Joint Committee Committee on Capital Development (12/03/2009)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON CAPITAL DEVELOPMENT

Date:	12/03/2009	ATTENDANCE

Time:	09:34 AM to 04:40 PM	Kopp	X
		McFadyen	*
Place:	SCR 356	Schwartz	X
		Sonnenberg	X
This Meeting was called to order by		Riesberg	E
	Senator Bacon	Bacon	X

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

Bills Addressed:		Action Taken:
Colorado Community College System Western State College Department of Revenue Colorado School for the Deaf and the Blind Colorado Historical Society Department of Public Health and Environment Department of Military and Veterans Affairs Division of Parks and Outdoor Recreation Division of Wildlife Office of the State Architect		Pass Pass Pass Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Pass Witness Testimony and/or Committee Discussion Only Pass Pass Witness Testimony and/or Committee Discussion Only

09:34 AM -- Colorado Community College System Overview

The committee was called to order. A quorum was present. Dr. Nancy McCallin, President, and Mr. Cliff Richardson, Vice President for Finance and Administration, Colorado Community College System, provided an overview of capital need for the community college system. Dr. McCallin provided the committee with an update on previously approved projects and noted that three colleges in the system are currently constructing facilities. She stated that the need for new projects in the system is driven by enrollment growth on the campuses. For example, she indicated that the system has seen a 20 percent growth in enrollment in the past year. Dr. McCallin stated that the community college system has submitted six state-funded and five cash-funded FY 2010-11 capital project requests. Committee members received the system's Two-Year Projection of Cash Need, prepared by Legislative Council Staff (Attachment A). Dr. McCallin closed by discussing the controlled maintenance needs of the various colleges in the system.

09:41 AM -- Arapahoe Community College

Dr. Linda Bowman, President, and Mr. David Shellberg, Executive Vice President, Arapahoe Community College, spoke about the college's capital needs, including a two-year cash list. Dr. Bowman explained that the campus has a cafeteria that does not function in a way that is beneficial for the college and presented a cash request for the Food Court, Student Lounge, and Multi-Use Facility project (listed in Attachment A). She explained that the project will reconfigure the space to be used for multiple purposes.

09:46 AM

Dr. Bowman addressed questions about student enrollment and existing student fees. She indicated that student fees may change based on student and capital needs on campus. Dr. McCallin noted that the fee levels at community colleges are relatively low, but they may need to be raised to generate revenue for capital projects. Dr. McCallin also discussed tuition increases.

09:51 AM -- Colorado Northwestern Community College

Dr. John Boyd, President, Colorado Northwestern Community College (CNCC), presented two FY 2010-11 cash-funded requests, including: (1) Rangely Wellness Center, Phase I; and (2) Rector Science Building Renovations. (Both projects are detailed in Attachment A.) Dr. Boyd also discussed a project currently underway that was funded with Federal Mineral Lease revenues. He related to the committee that the CNCC capital campaign is going well and that the college has almost reached its fundraising goal.

09:56 AM -- Front Range Community College

Mr. Andy Dorsey, President, Front Range Community College (FRCC), discussed the college's capital needs and presented a FY 2010-11 request for the Student Services / Math Renovation project. He updated the committee about a capital project that is currently underway and discussed the FY 2010-11 state-funded request. Mr. Dorsey stated that FRCC is looking for creative solutions to fund the project since state dollars are scarce. He also discussed a controlled maintenance request for an external electrical system.

10:02 AM

Discussion ensued about the Student Services / Math Renovation project. In response to a question about partnering with local high schools to offer classes, Dr. McCallin noted that the community colleges have seen an increase in their dual credit programs. Mr. Richardson also spoke about efforts to develop more concurrent enrollment and fifth-year programs. Discussion ensued.

10:10 AM -- Northeastern Junior College

Dr. Lance Bolton, President, Northeastern Junior College (NJC), discussed the college's capital needs, including a FY 2010-11 request from state funds for the E.S. French Renovation project, and a cash-funded request (listed in Attachment A) for a New Residence Hall. Dr. Bolton explained that the population demographics of the region have changed and in order to maximize the use of the academic facilities on the campus, NJC needs to be able to house more students on campus. He stated that the college has the largest residential population of any of the community colleges. He also stated that a local donor has provided $2 million towards the construction of a new residence hall and that the college plans to bond for the remainder of the project. Dr. Bolton continued to present the state- and cash-funded requests. In response to a question, Dr. Bolton explained that the college plans to use the Higher Education Revenue Bond Intercept Program for the New Residence Hall project.

