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HomeMy WebLinkAboutAgenda - Mail Packet - 10/8/2013 - Legislative Review Committee Agenda - October 8, 2013City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda October 8, 2013, 4:00 p.m. City Manager’s Conference Room 1. Approval of minutes from August 13, 2013 meeting 2. Legislative Policy Agenda o Discussion to include: a) 2014 Legislative Priorities b) Additions to the 2014 Legislative Policy Agenda c) Issues of importance anticipated in 2014 General Assembly Session 3. CML Policy Committee o Consider CML Policy Agenda o Consider introducing new legislation or policy position 4. Other business o Legislative Breakfast schedule change from 11/29/13 to 12/05/13 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda Meeting Notes August 13, 2013, 4:00 p.m. City Manager’s Conference Room Present: Wade Troxell, Councilmember; Lisa Poppaw, Councilmember; Ross Cunniff, Councilmember; Wendy Williams, Assistant City Manager; Steve Roy, City Attorney; Dan Weinheimer, Legislative Policy Manager Absent: None Guests: None Councilmember Troxell called the meeting to order at 4:08 pm. Adoption of the minutes from the July 9, 2013 meeting were moved for approval by Councilmember Cunniff and seconded by Councilmember Troxell. Minutes were adopted without amendment. Councilmember Troxell asked that Dan Weinheimer present the draft Legislative Policy Agenda (LPA) and provide an overview of the changes being proposed. Dan said that he envisioned some significant changes to the LPA document – combining the Legislative Priorities with the LPA so that there was one exhaustive reference for legislators and their staff, further demonstrating the alignment between legislative advocacy and Council-adopted strategic objectives, and distilling some important topics in order to make finding information easier. Dan presented the LPA while also noting that its length – 31pgs as a redline document – made it difficult to use. He recommended that there be two documents, one exhaustive for those interested in specific issues and one concise. The concise version would be provided to the public and legislators and focus on that year’s legislative activity. The shorter document would include photos and graphics in addition to text. Dan said that he planned to work with Communications and Public Involvement on the production of a shorter version of the policy agenda. Councilmembers reviewed the LPA. Councilmember Poppaw recommended the introduction (pg 3) include a reference to the community and to citizen feedback rather than only focusing on legislators. Councilmember Troxell commented that the objective statement for train horns be broadened to focus more on solutions to a problem rather than presuming the 2 solution. This comment generated discussion around cooperative demonstrations and incorporating innovative and technologically new ways to address both train noise and other similar issues in the community. Councilmember Troxell recommended that, as a guiding principle, Fort Collins supports the use of cooperative demonstrations and technology pilots. Councilmember Troxell further noted the possibility of a demonstration with regard to the next objective – funding transportation infrastructure. He said that there are opportunities to demonstrate point to point mass transit. He referenced the electronic taxi – a service allowing booking a taxi ride through a smartphone – as a possible transportation alternative to work with MAX. He thought that this service could even have a City connection to integrate it with mass transit. Councilmember Cunniff commented that there was not a priority objective about climate change. He said that especially around mitigation strategies he would like to see language added to the Legislative Priorities seeking federal support for climate change policy. Councilmember Troxell agreed, especially with regard to community-based solutions such as warning systems and technology that might provide citizens notice of dangerous conditions. Councilmember Troxell noted that there was not a mention of marijuana in the state priorities. He said his specific concern is addressing marijuana consumption in the under-21 population – increasing education and enforcement for that demographic group. Councilmember Poppaw agreed that under-21 marijuana use needs to be addressed and that a fact-based education approach to informing youth about the risks and consequences is needed. Councilmember Troxell sought to broaden a statement on waste reduction (pg 7) to read that Fort Collins supports legislation to encourage reduction of waste. He said that it is important to address point-source waste and to find alternatives to adding to the waste stream. Councilmember Poppaw sought to clarify whether this policy priority should include power to implement impact fees relative to waste creation. Discussion of the group indicated that this could be done already at a local level should Councilmembers choose to pursue such a policy. Councilmember Troxell made some general comments about the LPA draft, saying that he would like to see legislative information posted to the website including a tracker of City positions on bills. Dan said that he would look into that. Discussion of the policy statements in the LPA centered on economic health and economic development (pg 12). Councilmember Cunniff questioned putting tax increment financing under economic development, saying that it is not an economic development tool rather a financing tool. Councilmember Poppaw 3 agreed with moving this position statement back to the finance area. She also sought to add language about the use of metro districts and other financing mechanisms to the toolbox. Councilmember Troxell sought to add a statement about the City’s approach to economic development and innovation to the preface of the economic development section. He wanted to highlight innovation, the practice of global benchmarking and the use of the triple helix (university-industry-government relationships). Just before ending the meeting, Wendy Williams said staff would like to get LRC feedback on the rest of the draft LPA before the next meeting. Dan also mentioned that he had already gotten feedback from the Clerk’s office and Utilities managers by attending their staff meetings. He said he would be attending other service areas for including their suggestions to the 2014 LPA. The meeting was adjourned at 5:00 pm. INTRODUCTION Fort Collins is a community of more than 151,000 residents located at the foot of the Rocky Mountains along Colorado’s Front Range. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The Fort Collins City Council annually adopts a wide-ranging set of policy statements meant to convey positions on issues that affect the quality of life and the governance of our community. Fort Collins is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community”, through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. The 2014 City of Fort Collins Legislative Policy Agenda identifies a broad range of issues of importance to the City of Fort Collins. The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community. Our policy agenda is structured to address areas of local concern and to also reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. The City’s Legislative Priorities are those issues that Fort Collins is focusing on in the 2014 Colorado General Assembly or United States Congress. These priority topics, like the City’s overall policies, are reviewed and updated annually. Seven outcome areas have been identified by the City to ensure appropriate and effective resource allocation to support the community’s priorities. Fort Collins’ outcome areas include High Performing Government, Transportation, Culture, Parks and Recreation, Economic Health, Neighborhood Livability, Environmental Health, and Safe Community. The Policy Agenda identifies specific City Council-adopted goals associated with the policy statements. This alignment is important for City staff to ensure that advocacy supports specific desired outcomes. CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee (LRC) is a representative group of Council members that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on particular bills, the LRC interprets and applies the various policies that are included in the Legislative Policy Agenda. The policies are written in terms of supporting or opposing particular kinds of legislation; however, the policies are intended to guide the formal adoption of either support or oppose positions of either support or opposition., depending upon how a bill is written and whether the LRC believes that, if approved, the bill would advance or impede the City’s interests. If a bill is governed by two or more competing policies, then the LRC may decide how to balance those policies in taking a position. If a bill falls outside of the Legislative Policy Agenda, the LRC refers the bill to the full Council for consideration before a position is taken on behalf of the City. Council Members presently serving on the Legislative Review Committee are:  Councilmember Wade Troxell, Chair  Councilmember Lisa Poppaw  Councilmember Ross Cunniff FORT COLLINS LEGISLATIVE REPRESENTATION UNITED STATES SENATE MARK UDALL HART OFFICE BUILDING SUITE SH-730 WASHINGTON, D.C. 20510 P: 202-224-5941 MICHAEL BENNET 458 RUSSELL SENATE OFFICE BUILDING WASHINGTON, DC 20510 P: (202) 224-5852 UNITED STATES HOUSE OF REPRESENTATIVES JARED POLIS 1433 LONGWORTH HOUSE OFFICE BUILDING WASHINGTON, DC 20515 P: (202) 225-2161 COLORADO STATE SENATE JOHN KEFALAS SENATE DISTRICT 14 200 E COLFAX, ROOM 338 DENVER, CO 80203 P: (303) 866-4841 COLORADO HOUSE OF REPRESENTATIVES RANDY FISCHER DISTRICT 53 200 EAST COLFAX, ROOM DENVER, CO 80203 P: 303-866-2917 JOANN GINAL DISTRICT 52 Comment [DW1]: You might pull this out and use their photos? Comment [DW2]: I added this piece more for citizen reference… if we’re giving it to the people in these offices this doesn’t need to be included. 00 EAST COLFAX DENVER, CO 80203 P: 303-866-4569 LEGISLATIVE REVIEW PROCESS This document may be used as a guide to assess City positions on bills offered during the Colorado General Assembly session and in the United States Congress. Positions are adopted that reflect the community and approved by City Council prior to the start of the General Assembly session. Bills introduced in the Colorado General Assembly or United States Congress are reviewed by the Legislative Policy Manager and those addressing a legislative priority or adopted policy position are brought to the Legislative Review Committee (LRC) for discussion of an official City position. Once a position is adopted on a bill, the Legislative Policy Manager will conveys that information to the appropriate state or federal representative and will also advocates for the City’s adopted position. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The input offered by staff experts is invaluable in analyzing impacts of proposals to Fort Collins operations and the community. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League on many legislative items facing cities. Fort Collins works with Colorado Association of Municipal Utilities (CAMU) which represents 29 municipal utilities throughout the state on utility issues. Fort Collins actively participates in the Colorado Water Congress State Affairs Committee to address water-related issues. Formatted: Font: 12 pt, Not Bold LEGISLATIVE PRIORITIES Objective: Implement solutions for railroad horn noise Issue: In June 2005 the Federal Railroad Administration (FRA) implemented a new federal Train Horn Rule that significantly increased the duration, frequency and volume level of train horns at all public grade crossings. Fort Collins is one of many communities across Colorado and the United States that was built along rail lines. The increased noise from the horns has resulted in mounting citizens’ complaints and threatens the economic viability of our community. “Quiet Zones” are offered as a way to mitigate the loud horn noise however studies and mitigation actions are costing many hundreds of thousands of dollars. In order to clean our air, reduce auto congestion and improve quality of life, several federal agencies including the EPA, HUD and the Federal Transit Administration are encouraging Transit Oriented Development. The Mason Corridor Bus Rapid Transit, which will begin operation in 2014, is one example and we very much appreciate federal support of this project. The idea behind Transit Oriented Development is to bring residents closer to mass transit lines so that they can use mass transportation, and so that downtown revitalization can occur. At the same time, the FRA train horn rule in effect is discouraging the development community and residents from locating around transit. Reform is needed. FRA has discussed the rule in terms of ensuring automobile safety – that blasting a horn as the train nears an intersection will prevent accidents. The alternative is expensive quiet zones or approved countermeasures. Fort Collins accident data along Mason Street in Downtown demonstrates that accidents are rare and typically involve risk-taking behavior. Objective: Support allowing local governments to provide broadband and enhanced communication services Issue: In 2005, the Colorado General Assembly passed SB 152, “Competition in Utility and Entertainment Services.” The legislature’s stated intent behind the act was predictability, uniformity, and fairness in the cable television, telecommunications, and high-speed Internet access industries, especially where affected by municipal actions. SB 152 prohibits local governments from directly or indirectly providing cable television service, telecommunications service, or advanced service. “Advanced service” is defined as “high-speed internet access capability in excess of two hundred fifty six kilobits per second both upstream and downstream.” Wired and wireless broadband services are included in this category. Fort Collins Information Technology Department can provide wired and wireless broadband services to City offices and City-owned facilities but is precluded from doing so. The City supports modifying or repealing the provisions of SB08-152 to allow municipalities to provide this “advanced service” in their own buildings and facilities. Objective: Support legislation to increasesing local control of oil and gas operations Issue: Fort Collins, like many other Colorado communities, has taken steps to address oil and gas extraction. Those efforts have been limited by the Colorado Oil and Gas Conservation Commission (COGCC) rules that limit restrictions communities can impose and the information available to residents about potentially harmful practices. Fort Collins seeks increased local flexibility to regulate oil and gas activity within its incorporated borders; additional information about the chemicals being injected into the ground, especially during hydraulic fracturing, and air emission from extraction processes and production equipment; and the right for communities to regulate oil and gas as an industrial practice and therefore apply local zoning practices to operators. Fort Collins intends to use existing programs like the Local Government Designee (LGD) to their fullest potential but will also seek legislative remedies to areas of greatest concern. Fort Collins will also work with other interested communities to address oil and gas operation concerns. Objective: Support clarity and consistency between state and federal marijuana laws Issue: The passage and implementation of Amendment 64 legalized adult use marijuana in Colorado. This new law has created more questions than it answered, not the least of which is what Fort Collins will do with regard to marijuana.  