Final
STAFF SUMMARY OF MEETING

COMMITTEE ON CAPITAL DEVELOPMENT
Date:12/13/2005
ATTENDANCE
Time:09:33 AM to 11:15 AM
Berens
X
McElhany
E
Place:SCR 356
Riesberg
X
Windels
X
This Meeting was called to order by
McFadyen
*
Senator Bacon
Bacon
X
This Report was prepared by
Bo Pogue
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
CSM Supplemental Request
Division of Wildlife Property Transaction
DOW Waiver Request
Dept. of Public Health and Env. Waivers
Capitol Circle Parking Proposal
Potential 2006 CDC Legislation		Approved
Approved
Approved
Approved
None
Approved

09:35 AM - Call to Order

The committee was called to order. A quorum was present.

09:35 - Colorado School of Mines

Dr. John Trefny, President of Colorado School of Mines (Mines), gave an overview of the functions and building deficiencies of the Center for Teaching and Learning Media (formerly the Green Center), and the need for approval of an emergency supplemental request. The college requests an emergency supplemental of $1,550,997 for the completion of an addition to the center in FY2005-06 in order to avoid escalating construction costs. Attachment A, prepared by Legislative Council Staff, outlines the supplemental request. Attachment B is a Mines response to a staff question from Attachment A. Dr. Trefny explained that the bid for the project was updated as of December 9.



In response to a question regarding funding of the project through private donations, Dr. Trefny clarified that the original Green Center project was for $25 million for asbestos abatement and other improvements. Since then, the scope of the project has shifted. This is the first stage of the larger project. A discussion of this point ensued. Mr. Jim Cole, a lobbyist for Mines, explained that the Joint Budget Committee (JBC) authorized $2.3 million with a footnote, which footnote was later vetoed by the governor.
BILL:Colorado School of Mines Supplemental Request
TIME: 09:50:17 AM
MOVED:McFadyen
MOTION:Approve the Colorado School of Mines' emergency supplemental request of $1,550,997 CCFE for the FY 2005-06 appropriation to the addition to the Center for Teaching and Learning Media project. The motion passed on a 5-0-1 roll call vote
SECONDED:
VOTE
Berens
Yes
McElhany
Excused
Riesberg
Yes
Windels
Yes
McFadyen
Yes
Bacon
Yes
Not Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



09:52 AM - Division of Wildlife

Mr. Tom Nessler, Manager, Wildlife Conservation Section, Division of Wildlife (DOW), provided an overview of the division's proposal for a perpetual conservation easement donation on the Kaichen family's property. Committee members were provided with descriptions of the request, prepared by Legislative Council Staff (Attachment C) and DOW (Attachment D). Mr. Nessler and Ms. Debbie Stafford, DOW, responded to questions from the committee regarding a prior acquisition from the Kaichen family, sage grouse habitat, and the source of funding for the project.
BILL:Division of Wildlife Property Transaction
TIME: 10:05:08 AM
MOVED:Riesberg
MOTION:Approve the Division of Wildlife's property transaction proposal for the Kaichen Perpetual Conservation Easement Proposal. The motion passed on a 5-0-1 roll call vote.
SECONDED:
VOTE
Berens
Yes
McElhany
Excused
Riesberg
Yes
Windels
Yes
McFadyen
Yes
Bacon
Yes
Not Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



10:07 AM

Mr. Nessler, DOW, described the division request for a waiver from the six-month encumbrance rule for two projects, pursuant to Section 24-30-1404, C.R.S. The division seeks a waiver for $1,872,764 cash funds exempt (CFE) and federal funds for construction and maintenance of motorboat access facilities on lakes and streams, and a waiver for $3,497,590 CFE for real property acquisition. Attachments E, F, and G provide overviews of the projects. Mr. Ed Frazar, Chief Engineer, DOW, fielded questions from the committee regarding the timing of individual improvements, federal funding, and the status of individual boat launches.
BILL:Department of Wildlife Property Acquisition Waiver
TIME: 10:12:01 AM
MOVED:McFadyen
MOTION:Approve the Division of Wildlife's request for a waiver from the six-month encumbrance rule for: (1) $3,497,590 CFE of the FY 2005-06 appropriation of $3.5 million to the Property Acquisitions project; and (2) $1,872,764 of the FY 2005-06 appropriation of $2,090,500 for the Motorboat Access on Lakes and Streams project ($585,340 CFE and $1,505,160 FF). The motion passed on a 5-0-1 roll call vote.
SECONDED:
VOTE
Berens
Yes
McElhany
Excused
Riesberg
Yes
Windels
Yes
McFadyen
Yes
Bacon
Yes
Not Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