10:17 AM -- Otero Junior College

Mr. Gary Ashida, Vice President of Administrative Services, Otero Junior College (OJC), discussed the college's capital needs and presented a FY 2010-11 request for the Nursing / Science Improvements project. He stated that enrollment in OJC's nursing program has grown by 88 percent in the last five years. He also explained the college's dual credit program and stated that the college has agreements with all eight area school districts. Discussion ensued about enrollment in various programs. In response to a question, Mr. Ashida indicated that most of OJC's enrollment is local, but that approximately 20 percent of its students may be from the Denver metro area. Discussion turned to nursing programs and waiting lists at various higher education institutions.

10:24 AM -- Pikes Peak Community College

Dr. Tony Kinkel, President, and Mr. Michael Young, Vice President of Administrative Services, Pikes Peak Community College (PPCC), presented a cash-funded request for the Science Laboratories Renovation, Centennial Campus project (see Attachment A). Dr. Kinkel explained that the project will allow the college to meet national science standards. He also discussed partnerships that the college has entered into with the Classical Academy. Dr. Kinkel noted that PPCC has been reaching out to home-schooled children as well.

10:31 AM -- Pueblo Community College

Dr. J.D. Garvin, President, Pueblo Community College, discussed the college's capital needs and presented a FY 2010-11 request for the Academic Building -- Learning Center Renovation project. He described the college's service area and explained that many students come to community college after years of not being in school, and that these students need to learn how to learn. He said the learning center project will accommodate remedial instruction and aid with retention. Dr. Garvin also described a controlled maintenance request for the San Juan campus. He then discussed the college's dual enrollment program and addressed questions about controlled maintenance needs on the San Juan campus.

10:41 AM -- Red Rocks Community College

Dr. Michele Haney, President, and Ms. Peggy Morgan, Vice President for Administrative Services, Red Rocks Community College (RRCC), discussed the college's capital needs and presented a FY 2010-11 request for the Construction and Industry Trades Center Addition and Remodel project. Dr. Haney stated that Colorado is in need of skilled technicians, and it is necessary to build an addition and renovate the construction trades building in order to bring it up to code and offer quality instruction. She explained that the college's construction trades and energy programs are growing, and that the energy programs are becoming a focus for the college. Dr. Haney said that RRCC also has the largest fine woodworking program in the western United States and the college is anticipating a 30 percent growth in enrollment for these programs.

10:48 AM

Ms. Morgan discussed future capital needs for the campus, including a library renovation, a technology system upgrade, and a phone system upgrade.

10:49 AM -- Trinidad State Junior College

Ms. Laurie Weber, Budget Director, Trinidad State Junior College, presented a FY 2010-11 request for the Alamosa Campus Expansion project. She explained that the project will expand the main academic building on the Valley Campus, which is located in Alamosa and serves five counties. Ms. Weber said the building was originally constructed as an elementary school and was remodeled in 1998. However, enrollment at the campus is growing and the college has had to lease space in the surrounding community. According to Ms. Weber, the use of multiple sites impedes the collegiate experience for students and makes it difficult to schedule classes. Ms. Weber addressed a question about leasing classroom space off campus.

10:56 AM

Dr. Haney, former President of Morgan Community College (MCC), returned to the table to address a question about the phone system at MCC and indicated that the system has been fixed.


BILL:	Colorado Community College System
TIME:	10:57:53 AM
MOVED:	Schwartz
MOTION:	Approve the Colorado Community College System's Two-Year Projection of Cash Need (see Attachment A). The motion passed on a vote of 4-0-2.
SECONDED:
		VOTE
	Kopp	Excused
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Riesberg	Excused
	Bacon	Yes
Final YES: 4 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

10:59 AM -- Western State College

Dr. Jay Helman, President, Mr. Brad Baca, Vice President for Finance and Administration, and Mr. Andrew Jenkins, Associate Vice President for Finance and Administration, all of Western State College, presented the college's three FY 2010-11 requests and its two-year and five-year projection of capital need. Dr. Helman described a need to create a culture of health and wellness on the campus. Dr. Helman thanked the committee for its past support and described renovations to various buildings on campus, including Kelley Hall.