Conflicts exist between state and federal laws regarding marijuana possession  The extent communities can regulate and tax marijuana  Enforcement of the new law and its impacts on local staff and public safety resources  Rules pertaining to packaging and labeling marijuana and products containing marijuana  The amount and portion shared locally of sales and excise taxes  Hours and standards for operation for marijuana businesses  Effectively funding prevention of under-21 possession and use In addition to adult use marijuana, Ccommunities across the United States are that have authorized medical marijuana are struggling with the issue of medical marijuanaimplementation and the need for a single, viable distribution system. At the core of the issues with both medical and adult use marijuana is the classification of marijuana the drug. Because marijuana is currently classified as a Schedule 1 drug, it cannot be researched, prescribed by a doctor or handled through the same distribution channels as other prescribed drugs. As a result, different states have adopted different approaches and experience conflicts with federal laws. This is the reason whyI, in Colorado, medical marijuana is recommended by a doctor but not prescribed. Work is needed at the federal level to clarify this issue. The federal classification should be re- evaluated and possibly changed in order to allow more medical research. If it is determined that marijuana fits one of the other classifications and does have medical benefits, it could be Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" included in the existing drug delivery system. This would reduce many of the conflicts experienced by cities and states where medical marijuana has been legalized. Objective: Support necessary resources to aid Northern Colorado recovery from 2013 flooding Issue: Northern Colorado sustained significant flooding that left many people dead, thousands displaced, and infrastructure severely compromised. While the cost of loss of life and possessions cannot be replaced, Fort Collins and its regional partners will seek funding to rebuild infrastructure. Roads, bridges, stormwater and wastewater systems were damaged in many communities throughout Northern Colorado. Residents need to have transportation and sanitary systems and safe housing. Rebuilding the roads and bridges is also critical to restoring tourism and access to the environmental assets of the region. Fort Collins stands alongside its neighbors in supporting funding needed to replace or repair needed systems. Objective: Support funding for transportation infrastructure with an emphasis on building an integrated, multi-modal system Issue: Funding for vital transportation infrastructure will continue to be a high priority for the City of Fort Collins. We strongly support preservation of federal levels of funding and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended purposes. In addition, we urge development of a new, more stable, long range transportation funding mechanism that doesn’t rely upon fuel tax revenues. This is no longer a sustainable method of funding the nation’s transportation infrastructure needs. The City applauds the reauthorization of the nation’s surface transportation law with a focus on transit, livable communities, comprehensive regional planning, revitalization of existing infrastructure, pedestrian and bicycle infrastructure, and other approaches that decrease petroleum consumption and reduce carbon pollution. S.1813 – Moving Ahead for Progress in the 21st Century (MAP 21) – has many positive attributes however more work is needed to ensure that funding for transit, bicycling, and walking is protected and enhanced, especially at the local level. While MAP-21 provides funding for many Federal and State programs and needs, it appears to further localize the cost of many multi-modal projects and programs. Objective: Emphasize federal policies and resources needed to sustain local cleaner energy progress Issue: The "Empowering Local Clean Energy Action" federal policy agenda identifies key policies and resources needed for local governments to sustain cleaner energy progress. These include investments in federal programs such as the Department of Energy’s Energy Efficiency and Conservation Block Grants, EPA's Climate Showcase Communities, HUD's Sustainable Communities, and other programs that provide direct support for local sustainability initiatives. Formatted: Font: Not Bold Objective: Support integrated waste management planning, including the potential for waste-to-energy benefits Issue: The Fort Collins community is just one member of a regional “waste shed” in Northern Colorado. The City acknowledges this interdependence, and the role that state legislation can, and should, play in applying broad measures such as setting a state waste diversion goal and helping to support related strategies, which could also serve to reduce carbon emissions and create opportunities for waste-to-energy applications when ultra-low pollution conversion technology is used. The City relies on regional and state-wide infrastructure and systems for conventional landfill disposal alternatives such as commercial-scale composting, bio-digesters, recycled-content manufacturers, and specialty landfills. We can only be effective at meeting the community’s waste reduction goals if facility managers have confidence to develop and expand in Colorado, guided by new legislation that drives waste diversion. HB07-1288, the Recycling Resources Economic Opportunity Act, will sunset in 2017. The City supports extending the provisions of this bill, which established a grant fund for recycling projects using revenue from a seven-cents/ton surcharge on trash placed in Colorado landfills. The City supports the grant program and further seeks steps to increase funding for this high- performing recycling program. CITY OF FORT COLLINS LEGISLATIVE STAFF Legislative Review Committee Name District/Title Email Councilmember Wade Troxell District 4 wtroxell@fcgov.com Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com Councilmember Ross Cunniff District 5 rcunniff@fcgov.com Wendy Williams Assistant City Manager wwilliams@fcgov.com Steve Roy City Attorney sroy@fcgov.com Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com Legislative Staff Liaison Members Topic Area Name Email Affordable Housing and Social Sustainability Joe Frank jfrank@fcgov.com Air Quality Melissa Hovey mhovey@fcgov.com Cable Television Franchise Carson Hamlin chamlin@fcgov.com Climate and Environmental Protection Lucinda Smith lsmith@fcgov.com City Clerk Wanda Nelson wnelson@fcgov.com Cultural Services, Parks and Recreation J.R. Schnelzer jrschnelzer@fcgov.com Energy Steve Catanach SCatanach@fcgov.com Finance Michael Beckstead mbeckstead@fcgov.com Economic Health Josh Birks jbirks@fcgov.com Fire Protection and Hazardous Materials Management Bob Poncelow bponcelow@poudre-fire.org Human Resources Janet Miller jmiller@fcgov.com Legal Carrie Daggett cdaggett@fcgov.com Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes jstokes@fcgov.com Neighborhood and Building Services Mike Gebo mgebo@fcgov.com Planning and Land Use Laurie Kadrich lkadrich@fcgov.com Public Safety Rita Davis rdavis@fcgov.com Recycling and Solid Waste Susie Gordon sgordon@fcgov.com Risk Management Lance Murray lmurray@fcgov.com Stormwater Jon Haukaas jhaukaas@fcgov.com Transportation Mark Jackson mjackson@fcgov.com Utilities Customer Service Lisa Rosintoski lrosintoski@fcgov.com Water Supply and Quality Kevin Gertig kgertig@fcgov.com 1 LEGISLATIVE POLICY AGENDA 2014 Adopted November 20, 2012November 19, 2013 2 TABLE OF CONTENTS TOPIC PAGE INTRODUCTION 3 ALIGNMENT FORT COLLINS LEGISLATIVE REVIEW COMMITTEE 3 LEGISLATIVE REVIEW PROCESS 2014 LEGISLATIVE PRIORITIES LEGISLATIVE POLICY STATEMENTS 5 CULTURE, PARKS AND RECREATION CULTURAL SERVICES 5 PARKS AND RECREATION 5 ECONOMIC HEALTH FINANCE 6 INVESTMENTS 6 PRIVATIZATION 7 ENVIRONMENTAL HEALTH AIR QUALITY 7 CLIMATE AND ENVIRONMENTAL PROTECTION 9 NATURAL AREAS AND OPEN LANDS 9 RECYCLING AND SOLID WASTE 10 HIGH PERFORMING GOVERNMENT HOME RULE 10 HUMAN RESOURCES 11 RISK MANAGEMENT 12 SOVEREIGN AND GOVERNMENTAL IMMUNITY 12 TELECOMMUNICATIONS 13 UTILITY SERVICES 13 ENERGY 13 WATER SUPPLY AND QUALITY 14 NEIGHBORHOOD LIVABILITY AFFORDABLE HOUSING 15 PLANNING AND LAND USE 15 SAFE COMMUNITY FIRE PROTECTION 16 HAZARDOUS MATERIALS MANAGEMENT 16 PUBLIC SAFETY 17 3 TRANSPORTATION TRANSPORTATION 18 CITY LEGISLATIVE STAFF 20 INTRODUCTION Fort Collins is a community of 151,000 residents located at the foot of the Rocky Mountains along Colorado’s Front Range. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The 2014 City of Fort Collins Legislative Policy Agenda identifies issues of importance to the City of Fort Collins. The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community. Our policy agenda is structured to address areas of local concern and to also reflect the strategic planning that guides resource allocation and other decision making within the City organization. Fort Collins is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community”, through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. We offer this Agenda to residents, the business community and our Legislators as a guide when considering legislation that impacts Fort Collins. We encourage Legislators to contact Fort Collins City Council Members and our Legislative Policy Manager should they have specific questions regarding our policy positions when considering specific legislation. Alignment The 2014 City of Fort Collins Legislative Policy Agenda identifies issues of importance to the City of Fort Collins. The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community. Our policy agenda is structured to address areas of local concern and to also reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. Seven outcome areas have been identified by the City to ensure appropriate and effective resource allocation to support the community’s priorities. Fort Collins’ outcome areas include High Performing Government, Transportation, Culture, Parks and Recreation, Economic Health, Neighborhood Livability, Environmental Health, and Safe Community. The Policy Agenda identifies specific City Council-adopted goals associated with the policy statements. This alignment is important for City staff to ensure that advocacy supports specific desired outcomes. 4 CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee (LRC) is a representative group of Council members that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on particular bills, the LRC interprets and applies the various policies that are included in the Legislative Policy Agenda. The policies are written in terms of supporting or opposing particular kinds of legislation; however, the policies are intended to guide positions of either support or opposition, depending upon how a bill is written and whether the LRC believes that, if approved, the bill would advance or impede the City’s interests. If a bill is governed by two or more competing policies, then the LRC may decide how to balance those policies in taking a position. If a bill falls outside of the Legislative Policy Agenda, the LRC refers the bill to the full Council for consideration before a position is taken on behalf of the City. Council Members presently serving on the Legislative Review Committee are:  Councilmember Wade Troxell, Chair  Councilmember Lisa Poppaw  Councilmember Ross Cunniff LEGISLATIVE REVIEW PROCESS This document may be used as a guide to assess City positions on bills offered during the Colorado General Assembly session and in the United States Congress. Positions are adopted that reflect the community and approved by City Council prior to the start of the General Assembly session. Bills introduced in the Colorado General Assembly are reviewed by the Legislative Policy Manager and brought to the Legislative Review Committee (LRC) for discussion of an official City position. Once a position is adopted on a bill, the Legislative Policy Manager will convey that information to the appropriate state or federal representative and will also advocate for the City’s adopted position. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The input offered by staff experts is invaluable in analyzing impacts of proposals to Fort Collins operations and the community. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League on many legislative items facing cities. Fort Collins works with Colorado Association of Municipal Utilities (CAMU) which represents 29 municipal utilities throughout the state on utility issues. Fort Collins actively participates in the Colorado Water Congress State Affairs Committee to address water-related issues. Comment [DW1]: Should the policy agenda note priority projects as well as priorities/policy statements? A project list would match with the CIP budget and legislative priorities but more explicitly list projects that need federal or state assistance. 5 LEGISLATIVE PRIORITIES Objective: Implement solutions for railroad horn noise Issue: In June 2005 the Federal Railroad Administration (FRA) implemented a new federal Train Horn Rule that significantly increased the duration, frequency and volume level of train horns at all public grade crossings. Fort Collins is one of many communities across Colorado and the United States that was built along rail lines. The increased noise from the horns has resulted in mounting citizens’ complaints and threatens the economic viability of our community. “Quiet Zones” are offered as a way to mitigate the loud horn noise however studies and mitigation actions are costing many hundreds of thousands of dollars. In order to clean our air, reduce auto congestion and improve quality of life, several federal agencies including the EPA, HUD and the Federal Transit Administration are encouraging Transit Oriented Development. The Mason Corridor Bus Rapid Transit, which will begin operation in 2014, is one example and we very much appreciate federal support of this project. The idea behind Transit Oriented Development is to bring residents closer to mass transit lines so that they can use mass transportation, and so that downtown revitalization can occur. At the same time, the FRA train horn rule in effect is discouraging the development community and residents from locating around transit. Reform is needed. FRA has discussed the rule in terms of ensuring automobile safety – that blasting a horn as the train nears an intersection will prevent accidents. The alternative is expensive quiet zones or approved countermeasures. Fort Collins accident data along Mason Street in Downtown demonstrates that accidents are rare and typically involve risk-taking behavior. Objective: Support funding for transportation infrastructure with an emphasis on building an integrated, multi-modal system Issue: Funding for vital transportation infrastructure will continue to be a high priority for the City of Fort Collins. We strongly support preservation of federal levels of funding and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended purposes. In addition, we urge development of a new, more stable, long range transportation funding mechanism that doesn’t rely upon fuel tax revenues. This is no longer a sustainable method of funding the nation’s transportation infrastructure needs. The City applauds the reauthorization of the nation’s surface transportation law with a focus on transit, livable