegan Robb	Waller	X
		Soper	X
		Peniston	*
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1201 SB09-140		Postponed Indefinitely Referred to the Committee of the Whole

01:35 PM

The vice-chairman, Representative Soper, called the meeting to order and explained that the committee had taken testimony on House Bill 09-1201 on February 17th.

01:37 PM -- House Bill 09-1201

Representative Labuda, prime sponsor, presented House Bill 09-1201, concerning land use planning by governments and the adverse effects of development in close proximity to military installations. Representative Labuda explained that a strike-below amendment had been prepared for the bill, and she distributed the amendment L.003 (Attachment A). She also distributed handouts concerning city development encroaching on military bases and discussed specific cases where development interfered with military operations (Attachments B and C). She discussed the amendment, discussed the need to control growth around military bases, and responded to questions from the committee members concerning changes to the bill made by amendment L.003.

01:59 PM

Committee discussion ensued, and Representative Labuda discussed the economic benefits of military bases in communities and talked about the importance of specific military bases and installations in the state. Representative Labuda addressed questions concerning the powers given to the attorney general by amendment L.003 to bring an action against a local government for violating provisions of the bill. Committee discussion ensued concerning the authority given to the attorney general under amendment L.003. Representative Labuda addressed questions from the committee members concerning the process for developing land use plans by local governments.

02:19 PM

Pat Ratliff, Colorado Counties Inc., testified against the bill and talked about the reasons that Colorado counties were opposed to prepared amendment L.003. She talked about local land use decisions and discussed the problems with the state mandating buffer zones surrounding military installations. Ms. Ratliff addressed questions from the committee members concerning disagreements between military bases and local governments.

02:26 PM

Michael Reisman, Airport Manager, Greeley-Weld County Airport Authority, testified against the bill and prepared amendment L.003. Mr. Reisman explained that the amendment would place more restrictions on local land use master plans and talked about the good relationship between local governments and the Greeley Air National Guard unit stationed at the airport. Mr. Reisman addressed questions from the committee members concerning zoning and development standards for airports.

02:30 PM

Carl Schueler, City Planner, City of Colorado Springs, testified against the prepared amendment and discussed changes to the bill concerning new restrictions for noise near military installations. Mr. Schueler talked about the process for municipalities to change comprehensive land use plans and discussed the issue of property "takings" as it relates to the bill. He addressed questions from the committee members concerning stricter noise restrictions surrounding military bases and airports.

02:35 PM

Jim Bensberg, County Commissioner, El Paso County, testified against the prepared amendment and talked about the importance of military installations to the community of El Paso County. Commissioner Bensberg talked about the specific success of county land use planning in conjunction with military installations in El Paso County. Commissioner Bensberg addressed questions from the committee members concerning the balance between military bases and local governments.

02:41 PM

John Faulkner, Colorado Springs, Colorado Springs Airport, testified against the amendment and talked about the relationship between the municipal airport and Peterson Air Force Base. Mr. Faulkner talked about the administration of compatibility requirements outlined in the amendment and talked about use agreements between the municipal airport and Peterson Air Force Base.

02:46 PM

Brigadier General Trulan Eyre, Wing Commander, Colorado Air National Guard, testified in support of the bill and prepared amendment L.003. Brigadier General Eyre talked about the importance of military bases to local and state economies, discussed nine other states that have passed legislation to ensure safe buffer zones around military installations, and talked about past military base closures in the state. He discussed the requirements that would be established by the bill and addressed questions from the committee members concerning military installations in Colorado that had to close due to encroaching development. He talked about future needs of Air Force installations and addressed questions concerning current Federal Aviation Administration restrictions and the restrictions that would be established in the bill.

03:02 PM

Kevin Ward, United States Department of Defense, testified in support of the bill and the prepared amendment L.003. He distributed maps of the City of Colorado Springs and Fort Carson to the committee (Attachment D). Mr. Ward talked about the need for local governments to consider compatibility with military installations and discussed the issue of a property "takings" created by House Bill 09-1201. He also referred to his handout and discussed the development of the City of Colorado Springs encroaching around Fort Carson Military Base and addressed questions from the committee members concerning similar legislation in other states.