11:06 AM

Mr. Jenkins summarized the college's process of assessing its physical campus. He also described the results of an energy performance audit and updates to Western State College's campus master plan.

11:10 AM

Mr. Baca provided an overview of the projects under consideration by the committee, including three FY 2010-11 requests: (1) Paul Wright Gym; (2) Quigley Hall Renovation; and (3) Press Box Expansion and Renovation. He also presented a cash-funded request for the Shavano Apartment Complex project. Committee members received the college's Two-Year Projection of Cash Need, prepared by Legislative Council Staff (Attachment B). Mr. Baca noted that the requested projects will help the college meet health- and life-safety standards, and will also better enable it to meet expanding enrollment and student demands. He acknowledged the economic pressures on the state and discussed the college's steps to pursue private funds and to encourage students to prioritize their requests. Representatives from Western State College responded to questions and comments from members of the committee regarding improvements made to the college's facilities.

11:17 AM

In response to a question, Mr. Baca provided additional background information on the Shavano Apartment Complex project.


BILL:	Western State College
TIME:	11:18:42 AM
MOVED:	Schwartz
MOTION:	Approve Western State College's Two-Year Projection of Cash Need (see Attachment B). The motion passed on a vote of 4-0-2.
SECONDED:
		VOTE
	Kopp	Excused
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Riesberg	Excused
	Bacon	Yes
Final YES: 4 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

11:20 AM -- Department of Revenue

Ms. Roxy Huber, Executive Director, and Ms. Kirstie Nixon, Operations Director, Motor Carrier Services Division, both of the Department of Revenue, presented the department's five FY 2010-11 requests and a five-year projection of capital need. Director Huber first presented a request for the Colorado Integrated Tax Architecture (CITA) project and stated that CITA is the department's number one priority. Director Huber noted that two of five phases have already been implemented successfully. Director Huber next introduced a FY 2009-10 informational supplemental request for the Loma Port-of-Entry Repair and Abatement project. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment C).

11:24 AM

Ms. Nixon summarized the mobile unit operations of the ports-of-entry. She displayed a sample of the scales the mobile units use on a daily basis and demonstrated how a mobile scale is used. She explained that mobile scales wear out after too many vehicles have driven over them. Ms. Nixon noted that it takes at least eight scales to weigh vehicles to ensure compliance with weight limitations. She also stated that statute mandates that ports be operated 24 hours a day, 7 days a week. She described potential revenue loss from port closures, and indicated that planned closures for upgrades and renovations to port facilities will allow staff time to prepare alternate weighing procedures.

11:31 AM

In response to comments from the committee, Ms. Nixon provided further detail on the department's requests. Ms. Nixon remarked that although the scales requested by the department are expensive, mobile units generate revenue through their enforcement activities. She provided an overview of construction needs at the Dumont and Limon Ports-of-Entry. She also discussed the deteriorating building at the Limon Port-of-Entry and the need to improve its health- and life-safety systems and to comply with ADA requirements. Ms. Nixon addressed questions about the source of funds for the various requests, and confirmed that the scale replacements are requested from Highway Users Trust Fund dollars.

11:38 AM

Discussion ensued about the committee action required regarding the informational supplemental request. Ms. Lisa Esgar, Deputy Director, Governor's Office of State Planning and Budgeting (OSPB), came to the table and stated that although the Governor has allocated American Recovery and Reinvestment Act of 2009 funds for the project, OSPB is requesting that the committee approve the project as an emergency supplemental so its cost will be reflected in the 2010 Long Bill.


BILL:	Department of Revenue
TIME:	11:39:24 AM
MOVED:	McFadyen
MOTION:	Approve the FY 2009-10 supplemental request for federal funds spending authority for the Loma Port-of-Entry Repair and Abatement project ($259,683 FF), and recommend the inclusion of a footnote explaining the source of federal funds in the 2010 Long Bill. The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Riesberg	Excused
	Bacon	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:41 AM

Discussion ensued about the department's five-year projection of capital need. Ms. Nixon addressed questions about portable scales and stated that the department hopes to replace existing scales, not add new units. Discussion continued about the need to replace portable scales.

11:43 AM

The committee recessed for lunch.