communities, comprehensive regional planning, revitalization of existing infrastructure, pedestrian and bicycle infrastructure, and other approaches that decrease petroleum consumption and reduce carbon pollution. S.1813 – Moving Ahead Formatted: Font: Bold 6 for Progress in the 21st Century (MAP 21) – has many positive attributes however more work is needed to ensure that funding for transit, bicycling, and walking is protected and enhanced, especially at the local level. While MAP-21 provides funding for many Federal and State programs and needs, it appears to further localize the cost of many multi-modal projects and programs. Objective: Emphasize federal policies and resources needed to sustain local cleaner energy progress Issue: The "Empowering Local Clean Energy Action" federal policy agenda identifies key policies and resources needed for local governments to sustain cleaner energy progress. These include investments in federal programs such as the Department of Energy’s Energy Efficiency and Conservation Block Grants, EPA's Climate Showcase Communities, HUD's Sustainable Communities, and other programs that provide direct support for local sustainability initiatives. Additionally, cleaner vehicle legislation such as S. 948/H.R. 1685 would help communities develop charging infrastructure and create models for the nationwide deployment of electric vehicles. Objective: Support federal evaluation of marijuana Issue: Communities across the United States are struggling with the issue of medical marijuana and the need for a single, viable distribution system. At the core of the issue is the classification of marijuana. Because marijuana is currently classified as a Schedule 1 drug, it cannot be researched, prescribed by a doctor or handled through the same distribution channels as other prescribed drugs. As a result, different states have adopted different approaches and experience conflicts with federal laws. This is the reason why, in Colorado, medical marijuana is recommended by a doctor but not prescribed. Work is needed at the federal level to clarify this issue. The federal classification should be re-evaluated and possibly changed in order to allow more medical research. If it is determined that marijuana fits one of the other classifications and does have medical benefits, it could be included in the existing drug delivery system. This would reduce many of the conflicts experienced by cities and states where medical marijuana has been legalized. Objective: Support legislation to increase local control of oil and gas operations Issue: Fort Collins, like many other Colorado communities, has taken steps to address oil and gas extraction. Those efforts have been limited by the Colorado Oil and Gas Conservation Commission (COGCC) rules that limit restrictions communities can impose and the information available to residents about potentially harmful practices. Fort Collins seeks increased local flexibility to regulate oil and gas activity within its incorporated borders; additional information about the chemicals being injected into the ground, especially during hydraulic fracturing, and air emission from extraction processes Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 7 and production equipment; and the right for communities to regulate oil and gas as an industrial practice and therefore apply local zoning practices to operators. Fort Collins intends to use existing programs like the Local Government Designee (LGD) to their fullest potential but will also seek legislative remedies to areas of greatest concern. Fort Collins will also work with other interested communities to address oil and gas operation concerns. Objective: Support legislation to regulate certain types of waste Issue: As in past years, the City of Fort Collins continues to support legislation to reduce solid and hazardous waste. This includes requiring greater producer responsibility, such as “take back” regulations that assist consumers to appropriately manage certain types of hard-to-recycle wastes. Statewide regulations that govern the disposal of hazardous and problematic waste streams in all of Colorado’s communities can be of great benefit to all our citizens Objective: Support integrated waste management planning, including the potential for waste-to-energy benefits Issue: The Fort Collins community is just one member of a regional “waste shed” in Northern Colorado. The City acknowledges this interdependence, and the role that state legislation can, and should, play in applying broad measures such as setting a state waste diversion goal and helping to support related strategies, which could also serve to reduce carbon emissions and create opportunities for waste-to-energy applications when ultra-low pollution conversion technology is used. The City relies on regional and state-wide infrastructure and systems for conventional landfill disposal alternatives such as commercial-scale composting, bio-digesters, recycled-content manufacturers, and specialty landfills. We can only be effective at meeting the community’s waste reduction goals if facility managers have confidence to develop and expand in Colorado, guided by new legislation that drives waste diversion. HB07-1288, the Recycling Resources Economic Opportunity Act, will sunset in 2017. The City supports extending the provisions of this bill, which established a grant fund for recycling projects using revenue from a seven-cents/ton surcharge on trash placed in Colorado landfills. The City supports the grant program and further seeks steps to increase funding for this high-performing recycling program. Objective: Support legislation that helps the state and local governments’ access cleaner energy resources Issue: The City of Fort Collins supports policies that lead to increased investment in cleaner energy resources and respect the role of local governments in facility siting and permitting decisions. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Comment [DW2]: Still a priority or can this be moved back? I do not know that this needs to be a “priority”. 8 Objective: Oppose any attempt to remove Fort Collins from the vehicle emissions program Issue: Fort Collins has had a long history of supporting the motor vehicle emissions testing program in support of our goal to seek air quality improvement to protect the health of our citizens. It is expected that legislation will again be filed to remove the North Front Range from the vehicle emissions program. Ground level ozone is a significant respiratory irritant that causes a number of negative health effects. Objective: Support legislation that would allow local governments to provide broadband and enhanced communication services Issue: In 2005, the Colorado General Assembly passed SB 152, “Competition in Utility and Entertainment Services.” The legislature’s stated intent behind the act was predictability, uniformity, and fairness in the cable television, telecommunications, and high-speed Internet access industries, especially where affected by municipal actions. SB 152 prohibits local governments from directly or indirectly providing cable television service, telecommunications service, or advanced service. “Advanced service” is defined as “high-speed internet access capability in excess of two hundred fifty six kilobits per second both upstream and downstream.” Wired and wireless broadband services are included in this category. Fort Collins Information Technology Department can provide wired and wireless broadband services to City offices and City-owned facilities but is precluded from doing so. The City supports modifying or repealing the provisions of SB08-152 to allow municipalities to provide this “advanced service” in their own buildings and facilities. Formatted: Font: Bold Comment [DW3]: Still a priority or can this be moved back? I do not know that this will be an issue in 2014. Formatted: Indent: Left: 0" Formatted: Font: Bold Formatted: Font: Bold Formatted: Indent: Left: 0" 9 LEGISLATIVE POLICY STATEMENTS Cultural, Parks and Recreation Strategic Outcome Fort Collins provides diverse cultural and recreational amenities Strategic Objectives 1. Provide exceptional programs and facilities that contribute to the health and cultural vibrancy of the community 2. Provide outstanding customer service & operational excellence 3. Provide programs that are diverse, innovative and tailored to our unique community 4. Maintain and enhance a world class regional interconnected system of parks, trails and open lands 5. Promote the arts and make Fort Collins the cultural destination in northern Colorado CULTURAL SERVICES The City recognizes that art and culture are vitally important to the quality of life in our community and is committed to providing the citizens of Fort Collins with excellent cultural services. Therefore, the City supports the following policy statements: 1. Support funding for cultural services for the education, entertainment and enrichment of the community. 2. Support legislation that facilitates the creation, performance and presentation of the arts. 3. Support legislation that protects and preserves our cultural heritage. PARKS AND RECREATION The City is committed to providing the community with excellent parks and recreation services and facilities. Our citizens enjoy a better quality of life, improved health, less crime and a greater sense of community because of our quality parks and recreation programs. Therefore, the City supports the following policy statements: 10 1. Support legislation that maintains or enhances funding for parks, trails, forestry, horticulture and recreation services and facilities. 2. Support use of Great Outdoors Colorado and other sources for full funding of municipal government projects, with maximum local discretion regarding local needs and priorities. 3. Support continued availability of Great Outdoors Colorado grants to municipalities in equal or greater funding levels. 4. Support legislation that enhances the City’s ability to provide quality parks and recreation services and facilities for its citizens. 5. Support measures that offer enhanced protection for community trees and natural assets against invasive species, pests and other threats. ECONOMIC HEALTH Strategic Outcome Promote a healthy, sustainable economy reflecting community values Strategic Objectives 1. Enhance opportunities for both businesses and the local workforce 2. Foster a diverse mix of employment and retail opportunities 3. Focus & invest in the downtown area, river district, Lincoln triangle & midtown corridor 4. Ensure adequate staff to provide timely review and critique of development opportunities 5. Revitalize and strengthen business centers FINANCE As a municipality, the City of Fort Collins faces many complex financial issues. Strong fiscal planning, prudent debt management and preservation of the City’s revenue base are vital in maintaining and improving the City’s financial health. Considering the known impacts of legislation on the City’s business community can help foster a stronger tax base and retain a strong quality of life. Therefore, the City supports the following policy statements: 1. Support legislation that maintains or expands municipal authority to establish alternative funding mechanisms, including financing tools such as public improvement fees (PIF) and certificates of participation (COP). 11 2. Support tax increment financing as a tool to support Downtown Development Authorities and Urban Renewal Authorities, taking into consideration the land use impacts of such legislation (e.g., sprawl) and the compelling interests and concerns of other taxing entities. 3. Support legislation that promotes sustainable economic development. 4.2.Support increased funding and budgetary autonomy for Colorado State University and Front Range Community College. 5.3.Support legislation promoting the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado. The City strongly recommends that taxes be as broad-based as possible and that exemptions be limited. 6.4.Support federal legislation that recognizes the importance of sales and use tax to local, self-collecting municipalities and equitably distributes sales tax collections on e-commerce transactions. 7.5.Support legislation that would maintain or increase the City’s revenue base (sales, use and property tax). INVESTMENTS The Fort Collins City Council has adopted investment polices to be used by the City. The policies are reviewed and update periodically to ensure the safety and quality of the portfolio to maintain liquidity and to maximize portfolio earnings. Therefore, the City supports the following policy statements: 1. Support legislation designed to protect, without unnecessarily restricting, the investments of government entities. 2. Support legislation that provides for adequate transparency of the City’s investment activity. 3. Support legislation that would provide municipalities freedom to participate in investments that meet their objectives. 4. Oppose restrictions on the City’s ability to adopt its own investment policies. PRIVATIZATION The City of Fort Collins utilizes outside contracts for procurement of many goods and services. This practice of privatization provides citizens with a balance of quality and cost efficiency. 12 Therefore, the City supports the following policy statements: 1. Support legislation enabling provision of services through private enterprise in a manner that fosters cost effective, sustainable, quality services. 2. Support local control of the awarding of contracts and the accountability of local officials for those actions. 3. Oppose mandates that increase the complexity and cost of services without improving those services. ECONOMIC DEVELOPMENT Fort Collins seeks to maintain a healthy and resilient economic base of businesses. The City works closely with businesses to retain and invest in alignment with the Council’s Action Plan. A healthy and resilient economy for Fort Collins will include:  Diverse jobs that enable citizens and businesses to thrive.  Reflects the values of our unique community in a changing world.  An innovative, creative, and entrepreneurial atmosphere.  Strong partnerships and collaboration with the private sector, educational institutions, and other organizations. Therefore, the City supports the following policy statements: 1. Support legislation that promotes sustainable economic development. 2. Support retaining local governments’ use of tax increment financing as a tool to support Downtown Development Authorities and Urban Renewal Authorities, taking into consideration the land use impacts of such legislation (e.g., sprawl) and the compelling interests and concerns of other taxing entities. 3. Support programs and policies that apply innovative and technologically-focused solutions to governmental and community problems. ENVIRONMENTAL HEALTH Strategic Outcome Promote, protect and enhance a healthy and sustainable environment Strategic Objectives a. Maintain and improve air and water quality b. Reduce greenhouse gas emission to by 20% of 2005 by 2020 and 80% by 2050 c. Conserve and restore natural habitat and promote biological health and diversity d. Reduce waste and resource consumption Formatted: Font: 12 pt, No underline Formatted: Left Formatted: Left Formatted: Left Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Left, Indent: Left: 0.5" Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt 13 e. Increase energy conservation, efficiency and renewable energy f. Align water quantity with storage and conservation policies AIR QUALITY The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” Therefore, the City supports the following policy statements: 1. Support legislation and regulations adopting programs and policies that improve public health and air quality. 