Author: Lakewood News from Karen

On June 6, the Lakewood Budget and Audit Board decided to recommend that Lakewood keep future TABOR funds instead of refunding any excess to taxpayers. That recommendation will proceed to City Council for approval, along with the recommendation for resident input through focus groups. If approved, the issue will be on the 2024 ballot.

In 2018, over 60% of Lakewood voters approved allowing Lakewood to retain funds that would otherwise be refunded through TABOR. That measure expires in 2025. At that time, the voters were told this was a one-time measure, which would be used to fund “parks, police and potholes.”  Those program promises were fulfilled. The 2019 budget used $12.5 million of TABOR funds, $8 million of which went towards parks property purchases (Looking@Lakewood). The 2021 budget used $5.5 million on police body cams, among other things (Looking@Lakewood pg4). However, the city is now used to spending at that level.

Overall expenditures and revenues from the General and TABOR funds were presented at the March 16 Budget Board meeting. As of the June 6 meeting, the day the decision was made by the Budget Board, no critical program was identified as needing additional funds only available through TABOR retention. Instead, overall levels of city spending have grown, and funding for all departments will need reduced proportionately if the city must operate within the General Fund budget. The General Fund is strained because Lakewood’s residential population has grown, requiring increased services, while economic development has not grown, resulting in fewer sales taxes. Lakewood’s mixed-use zoning has exacerbated that problem by replacing commercial buildings with residential.

Work to identify actual budget cuts or increased spending will not be done until after the measure is voted on. That appears to be separate from work to find what the voters may be interested in hearing will be cut or saved, which will affect city decisions and the ballot language. This marks a clear delineation between operational necessity and wish-list type programs. It also brings up the possibility that wish-list promises will be made at the expense of prioritization of available funds. Even within the Budget Board meeting, increased overall spending was not a focus and was not overlaid with decreasing resident satisfaction.  Focusing only on the wish-list expresses a false-positive that spending is appropriate and effective (i.e. everyone would agree to a bigger Christmas budget if they didn’t have to evaluate the day-to-day).

General Fund Revenues From City of Lakewood March 16 Budget and Audit Board presentation
From City of Lakewood March 16 Budget and Audit Board presentation

Graph showing decreasing overall level of performance for Lakewood City Government, according to City survey
From 2022 Lakewood Community Survey: Overall Lakewood City Government Performance by Year Shows Decreasing Performance

The Budget Board recommended hiring a specialist to hold focus group sessions to message and explain what they believed the city needs, while also gathering input from voters. The recommendation did not include researching resident desire to retain funds they could use themselves through TABOR refunds. The focus group will look at what programs residents are interested in spending on, and the length of time they would allow the city to retain funds, including indefinitely. Resident input sessions will be done at city expense, to result in recommendations for a ballot measure the voters will approve.

Focus groups and surveys are effective campaign strategies for ballot measures. Straight ballot measures, without campaign strategies, would be to present voters with three different options: refund TABOR money, keep money for another 5 years, keep money indefinitely. No program spending needs to be identified since that was not part of the original decision.

There was limited discussion of ways to operate within budget without retaining TABOR funds. The city has standard procedures in place for such circumstances. The Budget and Audit Board does not typically engage at that level of detail. Instead, the Board decided to ask for continued TABOR fund use.

The next steps will be for City Council to accept or reject the board recommendations. The recommendation came through consensus; no vote was taken but no dissenting opinions were voiced.


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JD Services: 346-217-8958
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   Due to negative impact on locals, including but not limited to affordability, Italy has proposed new restrictions on STRs, just as Malaysia had to recently do, just as Paris, Tokyo & Colorado towns have had to do. Please read below article

   Why didn’t Lakewood City Council heed the info, repeatedly presented to them, of other municipalities’ multi-year experience across the country & the world?

   Despite their own votes on their generous ordinance & in another example of cognitive dissonance, the “need to address affordable housing” was once again raised by members of the dais in the 6/12 city council meeting; the same members who recently voted for unlimited STRs in Lakewood.

  In Community, Imara


SHORT-TERM RENTALS

Italy Proposes Law to Restrict Short-Term Accommodations
Italy is pondering a move to curb short-term rentals in its historic centers, giving locals a chance to score dreamy homes instead of tourists, and the proposal has sparked a fiery debate between locals, businesses, hotels, cities, and even the national government. It’s like an Italian soap opera right before our eyes!

Italy’s Tourism Ministry recently unveiled a draft law to limit short-term tourist rentals, including Airbnb listings, across the country. The aim is to tackle the scarcity of affordable housing in major cities and alleviate overcrowding in tourist hotspots.