01:05 PM -- Colorado School for the Deaf and the Blind

The committee returned to order. Ms. Carol Hilty, Superintendent, and Mr. Kevyn Brown, Facilities Manager, Colorado School for the Deaf and the Blind, presented the school's five-year projection of capital need. Ms. Hilty provided an update on the school's strategic plan. Mr. Brown discussed efforts to renovate the School for the Deaf Building, and work performed in the area of controlled maintenance. Mr. Brown responded to questions regarding the work being performed in association with the School for the Deaf Building renovation.

01:10 PM -- Colorado Historical Society

Mr. Ed Nichols, President and Chief Executive Officer, and Mr. Joseph Bell, Director of Facilities Services, Colorado Historical Society, presented the society's FY 2010-11 capital construction requests and five-year projection of capital need. Committee members received a fact sheet pertaining to the History Colorado museum project (Attachment D), and a brochure highlighting the capital campaign for the History Colorado project (a copy of the brochure is on file with Legislative Council Staff). Both of the documents were prepared by the Colorado Historical Society. Mr. Nichols provided an update on the History Colorado project work and associated capital campaign. Mr. Nichols also discussed a forthcoming cash-funded capital request associated with the History Colorado museum project. Mr. Bell discussed a forthcoming cash-funded capital request for projects at regional museums, and provided an update on operations at the Georgetown Loop Scenic Railroad. Mr. Bell responded to questions regarding the rolling stock at the Georgetown Loop and Cumbres and Toltec railroads. Discussion ensued regarding progress made on the History Colorado project.

01:20 PM

Discussion ensued regarding the ability to care for older schools in certain rural school districts, and the possibility of using State Historic Fund moneys for repairs.

01:23 PM -- Department of Public Health and Environment

Mr. Gary Baughman, Director, Hazardous Materials and Waste Management Division, Department of Public Health and Environment, presented the department's FY 2010-11 capital request, its five-year projection of need, and two supplemental capital requests to extend spending authority associated with Superfund clean-ups at several mine sites. Committee members received written descriptions of the two supplemental requests, prepared by Legislative Council Staff (Attachments E and F). Mr. Baughman discussed the two supplemental requests, and responded to questions regarding the activities that led to Superfund status being assigned to the sites. Mr. Baughman noted the locations of the Superfund cleanup sites, and the reasons why extension of the previously granted spending authority is needed. Mr. Baughman responded to further questions regarding the locations of the Superfund sites, and explained how a site receives Superfund designation.


BILL:	Department of Public Health and Environment
TIME:	01:31:01 PM
MOVED:	Schwartz
MOTION:	Approve the supplemental request to extend spending authority for the FY 2006-07 appropriation for the Clear Creek Superfund Site cleanup project ($14,785,000, including $1,478,500, CFE and $13,306,500 FF). The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Riesberg	Excused
	Bacon	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	Department of Public Health and Environment
TIME:	01:32:04 PM
MOVED:	Schwartz
MOTION:	Approve the supplemental request to extend spending authority for the FY 2007-08 appropriation for the California Gulch Superfund Site cleanup project ($27,000,000, including $2,700,000 CFE and $24,300,000 FF). The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Riesberg	Excused
	Bacon	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:33 PM

Mr. Baughman briefed the committee on the department's five-year forecast of spending need. Committee members received a document breaking out this forecast, prepared by the Department of Public Health and Environment (Attachment G). Mr. Baughman explained the reason for year-to-year variation in its spending need, and responded to questions regarding the source of revenue for the Hazardous Substance Response Fund. Mr. Baughman also explained the reason for a decline in revenue accruing to the Hazardous Substance Response Fund, and explained how moneys from the fund are being used. Mr. Baughman then discussed a potential need for legislation to renew the Hazardous Substance Response Fund and associated fees. Mr. Baughman responded to questions regarding a proposal to convey the authority to levy tipping fees associated with the Hazardous Substance Response Fund to the commission that administers the fund. Discussion ensued regarding increases in operating and maintenance costs that draw from the fund, which are driven by the operation of several water treatment plants at Superfund sites.

01:44 PM

Discussion ensued regarding seeking new streams of revenue to cover the costs of operating water treatment plants at Superfund sites. Mr. Baughman responded to questions regarding the source of cash funds to cover the department's five-year spending needs.

