Castle Pines Politics

New Year Welcome

2011-01-09T21:41:00.001-07:00

I’d like to thank the people of Castle Pines for the opportunity to serve as your Mayor over the past year. As a candidate in 2009, I told you that: “I will promote open communication to residents, encourage business and residential development, and ensure adequate water supplies for our growing community.” As we embark on a new year in 2011, I want to share a few thoughts and observations about what we have and have not accomplished over the past year.

First of all, I am optimistic about our prospects for the coming year. I believe that there will be a huge inflection point as citizens realize that we can create a community-focused strategy that will increase property values, promote business development and enhance our quality of life. It is up to all of us to make this happen.

We are investing in our infrastructure of roads and streets. However, the needed investment in infrastructure and amenities to keep our community attractive to upscale homeowners and businesses will require additional investment. Council should determine just what these long term obligations are and how best to fund them.

The integration of City and Metro District services continues to be of critical importance. Now that this process has been initiated, it is one of my primary goals to see that this process unfolds in a way that benefits the taxpayers. Nevertheless, community leaders need to stay focused on what is best for the citizens of Castle Pines and create a climate of teamwork between the city, our metro districts and the business community.

In the area of community outreach, we’ve established several citizen advisory committees that have tapped the local talent and expertise of our citizens and provided an opportunity for individuals to get re-engaged in our community. However, these committees lack the requisite broad-based citizen participation to be effective, so please consider getting involved.

With all we’ve accomplished, we face the reality of lower than normal levels of economic activity as many businesses and families work to recover lost capital from the financial conditions of the recession. I want to work to restore economic growth and create conditions that are favorable to business. As an example, I have proposed a reduction in business licensing fees and a rebate of building permit fees for certain retail establishments which council will take under consideration in January.

So, thank you for all of your hard work and for upholding the values that continue to distinguish Castle Pines. If you have ideas or suggestions that could make our community a better place to live, I welcome your comments. Please write to me at jeffrey.huff@cpngov.com or call 303-705-0215. My best wishes to you for a happy and prosperous new year.

Now or Never

2010-05-27T00:56:00.003-06:00

The following was origanally posted on the blog, City of Castle Pines North - Treasurer

Now or Never - 5/25 Meeting Recap

The work session began at 6 p.m. with an overview of a badly needed communications plan for the City. That being said, it will not be easy to communicate the City out of the bad feeling that was generated later in the evening. Perhaps if there had been communication with the community prior to actions taken there would not have been such anger displayed. Now, it is what it is.

Next up was a review of the Metro District's water plan by recently retired District Manager Jim McGrady. Jim has been hired by the City to write a report on the now fading notion of integration between the City and the District. One audience member asked if it was true that potable water would be stored in Rueter Hess Reservoir. McGrady replied that every drop of water stored in Rueter Hess will be treated or pre-treated before being stored in the reservoir. He explained water the District owns that will come from the interconnect pipeline from Highlands Ranch is high quality water that goes through conventional treatment. Water the District owns that will come from agriculture north of Barr Lake is low quality water that must be at least pre-treated, and may have to pass through more rigorous and more expensive reverse osmosis treatment. McGrady said efforts will be made to use as much of the high quality potable water as possible for use by the community before storing it in Reuter Hess. McGrady also mentioned water from the Wise Partnership between Denver Water, Aurora, and S. Metro Water Supply Authority may also come into play, once those discussions are completed and agreements can be inked. (I'd like to add that Rueter Hess is the first reservoir on the Front Range to pass muster with the National Environmental Policy Act of 1969. Due to its considerable size, it took twenty-three years to permit this facility. The regulations for use of the facility are exacting, and there will be further discussion as the facility comes on line in 2012.)

