Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

budget

A $9 Million Grant with Unknown “Strings” Attached

Guest Post by J.T. Johnson – Lakewood Ward 4 If you missed the last two Lakewood City Council meetings, you missed… Well, let’s put it this way, if my Mom had caught me doing what I saw at the meeting, I would have been sent to my room without any dinner.   Let’s start with the February 12 meeting:  Perhaps the most disconcerting and substantive financial part of the meeting came about as a result of questions posed by Councilor Rein to the City Planning Office and the State’s representative providing the grant.  According to the City Planning Office, the taxpayers are on the hook for $2M – $2.5 of operating expenses each year.  (The City’s own financial documentation indicates the operating costs will be much higher, but let’s use the Planning Office numbers for now.)  He went on to say that any decision of the Council to accept the $9M grant would “not be binding on future Councils.”  I believe most legal scholars would disagree with the City Planner and state that future Councils will be bound by grant conditions and the “strings” attached to the grant.  A future Council could elect to breach – but that always comes with a price tag.  Query:  Where was the City Attorney while the City Planning Office was providing legal advice to the Council?  She sat there and didn’t say a word. Following the Planning Office comments, the grant representative from the State said that a contract would be negotiated with the City identifying the City’s obligations.  This contract would only be negotiated AFTER the City accepts the $9M grant.  She pointed out that the contact obligations would be for a 30-year period of time. YIKES!  The City will not know its contractual obligations with the State until AFTER it accepts the money.  What entity takes $9M without knowing what “strings” are attached??  The answer to that probing question is, your City Council.  A simple remedy to this problem would have been to negotiate the terms of the grant contract PRIOR to accepting the money.  Finalization of the contract could have been contingent on the City accepting the grant.   At least the citizens of Lakewood would have known what their City Council had signed them up for if the terms had been negotiated in advance.  But, No!  The councilors were so eager to get their hands on more of your money that they apparently didn’t even want to know what the additional strings would be.  And don’t forget, “he who controls the purse controls the “strings.”   Other than the two councilors from Ward 4 (Olver and Rein), no councilor expressed ANY concern over the uncertainty of the “strings” attached to accepting the $9M.  Now, fast forward to the February 26 Council meeting.  The issue consuming the most time at this meeting dealt with the Head Start program in Lakewood.  Due to possible overlapping resources and the very high per capita cost of the program, Lakewood wants to eliminate the Head Start program from its provided resources. The City favors passing this opportunity to Jefferson County or a private entity.  All of the councilors seemed to agree with eliminating the program from the City’s budget.  However, there was some uncertainty over which entity (if any) might take on the Head Start responsibilities so as not to have a disruption of services.  NOW, here’s the dichotomy – because of the “uncertainty” the Council would not move forward to allow the City to notify the Federal Government (DOE) that the City of Lakewood would no longer be responsible for the Head Start program.  The councilors wanted the City to informally probe other Head Start providers (private entities and Jefferson County) to ascertain their interest.  Here’s the problem:  the councilors were told by the City representatives that the Federal Government cannot seek other providers UNTIL the City removes itself as the Head Start provider.  Only one of the councilors expressed an opinion that acquiring another provider would not be a problem, given the City’s support for the program.  Nevertheless, because of the uncertainty (though likely small), the Council voted to delay notifying the Federal Government.  Apparently, the councilors – even if they are well-intended – have little knowledge about Federal Government contracting.  They may think that the Federal Government can move at light speed and such delay would have no impact on continuing the Head Start program.  In reality, the timeframe between now and the City’s proposed schedule to withdraw from the Head Start program may be insufficient to allow the Federal Government to meet its contracting requirements.  Council’s failure to allow the City to give timely notice to the Federal Government may result in contracting deadlines being missed. Later in the meeting, one of the councilors recounted some of the events from the February 12 meeting.  He specifically stated that the February 12 meeting included a “robust” discussion relating to the finances at the Navigation Center and the $9M grant.  I must have attended a different City Council meeting because I heard no “robust” discussion about funding.  Unfortunately, he misses the bigger issue.  While there were brief comments about the current finances and how a portion of the grant could fund some of the operating expenses, there was no discussion about how the City would fund the long-term operating costs and no discussion about how to fund any of the “strings” the State will attach to the grant… and how could there be any discussion about those “stings” since the City Council has no idea what they will be.  We heard no discussion about contents of the thirty-year contract required by the State, when those contract negotiations would occur and whether the Council would even review/approve the contract. Bottom line – Uncertainty over “strings” attached to $9M and saddling taxpayers with $60M – $100M+ of future obligations is not a problem for this council.  ($60M if you use the Planning Office low number and likely more than $100M if you use the City’s internal numbers.) 