While Florence has already banned Airbnb in its city center, the proposed bill in Rome has sparked mixed reactions. While hotel businesses advocate for stricter rules, property managers are standing firm in defense of their businesses.

Read more…

The U.S. Environmental Protection Agency has extended their public comment period on two proposals that would further regulate ethylene oxide to protect people’s health and the environment. The agency is now accepting comments through June 27, 2023.

https://www.epa.gov/hazardous-air-pollutants-ethylene-oxide/summary-how-engage-epa-actions-address-ethylene-oxide



Terumo BCT public comment:

https://www.terumobct.com/terumo-bct-and-ethylene-oxide


Comment submitted to EPA from Lakewood resident:

To Whom It May Concern,


My comments will concern an aspect of cases of pollution, radiation and other hazards that are not typically looked at – the corruption and malfeasance by the elected official involved in making decisions
which, while not obvious at first, have dire consequences upon thousands, and, at times, over generations, millions of people.


I grew up a short distance away from Chernobyl, in Belarus. To this day I come across pieces of knowledge, whereby, government officials made horrendous decisions, be they driven by the desire to save face or to simply hide the truth (and at times, coupled with ego-driven foolishness). Worse still, I see corruption and ulterior motive decision making, mainly driven by greed and ego/narcissism in the U.S. at state and local levels now more than ever.


Which brings us to Terumo BCT in Lakewood, CO. Yes, there should be far stricter regulations on how any given facility utilizing Ethylene Oxide is overseen. However, what is not been looked at are the decisions made by the local and state officials.


Under the convenient guise of “EPA is a federal entity that’s looking at the levels of exposure and we are cooperating”, development adjacent to the potentially harmful effects of such a facility, which may not
manifest themselves for decades or even generations, continues. Hence, not only are thousands of current residents are exposed, but untold future thousands might be exposed due to the decisions of
the local officials.


There are numerous examples of the local officials making decisions driven by greed, corruption and shortsightedness. Arizona now has to limit the building of home around Phoenix due to well water
running low:

https://www.theguardian.com/us-news/2023/jun/02/phoenix-arizona-limits-future-home-building-drought

WHILE, allowing the growing of alpha-alpha, slated for export to Saudi Arabia, rapidly depleting well water in Western Arizona:
https://www.cbsnews.com/news/saudi-company-fondomonte-arizona-ground-water-crop-alfalfa/


While there are larger environmental factors at play, the shortsightedness of the local officials, coupled with short term greed, is one of the key factors now driving the drastic decision related to Arizona’s water supply and Colorado is not far behind in such levels of buffoonery, again, driven by short term greed and corruption.

Lakewood city council and some of the city staff have been pushing for poorly planned development, which is placing thousands of future residents in to rather precarious economic and, now, due to the
recent findings by the EPA, environmental position. There are numerous rental units being built in proximity to the Terumo BCT facility, even after the recent findings by the EPA.

(Oak Station Apartments – just a short way down from the zone estimated by the EPA to have exposure to the Ethylene Oxide. And there are hundreds more (perhaps, thousands) of units that are being built all along the Colfax Corridor adjacent to the same area.)
Fundamentally, the government has “one job” and it is to ensure that businesses act in an ethical manner. Which, unfortunately, the government has been failing at, be it at a federal or local level. The
recent settlement with Dupont, Chemours and Corteva in regards to PFAS is the latest example of this:

https://www.theguardian.com/environment/2023/jun/02/dupont-pfas-settlement-water-chemical-contamination

For decades, millions of people (never mind the environment) have been absorbing these chemicals. The adverse effects may not be truly known for decades if not generations more. And those companies knew what the chemical might do. The government knew… Why did it take decades to truly act and when the action was taken, it is just a settlement which will never truly cover the real extent of the
damage caused?


Just as might turn out to be the case with Ethylene Oxide (and other “surprises” which should be put in the proverbial sunlight in Colorado, but are not in the scope of this particular matter).


Lakewood administration has shown little, if any, regard for (true) economic and environmental considerations in other parts of the city (other than the placating and dismissive statements in the city’s
propaganda pieces and vacuous statements as a response to the inquiries by the citizens).


Hence, it might be prudent to start exploring either criminal liability being mandated from the federal level for the local officials, whose decisions are driven by catering to those who donate the most and far
stricter, federally-driven, framework must be established where any future development is a subject to review, public input and hearings, governed NOT by state and local officials, but by entities who won’t be easily swayed by the corruption at the local level.