The actual council meeting began at 7, and consisted of a long review of components of the Urban Renewal Authority (URA) juggernaut, with a very long and detailed response by the URA consultant to letters from Douglas County government and Dan Danser, attornery for the Happy Canyon HOA. This included fantasies about what the economy may bring to the area twenty-five and forty-fve years from now. The discussion did make the case that the effort does comply with current state law (which will be changed on Tuesday, at which time this practice is illegal). The City attorney said Courts will not review this legislative decision of the Council unless there is bad faith or fraud. The consultant pointed out there are 79 parcels that may be impacted by the action, and opined that at least four of eleven items of blight are in evidence somewhere within the boundaries of the proposal.

Public comment was not just negative. It was angry.

a) The URA was not adequately explained to the people of the community. This was mentioned by many speakers. I believe that is gospel truth, no doubt about it.

b) Speakers said there was not adequate notice of the meeting. It is true the council schedules meetings I know nothing about, and I've known when they were meeting, but not where. However, I think it has been easy to understand Council was going to pass this URA measure on May 25th for a at least a month.

c) Citizens said there was a rush to judgement to pass the measure before a law just passed by the legislature outlawed the practice. Oh sure, I believe that is withoug doubt also true.

d) About the URA, a real estate broker said said, "We don't want box stores. We want something nice." (Sadly, box stores are likely the only thing that will make sense for the large commercial area west of I-25 at Castle Pines Parkway.)

e) The fire departments in the area sent their attorney to ask for a written agreement to lessen the impact of the URA on their revenues and operations. These agreements will be addressed at the next council meeting.

f) A resident spoke to how zoning efforts are inconsistent and the URA blights areas due to the desire for private development.

g) The County government sent its representative to state its opposition to the greenfield development contemplated by the URA, stating there were inadequate and inaccurate estimates of impacts to the County and other stakeholders.

h) The President of the Happy Canyon HOA read a letter from their attorney. It sounded to me like they are setting a foundation for possible litigation.

i) Another resident opined that Wal*Mart is not a community benefit. She said, "We don't want to be Highlands Ranch."

j) It a fit of honestly, one resident said simply, "I don't feel I know enough to talk about the plan." He went on to point out that a twenty-five year plan will impact a lot of citizens, and so the process of consideration should be more deliberative. He said, "Let's not start a Civil War".

k) The Library district opined that the URA will deprive the library district of needed resources to operate a library in Castle Pines North.

l) Resident Scott Landley was the most steamed about the entire matter. He pointed out that neither the URA consultant nor the City's attorney know the answers to questions being raised. He pointed out that nowhere in the literature does it say how this move will help homeowners. (Later in the evening, Mayor Huff, who courageously and quite rightly voted no on the matter, gave the only cogent explanation of how the URA could in fact help homeowners. Of course that help is years and years and years away. Our grandkids will know if this is a good move.)

m) One citizen asked if the taxes that were going to be called fees would be like the taxes that are called fees at Park Meadows Mall.

n) Another citizen opined the rush to judgement was about including the ag lands. She pointed out the first meeting on this matter was held after a bill was introduced in the legislature to outlaw the practice. She pointed out notice was posted to approve the matter five days before the Urban Renewal Authority was even created.

o) A resident read a letter into the record from the former City Councilmembers in support of the matter. It said that even if you don't trust elected officials, they should still govern.

p) A Metro District board member opined that development will occur without special considerations. He said the discussion did not speak to the importance of open space and parks. He said the area was rural in nature, and asked that they please not put high rise buildings on the land. He asked why weren't impacts to the Metro District listed in the analysis of the URA. (Mayor Huff later mentioned that the Metro District attorney was included in discussions, and felt impacts to the District were minimal.) He said, "We don't want high growth/high density development".

q) The Metro District President asked Council to vote no on this measure. He pointed out that if you vote yes without the trust of citizens, you'll live to regret it.

r) A resident read language from Resolution 1046 Part 4, section (B) indicating that with a yes vote the Council was declaring Castle Pines North to have a shortage of safe and adequate housing now existing in the City, and worse. (This finding is of course less than laughable. One Councilmember opined not to take the word "blight" too seriously. It's just a word they have to use.)

s) The former President of the Master Association pointed out the deadlines imposed by the legislature were only about the ag areas, as the rest of CPN could develop a URA at any time, even in the wake of the state law that goes into effect next Tuesday. She said the only property with "defective title" is The Canyons. She said there have not been adequate stakeholder meetings with citizens.

t) The attorney for The Canyons then said they were for it. HOA negotiations will continue, regardless of the URA vote.