Lakewood Spends Taxpayer Money on Keeping Taxpayer Money

In June 2023, the Lakewood Budget and Audit Board voted to recommend keeping future TABOR funds. To do that, they recommended finding a specialist to help find out what would make residents agree to this proposal. That decision seems to be proceeding, although requests for status have not yet been answered. As this CBS News article points out, governments cannot spend money on political campaigns. Although keeping TABOR refunds will be a ballot issue, it is not now. Therefore, there is a loophole to be taken advantage of in order to craft a political message before announcing the ballot measure. Jefferson County is doing the same so-called pre-campaigning for tax refunds. However, in the case of the county, they were very careful not to say that a decision had been made to keep the funds. Jeffco said they were just researching, which will include ways to craft ballot language. Lakewood has already made the decision to keep the TABOR funds by a vote of the Budget and Audit Board. So a ballot issue is pending but is not yet announced. The Board discussed using the specialist to find out what residents would be willing to pay for so that they could use that language. Former Mayor Paul pointed out how successful that strategy was the last time. Jefferson County was in the news for hiring a personal connection of Rep. Brittany Pettersen to research this TABOR issue. Lakewood did not have to suffer this scrutiny because they reached out for three quotes that did not go over the limit which would require a public Request For Proposals. The decision did not come to Council as a separate policy decision that would require public discussion. The expense would have been included in the 2024 budget and approved at that time. There is no word on the current status of this project. No Council Member responded to questions for status or where in the 2024 budget the funds were included. Update 3 February 2024: Council Member Olver responded that the current Budget Board Council Members would be more likely to have answers. Currently that would be Councilors Rebekah Stewart, Jeslin Shahrezaei, Isabel Cruz. Reader Recommended Business: Go With the Flow Plumbing

Lakewood Paying for RTD Lights

Fixing the bridge lights for RTD on the 6th Avenue overpass is an $800,000 budget item for Lakewood… to fix RTD property. The large line item caught the attention of Council Member Olver at the time. How did this get to be in the budget with no prior public discussion? Why isn’t RTD paying for their own repairs? A series of open-records requests reveal not a single communication in 2023 between RTD and any city official discussing the details of how the project came to be. Not who would pay or for what, not what they think the problem is, or why RTD cannot pay for it…. Nothing. As seen in the highlighted screenshot below, open-records requests revealed an email between the RTD point of contact and Council Member Shahrezaei. Shahrezaei responded that she would speak over the phone. Phone conversations increase communication but cannot be provided through open records requests. As the Council representative to DRCOG, Councilor Shahrezaei is in frequent contact with regional boards like RTD. The city shared that this project was submitted to the budget by the Public Works Department during the 2024 budget process. No communications came up between staff and RTD on this topic but the city says they have been in discussion about the project for years. No Council Discussion but Presumed Permission According to the city, this budget item aligns with City Council Goal 3, “Beautiful and Sustainable City.” Normally, setting goals is admirable but this statement reveals the public policy disparity with the City Council setting goals. Public and City Choose Different Bridges These bridge lights will be beautiful – if they can stay lit. Unsubstantiated sources suggest that the lights cannot remain functional through the train vibrations that displace electrical wiring. In the bigger picture, there was public outcry in 2023 for a different bridge. Public wanted to keep the use of a pedestrian bridge in Ravines Open Space park. 290 residents signed a petition to keep a bridge that will now be lost. For the price of the lights that are RTD property, the city could have kept the city beautiful a different way. Now those park users will have an unusable pipe-hanger while RTD gets bridge lights that will, certainly, be enjoyed by all. Footnote: then-Counselor Janssen did not receive any answers to her questions before Council voted to approve this budget.

Residents Will Pay For Development

One recommendation from Lakewood’s Strategic Housing Plan (SHP) is to incentivize development with city funds. A variety of costs and methods are discussed. Specific spending decisions have not been made but City Manager Hodgson says staff is ready with a proposal to work with  the Community First Foundation  in a donor-advised fund. Funds could be ready as early as first quarter 2024. Hodgson suggested a starting amount of $500,000. In most cases, direct funding would not be economical so available funds could be used to leverage other funds. For example, city funds could match against other government grants for development. There are significant other costs proposed: The other favored source of proposed funding would be from an increase to the Accommodation Tax (currently 3%). This hidden tax increase would have far-reaching effects: The reason for the accommodation tax in the first place was to fuel economic development but that purpose has been modified for public safety by Lakewood City Council. The city has previously made funds available through the Community Block Grant Fund to pay for infrastructure costs for development. One benefit of having a new fund with the Community First Foundation would be that funds would be immediately available on the developers’ schedule, rather than waiting until grant approval time. The indirect costs of increased residential services and decreased business opportunities cannot be directly calculated so are not considered.

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