10:13 AM - Department of Public Health and Environment

Mr. Gary Baughman, Director, Hazardous Materials and Waste Management Division, Department of Public Health and Environment, provided an overview of the Brownfields Cleanup and Natural Resources Damage Restoration waiver projects. The department seeks waivers for the full appropriations of $250,000 CF from the Hazardous Substance Response Fund and $7.5 million CFE from the Natural Resource Damage Recovery fund to clean up contaminated property sites and restore or replace natural resources damaged or lost as a result of hazardous substance releases. Attachments H and I provide overviews of the requests. Mr. Baughman responded to questions from the committee regarding Appendix A (appended to Attachment H) and the status of funds from court settlements.
BILL:Department of Public Health Brownfields Cleanup and Natural Resources Damage Restoration Waivers
TIME: 10:20:22 AM
MOVED:Riesberg
MOTION:Approve the Colorado Department of Public Health and Environment's request for waivers from the six-month encumbrance rule for: (1) the FY 2005-06 appropriation of $250,000 CF to the HB 00-1306 Site Cleanups project; and (2) the FY 2005-06 appropriation of $7,500,000 CFE to the Natural Resources Damage Restoration project. The motion passed on a 5-0-1 roll call vote.
SECONDED:
VOTE
Berens
Yes
McElhany
Excused
Riesberg
Yes
Windels
Yes
McFadyen
Yes
Bacon
Yes
Not Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:21 AM - Capitol Circle Parking

Mr. Jeff Wells, Executive Director, Department of Personnel and Administration, gave some background on the actions of the Capitol Building Advisory Committee with regard to a proposal to modify Capitol circle parking. Mr. Larry Friedberg, State Architect, explained the new truck off-loading arrangement, as well as options for relocating the handicapped parking stalls. Mr. Friedberg and Mr. Wells responded to questions from the committee.



10:44 AM - Proposal for Legislation

Ms. Jennifer Moe, Legislative Council Staff, provided an overview of potential Capital Development Committee (CDC) legislation to clarify CDC and Joint Budget Committee (JBC) duties. Attachment J is a draft of the proposed legislation. Ms. Jennifer Gilroy, Office of Legislative Legal Services, came to the table to explain the potential legislation's cross-referencing of reauthorization of the statutory authority for both the JBC and the CDC.
BILL:Potential 2006 CDC Legislation
TIME: 12:25:27 PM
MOVED:Berens
MOTION:Proceed with draft legislation (Attachment I), with the addition of a safety clause. Senator Bacon/Representative McFadyen will co-sponsor the bill, which will start in the Senate. The motion passed on a 5-0-1 roll call vote.
SECONDED:
VOTE
Berens
Yes
McElhany
Excused
Riesberg
Yes
Windels
Yes
McFadyen
Yes
Bacon
Yes
Not Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

Following the vote, discussion ensued regarding the expansion of the bill to further clarify committee duties in conjunction with the JBC. Sen. Windels offered that the CDC should discuss other potential legislation. Sen. Bacon suggested such a discussion as an agenda item for a future meeting.

Ms. Moe discussed the upcoming CDC meeting schedule. Committee members agreed to meet on Tuesdays and Thursdays beginning at 7:30 a.m. during the legislative session. Ms. Amy Zook, Legislative Council Staff, explained the schedule for JBC supplemental hearings. The committee discussed the upcoming CDC meetings on January 4-6.