(This last comment by the attorney is important. If the contract between The Canyons and the Happy Canyon and Pinery HOAs can be renegotiated to accommodate the commerical zoning for The Canyons recently approved by the City of Castle Pines North, the annexation agreement includes a provision whereby the city receives an additional payment from The Canyons of around $750,000. The matter regarding renegotiation of the contract is now in arbitration, but talks are reported to not be making much progress. I see this as an opportunity for the HOA to negotiate renewable water and wastewater from The Canyons, while the HOA does not want urban sprawl. Regardless of what I believe, it's none of my business. Those two parties should be allowed to work out their relationship amongst themeselves. With last night's approval of the URA, there is the perception that the City could condemn the property covered by the URA, thereby setting aside the contract that was negotiated by The Canyons and the HOAs. In that event the zoning would happen and the City would get the money from the developer. This was not greatly discussed as part of the URA conversation, as best I know. In 2004, state representative Mike May got a bill passed that greatly reduces the power of eminent domain (condemnation) by URAs. That's all I know. I guess we'll find out the rest soon enough.)

The Council then voted 5 to 1 to declare the City of Castle Pines north blighted and approve the URA. In casting the dissenting vote, Mayor Jeff Huff pointed out that while there were some merits to the notion, the State legislature was quite clear on intent in this matter. He also expressed reservation about applying the URA to the ag lands. He knew why he was voting no. I'll offer the following specualtion on the yes votes, based upon what I saw. It appeared to me that one of the yes votes knew why they were voting yes. They could be right. I don't understand the matter, and I don't know what the future is. Maybe they are exactly correct. I don't know. It appeared to me one vote thought they understood the matter, but their questions revealed they did not truly get it. One vote was almost a no, because this matter just dusted up since they came to sit on council, and it was likely too much to absorb in too short a time - for anyone. It was like they wanted to abstain. But when you sit on Council you have two choices - Yes or No. They went with Yes. It appeared to me there were two yes votes because of ideology as opposed to specific knowledge of the issue. The matter should have been deferred until there was more discussion and more understanding. Because the state law goes into effect on Tuesday, last night was now or never.

The agreements with the fire departments and others came up next on the agenda, but due to the lateness of the hour that matter was deferred to the next meeting.

They were getting ready to consider the contract to hire the HOA management firm to do our financial accounting when 10:30 struck. I had to depart to pick up my daughter from a last day of high school party. It was a fascinating four and one-half hour lesson in micro government.

CPN Outlook: A Message From the Mayor

2010-01-24T20:41:00.006-07:00

As we enter the second decade of the 21st century, Castle Pines North has many challenges and opportunities ahead.

This year, citizens will see the initial results of the cost-saving efforts of various community organizations. Homeowner association fees have declined along with property taxes. City Council and the CPN Metro District are diligently working to create efficiencies in operations.

However, we need to take a long-term view on the costs of operating the City. We need well-planned water initiatives that will insure the viability of our community for decades to come. We will be working to create a capital investment plan to improve our roads and streets. And we will continue efforts to reduce water consumption and improve the landscaping in our common areas and public right-of-ways.

As the economy recovers in 2010, Castle Pines should be on the leading edge of the economic recovery. Recent annexations will bring additional residents and new businesses to our community. As Mayor, it is my intent to make our city a business friendly location. City Council will soon address a proposal to reduce business licensing fees. It is also our desire to maintain close ties with our Chamber of Commerce and our Economic Development Committee.