Thank you.

The Right Words

Cross-post from Alex Plotkin, YourHub

And by the way, if you get hung up on words, then you’re going to let a lot of evil [individuals] slip through. Because evil people learn the correct terms very quickly. I don’t know if you’ve noticed that? They are the first ones to learn it so they can smuggle their evil [stuff] through. By saying everything ‘correctly’ even though they are hiding really bad [stuff] in it.” – Patton Oswalt

Metro districts and high-density, high-priced rentals have spread, like cancer, across Colorado. Municipal and state legislators are enabling this plague, using the “right” words such as “affordable housing”, “equity”, “sustainability”, and “economic development”.

And you are paying for it – hundreds of dollars, per month, on top of the mortgage, in metro district fees which were voted on by the developers, before the residents had any say, or between $1,600 and $2,400 or more for a one-bedroom rental in a corporate-owned apartment building. …

Read more at YourHub


The May 16 West Metro Fire Protection District Regular Board Meeting highlighted the educational possibilities in Denmark. Fire Chief Lombardi shared the techniques developed at West Metro at the European Diversity Conference in April.  Deputy Chief Metz will attend the Officers Development Program in June. Both events were hosted by the Federation of European Fire Officers (FEU) and both events were opportunities available through the Metropolitan Fire Chiefs Association.

Fire Chief Lombardi reported that he represented the Metropolitan Fire Chiefs Association when attending the Diversity Conference. Lombardi is the immediate past President of the Metro Fire Chiefs. His platform as President was one of education and he instituted the possibility of someone attending this conference. During his attendance, he was able to share techniques for increasing gender diversity from his time at West Metro. Lombardi also represented the United States at this conference by virtue of being the only US attendee. The FEU DEI Conference was open to all and saw attendees from 18 countries. Conference costs For Chief Lombardi were covered by the Metro Fire Chiefs Association, with the possible exception of his time.

Diversity remains a priority for Chief Lombardi. Chief Lombardi was asked by the Board how West Metro’s demographics looked. Lombardi did not have hard answers ready but felt the district underrepresented Hispanics. Lombardi was a leader in redefining the physical ability evaluation model so that females are now tested on their ability to carry the fire hose and perform duties, rather than arbitrary tests such as the number of pushups possible.

Dr. Jennifer Taylor, of Drexel University and the International Association of Fire Chiefs, also attended to present finding of her research. Dr. Taylor has a grant to develop a diversity toolkit. Several members of West Metro, including Chief Lombardi, will continue to work with Dr. Taylor on this project.

Deputy Chief Metz will also be travelling to Copenhagen, this time to participate in an Officer Development Program. Metz said he was particularly excited about this program as a way to see how the European countries were implementing United Nations sustainability goals. One of Deputy Chief Metz’s goals in sustainability is moving to electric fire trucks when feasible.

The FEU invited Metro Fire Chiefs to include a participant in the Development program. During the meeting, Chief Lombardi said that Metz has a unique opportunity …’He’s going to be the US representative to the Officers Development Program.” Metz said that he applied for and was accepted as North America’s representative. After the meeting, Chief Lombardi clarified that no one else applied. The International Association of Fire Chiefs, the overarching organization of which the Metro Chiefs are a subsection, could not locate any announcement of this program accepting applications.

Lombardi believes participation will be good exposure to global financial and marketing practices, therefore West Metro will cover the costs for program participation. Participation in the Officer Development Program will also serve as part of Chief Lombardi’s successor management training.


Reader Recommended Business: Jammin Films

Lakewood City Council Member Anita Springsteen announced that she had the “amazing honor” to be asked by the NAACP to start a chapter in Jefferson County.

The NAACP is the “home of grassroots activism for civil rights and social justice.” Springsteen will continue to tackle inequality and abuses through her work with the organization. She asks for those interested in serving on the organizing committee or being a member to contact her at [email protected].

The City of Lakewood adopted the 2021 International Building Codes on May 8th. This move will increase the price of new and existing homes and increase the city’s authority to regulate maintenance on private property. Multiple City Council members stated that these changes were necessary for public safety.

Safety

The safety factor was directed toward the adoption of the 2021 International Property Maintenance Code. This new code will allow the building department to issue citations for public safety concerns on private property. Residents can now contact the city if they see broken concrete or inadequate railings on the property of their neighbors or landlords.

Lakewood does not have enforcement capability to police all properties so this will be resident driven, with the city retaining the ability for flexible, i.e. selective, enforcement. There is no timeline for compliance per code. Lakewood city staff vow to work with residents in cases of hardship.