2. Support legislation that maintains or increases the stringency of air quality standards. 3. Support legislation that enhances local government authority to improve air quality beyond minimum State or Federal requirements. 4. Support legislation that promotes regional improvement of air quality, recognizing that air pollution does not follow jurisdictional boundaries. 5. Support legislation to assure that Federal, State and County agencies have adequate authority and resources (funding and personnel) to enforce air quality regulations. 6. Support legislation that removes barriers and promotes voluntary actions to reduce air pollution. 7. Support legislation and regulations that reduce vehicle emissions by: - Using the price mechanisms of the free market to shift citizen and business travel behavior toward actions that reduce vehicle emissions and vehicle miles of travel, including removing hidden cost subsidies to motor vehicle users - Employing economic incentives and disincentives and other market approaches - Encouraging behavior changes, such as limiting unnecessary idling of vehicles - Implementing State motor vehicle emissions testing programs consistent with City air quality goals 8. Support legislation and regulations that provide authority for local governments to implement vehicle emissions reductions programs. 9. Support legislation and regulations that make tailpipe emissions and fuel economy standards more stringent for all vehicles. Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.25", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 1" + Indent at: 1", Tab stops: Not at 1" Formatted: Font: Not Bold, No underline Formatted: Left 14 10. Support programs and policies that promote advanced low emission vehicle technology; and encourage or promote alternative fuels such as biodiesel, cellulosic ethanol, hydrogen and compressed natural gas. 11. Support legislation and regulations that reduce residential wood smoke emissions in order to achieve compliance with air quality standards. 12. Support legislation that helps to reduce fossil fuel consumption in the transportation and building sector. 13. Support programs and policies that allow local officials to establish baseline levels and understand the ongoing contributions of the oil and gas industry to air pollution. CLIMATE AND ENVIRONMENTAL PROTECTION The City of Fort Collins encourages local, state and national efforts to protect and enhance our environment. Additionally, the City has a policy goal to reduce greenhouse gas emissions 20% below 2005 levels by 2020 and 80% below 2005 levels by 2050. Therefore the City supports the following policy statements: 1. Support legislation and regulation that reduce Fort Collins’ vulnerability to climate change impacts. 2. Support legislation that establishes reduction targets for greenhouse gas emissions. 3. Support legislation that establishes market-based mechanisms to reduce greenhouse gas emissions, including providing incentives to business and citizens to reduce emissions and for green building and sustainable design. 4. Support legislation and regulations to promote pollution prevention. 5. Support the Colorado self-audit law. 6. Support legislation that provides local government the authority to inspect oil and gas sites and ensure operator compliance through enforcement of federal, state and local regulations. NATURAL AREAS AND OPEN LANDS The City has a vigorous program to protect natural areas and other important open lands within Fort Collins, within our Community Growth Management Area, and regionally. 15 The City works in partnership with other communities, Larimer County, private land trusts, Great Outdoors Colorado, community groups, and state and federal agencies to achieve community and regional conservation goals. Therefore, the City supports the following policy statements: 1. Support legislation that maintains or enhances tax incentives for voluntary land conservation by private landowners. 2. Support legislation that expands the effectiveness of existing protection for wetlands, wildlife habitats, and other sensitive natural areas. 3. Support additional funding for land conservation programs. 4. Support legislation protecting the Cache la Poudre River. 5. Support legislation that would increase the availability of Great Outdoors Colorado grants to municipalities in amounts equal to or greater than are currently offered. OIL AND GAS Oil and gas extraction activity and associated health and environmental impacts are a concern for Fort Collins and many communities in the Front Range of Colorado. Fort Collins has a portion of a small oil field within its incorporated boundaries and has entered into an Operator Agreement (MOU) that stipulates the operations, maintenance and inspection process for that operator’s local holdings. Citizens in Fort Collins have expressed continuing concern about the human and environmental health impacts from oil and gas operations and particularly from the hydraulic fracturing treatment used on most Colorado wells. Therefore, the City supports the following policy statements: 1. Supports the development and execution of human health impact studies of oil and gas operations. 2. Support programs and policies that allow local officials to establish baseline levels and understand the ongoing contributions of the oil and gas industry to air pollution. 3. Support legislation that provides local government the authority to inspect oil and gas sites and ensure operator compliance through enforcement of federal, state and local regulations. 4. Support programs and policies that allow communities to understand impacts of oil and gas on water quality. Specifically provide disposition of produced water, Formatted: Left Formatted: Left Formatted: Not Small caps Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Left, Indent: Left: 0.5" Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Underline, Font color: Auto Formatted: List Paragraph, No bullets or numbering 16 and clearly understand the ongoing impacts of the oil and gas industry to water quality. 5. Support legislation allowing greater local regulation of oil and gas exploration activities within municipal boundaries. RECYCLING AND SOLID WASTE The City of Fort Collins endorses a multi-pronged approach to waste minimization that includes recycling, re-use, composting and source reduction. Additionally, the City has adopted a goal of diverting 50% of the community’s waste stream from landfill disposal. Therefore, the City supports the following policy statements: 1. Support legislation that clarifies and broadens the regulatory authority of local government to ensure the efficient management of recyclable material and solid waste. 2. Support legislation that encourages integrated waste management planning and implementation, including but not limited to creation of a State waste diversion goal. 3. Support legislation that provides incentives and funding for programs that promote waste reduction, reuse and recycling and development of related infrastructure. 4. Support legislation that enables “buy recycled” or “environmentally preferable purchasing” policies for government agency procurement. 5. Support legislation that continues or increases funding for programs to collect and monitor data on trash volumes, rates of diversion from landfill disposal and economic impacts of recycling. 6. Support legislation to require greater producer responsibility, such as “take back” regulations that assist consumers to appropriately recycle electronic equipment (e- waste.) 7. Support legislation that establishes a deposit fee on beverage containers and that would be used to pay for recycling programs. 8. Support legislation that strengthens the “renewable energy” standard; oppose expanding the definition to include pyrolysis (burning of materials). High Performing Government Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Left, Indent: Left: 0.5" Formatted: Font: 12 pt, Not Bold, No underline, Not Small caps Formatted: Left 17 Strategic Outcome Deliver an efficient, innovative, transparent, effective and collaborative city government Strategic Objectives 1. Improve leadership capability and increase leadership effectiveness 2. Improve organizational fiscal literacy, financial management & fiscal strength 3. Implement a systematic approach to identify, organize, & communicate performance measures 4. Attract, engage and retain a high quality, creative workforce with a diverse set of skills 5. Promote and invest in employee health and safety 6. Develop and foster key community partnerships 7. Establish a culture of exceptional customer service and deliver services that exceed community expectations. ELECTIONS Fort Collins holds regular nonpartisan municipal elections through mail-in ballot. Elections are managed by the City Clerk’s Office and in addition to electing representatives, voters are usually presented with ballot issues, such as Charter amendments, financial issues, or initiated or referred ordinances or resolutions. Therefore, the City supports the following policy statements: 1. Support local election officials’ determination and use of the best available practices for conducting elections that reflect community expectations. 2. Support the preservation of home rule municipalities’ right to set and maintain election codes as a matter of local interest. HOME RULE The City of Fort Collins is a home rule municipality under Article XX of the Colorado Constitution, which grants home rule municipalities “full right of self-government in local and municipal matters.” Home rule authority affords the citizens of Fort Collins greater access to government and increased opportunity for participation and contribution to the decision making process. Home rule is of utmost importance to the City of Fort Collins. The City recognizes, however, that there are particular areas in which insistence on local control may be untimely or unwise. Therefore, proposed legislation must be reviewed on a case-by-case basis to determine when it is in the City's best interest to assert home rule authority and when the City should support statewide intervention. For example, the City must be free Formatted: Left Formatted: Left Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Left, Indent: Left: 0.5" Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Left Formatted: Font: 12 pt, Not Bold, No underline, Not Small caps 18 to regulate local activities that primarily impact the area within the City's boundaries, such as the speed of local traffic or the effects of particular land use developments. On the other hand, the cumulative effect of these and other activities has substantial statewide ramifications which may call for statewide regulation, so that, for example, state regulation may be needed to effectively manage overall growth and development in the state, traffic congestion in major transportation corridors and environmental quality. Therefore, the City supports the following policy statements: 1. Support legislative efforts to strengthen home rule authority of municipal governments. 2. Oppose legislation that requires State or Federal intervention in matters of local concern and which unnecessarily or adversely affect the City’s ability to manage pursuant to its home rule authority. HUMAN RESOURCES The City of Fort Collins is committed to the safety and well-being of its employees. The City works diligently to be an efficient and responsible steward of tax dollars while ensuring that employees receive fair and competitive compensation and benefits. The City believes that its citizens, through their elected representatives on City Council, are in the best position to determine appropriate City employee compensation, benefits, and policies. Therefore, the City supports the following policy statements: 1. Support legislation that enhances the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves. 2. Support legislation that expands the City’s ability to offer health, welfare and wellness services for employees. 3. Support legislation that maintains current state funding for police officer death and disability benefits. 4. Oppose legislation that would permit employees with defined contribution plans to return to defined benefit plans if there is a cost to local government. OPEN RECORDS Fort Collins strives to maintain a transparent and open government. The City provides citizens with access to resources to track expenditures, engage their government and to improve the community. Colorado Open Records Act (CORA) requests can serve an important purpose – sunlight on government operations. Formatted: Left Formatted: Font: 12 pt, Not Bold, No underline, Not Small caps Formatted: Font: 12 pt, Not Bold, No underline, Not Small caps 19 Therefore, the City supports the following policy statements: 1. Support citizens’ right to utilize CORA to seek specific information about City operations. 2. Support additional time for staff to respond to CORA requests – an increase from 3 days to 5 days for response or to create a stratification of response times to requests. RISK MANAGEMENT The City of Fort Collins recognizes the dual purpose of the workers’ compensation system – providing benefits promptly to injured employees in a cost-effective manner and minimizing costly litigation. Council also recognizes that the City’s self-insurance program is a cost efficient method to insure workers’ compensation and that government intervention or taxation can negatively impact the City. Therefore, the City supports the following policy statements: 1. Support legislation that improves administrative efficiency of the Division of Workers’ Compensation. 2. Support legislation that prevents increased insurance premium costs to employers. 3. Support legislation that would limit or reduce administrative burdens or taxes to self-insurance programs. 4. Support legislation that would check insurance claim litigation. 5. Support legislation that increases the City’s options and ability to manage workers’ compensation claims; oppose actions like removing existing off-sets to workers’ compensation benefits or limiting the City’s ability to designate treating physicians. 6. Oppose legislation that presumptively expands workers compensation coverage to illnesses or injuries that are not work related. SOVEREIGN AND GOVERNMENTAL IMMUNITY The Fort Collins City Council recognizes that the complexity and diversity of City operations and services required to meet the needs of the citizens of Fort Collins may expose the City and its officers and employees to liability for damage and injury. The Council further recognizes that City officers and employees must be confident that they Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.29" + Indent at: 0.54" Formatted: Left, Indent: Left: 0.54" Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.29" + Indent at: 0.54" Formatted: Left, Indent: Left: 0.54" 20 have the City’s support in the lawful and proper performance of their assigned duties and responsibilities. Therefore, the City supports the following policy statements: 1. Support legislation that protects the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities. 2. Support legislation that discourages baseless and frivolous claims and demands made against municipalities, their officers and employees. 