We live and work in an area that provides easy access to big city amenities while living in a small town atmosphere. Our city should create an environment in which personal and business investment can flourish. I look forward to serving as your Mayor for the next four years and together we can make Castle Pines North a great place to live.

Update on City's Delinquent Audit

2009-10-24T10:54:00.007-06:00

I have obtained through an open records request, a letter from the Office of the State Auditor, to Douglas County Treasurer, Sharon Jones, authorizing her to "hold all funds generated pursuant to the taxing authority" of Castle Pines North. City sources say that with the completion on of the audit field work performed by the CH2M HILL city finance staff, the city's auditor will be able to complete a final audit report by the end of October.

CPN Mayor Dodges Questions About Audit

2009-10-20T21:46:00.003-06:00

The city is in default on its 2008 audit with the state auditor. The city missed the deadline for filing on July 31. The city missed the extended deadline on September 30th. The state auditor may now order the state treasurer to withhold tax revenues to the city. A question concerning the status of the audit was brought up by a resident at the October 8th city council meeting. The resident received no response from anyone on council or the mayor.

When asked by the Castle Pines Connection today why the 2008 financial audit has not been filed, the mayor responded, "I regret that there has been misinformation and more confusing information on this matter disseminated, and hope we can answer all your questions in the article we are in the midst of preparing." Madam Mayor, there is no misinformation nor confusing information being disseminated. There is only the fact that the 2008 audit is 3 months overdue and your office continues to stonewall citizens who seek important financial information about the state of our city.

Huff Supports School Choice

2009-10-07T22:39:00.014-06:00

Recently, my opposition has misrepresented my position on charter schools. To set the record straight, I refer readers to my August 2008 post defending the American Academy charter school prior to the zoning hearing before city council.

At the time, I stated, "For me, the (Douglas County School) District's attempt to link the approval of the Lagae rezoning and the American Academy School to overcrowding in the District's existing facilities is unpersuasive...Successful passage of this bond issue will help alleviate overcrowding in the public schools, not lobbying our representatives to deny private development."

I support school choice because parents are uniquely qualified to determine the best educational alternative for their children. My own children attend 3rd and 5th grade at Timber Trail Elementary and 8th grade at Cherry Hills Christian.

Read the entire post here: http://tinyurl.com/y9wytua

Huff Negotiates Tax Reduction for CPN Residents

2009-09-21T23:50:00.003-06:00

Castle Pines North candidate for Mayor, Jeff Huff, secured a commitment from the board of directors of the Castle Pines North Metro District to implement a property tax reduction for 2010. Huff presented his argument for lower taxes at the board meeting September 21. “The board agreed to reduce the property tax for debt service by 8.3%,” announced Huff after the meeting. “This is the right thing to do for taxpayers who are struggling under a heavy tax load combined with a weak economy, depressed housing prices and high unemployment.”

The property tax decrease to 22 mills from 24 mills will save taxpayers in CPN $313,526.00 in 2010. “The tax reduction will decrease revenues to the District but the board should be able to make up for those lost revenues due to lower interest rate expenditures in 2010,” Huff explained.

“This is only the first step I will take in lowering costs for residents. I will ask the board of the Master Association for a significant reduction in dues at the budget meeting next month. If elected, I will also review city expenditures and make prudent cuts where necessary. We need to make sure taxpayers are getting their money’s worth.”

Mayor Shul Proposes Eleven New Metro Districts

2009-09-19T23:24:00.009-06:00

In a few weeks city council will hear public comment and vote on the annexation of The Canyons development. The annexation documents provide for the creation of eleven new metro districts with property tax debt ceilings set nearly three times higher than CPN's existing 24 mills.

Shul has often argued for "integration" of services in Castle Pines North. Claiming that integration will lead to substantial cost savings for CPN residents, city officials have sought the dissolution of the CPN Metro District and a corresponding transfer of budgets, money and operational oversight to the city's corporate service provider, CH2M Hill.