As an example of why this code was necessary, the city cited the case of 940 S Ames St. By the city’s own admission, this property fell into disrepair through a series of unfortunate events leading to the city condemning the property. The city went through legal actions to require the building to be torn down within 90 days of property purchase.

The Ames property was a unique case in which two successive, related owners had personal issues, died and left the property to a third relative who was dealing with loss and extreme property issues. The probability is low that maintenance code violations could have fixed the situation and in fact, the demolition was demanded of the new owners.

The property maintenance code was approved unanimously although one Council Member cited concerns with intrusions onto personal property rights, and another Member cited concerns with the increased cost to lower-income homes.

Increased cost

The city also adopted the 2021 Residential Code and the 2021 International Energy Conservation Code, both of which raised flags for the higher-than-normal new costs they will impose. One 2021 study showed that new building codes have contributed to a 9.9% increase in home costs over the previous 10 years.

That increased cost was demonstrated in the aftermath of the Marshall Fire. Victims had to build their new homes to the new codes. One resident reported hearing estimates as high as $98,000 to meet the new regulations, according to the Denver Post. The town of Superior and Louisville ended up suspending the 2021 codes because of the extreme costs. The residents of Boulder did not have that same relief. Detailed cost estimates obtained by Louisville residents show an estimated $75,000 additional cost for their new home.

Due to the unique circumstances surrounding an emergency, there were many financial incentives available to those homeowners. Some of the residents voluntarily adopted the code after protesting it, according to the Denver Post, due to the availability of relief funds.

Costs in Lakewood will be borne by homebuilders and new residents. According to the National Association of Home Builders, the residential code update, only one code out of several, has a $6.5-$12,000 increased cost. That cost includes increased insulations and sprinkler systems for residences. The same report found that it will take 32-67 years of energy savings under current prices to pay that cost back.

The 2021 International Energy Conservation Code, which has also been adopted by Lakewood, is a little confusing. It appears that new requirements such as having an electric vehicle charging infrastructure, all electric appliances, and carbon offsetting credits were proposed but removed, according to the New Buildings Institute. These removed provisions may be the source of much of the costs in original estimates.

All building code updates were adopted voluntarily by Lakewood. City staff provided options to remove the sprinkler provision but that option was not taken by Council, even though previous city surveys showed residents were not in favor of residential sprinklers. Lakewood is one of the only cities in the state to adopt that provision, which West Metro Fire has been working hard in favor of. All codes were modified before adoption per Lakewood’s local specifications (see ordinances). Except for the maintenance code, all updates were adopted with all in favor except for one dissenting vote by Councilor Janssen.

“It’s important that NAHB members and HBAs emphasize that there is no need for a state to update its energy codes in most cases. Adopting new building codes is expensive… and can be confusing for both builders and building officials.”

-National Association of Home Builders

Reader Recommended Business: Foothills Mobile Dog Grooming

The May 8th Lakewood City Council meeting included an item to repeal and reenact Lakewood Municipal Code governing Parks and Recreation. The staff presentation delineates several updates. In the “other” items category, the voiceover includes “clarify the authority” of the Community Resources Director. In fact, the proposed language will transfer all authority from the City Manager to the Director of Community Resources.

The City Charter gives the City Manager responsibility “to the City Council for the proper administration of all affairs of the City.” Under the proposed revision, the City Manager will no longer be responsible for Community Resources, per the Municipal Code. All decisions will be made by the Director of Community Resources.

The Community Resources Director does not report to Lakewood City Council. Council can only talk to the City Manager, setting up a disconnect, now that the City Manager is no longer involved in Community Resources.

The language used in the staff presentation, ie “clarify the authority”, seems to suggest that the City Manager has not been playing an authoritative role for some time.

On May 1, 2023, Lakewood City Council held a workshop on adding a censure policy to council procedures. The idea was prompted by using a specific word (“girls”) used in Council once, in an old-fashioned, politically incorrect way that was taken as a personal insult by some Council Members and residents. A public reprimand, which is the general definition of censure, was immediately and repeatedly tendered by individuals who felt personally offended. Those individuals do not appear satisfied. City Council is now studying procedures to publicly reprimand with the weight of Lakewood City Council in case a personal insult is taken in the future.

Sitting City Council Members have explained in public meeting that censure was removed from City Council years ago because it was being used as a political tool. Council Members who believe themselves to be targets of censure also fear censure will be used politically because they have not aligned with the majority of Councilors on a variety of issues.

