Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

budget

City Uses Budget Presentation to Push TABOR Retention

The 2025 budget presentation included a sales pitch to keep your TABOR refunds. Each department made note of which projects would be funded by TABOR and made a simple statement along the lines of “Without the additional TABOR revenues, the city will have less revenue.” Lakewood’s Chief Financial Officer, Holly Bjorklund, dedicated extra slides detailing how TABOR retained tax funds were used, by the specific project and by the department, to make an impressive list of accomplishments. Staff did not note which projects would go away if sales tax revenue decreased. There was no note detailing ways to increase sales tax revenues through economic development. No Council Member asked to spend less. TABOR retained funds accounts for 1.23% of all funds. In contrast, sales tax is the biggest source of revenue at 41%. Sales tax is also used for parks and police and all other city functions. It would be normal to focus on the bigger percentage of funds to present a clear budget picture. Instead, Lakewood focused on the single-digit, smaller source of funds. Coincidentally, Lakewood initiated a ballot vote to retain these funds permanently into the future. TABOR is the most mentioned fund but among the least significant. All this focus on TABOR by the city is to influence the upcoming vote that the city sponsored. If you have any doubts about Lakewood influencing your vote, see the list of TABOR-funded projects that the city has thoughtfully provided on its website. On October 7, City Council will vote on a resolution to urge residents to give up their TABOR refunds forever. This action comes after Council Member Olver was not allowed to print additional facts on the issue at all. It appears as if Lakewood is only presenting one side of the issue. There would be no need to focus on one, little, over-collected fund if the city would: Note the jump in retained TABOR fund in 2017, coincident with the city’s ability to retain. “Through the ballot measure in 2018, Lakewood voters approved lifting the TABOR limits on the city’s budget from 2017 through 2025” – Lakewood 2025 Budget Book

An Open Letter to Lakewood Mayor Wendi Strom and the City Council on Taxes

Repost from Bob Adams on NextDoor.com Dear Mayor Strom: As Mayor, you and the City Council are asking us (in the November ballot measure) to allow you to permanently keep and spend all the extra tax dollars you over collected, not just this year, but next year and every year after that, as well as asking blanket permission to raise taxes anytime without a vote of the people. We know these extra tax dollars were not an accident, but deliberately over collected – in anticipation of your ballot measure.  How are our tax dollars being spent? As a taxpayer, I was shocked to learn we pay Lakewood City Manager, Kathy Hodgson, $368,137 in base salary per year – nearly as much as the President of the United States at $400,000 and much more than the vice president and governor. This seems really high for a town the size of Lakewood. The city Manager in Ft. Collins (slightly larger) is paid $97,232 and Colorado Springs (much larger), $104,517. Please advise and explain the total compensation package currently being paid to the city manager. Please include additional fringe benefits, any bonus amounts paid, deferred compensation, expense accounts, retirement benefits and any other benefits. As you know, all of this is public information.  Thank you in advance. This information will help us evaluate your Ballot Measure.  Sincerely,  Bob Adams  Lakewood.  Further information: As an addendum, I’ve just learned that our Lakewood city manager also has a deputy city manager who is paid $207,000.  This letter was sent to the Mayor by email. If I receive a response from her or the Council, I’ll share it here.