It seems ironic to me that the mayor and city council can advocate with a straight face the elimination of one district while passing legislation to create eleven more.

As Mayor, I would work to see that residents of CPN are provided accurate information on which to assess the viability of future projects.

Vote Jeff Huff for Mayor. Ballots will be mailed October 13. www.HuffForMayor.com.

Jeff Huff Announces Candidacy for Mayor

2009-09-07T23:31:00.010-06:00

I recently filed paperwork to run for Mayor of Castle Pines North. I wanted explain my reasons for seeking election and ask for your support in this important endeavor for our community. First of all, I would like to thank the many individuals that have encouraged me to run and offered their assistance and advice.

I firmly believe that the government works FOR the people, that government should be limited and unobtrusive, that government should ask permission before it raises taxes and elected officials should be held accountable to the people who elected them.

A fiscally responsible government would run the city within its means. Until recently, the city spent $160,000 per month on a single city services contract, an amount well in excess of actual revenues. In 2007-08, I served as vice chairman of the CPN Election Commission which oversaw the drafting of CPN’s first ballot questions. When city council members changed the language of the ballot initiatives, I fought to keep taxes low and opposed last year’s ballot initiatives that would have raised property taxes to some residents by 17%.

Our community has tremendous opportunities for growth. It is important to manage that growth in a responsible manner. We should coordinate our efforts with those of our neighbors to bring about a sustainable solution to our water needs and promote development that preserves the nature and character of our Colorado lifestyle.

The Canyons development to the east provides room for expansion and additional opportunities for recreational facilities, a city center and additional commercial development. To this end we need to work together to achieve the dual objectives of a strong and viable city government and a well-managed and financially stable water district.

As Mayor, I would end the infighting among special interests, promote open communication to residents, encourage business and residential development, and ensure adequate water supplies for our growing community.

Since moving to Castle Pines North in June of 2000, I have led many community initiatives. I was instrumental in negotiating the settlement of a legal dispute between CPN Master Association and a member HOA. I serve as a director on the Castle Pines North Master Association, as president of the Hidden Pointe Metro District and as chairman of Colorado House District 45 for the Republican Party.

I am a graduate of the Moritz College of Law at The Ohio State University. My wife Crista and I have been married for 16 years. We have three daughters that attend Cherry Hills Christian and Timber Trail Elementary. I am a strong supporter of initiatives which promote charter schools and protect the rights of parents who choose to home school. I am a Vice President and Estate Planning Consultant with Morgan Stanley Smith Barney where I’ve been employed since 1988.

Power Politics in Castle Pines North

2009-07-29T23:52:00.013-06:00

After the demotion of the CPN City Treasurer, which was extensively reported on in the last edition of the Castle Pines Connection, recent inquiries have revealed that the City owes over $1,500,000 to various entities, most of it in contractual obligations to consulting firms and lawyers.

In an effort to obtain desperately needed funds, the City recently requested jurisdiction over the local water provider, the CPN Metro District. The District is funded by your tax dollars. The City’s plan would divert tax revenues needed for water to other municipal uses and transfer management of our local parks to a multinational corporation.

A July 14 letter from the mayor to the District requested the “incremental integration of services and functions of the District within the City.” Much like a python eats a pig, the City plans to swallow the District whole and digest it bit by bit.

In evaluating the City’s ability to wisely manage the operations and revenues of the District, consider the following:

Until June, the City was paying $160,629 per month for city management services from CH2M Hill. This amount was recently reduced to $79,124 per month. Taxpayers can applaud the cost reductions, but city expenditures were irrationally high from the outset and spending continues to exceed revenue.

As reported in June issue of The Castle Pines Connection, City Council "stripped the city treasurer of virtually all power" and appointed a deputy treasurer citing “a lack of confidence in financial disclosure and transparency.”