3. Support legislation that limits or enhances municipal liability protections, or expands municipal immunity. TELECOMMUNICATIONS The City of Fort Collins encourages a competitive, open market for cable and telecommunications services in order to ensure the public has access to a variety of programming and services at the lowest cost possible. Therefore, the City supports the following policy statement: 1. Support legislation that maintains and enhances local franchising authority. This helps ensure local governments’ ability to negotiate, in the public interest, for cable channel space, institutional networks and public education and government programming. 2. Support legislation that re-establishes the rights of municipalities to provide low cost, accessible telecommunications services and related infrastructure. 3. Support legislation that allows municipalities to provide telecommunication services within City-owned facilities and on City property. 2.4.Support legislation that would allow communities to offer high speed internet, Wi-Fi and other enhanced telecommunication services to residents, schools, academic institutions and businesses. UTILITY SERVICES It is critical that the City operate its electric distribution, drinking water, stormwater and wastewater services in a financially sound, reliable, safe and environmentally acceptable manner. Like other municipal utilities across the country, Fort Collins is faced with Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering 21 many new and evolving challenges associated with changes in the industry, the age and security of its infrastructure and the necessity of managing a changing workforce. Therefore, the City supports the following policy statements: ENERGY 1. Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 2. Support programs that provide assistance to local government, and that encourage and allow for local design and implementation of greenhouse gas reduction strategies. 3. Support legislation that establishes uniform standards for the reduction of carbon emissions. 4. Support legislation that removes barriers to financing for energy efficiency, and encourages and funds energy efficiency and conservation while allowing local design and implementation of the programs. 5. Support legislation that reduces community energy use and net energy use of existing buildings. 6. Support legislation and regulations that provide incentives to encourage renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn- based ethanol) and energy efficiency. 7. Oppose legislation that attempts to prevent or inhibit provision of municipal electric service in newly annexed areas. 8. Support legislation that encourages grid modernization and smart grid technologies WATER SUPPLY AND QUALITY 1. Support legislation that maintains or expands the authority delegated to the State to administer federally mandated water, stormwater and wastewater environmental regulatory programs (primacy). 2. Support water quality legislation that results in reasonable water quality control regulations that are cost effective and can show identifiable benefits. 3. Support legislation that enables local development of watershed protection. 22 4. Support legislation that provides the City the flexibility to enhance in-stream flows to preserve or improve the natural environment of the stream while protecting the integrity of Colorado’s appropriation doctrine and City water supply. 5. Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 6. Support adequate funding of mandated programs. 7. Support legislation that removes barriers to financing for water conservation projects. 8. Support legislation that would fund recovery and treatment of Cache la Poudre and other waterways impacted by 2012 wildfires. 9. Support programs and policies that allow local officials to understand water sources, disposition of produced water, and clearly understand the ongoing impacts of the oil and gas industry to water quality. Community and Neighborhood Livability Strategic Outcome Provide a high quality built environment and support quality, diverse neighborhoods Strategic Objectives 1. Develop innovative enforcement efforts and voluntary compliance with City codes 2. Provide, enhance & maintain attractive public spaces 3. Preserve the character of neighborhoods and enhance/maintain the attractiveness of neighborhoods 4. Encourage partnerships with private entities and public agencies for housing, and other programs 5. Improve neighborhood parking management AFFORDABLE HOUSING The City of Fort Collins supports policy and funding mechanisms that help the City develop and maintain affordable housing for our community’s lowest income families. Therefore, the City supports the following policy statements: Formatted: Left 23 1. Support legislation that maintains or enhances current levels of funding for affordable housing throughout Colorado. 2. Support legislation that increases local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships. 3. Support legislation that protects the rights of low-income and/or disabled residents in tenant-landlord disputes, especially as it relates to safety issues. 4. Support legislation that retains flexibility for City to adopt and enforce rental terms that allow it to appropriately maintain and manage City-owned affordable rental properties. Development Review and Inspection Fort Collins City Council adopts a land use code, zoning and new and existing property inspection protocol. The City supports retention of home-rule control in aligning development review and inspections with local priorities. In recent sessions, state legislators have introduced measures aimed at having local inspectors provide inspection for building types outside existing responsibilities without additional resources provided to conduct this work. Therefore, the City supports the following policy statements: 1. Support legislation that financially compensates a jurisdiction or agency for additional work of inspectors through fees or other means. 2. Support legislation that gives the local government a choice in accepting additional inspection work. PLANNING AND LAND USE Effective local land use planning and land development regulation contributes to the quality of life enjoyed primarily by Fort Collins residents, yet shared regionally within Larimer County. State legislation can influence local governments’ ability to develop and implement land use plans for their communities. Therefore, the City supports the following policy statements: 1. Support legislation that requires regional cooperation in land use and transportation planning, and legislation that fosters sustainable development, without unduly constraining the City’s home rule powers. Formatted: Centered Formatted: Font: Bold, Underline Formatted: Indent: Left: 0.42" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.67" + Indent at: 0.92" Formatted: Indent: Left: 0.92" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.67" + Indent at: 0.92" 24 2. Support legislation that prohibits the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 3. Support legislation to limit the definition of a compensable taking and/or the definition of vested property rights beyond the provisions of existing law. 4. Support legislation that would retain local government authority to impose development impact fees. 5. Support legislation that would increase cities’ ability to regulate industrial land uses like oil and gas exploration and extraction. 6. Support public housing policies that equitably balance protection of tenants and landlords. 7. Support legislation allowing greater local regulation of oil and gas exploration activities within municipal boundaries. Social Sustainability Fort Collins has implemented a triple-bottom line-oriented Sustainability Service Area in an effort to ensure community resources are allocated by considering equally human, environmental and economic benefits. Social sustainability focuses on housing and human services. Therefore the City supports the following policy statements: 1. Support maintaining or increasing the funds available through the state and federal government for community-focused non-profits to provide human services and housing support. 2. Support appropriate educational funding for K-12 and public post-secondary institutions to ensure opportunity for youth. 3. Support funding for after school programs aimed at at-risk population. 4. Support programs and policies that seek to improve neighbor relations and the resources available to community mediation programs. 5. Support programs and policies that provide communities with resources to address chronic homelessness. Safe Community Formatted: Font: 14 pt, Bold, Underline Formatted: Centered Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent 25 Strategic Outcome Provide a safe place to live, work, learn and play Strategic Objectives 1. Proactively Support prevention and community safety through education and outreach initiatives 2. Improve response times to collisions, crimes, fires, utility emergencies and medical services 3. Improve the safety and reliability of the City's built environment 4. Support community wide planning, preparedness and recovery from community disasters FIRE PROTECTION The Fort Collins City Council recognizes the critical importance of maintaining a safe environment and protecting the lives and property of the citizens of Fort Collins from fire. Therefore the City supports the following policy statements: 1. Support legislation adopting a State fire code, the code of choice being the 2012 International Building and Fire Code, and allow municipalities to adopt their own amendments. 2. Oppose legislation that limits local enforcement of the International Fire Code as adopted with local amendments, or imposes inspection requirements or prevents collection of permit or inspection fees as required by the local jurisdiction. 3. Support legislation that requires the installation of fire protection systems in structures to enhance life safety and property protection when appropriate. 4. Support legislation that strengthens the City’s ability to prohibit the use and sale of fireworks and that allows counties and fire districts to prohibit and otherwise control fireworks. 5. Support legislation that promotes fire safety, education and prevention with the goal of reducing injury, loss of life and property damage. 6. Support legislation that allows local jurisdictions to implement open burning restrictions. HAZARDOUS MATERIALS MANAGEMENT 26 It is an important concern of the City to safeguard Fort Collins’ health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the City supports the following policy statements: 1. Support legislation that allows the City to continue controlling risks from hazardous materials use, storage and transportation through the International Building and Fire Code and related local amendments. 2. Support legislation that allows Fort Collins adopt local regulations for hazardous materials, including review and approval of the location of facilities that use or store hazardous materials or hazardous waste. 3. Support legislation that strengthens the enforcement of hazardous materials regulations. 4. Support legislation strengthening the diversion of hazardous waste from landfills. 5. Support policies or legislation to establish greater flexibility and more options for local government in the management of publicly-owned areas thought to have asbestos containing soils. 6. Support policies and legislation to prevent and penalize improper storage and disposal of hazardous or exploration and production (E&P) wastes from oil and gas operations within municipal boundaries. Marijuana In 2012, Colorado voters approved Amendment 64 which legalizes the possession of adult-use or recreational marijuana in the state. During the same election Fort Collins residents voted to approve the use of medical marijuana within the City. Federal law maintains that marijuana is a schedule 1 drug and, as such, can neither be possessed and used nor researched. These facts are a concern for City leaders. 1. Support legislation that regulates medical marijuana manufacture, distribution and dispensaries. 2. Support legislation to clarify the implementation and local rights and responsibilities related to Amendment 64. 3. Support clarification of the conflict between federal and state law with respect to marijuana enforcement. Formatted: Font: 14 pt, Bold, Underline Formatted: Centered Formatted: Font: Bold, Underline Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering 27 4. Support legislation and policies that protect communities’ ability to raise necessary funds to maintain public safety and enforce marijuana possession laws. 5. Support legislation and policies that prevent under-21 access to marijuana. 6. Support legislation that clarifies the rights of individuals, landlords and homeowner associations in limiting or preventing growing or consuming marijuana in multi-family dwellings. PUBLIC SAFETY The Fort Collins City Council recognizes the critical importance of maintaining public order, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins. Therefore, the City supports the following policy statements: 1.7.Support legislation that has the potential to reduce incidents of violence in the community, especially through the development of treatment and intervention programs for youth. 2.8.Support legislation and funding that provides greater protection to victims of crime. 3.9.Support legislation that maintains or enhances the City’s right to use camera enforcement of traffic laws, reduces operational restrictions on the use of camera enforcement, and increases the fines associated with violations. 4.10. Support legislation establishing protocols and funding for shared, statewide emergency response communications. 5. Support legislation that regulates medical marijuana manufacture, distribution and dispensaries. 6.11. Oppose programs that have the potential to compromise officer safety. 7.12. Support legislation that formally legitimizes the field of Alternative Dispute Resolution (ADR) by establishing minimum training criteria and professional mediator certification. 8.13. Support legislation that regulates the use of cell phones by a motorist while operating a vehicle. 9.14. Support legislation that preserves or increases funding for treatment of mental illness and substance abuse disorders. Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering 28 10.15. Support legislation that maintains or enhances a statewide database of concealed weapons permits. 11.16. Support legislation to reduce community flood risks. 12.17. Support legislation that reduces City liability for prisoners’ self-inflicted wounds while in police custody or detention facility. 13.18. Support legislation and policies restricting access to illegal substances. 19. Support legislation to require greater producer responsibility such as “take back” for prescription drugs to avoid these substances being abused or being disposed of into the water supply. 20. Support clarification of the qualifications for what types and purposes a business may obtain and use a state liquor license. 14.21. Support defining what qualifies as a “meal” when calculating the percentage of meals served for a liquor license. Transportation Strategic Outcome Provide for safe & reliable multi-modal travel to, from, and throughout the city Strategic Objectives 1. Provide safe, well-functioning, high quality streets, bikeways, sidewalks, trails & infrastructure 2. Provide long-term transportation planning to enhance citizen mobility and improve traffic flow 3. Limit the rate of increase or reduce vehicle traffic and enhance alternative travel modes 4. Address long-term maintenance & operations cost of transportation infrastructure 5. Enhance the sustainability of the physical assets as well as the operations of transportation systems TRANSPORTATION The City actively promotes the safety and ease of traveling to, from and throughout the community using a variety of modes of transportation. Additionally, the City’s policy is to encourage the use of alternative transportation whenever appropriate. Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering 29 Therefore, the City supports the following policies: 1. Support legislation that facilitates cooperative programs among government agencies in order to help the City meet its basic transportation needs, including transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists and pedestrians. 2. Oppose legislation that seeks to reduce the present allocation formula of 60% state, 22% counties, and 18% municipalities for Highway User Tax Fund (HUTF) or any appropriations from the State using the same formula. 3. Support exploration and analysis of alternative methods of funding transportation infrastructure needs. 4. Support legislation to fund analysis and implementation of inter- and intra-regional transit linkages, including future commuter rail connectivity. 5. Support legislation that facilitates regional planning for various modes of transportation with the goal of providing practical solutions to reduce reliance on single occupant vehicles. 6. Support efforts to encourage flexibility in federal funding and regulations in order to better meet the needs of small to medium size communities. 7. Support preservation of the federal guaranteed levels of funding for transportation, and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 8. Support legislation broadening the definition of the gasoline tax to a “fuel tax” that encompasses other fuel options as they become more prevalent. 9. Support legislation that limits the ability of railroad trains to block street and highway grade crossings for unreasonable periods. 10. Support legislation that facilitates the implementation of railroad quiet zones in municipalities and that reduces current train horn decibel and duration requirements. 11. Oppose legislation intended to divest key highway roads in urban areas from the State and make them the sole responsibility of local jurisdictions. 30 CITY OF FORT COLLINS LEGISLATIVE STAFF Legislative Review Committee Name District/Title Email Councilmember Wade Troxell District 4 wtroxell@fcgov.com Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com Councilmember Ross Cunniff District 5 rcunniff@fcgov.com Wendy Williams Assistant City Manager wwilliams@fcgov.com Steve Roy City Attorney sroy@fcgov.com Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com Legislative Staff Liaison Members Topic Area Name Email Affordable Housing and Social Sustainability Joe Frank jfrank@fcgov.com Air Quality Melissa Hovey mhovey@fcgov.com Cable Television Franchise Carson Hamlin chamlin@fcgov.com Climate and Environmental Protection Lucinda Smith lsmith@fcgov.com City Clerk Wanda Nelson wnelson@fcgov.com Cultural Services, Parks and Recreation J.R. Schnelzer jrschnelzer@fcgov.com Energy Steve Catanach SCatanach@fcgov.com Finance Michael Beckstead mbeckstead@fcgov.com Economic Health Josh Birks jbirks@fcgov.com Fire Protection and Hazardous Materials Management Bob Poncelow bponcelow@poudre-fire.org Human Resources Janet Miller jmiller@fcgov.com Legal Carrie Daggett cdaggett@fcgov.com Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes jstokes@fcgov.com Neighborhood and Building Services Mike Gebo mgebo@fcgov.com Planning and Land Use Laurie Kadrich lkadrich@fcgov.com Public Safety Rita Davis rdavis@fcgov.com Recycling and Solid Waste Susie Gordon sgordon@fcgov.com Risk Management Lance Murray lmurray@fcgov.com Stormwater Jon Haukaas jhaukaas@fcgov.com 31 Transportation Mark Jackson mjackson@fcgov.com Utilities Customer Service Lisa Rosintoski lrosintoski@fcgov.com Water Supply and Quality Kevin Gertig kgertig@fcgov.com CML Policy Committee – Oct. 18, 2013 STAFF RECOMMENDATIONS FOR LEGISLATION/POSITIONS ON LEGISLATION Affordable Housing: State Funding for Affordable Housing Division of Housing Affordable Housing Grants and Loans Line Item. Every year the Division of Housing in the Department of Local Affair requests grant funding for affordable housing. Last session, CML support their efforts to received $2 million in the state budget. This year, DOH has requested $8 million from the State. CML has previously supported any contributions to the affordable housing line item and requests to do so again. Staff recommendation: Support. Lobbyist: Meghan Storrie Building Code: State Mandated Wildland Urban Interface Code The Governor convened the Wildfire Insurance & Forest Health Taskforce in January 2013. The recommendations were released on September 30, 2013. CML, along with CCI, the Homebuilders, and the insurance industry, opposed a recommendation that mandated local governments adopt some version of a State Wildland Urban Interface (WUI) Code. CML has continuously argued that this should be a local decision and that the State should partner with local communities to encourage WUI code adoption. It is expected that a member of the Wildfire Matters Review Committee, a legislative interim committee, will request legislation to mandate local governments adopt a State WUI code. Unless the bill merely encourages the WUI code adoption and provides a funding mechanism, CML recommends an oppose position. Staff recommendation: Staff discretion to oppose. Lobbyist: Meghan Storrie Elections: Special District Election Law Special district and CML staff has been drafting legislation to create a special district election law, similar to the Municipal Election Code, which has served municipalities well for decades. The bill will simplify the State Uniform Election Code by relocating provisions applicable solely to special districts and other non-partisan entities. The legislation will also create discrete mail ballot election laws for special districts and municipalities. Currently, we have to rely on a state law that, particularly with amendments added last session, is ill suited to local elections. Finally, the bill will include a variety of technical amendments to various municipal election statutes necessitated by last session’s election legislation. The bill will be sponsored by the House majority leader. Staff Recommendation: Support. Lobbyist: Geoff Wilson Public Safety: Firefighter Equipment and Safety Grant Program Many agencies in the fire service that are the first responders to wildfires are volunteer departments or combination departments. Agencies that are fire protection districts often lie within rural parts of the state and rely on relatively scarce funding through local property taxes, and small municipal volunteer departments rarely fare much better. While support for training and equipment can come through some state and federal programs, the need for better equipment and hands-on training is critical to the safety of these firefighters. In 2006, SB 06-096 passed the legislature and was signed into law creating an off-the- top diversion of $3.25 million of federal mineral lease (FML) revenue. The funds were directed the Wildfire Preparedness Fund, previously administered by the Colorado State Forest Service for wildfire preparedness activities. The funding was set to expire in FY 2010-2011, but the passage of SB 11-238 extended the diversion through FY 2013- 2014 “unless another source of funding becomes available.” Beginning in FY 2014- 2015, the revenue for the fund will come from a different source. Staff proposes support for legislation being proposed by the Wildfire Matters Review Committee and ratification of staff’s effort to craft the language such it that would extend the transfer of these funds indefinitely and create a need-based firefighter safety grant program administered by the Division of Fire Prevention & Control. The program would provide $3.25 million per year to fire departments around the state to help acquire safety equipment, apparatuses, and provide critical training. Staff Recommendation: Support. Lobbyist: Kevin Bommer Purchasing: Intergovernmental Fuel Sales Last May the Colorado Department of Revenue sent a letter to every local government entity stating that state statutes prohibit the resale of tax-exempt gasoline from one tax- exempt government entity to another. The DOR letter stated a fuel distributor’s license and monthly sales reporting would be required for this practice to continue. Resale of tax-exempt motor fuel by one tax-exempt government to another is commonplace and has occurred for decades. Both state and local government agencies share fuel pumps. For example, the State Patrol, Fort Morgan Police, and the Town of Log Lane Village all make use of Morgan County fuel pumps. These are all governments that hold tax-exempt fuel certificates. It’s a cooperative effort that saves time and taxpayer money. Staff members at CML, Colorado Counties, and the Special District Association all agree that a change in the statute is necessary. The change would authorize the current practice of one government entity re-selling fuel to other tax-exempt governments. Staff Recommendation: CML Initiated Legislation. Lobbyist: Mark Radtke About the CML policy statement CML supports cooperation among local, state, and federal officials to provide a strong partnership with Colorado’s cities and towns. CML employs a dedicated advocacy team, a reliable source of information about legislative issues and their impact on Colorado’s cities and towns and their residents. The CML Policy Statement has evolved throughout the history of CML and guides the CML Executive Board, committees, and advocacy team during the legislative session and throughout the year. The CML Policy Committee, which is open to representation from each municipal member and CML section, is charged with developing policy recommendations and proposing amendments to the Policy Statement. During the business meeting (held each year at the CML Annual Conference), CML members consider any recommendations and adopt the Policy Statement for the next year. The CML Policy Statement consists of several major policy items, but is not all inclusive. When legislation or policy issues are considered, the CML staff, Policy Committee, and Executive Board look first to the Policy Statement to develop recommendations and formal positions. If a specific issue is not found within the Policy Statement, then the Policy Committee and the Executive Board will consider and establish a CML position, if any. We welcome input and suggestions from members on CML policy and positions. We remain proud to be your source for advocacy, information, and training. If you have questions or comments about CML policies, please contact Kevin Bommer, legislative advocacy manager, at kbommer@cml.org, 303-831-6411, or 866-578-8175. Local control and municipal home rule In order to consider local conditions and address local desires, community issues and needs should be addressed locally. State and federal government interference can undermine home rule and local control. Therefore, the League: • Urges state and federal officials to respect Colorado’s tradition of local control and allow municipal officials to address local problems without interference from the state and federal government. • Urges congress and the executive branch to respect the roles and responsibilities of states and local governments and similarly urges state officials to avoid preempting local authority. • Supports state enabling legislation that provides municipalities with authority and flexibility to address local needs. • Recognizes the desire of the citizens statewide and in many local communities, with adoption of a constitutional amendment in 1902 and expanded amendments approved in 1912 and 1970, to establish muni cipal home rule and opposes state action that attempts to weaken home rule authority and flexibility. Intergovernmental cooperation Citizens are best served when officials of federal, state and local government (including municipalities, counties, special districts and school districts) respect the roles of each entity and work toward common solutions. Therefore, the League: • Supports increased dialogue and coopera tion among federal, state and local officials and the development of cooperative intergovernmental solutions to common problems. State and federal mandates Programs and regulations mandated by the state or federal government stretch the financial resources of municipalities. These costs, if not paid by the state or federal government, prevent municipalities from fulfilling local needs and priorities. Therefore, the League: • Opposes unfunded state and federal mandates that impose financial burdens on municipalities and their citizens. • Supports the requirement for the General Assembly and Congress to reimburse municipalities for the cost of state mandates, and to make more clear this requirement in state fiscal notes prepared for the General Assembly and Congress. State fiscal fair play Municipal finances are closely interrelated with state finances and policies. State adherence to fiscal fair play policies will greatly help municipalities and their citizens. Therefore, the League: • Supports appropriate action to address the state and local financial crises caused by the interaction of various constitutional amendments and the economy. The Voice of Colorado’s Cities and Towns 2013-2014 POLICY STATEMENT Colorado Municipal League 1144 Sherman Street Denver, CO 80203 303-831-6411 / 866-578-0936 www.cml.org • Supports continued state sharing with municipalities of equitable portions of existing and future revenues derived from tradi tional state-collected, municipally-shared sources. • Urges the state to avoid or exercise restraint in relying on fees, charges and other cash funding of programs that affect municipalities, especially in the areas of technical assistance, in programs where municipal partici pation is mandated by state law, and in regulatory programs that affect municipalities. • Opposes state-granted exemp tions or other state actions that erode municipal sales, use, property and other revenues unless the state provides adequate replacement revenues. • Opposes disproportionate cuts in state programs that benefit muni cipalities. • Opposes the state utilizing local funds or requiring local governments to collect state revenues in order to fund state programs. Sales and use taxes The primary revenue sources for municipalities are local sales and use taxes. Statewide, municipalities generate more than $5 in these taxes to every $1 of property taxes. Sales and use taxes have enabled municipalities to fund public services and improvements and keep municipal property taxes relatively low. Appropriate actions at federal, state and local levels should preserve or enhance these local revenues. Therefore, the League: • Supports retention of authority for all municipalities to set local tax rates and for home rule municipalities to collect their own taxes and determine their own tax bases. • Supports broadening the state sales and use tax base. • Supports appropriate legislation or court action allowing state and local governments to require busi nesses to collect state and local sales and use taxes on remote sales. • Supports cooperative efforts among municipalities to standardize municipal sales and use tax practices and utilization of technology for the convenience of taxpayers, the business community, and municipali ties. • Opposes further reductions in the state and local sales and use tax base. • Opposes legislation that would preempt the authority of state and