01:46 PM -- Department of Military and Veterans Affairs

Mr. Michael Hunt, Deputy Director, and Colonel Deborah Roberts, Construction and Facilities Management Officer, Department of Military and Veterans Affairs, presented the department's FY 2010-11 capital requests and its five-year projection of capital need. Mr. Hunt first discussed its three capital requests, which involve the construction of three National Guard armories. Colonel Roberts discussed the changing terminology associated with armories, which are now called readiness centers. Discussion ensued regarding two armories for which funding has already been secured. Colonel Roberts responded to questions regarding the status of the Fort Lupton armory project. Mr. Hunt responded to questions regarding the source of cash funds that provide a match for federal funds for armory construction, including cash funds from the Veterans Trust Fund. Mr. Hunt responded to further questions regarding repayment of the Veterans Trust Fund moneys that will be committed to the armories, and the position of veterans groups on this use of fund moneys. Discussion followed regarding the potential for introducing a resolution before the General Assembly urging repayment of the fund moneys in the future. Colonel Roberts responded to questions regarding the type of soldiers that will comprise a new battalion assigned to the Colorado Army National Guard, and explained that the new battalion is a contributing factor in the need for new armory construction.

01:56 PM

Discussion continued regarding the make-up of the Army National Guard's new battalion. Colonel Roberts responded to questions regarding the federal initiative that is adding the new battalion, and the need for the new battalion. Discussion followed regarding maintenance of an existing veterans monument, and the source of maintenance funding for a proposed memorial to soldiers who have fallen in the War on Terror. Mr. Hunt responded to questions regarding the current use of moneys that accrue to the Veterans Trust Fund, and future revenue sources for the fund. Discussion ensued regarding veterans issues in the San Luis Valley. Mr. Hunt responded to questions regarding the siting of a proposed armory in the Windsor area. Discussion followed regarding National Guard coverage need in northeastern Colorado, and the potential for constructing an armory in the Sterling area.

02:05 PM -- Division of Parks and Outdoor Recreation

Mr. Dean Winstanley, Director, Mr. Steve Cassin, Chief Financial Officer, Mr. Ken Brink, Assistant Director of Field Operations, and Mr. Eric Scholz, Capital Programs Manager, all representing the Division of Parks and Outdoor Recreation within the Department of Natural Resources, presented the division's FY 2010-11 capital requests and five-year projection of capital need. Mr. Winstanley first discussed the results of a recent division audit, and efforts to comply with certain audit recommendations. Mr. Winstanley then discussed the division's FY 2010-11 capital requests, and changes made to the line-item requests from previous years, which include consolidating several line items into fewer line items and moving certain expenditures to the division's operating budget. Mr. Winstanley provided an update on the Staunton State Park project, and addressed criticism regarding the division's failure to open the park in a timely manner.

02:16 PM

Mr. Winstanley continued to brief the committee on recent developments with the Staunton State Park project. He also discussed plans to redevelop Lake Pueblo State Park. Mr. Winstanley responded to questions regarding the source of funds for the division's initiatives and provided an update on the status of a parcel of federally-owned land near Staunton that must be acquired to provide public access to the park. Mr. Winstanley responded to questions regarding the use of Great Outdoors Colorado (GOCO) moneys by the division. Discussion ensued regarding the opinion of the Attorney General on the use of GOCO moneys by the division. Mr. Cassin provided clarification regarding the use of such moneys by the division to cover operating costs.

02:26 PM

Discussion continued regarding the ability of the division to use GOCO moneys to cover operating costs, and the potential for seeking an Attorney General opinion on the matter. Discussion turned to the division's efforts in the areas of beetle kill and forest fire mitigation, and the potential for tapping resources such as federal stimulus moneys and the Colorado Youth Corps Association to assist with these efforts. Mr. Brink responded to questions regarding the scope of the mitigation efforts, and Mr. Winstanley noted the specific regions targeted for mitigation. Mr. Winstanley and Mr. Brink responded to questions regarding the entry of the spruce beetle into Colorado, and other infestations affecting Colorado's forests. Mr. Winstanley then provided an overview of the McClure Fee Title Acquisition property transaction proposal request, and explained the need to acquire the property. Committee members received a written description of the transaction proposal, prepared by Legislative Council Staff (Attachment H). Discussion ensued regarding the project's impact on access to Lory State Park.