03:09 PM

Walter Paul, legislative liaison, Department of Military Veterans Affairs, testified in support of the prepared amendment L.003, talked about the need to preserve military installations throughout the state, and explained that they need to be established as a state interest in law. Mr. Paul discussed the fiscal impact of the bill on local governments and discussed a program offered by the Department of Defense to assist local governments in accommodating land use needs surrounding military installations.

03:13 PM

Greg Romberg, City of Aurora, testified against the bill and talked about the Defense Base Closure and Realignment Commission (BRAC), which deals with the closure process of military bases. Mr. Romberg talked about the specific closures of the Lowry and Fitzsimmons bases and he explained that the closure of these bases was not due to growth encroachment.

03:17 PM

Representative Labuda made closing comments on the bill and prepared amendment L.003 (Attachment A).


BILL:	HB09-1201
TIME:	03:18:53 PM
MOVED:	Schafer S.
MOTION:	Moved amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:	Middleton
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1201
TIME:	03:30:57 PM
MOVED:	Middleton
MOTION:	Moved to refer House Bill 09-1201, as amended, to the Committee of the Whole. The motion failed on a 3-8 vote.
SECONDED:	Schafer S.
		VOTE
	Acree	No
	Bradford	No
	Liston	No
	McKinley	No
	Middleton	Yes
	Schafer S.	Yes
	Tipton	No
	Vigil	No
	Waller	No
	Soper	Yes
	Peniston	No

Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1201
TIME:	03:32:02 PM
MOVED:	Waller
MOTION:	Moved to postpone House Bill 09-1201 indefinitely. The motion failed on a 5-6 vote.
SECONDED:	McKinley
		VOTE
	Acree	Yes
	Bradford	Yes
	Liston	No
	McKinley	Yes
	Middleton	No
	Schafer S.	No
	Tipton	No
	Vigil	No
	Waller	Yes
	Soper	No
	Peniston	Yes

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1201
TIME:	03:33:26 PM
MOVED:	Waller
MOTION:	Moved to lay House Bill 09-1201 over until June 10, 2009. The motion passed on a 11-0 vote.
SECONDED:	Tipton
		VOTE
	Acree	Yes
	Bradford	Yes
	Liston	Yes
	McKinley	Yes
	Middleton	Yes
	Schafer S.	Yes
	Tipton	Yes
	Vigil	Yes
	Waller	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:41 PM -- Senate Bill 09-140

Representative Fischer, prime sponsor, presented Senate Bill 09-140, concerning a requirement that public trustees serve at the pleasure of the governor. Representative Fischer explained that the bill was recommended by the Committee on Legal Services. He explained that the bill clarifies state law to specify that persons appointed to serve as public trustees serve at the pleasure of the governor. He talked about the work load and duties of public trustees and explained that any person serving as a public trustee must report to the governor at such times and on such matters as the governor may require. He addressed questions from the committee members and clarified that the bill would require public trustees to report to their respective counties as well as the governor.

03:42 PM

Rich Gebhardt, Public Trustee, Boulder County, testified in support of the bill, talked about the history of public trustees in Colorado, and explained the need to have public trustees appointed and removed by the governor. He discussed the job description for public trustees and specifically discussed foreclosures and deed release issues. Mr. Gebhardt explained that the bill clarifies the governor's authority to remove appointees and also clarifies annual reporting requirements to the governor. He addressed questions concerning the loss of just cause by public trustees, the need for the governor to have the ability to remove appointed public trustees, and the salaries of public trustees and county treasurers.

03:55 PM

Representative Fischer entered closing comments on the bill.


BILL:	SB09-140
TIME:	03:57:13 PM
MOVED:	Middleton
MOTION:	Moved to refer Senate Bill 09-140 to the Committee of the Whole. The motion passed on a 10-0-1 vote.
SECONDED:	Soper
		VOTE
	Acree	Yes
	Bradford	Yes
	Liston	Yes
	McKinley	Excused
	Middleton	Yes
	Schafer S.	Yes
	Tipton	Yes
	Vigil	Yes
	Waller	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:58 PM

Representative Peniston made comments regarding the committee's upcoming schedule.

03:59 PM

The committee adjourned.