Our Tax Dollars at Work – Jefferson County Property Tax

Repost with permission from Bob Adams, Nextdoor The Jefferson County Commissioners met at 9 AM on, 9 July, 2024 in a public meeting to vote on a ballot proposal to allow them to keep all the excess funds they overcollected with our 2024 property tax billing. These excess funds would normally be refunded to us because of TABOR. I attended the meeting. Why overcollected? For several years, the County Commissioners have failed to produce a sound budget. Instead, they spent more than their revenue and drained reserve funds to make it APPEAR they had a balanced budget. This year, they ran out of reserve funds and accounting tricks. The County Assessor did a reappraisal in 2023 as required by State law. Overall, the appraised value of all properties increased by about 37%. By State law, the commissioners were supposed to adjust the mill levy downward to adjust the overall revenue to equal the County budget. Governor Polis even sent a letter asking them to reduce the mill levy. They failed to do so. Instead, they intentionally kept the previous year’s mill levy knowing full well they would collect millions of excess dollars. The Commissioners then contracted to spend $340,000 of our tax dollars with a politically connected company, The Bighorn Company – Democrat Brittany Pettersen’s husband’s company, to write a ballot proposal (read more about Jeffco and Lakewood lobbying). I attended the 9AM meeting and it originally seemed all sides of the issue would be heard fairly. I was wrong. The commissioners gave no serious consideration to budget cuts and didn’t mention wasteful spending (such as the County Clerk’s holiday party). They politely listened to all public comments, then IGNORED all comments against or to improve the ballot proposal, and quickly voted to approve it with little discussion and no changes. This proposal is sneaky and deceptively written: “WITHOUT INCREASING ANY TAX RATE OR MILL LEVY RATE, AND TO FUND: ● TRANSPORTATION AND INFRASTRUCTURE (BUILDING, MAINTAINING, AND REPAIRING ROADS, BRIDGES, POTHOLES, AND OTHER COUNTY INFRASTRUCTURE); AND ● PUBLIC SAFETY (WILDFIRE AND FLOOD MITIGATION AND RESPONSE, ADDICTION AND MENTAL HEALTH PROGRAMS, CRIME PREVENTION PROGRAMS AND STRATEGIES, AND OTHER COUNTY PUBLIC SAFETY FUNCTIONS); SHALL JEFFERSON COUNTY BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND THE FULL REVENUES FROM AUTHORIZED REVENUE SOURCES BEGINNING IN FISCAL YEAR 2024 AND IN EACH FISCAL YEAR THEREAFTER; AND SHALL RESULTING REVENUE AND EARNINGS BE TREATED AS A VOTER APPROVED REVENUE CHANGE AUTHORIZED BY ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW; AND SHALL RESULTING REVENUE AND EARNINGS BE REVIEWED ANNUALLY BY AN INDEPENDENT AUDITOR AND A CITIZENS ADVISORY COMMITTEE?” Why is it deceptive? The ballot provision does away with ALL current and future TABOR protections – but doesn’t say so. It also does away with the annual 5.5% property tax cap. It implies there would be no tax increase. In fact, it’s a major tax increase. It says no increase in the tax rate or mill levy which is a half-truth. With the huge increase in the 2023 property appraisal, the mill levy was supposed to be reduced. Instead, they kept it at the previous high level resulting in a windfall increase in revenue. As a result, it allows the commissioners to INCREASE future tax rates without any taxpayer control. Looking at and analyzing the facts and events that led to this ballot proposal, it certainly appears this is a deliberate, planned effort by the Commissioners and county to keep and spend the excess property tax revenue they collected this year (2024) and eliminate TABOR and all other legal restrictions on increasing property tax in the future. Don’t be fooled. The commissioners want us to vote to approve a huge property tax increase now and into the future with a clear attempt to pull the wool over our eyes. People who don’t own real estate in the County may think this won’t affect them, but it will. Landlords will pass along the tax increase in higher rental rates and businesses must pass along the tax as higher prices on their goods and services. This ballot proposal will increase inflation even more.

City Seeks to De-Tabor but Over Collects Property Tax

Guest Post by Mary Janssen Here we are again! The city of Lakewood is sending out a $73k survey to test the waters if the public is ready to De Tabor again and give up your over paid tax refunds so the city can spend it on their pet projects that they deem important. After asking how things are going… snow plowing, police response, pot holes, the money spent on new parks (a new majority in Ward 5). They ask you if you would reject them taking more of your money. One of the questions made me laugh. The one about the Mill levy. If you didn’t know I made a motion last October to decrease the mill levy from 4.7% to 3.85%. This would have decreased the revenue collected by the city to within the charter rule (12.12) which says clearly that property tax revenue must be below 7% growth from previous year. At a budget meeting I attended The city financial officer Holly Bjorklund was projecting a valuation number that she guessed was going to be the new property valuations. We do property taxes in arrears. After doing some research on what the city was collecting on previous years since the last De Tabor we found the city was over collecting property taxes one year alone was 18%. Based on this information I thought the citizens deserved a real decrease so that’s how my team and I came up with 3.85. It would have decreased the revenue to around 5%. The city would still be collecting a fair amount and provide the citizens the relief so desperately needed since the other districts i.e. school, Fire, etc. did not decrease their mills. My team did some calculations and found that based on Holly’s projected valuation number the city would be increasing property tax revenue by 12%. After getting the real certified valuation number from the Jefferson County Assessors in August the city would have made a whopping 24.5% increase in revenue. That new certified number was never brought up, so I made some papers to inform the rest of council, the mayor and the city manager and the budget committee about the new certified valuation numbers and why we must decrease the mill levy to provide relief to our Lakewood citizens. The only other councilor that contacted me about this was Rich Olver and he decided that based on the research and the facts he would co-sponsor my motion. I had to announce my motion by council request and was denied the first time so I had to wait till the end of October at the budget approval council meeting, when I was allowed to bring my motion forward, as reported in Lakewood news. I had already provided the other councilors the mayor, the budget committee city manager and staff my findings and why we need to decrease the mill. I put my motion forward and councilor Olver seconded my motion, when out of the blue councilor Barb Franks made an amendment to my original motion to raise my mill levy number of 3.85 to 4.28% in an appearance to make it look like the revenue was neutral. I have an email from Holly Bjorklund the chief financial officer admitting that the city will be indeed increasing the revenue by 12.5% , not neutral. During discussion about the amendment I cited the charter 12.12 and was told by the city attorney that we were talking about the mill levy reduction not the charter rule about the revenue cap. I was told that in order for the city to go back and look at the interpretation of 12.12 the city would have to be sued. The 4.28% mill levy amendment was voted on 10-1. I declined to vote for the amendment because #1 it was based on an estimated valuation number not the certified valuation number and #2 I knew that the increased revenue would be above the charter cap. So based on facts do you think its safe to let the city take your TABOR Refunds? Mary Janssen Previous Lakewood City Councilor Ward 5

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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