02:39 PM

Discussion continued regarding the McClure property acquisition proposal. Mr. Winstanley and Mr. Brink responded to questions regarding the potential for allowing the public to camp on the property. Discussion followed regarding the cost of the McClure parcel, and the potential for purchasing an easement on the property to access Lory State Park rather than purchasing the property outright. Mr. Brink responded to questions regarding the potential for the division to construct public lodging on the McClure property.


BILL:	Division of Parks and Outdoor Recreation
TIME:	02:43:59 PM
MOVED:	Bacon
MOTION:	Recommend support for the purchase of the McClure Fee Title Acquisition ($395,000 CF for 99 acres). The motion passed on a vote of 3-2-1.
SECONDED:
		VOTE
	Kopp	No
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	No
	Riesberg	Excused
	Bacon	Yes
Final YES: 3 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:49 PM

The committee recessed.

02:56 PM -- Division of Wildlife

The committee returned to order. Mr. Pat Miks, Budget Manager, Mr. Ed Frazar, Chief Engineer, and Mr. Grady McNeill, Resource Support Section Manager, all of the Division of Wildlife (DOW), presented four FY 2010-11 requests, a five-year projection of need, three real property transaction proposals, and a request to waive the six-month encumbrance deadline for one project. Mr. Frazar began by presenting the FY 2010-11 requests including: (1) Land and Water Acquisitions; (2) Asset Development or Improvements; (3) Infrastructure and Real Property Maintenance; and (4) Motorboat Access on Lakes and Streams. Mr. Frazar explained that the department consolidated many of the division's FY 2009-10 requests into fewer capital requests for FY 2010-11. Mr. Miks addressed a question about the potential use of GOCO funds for operating expenses. Mr. Frazar continued his presentation of the four FY 2010-11 capital requests.

03:15 PM

Mr. McNeill presented a real property transaction proposal for the Trout Creek State Habitat Area Conservation Easement. Committee members received a summary of the proposal, prepared by Legislative Council Staff (Attachment I). Mr. McNeill provided the large game herd objectives for the region. He then addressed a question about the possibility of future development on the property if the conservation easement is not purchased. He responded to a concern about the projected annual operating expenses for various property transactions brought forward by the division. Discussion ensued about the cost of property maintenance.


BILL:	Division of Wildlife
TIME:	03:22:37 PM
MOVED:	Schwartz
MOTION:	Recommend support for the acceptance of the Trout Creek State Habitat Area Perpetual Conservation Easement (15 acres). The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Riesberg	Excused
	Bacon	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:23 PM

Mr. McNeill next presented a real property transaction proposal for the Jumping Cow Ranch State Wildlife Area Public Access Easement and Conservation Easement. Committee members received a summary of the proposal, prepared by Legislative Council Staff (Attachment J). Mr. Doug Robinson, Real Estate Specialist, DOW, responded to questions about parcels not included in the proposed conservation easement and about the ownership of these parcels.


BILL:	Division of Wildlife
TIME:	03:28:05 PM
MOVED:	Kopp
MOTION:	Recommend support for the Jumping Cow Ranch State Wildlife Area Public Access Easement and Conservation Easement ($1,492,000 CF, including $746,000 from Habitat Stamp funds and $746,000 from GOCO funds, for 12,495 acres). The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Riesberg	Excused
	Bacon	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:28 PM

Mr. McNeill presented a real property transaction proposal for the Bodo State Wildlife Area Shooting Range Property Exchange. Committee members received a summary of the proposal, prepared by Legislative Council Staff (Attachment K).


BILL:	Division of Wildlife
TIME:	03:31:02 PM
MOVED:	Sonnenberg
MOTION:	Recommend support for the exchange of 46 acres between the Division of Wildlife and La Plata County at the Bodo State Wildlife Area. The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Riesberg	Excused
	Bacon	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:31 PM

Mr. Miks presented a request to waive the six-month encumbrance deadline for the Land and Water Acquisitions project. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment L). Mr. Miks addressed questions about how the moneys authorized for the project will be spent and the types of species that may be protected. Discussion commenced about the review and approval process for DOW property transactions. Mr. McNeill answered a question about why the division does not put conservation easements on lands owned by DOW. Discussion ensued. Mr. Robinson further explained why the division is not allowed to have conservation easements on its own property.

03:43 PM

Discussion continued about the possible resale of division-owned land and the use of conservation easements to protect land from development.