local governments to apply their sales and use taxes to remote sales. Miscellaneous finance issues The League: Capital financing • Opposes any efforts to abolish or impair the effective ness of the municipal bond interest exemption. • Supports enhancement of munici palities’ flexibility to finance public projects economically and efficiently. Double taxation • Supports state legislation and local practices that eliminate the finan cial inequities created by the imposition of taxes on municipal residents for county services that are provided primarily or solely to residents in unincorporated areas. Federal policies • Supports distribution of federal funds to municipal governments with a minimum of red tape and without excessive diver sion at the federal and state levels. • Supports establishment of advisory com mittees comprised of local govern ment offi cials to ensure ongoing local input on state assumption and administration of federal programs that affect local gover nments. • Supports continued funding of the Community Development Block Grant program. • Supports continued direct funding of federal housing programs. • Supports funding the Energy Block Grant program. • Supports repeal of the Davis-Bacon Act or revisions thereto, including raising the project exemption amount, to eliminate wasteful red tape and enable state and local governments to stretch tax dollars for public works projects. • Supports repeal or revisions in the application of the Fair Labor Standards Act to local governments to avoid the Act’s costly and burdensome impacts on local government operations. • Encourages recognition of Colorado’s unique economic, social and physical characteristics when federal action affects programs or projects of local concern. • Opposes the direct or indirect taxation of the activities and operations of muni cipal govern ment. • Opposes tax reform proposals that would exacerbate the federal deficit, increase the cost of municipal capital investment, interfere with traditional state and local tax systems or preempt the deductibility of state and local taxes. • Opposes the denial of funds based upon a state’s or municipality’s failure to meet requirements of an unrelated program or because of factors beyond the control of the state or municipality. • Opposes cuts in federal programs that disproportionately affect municipalities. • Opposes imposition of federal standards upon local government operations and employees that do not apply equally to federal and state government operations and employees. • Opposes the sale of federal lands to finance federal programs without local input. Consolidation of governments The League supports voluntary consolidation of local government entities and services by mutual agreement. Criminal justice The League: • Supports state- and community-based interven tion, prevention and rehabilitation pro grams and state initiatives that respect the key role of communities and local govern ment officials. • Supports ensuring that municipal governments retain flexibility in implementing federal and state criminal justice programs. • Opposes state preemption of municipal authority to regulate firearms within municipalities. Economic development The League: • Encourages the state to provide adequate funds and staff for a strong, multifaceted program to promote the economic vitality of Colorado. This program should encourage the diversifica tion and expansion of local economies, including support for existing business, creation of new jobs and promotion of tourism. The program should be closely coordinated with local governments and the state should never promote a specific economic development project against the wishes of the community or communities most directly affected by the project. • Encourages the federal govern ment to support state and local government activi ties promoting economic development. • Encourages a comprehensive effort among state and local governments and the private sector to establish an effective tourism promotion program. Education: The League believes an effective education system supplies our municipalities with an educated and well-trained community and workforce who will both allow existing businesses to expand and attract new business investment. The most effective programs are those partnerships among our educational institutions, local stakeholders, and local governments. Due to its importance to our communities, the League supports education as a communitywide value. Specifically, the League: • Supports state and local policies and initiatives that encourage greater early learning, K-12, higher education, workforce training opportunities, and lifelong learning opportunities. • Supports access to information and resources that help parents and caregivers give students the greatest chances to learn and grow in safe and healthy ways. • Supports state initiatives that enhance creative and innovative partnership opportunities with businesses and educational institutions, including shared facilities, school resource officers, and enhanced programming. • Supports funding of education in the state in a balanced manner which takes into consideration the needs of all sectors of the economy and yet not at the expense of municipal revenues. Electric and natural gas services The League: • Opposes federal or state restrictions that would limit the ability of municipalities to create new municipally owned utilities. • Opposes federal restrictions that would dictate territorial service areas or restrict the ability of muni cipally owned utili ties to service customers within their munici palities, including newly annexed areas. • Opposes federal legislation requiring states to implement retail competition. • Opposes federal or state restructuring of the electric or natural gas industry if such restructuring restricts municipal authority to regulate the use of rights-of-way and to franchise and tax utilities and services, interferes with services provided by municipally owned utilities, fails to protect interests of all consumer classes or sacrifices environmental and social objectives protected under existing regulatory policies. • Opposes efforts to prevent municipalities from extending utility services to newly annexed areas, or providing utility services to customers in unincorporated county properties adjacent to the municipality. Emergency services The League: • Supports local control of local emergency services and involvement of the state as a resource to local government in the areas of informa tion, coordination and training. • Supports state funds for those state agencies that serve as a resource to local emergency services. • Supports a voluntary uniform statewide fire incidence reporting program. • Supports close cooperation at all levels of government and increased federal funding to assist local government homeland security and first responder responsibilities. Energy Energy planning The League recognizes several compelling reasons for developing a comprehensive energy policy. Energy conservation saves dollars. Energy conservation and renewable energy production creates jobs and supports local economic development efforts. Energy conservation reduces our nation’s dependence upon foreign oil and improves our energy security. Municipalities are in a position to lead by example. Municipalities are able to provide education and access to information that advocates the economic and environmental benefits of increased energy efficiency. Therefore, the League: • Supports the development of a balanced, long-term statewide energy plan with an overall goal of reducing greenhouse gas emissions through a mix of non-renewable fossil fuels, renewable energy sources, and energy efficiency and conservation programs. • Supports the creation and expansion of statewide goals that provide targets and incentives for the implementation of renewable energy strategies and that also recognize the unique concerns of municipal electric and gas systems. • Supports municipal efforts to assess energy efficiency opportunities in their own operations and in their communities as a whole; setting energy efficiency targets; and creating local action plans. • Supports retrofitting municipal facilities with energy efficient technologies; policies that enhance municipal energy conservation; and programs that promote the generation of alternative energy sources. • Supports working with appropriate state and local agencies to educate municipalities on the use of energy efficient building codes. Natural resource production Municipalities are directly and indirectly affected by the impacts of energy extraction activity and understand the boom and bust nature of it. The League also acknowledges the importance of the extraction industry to the state’s economy. Therefore, the League: • Supports enhanced local input and mitigation powers of municipalities in addressing the environmental and economic impacts of energy extraction. • Supports the State Oil and Gas Conservation Commission involving substantively local governments affected by energy extraction, including a recognition of local health and environmental impacts. • Supports a continued dialogue with local governments regarding the collection and distribution of severance tax and federal mineral lease revenues. • Supports raising the severance tax rate and removing severance tax exemptions in order to generate additional revenue for local governments. • Supports DOLA’s continuing administration of the Energy Impact Loan and Grant program to assure greater transparency and accountability of the funds. • Supports the development of a permanent trust fund using a portion of existing and/or any new revenues from severance taxes and/or federal mineral lease revenues so long as such revenues in a trust fund can be made available to municipalities and counties impacted by energy extraction. • Opposes any reduction in the existing revenue streams of severance tax and federal mineral lease revenue to counties and municipalities. • Supports financial and technical assistance to local governments affected by the development of coal, oil shale, and other natural resources to permit planning for, and provision of, municipal services and facilities. • Opposes the appropriation of energy impact and mineral lease funds, historically set aside for local governments, to finance state programs and administrative costs of state government. Environment In addressing environmental concerns, the League: • Supports relief for municipalities from the burden of Superfund (CERCLA) requirements and application of a reasonable municipal settlement policy by the Environmental Protection Agency. • Supports federal and state programs that encourage cleanup and reuse of “brownfield” property. • Supports full federal funding for cleanup of contaminated federally owned or managed sites, such as Rocky Flats. • Opposes increases in the proportion of municipal cash funding support for state environmental programs. • Opposes state preemption of local government authority to adopt environmental ordinances. Housing The availability and affordability of decent housing is an important concern to Colorado’s municipalities. Therefore, the League: • Supports an adequate supply of good housing, regardless of income level, and continued public- and private-sector support for such an effort. • Supports increased financial assistance from the federal government for housing needs of low- and moderate-income families. • Supports state financial support for the Division of Housing’s loan and grant program for low- and moderate-income housing. • Supports the continued efforts of the Colorado Housing Finance Authority to work with municipalities on the Authority’s various housing loan programs. • Supports the preservation, revital iza tion and redevelopment of existing neighborhoods. • Supports public and private financial assistance programs to address the needs of the homeless. • Supports programs that involve municipalities in addressing foreclosures. • Supports the creation of an adequately financed statewide housing trust fund. Human rights The League supports programs that protect the rights and dignity of the individual and encourages programs that address such issues as employ ment, housing, health care, substance abuse and equal opportunity. Initiative reform The League supports efforts to reform the state’s initiative and referendum procedures. Lottery The League supports preserving all lottery proceeds for park, recreation, open space and wildlife purposes pursuant to the Great Outdoors Colorado program adopted by Colorado voters. Municipal court operations The League: • Opposes imposition of state surcharges on municipal court fines for the purpose of funding state programs. • Opposes limitations on the authority of municipalities to enforce their own ordinances in municipal courts. Municipal development and land use The League supports local control and determina tion of local land use issues. In general, the League supports state laws and policies that encourage new residential, commercial and industrial development to occur within existing municipalities and that discourage the sprawl of urban, suburban or exurban development into rural and unincorporated areas of the state. In addition, the League specifically: • Supports prohibition of the incorporation of new cities and towns adjacent to, or within the service areas of, existing munici- palities. • Supports increased municipal and, within unincorporated areas, county controls over the formation of special districts, placing additional limitations on the powers exercised by such districts and, where practicable, providing for the dissolution or phasing out of special districts. • Supports appropriate efforts to permit application and enforcement of municipal ordinances, such as building codes, fire codes, subdivision regul at ions and zoning ordinances, to buildings and improvements proposed to be con structed by government entities. • Supports municipal discretion concerning the imposition of development fees and requirements. • Supports the clear authority of municipalities to collect an impact fee for schools. • Supports financial and technical assistance to municipal governments in the areas of planning and land use. • Supports municipalities, when appropriate, in utilizing sub-local governments (neighborhood, nonprofit, and civic organizations and homeowners’ associations) in developing and implementing solutions to specific localized issues. • Encourages measures that promote intergovernmental cooperation on land use issues. • Encourages coordination of land use and transportation planning. • Encourages municipalities when using tax increment financing to promote communication and intergovernmental cooperation with affected local governments. • Generally opposes efforts to restrict municipal authority to annex territory. • Opposes delegation of municipal land use authority to state agencies or preemption of municipal land use controls. • Opposes federal or state restrictions, beyond those constitutional restrictions that have been defined by recent Supreme Court decisions, on the ability of federal, state or local governments to regulate private property or to exercise the power of condemnation for the benefit of public health, safety and welfare. • Opposes unreasonable restrictions on urban renewal authorities. Police, fire, and other pension and employee benefits The League: • Supports continuation of state matching funds to assist in retiring unfunded liabilities that accrued under the old police and fire pension plans. • Supports equitable levels of state funding for volunteer