Censure may also have been removed because it is not common. Lakewood Informer conducted a search of the municipal code of the 75 most populous home-rule cities and towns in Colorado. The data reveal approximately 25% of those had a provision for censure, (with 75% having no provision). Of that 25% with censure provisions, approximately 75% require a public hearing and/or investigation by a third party.

Pie chart showing 75% of cities do not have censure, 25% do have censure provisions

Of those that do censure, only 2 would censure for defamation. None included censure for subjective actions such as personally offensive or critical speech. Censurable acts are commonly restricted to financial misconduct, conflicts of interests and breaches of confidentiality. One city included directions for personally offensive language to be dealt with at a personal level, i.e. without government support, which is the situation that sparked Lakewood’s controversy.

Lakewood City staff provided several examples of censure provisions from other cities, including the most aggressive policies among the examples, showing options for defamation and removal from office. Discussion revealed that censure is not an effective way to change behavior. However, Council Members that were insulted from the dais feel it is important to have the tool ready, especially when residents ask Council to act on their behalf.  Removal from office was not a desired outcome, according to public statement by Council Members.

Council will proceed with future study sessions before implementing a new procedure. Issues to be decided include a definition of censure, actions which may be censurable, and majority versus super-majority votes. Guardrails such as an independent hearing was not yet discussed but is common.

Example guardrail: “integrity of the council member is undermined to the extent that the council member could not adequately perform as a representative of the city”

Study sessions may be scheduled soon, judging from the rushed timing of the censure workshop. The timing of the workshop also demonstrates the power of the majority, who would not discuss priority project ideas from Councilors who are now accused of offensive behavior. These ongoing political battles are apparent in every Council meeting. Forgiveness does not seem to be an option.

There are several special districts in and around Lakewood, which are often overlooked but control a lot of money, policy, and services. To help keep them in mind, we provide the list below.

Cancelled elections only have enough candidates to fill the seats, therefore no contested elections.

Please contact us with any additions or corrections. Sites located through DOLA.


Alameda Water & Sanitation District: Results not posted

Applewood Sanitation District: Election cancelled

Bancroft-Clover Water & San. District: Election cancelled

Bear Creek Water & Sanitation District: Election cancelled

Bennett Bear Cr. Farm Water & San. District: Election cancelled

Bonvue Water & Sanitation District: Election cancelled

Daniels Sanitation District: Election cancelled

Denver West Metropolitan District: Election cancelled

East Jefferson County San. District: Election cancelled

East Lakewood Sanitation District: Election cancelled

Foothills Park & Recreation District:

  • Ward 5
    • George B. Mumma Jr. – 628
    • Phillip Trimble – 650
  • Ward 1*
    • Michael Hanson
  • Ward 2*
    • Cynthia Daughtrey

Fossil Ridge Metropolitan District: Election cancelled

Grant Water & Sanitation District: Election cancelled?

Green Gables Metropolitan District No1: Election cancelled

Green Gables Metropolitan District No2: Election cancelled

Green Mountain Water & San. District:

  • Todd Hooks: 1430
  • Karen Morgan: 2496
  • Randy E Little: 1209

Green Tree Metropolitan District No. 2: Election cancelled

High View Water District: Election cancelled

Indiana Valley Metropolitan District: Election cancelled, vacant positions

Indy Oak TOD Metropolitan District: Election cancelled

Jefferson Conservation District: Election cancelled

Lakehurst Water And Sanitation District: Election cancelled

Leawood Metro. Recreation & Park District: No website

Lena Gulch Metropolitan District: Election cancelled

Mount Carbon Metropolitan District: Election cancelled

Normandy Estates Metro. Rec. District: Election cancelled. All positions vacant

Northwest Lakewood Sanitation District: Election cancelled

Plaza Metropolitan District No1: Election cancelled

Plaza Metropolitan District No2: Election cancelled

Pleasant View Metropolitan District: Election cancelled

Pleasant View Water & San. District: Election cancelled

Prospect Recreation And Park District: No information posted

Section 14 Metropolitan District: Election cancelled

South Sheridan Water: Election cancelled

South Suburban Park & Recreation District:

  • Michael Edwards: 213
  • John Priddy: 461
  • Pam Eller: 949
  • Ken Lucas: 631
  • Elizabeth Watson: 502
  • Alexis Barrere: 497

Southwest Plaza Metropolitan District: Election cancelled

Three Hills Metropolitan District: Vacant positions

West Metro Fire Protection District: Election cancelled

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