BILL:	Division of Wildlife
TIME:	03:45:39 PM
MOVED:	Schwartz
MOTION:	Approve the waiver request for the FY 2009-10 appropriation to the Land and Water Acquisitions project ($3,535,000 CF). The motion passed on a vote of 5-0-1.
SECONDED:
		VOTE
	Kopp	Yes
	McFadyen	Yes
	Schwartz	Yes
	Sonnenberg	Yes
	Riesberg	Excused
	Bacon	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:46 PM

Mr. Frazar responded to a question about when the FY 2010-11 cash-funded requests will be considered by the committee. He then answered a question about a proposed project in Pitkin County.

03:48 PM -- Office of the State Architect

Mr. Larry Friedberg, State Architect, Mr. Rod Vanderwall, Manager, Energy Programs, and Mr. Mike Karbach, Manager, Real Estate Programs, all representing the Office of the State Architect (OSA), within the Department of Personnel and Administration, presented the OSA annual report to the Capital Development Committee and gave an overview of the FY 2010-11 controlled maintenance requests. Mr. Friedberg outlined the statutory responsibilities of his office, including: (1) Annually prioritizing and making controlled maintenance funding recommendations; (2) Reporting on expenditures for capital projects; (3) Reporting on energy performance contracts and high performance certification for the renovation and new construction of state-owned buildings, and (4) Reporting on the value of state-owned and -leased properties. Committee members received a binder with the OSA FY 2010-11 Annual Report, which is on file with Legislative Council Staff. OSA also provided the executive summary of the report (Attachment M). Mr. Friedberg outlined the contents of the binder.

03:55 PM

Mr. Friedberg summarized the current replacement value, total gross square feet, facility condition index, and number and age of the state's inventory of state-owned buildings. He made a recommendation that between 1 and 3 percent of the current replacement value of the state's inventory of buildings be reinvested each year in the state's infrastructure. He then provided a historical look at state funding for controlled maintenance and capital construction. Mr. Friedberg summarized the number and type of controlled maintenance projects recommended for FY 2010-11. He said the FY 2010-11 recommendation is slightly below 1 percent of the current replacement value of state-owned buildings.

04:05 PM

Mr. Friedberg addressed a question about controlled maintenance projects funded by higher education institutions from cash sources. He clarified the types of projects that are included in the funding totals for controlled maintenance. The total request for state-funded controlled maintenance for the next five fiscal years is $455.5 million. In response to a question, Mr. Friedberg explained that controlled maintenance requests are divided into three levels of need in order to raise the overall condition of state facilities. Mr. Friedberg continued his presentation of the FY 2010-11 controlled maintenance requests, including:

(1) 39 Level 1 controlled maintenance requests ($20.7 million);
(2) 48 Level II controlled maintenance requests ($25.2 million); and
(3) 37 Level III controlled maintenance requests ($16.6 million).

The first Level 1 project requested for funding in FY 2010-11 is $2 million for an Emergency Controlled Maintenance Fund. Mr. Friedberg addressed a question about the use of funds from the Emergency Controlled Maintenance Fund.

04:15 PM

Mr. Friedberg continued his presentation and explained OSA's statutory responsibility to provide capital construction and controlled maintenance status reports, including project expenditures and code compliance. Discussion ensued about the source of funds for ongoing capital construction and controlled maintenance in the state.

04:22 PM

Mr. Vanderwall presented a summary of the number and type of facilities improved through the use of energy performance contracts. To date, 15 agencies and institutions of higher education have completed or have under construction energy performance projects. Mr. Vanderwall continued his presentation and explained the state's use of the High Performance Certification Program. He addressed a question about the Leadership in Energy and Environmental Design (LEED) program and other similar programs.

04:28 PM

Mr. Karbach gave a summary of the total acquisition and disposition of property and the amount of leased property statewide during FY 2008-09. He then described an ongoing need to co-locate state agencies that are leasing space in and around the Capitol Complex. Discussion ensued about co-locating state agencies in a new building near the Capitol Complex and the impact of opening the new Ralph L. Carr Justice Complex.

04:36 PM

Mr. Vanderwall responded to a question about other projects that may be eligible to be listed along with facilities that have received LEED certification. The committee thanked the OSA staff for their report and hard work.

04:40 PM

Senator Bacon reminded the committee that Legislative Council will meet December 18, 2009, to hear the economic forecast. The committee adjourned.