firefighters’ pen sions. • Opposes mandates that increase the cost of or create inequities among municipal employee pension, workers’ compensation or other employee benefits. • Opposes mandated Social Security or Medicare coverage for public employees, mandated benefit levels or funding standards for municipal employee pension plans, or other unreasonable burdens or restrictions in connection with the administration of municipal employee benefit plans. • Opposes mandated so-called “Police Officers Bill of Rights” interfering with the management and budget prerogatives of local governments. Postal service The Leag ue supports legis lation and adminis trative action by the United States Postal Service requiring use of mailing addresses and ZIP codes that reflect the corporate boundaries of cities and towns in order to eliminate confusion among citizens and businesses and to reinforce community identities. Privatization The League supports the use of private-sector businesses to provide public services when determined by municipal officials to be in the public interest. Public employment The League opposes efforts to interfere with a municipality’s ability to determine the terms and conditions of municipal employment. Public liability Because of the financial burdens caused by the increasing number of lawsuits against municipalities and their officers and employees, the deterrent that litigation presents to continued service by public officials and the need to assure that municipal liability does not impair the provision of necessary services to the public, the League: • Supports the availability of public liability insurance at reasonable costs and the ability of municipalities to reduce such costs through self-insurance or other reasonable means. • Supports reasonable federal limitations on and reduction in the liability for monetary damages payable by public entities and public employees in suits brought under federal laws. • Supports limitations on the lia bility of municipalities and their officers and employees. • Opposes efforts to expand the liability of public entities and public employees. Purchasing The League supports the authority of municipal officials to determine local purchasing and contracting procedures. Telecommunications The League: • Supports the retention of municipal regulatory authority over cable television systems. • Supports affordable access by all munici pali ties to state-of-the-art telecommuni cation and information services. • Opposes federal or state restrictions on local control of munic ipal rights-of-way or on the authority of local governments to develop or acquire their own telecom munications infrastructure. • Opposes federal or state restrictions on municipal franchising, regula tory and taxing authority over telecommunica tions systems. Transportation The League: • Supports increased funds to finance pres sing surface trans portation needs as long as an equitable portion of new revenues is returned to cities and towns. • Supports state Department of Transportation assumption of street lighting and general maintenance costs on state highways within municipalities. • Supports limitations on “off-the-top” diversions from the High way Users Tax Fund. • Supports preservation of the constitutional requirement that highway user revenues be used for the construction, maintenance, and supervision of the public highways of the state, comprising all modes including facilities for air, transit, bicycle, and pedestrian travel. • Supports greater flexibility and increased revenues for multi-modal transportation systems. • Supports clarification that federal railroad laws do not preempt local governmental authority to protect the safety and environment of citizens. • Supports preservation of the federal funding guarantees for transportation and allocation of all federal transportation taxes and funds for their intended transportation purposes. • Supports efforts to improve air transportation throughout Colo rado. • Supports close cooperation among Colorado Department of Transportation, counties, municipalities and interested stakeholders in improving Colorado’s multi-modal transportation system. • Encourages a balanced state transportation policy that addresses the need to maintain and expand roadway, bicycle, pedestrian, transit, carpool/vanpool and demand management options to improve Colorado’s transportation system. Water In addressing statewide water concerns, the League: • Supports water policies that protect Colorado water resources. • Supports the constitutional doctrine of prior appropriation and the constitutional priority given to domestic water use. • Supports the inventorying and pro tection by municipalities of their water rights. • Supports appropriate water conser vation efforts and sustain able water resource management practices by all users. • Supports efforts to increase knowledge of water-related issues of concern around the state to municipalities. • Supports participation in statewide discussions of water use and distribution. • Supports appropriate coordination of municipal water use with other uses including agricul ture, mineral resource development, energy development, recreation and open space. • Supports federal and state financial aid programs assisting municipalities, including recognition of the special needs of small er municipalities, with the construction and improvement of water systems to protect water quality and to comply with federal and state mandates. • Supports continued federal and state funding for wastewater treatment and drinking water facilities to reduce local costs and expedite con struction of necessary treatment and collection facili ties. • Supports stakeholder input and involvement in developing laws and regulations related to water and wastewater issues. • Supports reasonable and practical ap pli cation of air and water pol lution con trol laws by federal and state administrative officials and encourages restraint in modifying legislation and regulations that have a fiscal impact on municipalities. Particularly in the area of water quality, enforcement should be cor related with the availability of funds necessary to achieve stated goals. • Supports adequate state regulation and enforcement of drilling and mining sites, production facilities and waste product storage and disposal facilities; supports practices to assure citizen safety, environmental protec tion and the protec tion of domestic water sources; and opposes state preemption of local land use and wa tershed regulations. • Encourages on-going communication by federal land manag ers with affected municipalities regarding the leasing of federal lands that might impact local land use and environmental policies including, but not limited to, local watershed ordinances. Youth The League: • Supports municipal and other efforts to address youth issues and needs. • Recognizes the influence that parents in partnership with non profit and religious organizations, local businesses and other governmental jurisdictions have on the development of youth. • Encourages utilization by public schools in cooperation with local governments of League-published or other civics curriculum to educate students in state and local government. The Colorado Municipal League CML was founded in 1923 to provide technical assistance and advocacy on behalf of our municipal membership. There are 265 cities and towns that are members of the League. The CML Policy Committee is responsible for developing policy recommendations and recommended positions on legislation. Every municipal member has the option to have a representative on the CML Policy Committee. A 19-member Executive Board governs the operations of the organization. The League has 24 sections (i.e., planning officials, police chiefs, city managers) and 14 regional districts that provide input and technical expertise in development of League policy. Executive Board Officers President Marc Williams, Arvada councilmember Vice President Charles Bayley, Bennett mayor pro tem Secretary/Treasurer Christina Rinderle, Durango councilmember Immediate Past President Aden Hogan, Jr., Evans city manager Joe Baker, Dacono mayor pro tem William Bell, Montrose city manager Debbie Brinkman, Littleton mayor William Buck, Mt. Crested Butte mayor Mary Cooper, Delta mayor pro tem Carol Dodge, Northglenn councilmember Joe Gierlach, Nederland mayor Sarah Levison, Longmont councilmember Ryan Mahoney, Dolores town manager Jan Martin, Colorado Springs president pro tem Nancy McNally, Westminster mayor Deborah Ortega, Denver councilmember-at-large Dave Sturges, Glenwood Springs councilmember Karen Weitkunat, Fort Collins mayor Jim White, Minturn town manager Colorado Municipal Facts Number of incorporated municipalities: 271 Population (2010 estimates) State: 5,050,870 Municipal: 3,699,120 Municipal as percent of state: 73.2% Range in municipal population: Lakeside: 8 Denver: 605,722 Municipalities with CML membership: 265 Structure of Colorado municipal governments Structure # Population % of Pop. Home Rule 100 3,443,242 93.08% Statutory 170 254,842 6.89% Territorial Charter 1 1,036 0.03% Number of municipalities with city/town manager or administrator: 171 Municipal elected officials Mayors, councilmembers, trustees: 1,763 Percent of elected officials who are women: 29.9% Sources of municipal tax revenue (2008) * “Policy position on a specific issue” means establishing a position or policy on an issue that is not already covered by an existing portion of the CML Policy Statement and may refer to specific issues that members would like to see CML support or oppose should they arise in a legislative or regulatory setting. FALL 2011 PROPOSAL FOR LEGISLATION OR POLICY POSITION CML member municipalities may use this form to submit proposals for: 1. Specific legislation that your municipality believes CML should sponsor, or; 2. Policy positions on specific issues not already specified in the 2013-2014 CML Policy Statement. Your appointed member to the CML Policy Committee should be prepared to present the proposal to the committee on behalf of your municipality at the October 2013 meeting. (Should your municipality choose not to appoint a policy committee member but still wish to have a proposal considered, please contact Kevin Bommer at kbommer@cml.org, (303) 831-6411, or (866) 578-0936. Please use one form for each proposal and include any supporting material, if applicable, following the instructions below. The CML Policy Committee will consider each proposal and make a determination on whether to forward the proposal to the CML Board with a recommendation. Members should be aware that there is no guarantee a proposal will be approved, and both the Policy Committee and the CML Board will have to consider many factors, as well as considerations of the advocacy staff’s input, in shaping CML’s legislative and policy positions. Submitted by (name) Carl Castillo, Policy Advisor On behalf of (municipality or section):City of Boulder Phone: (303)441-3009 Email: castilloc@bouldercolorado.gov Proposal for: CML-sponsored legislation  Policy position on a specific issue* Topic: Local government access to CBI and FBI records for background checks and the seed- to-sale tracking system for marijuana businesses Background (For CML-sponsored legislation, please list (1) The change in existing law that is needed, and (2) The specific issue or issues in your municipality that a statutory change would remedy): Last session, in an attempt to tidy up the "state first, then local" requirements of retail MJ licensing, language that ensures CBI will work with local governments on criminal background checks was inadvertently deleted from 12-43.4-306(2)(c)XXX. The sponsor, Sen. Jahn, acknowledged it was an error and tried to fix it during the last days of the session. However, the legislative drafter made an error that failed to correct it. This is a critical issue to municipalities that will enact a local licensing scheme, including but not limited to the City of Boulder, and will not affect the state or diminish its authority in any way. Before the MMJ statutes were amended to specifically require them to, CBI refused to * “Policy position on a specific issue” means establishing policy on an issue that is not already covered by an existing portion of the CML Policy Statement and may refer to specific issues that members would like CML to support or oppose should the issue come up in a legislative or regulatory setting. cooperate with local governments to provide CBI and FBI results when local governments tried to do a criminal background check. Now that the state is adopting a seed-to-sale tracking program, it is also important for local governments to have access to this information as well. Recommended position/action: Sponsor state legislation allowing local governments to have access to CBI and FBI records for background checks and the seed-to-sale and MITS tracking system implemented by the state for marijuana businesses within cities that allow retails sales of marijuana. * “Policy position on a specific issue” means establishing a position or policy on an issue that is not already covered by an existing portion of the CML Policy Statement and may refer to specific issues that members would like to see CML support or oppose should they arise in a legislative or regulatory setting. FALL 2011 PROPOSAL FOR LEGISLATION OR POLICY POSITION CML member municipalities may use this form to submit proposals for: 1. Specific legislation that your municipality believes CML should sponsor, or; 2. Policy positions on specific issues not already specified in the 2011-2012 CML Policy Statement. Your appointed member to the CML Policy Committee should be prepared to present the proposal to the committee on behalf of your municipality at the October 2011 meeting. (Should your municipality choose not to appoint a policy committee member but still wish to have a proposal considered, please contact Kevin Bommer - Legislative Advocacy Manager – at kbommer@cml.org, (303) 831-6411, or (866) 578-0936. Please use one form for each proposal and include any supporting material, if applicable, following the instructions below. The CML Policy Committee will consider each proposal and make a determination on whether to forward the proposal to the CML Board with a recommendation. Members should be aware that there is no guarantee a proposal will be approved, and both the Policy Committee and the CML Board will have to consider many factors, as well as considerations of the advocacy staff’s input, in shaping CML’s legislative and policy positions. Submitted by (name) On behalf of (municipality or section): Phone: Email: Proposal for: CML-sponsored legislation Policy position on a specific issue* Topic: Background (For CML-sponsored legislation, please list (1) The change in existing law that is needed, and (2) The specific issue or issues in your municipality that a statutory change would remedy): Recommended position/action: Total tax revenue: $2,223,395,480 Property taxes: $314,718,519 14.2% Sales/use taxes: $1,655,953,588 74.5% Total taxes as % of total revenue 63.8% Property tax (2010) Assessed Valuations State: $92.79 billion Municipal: $47.28 billion Municipal as percent of state: 51% Sales tax (2009) Total municipalities levying a local sales tax: 218 Municipalities with self-collected sales tax: 64 Low: 1% High: 5% Municipal elections (1993-spring 2012) Ballot Issues Passed Failed % Passed TABOR Revenue and Spending Changes 454 69 87% Municipal Tax/Tax Rate 367 302 55% Municipal Debt/Obligation 256 122 68% Term-Limits 111 79 58% Prepared by the Colorado Municipal League, May 2012 at: 0.5"