Four former members of the CPN Master Association, now city officials, authorized a loan of $200,000 from the public funds of the Master Homeowners Association. Those same individuals now resist paying the balance of the money back despite earlier public promises to do so.

The City has enacted 12 ordinances which require the payment of a fee or tax. This occurred after campaign promises of “no new property taxes for any CPN resident.”

I have confidence that the CPN Metro District can responsibly manage water resources, provide renewable water for the future, and manage our parks and open space. Until the City lives up to its promise of transparency in government and demonstrates some measure of fiscal responsibility, I cannot advocate the transfer of millions of dollars of tax revenues from the District to the City.

School Transparency Bill Succumbs to Lobbyists

2009-03-28T12:48:00.004-06:00

Last week, the House Education Committee killed the Public School Financial Transparency Act. The Act, sponsored by Highlands Ranch Republican Senator Ted Harvey, would have required all public school districts to post their spending and revenues online. The bill had passed the Senate Education Committee 26-8 in February with strong bipartisan support.

According to transparency activist, Natalie Menten, acquiring public spending records can be tedious and expensive. “Many people do not know how to request public records. Public information requests made under the Colorado Open Records Act (CORA) can be expensive, even if the documents are requested in economical formats like copied to a CD. For example, an excel spreadsheet of Jefferson County Schools' purchasing card spending cost $75. Other schools have quoted prices up to $2300 for the same records.”

The influence of the Colorado Education Association was apparent in the outcome of the vote. Legislators in the House who voted no on SB 57 are the same eight legislators that received over $41,000 in campaign contributions from the state education lobby during the 2008 election cycle. Casting no votes were Democrat Representatives Debbie Benefield, Mike Merrifield, Karen Middleton, Cherilyn Peniston, Christine Scanlon, Judy Solano, Sue Schafer and Nancy Todd.

Republican legislators on the Committee who showed respect for taxpayers and voted yes on school transparency were Douglas County Representative Carole Murray, and Representatives Ken Summers, Randy Baumgardner, Tom Massey and Kevin Priola. Interestingly enough, these legislators received no campaign contributions from the education lobby during the last election cycle.

Readers wanting more information on spending transparency and accountability can visit the Colorado Spending Transparency website at:

http://transparency.i2i.org/2009/03/no-sunshine-for-colorado-school-districts/

More information on a variety of state and local issues can be found on Natalie Menten’s site at: http://www.nataliementen.com/

Rocky Road: Why Conservatives Should Care When A Newspaper Fails

2009-03-04T21:06:00.004-07:00

Rick Henderson writes an excellent article on the demise of the Rocky Mountain News. He concludes, "Until somebody figures out a new way to make money by providing information — a way to truly replace newspapers — the government will have a sizable advantage over the people it’s supposed to serve." Click to read the full article in the National Review Online.

Water Authority to Sponsor Conservation Seminar

2009-01-07T19:01:00.004-07:00

Mark Shively, President of the Douglas County Water Resource Authority announced that the Authority is sponsoring three regional seminars on how HOAs can conserve water and save money. The DCWRA hosted one such meeting last year with great success. The dates for the three programs this year are March 7, 11, and 19.

The seminars will focus on the best landscape management practices, state of the art ET controllers, and Xeriscape techniques. There will also be an in-depth discussion of the most economic practices for common area irrigation. Three regional water conservation experts from Highlands Ranch, Parker, and Castle Rock will lead the discussions.

This program is tailored to HOA board members, their management firms, and landscape contractors. The goal is to facilitate an understanding of effective HOA common area management between the managers, board members and contractors who often disagree on which practices are best.

For more information contact Mark Shively at markshively@mho.com and be sure to view a short video of the 2008 workshop on the DCWRA website here: http://www.dcwater.org/#topVideo

CPN Debate Heats Up

2008-10-23T11:02:00.003-06:00

My previous post, "When is a Tax Increase Not a Tax Increase?...Only in Castle Pines North" has generated a number of comments. One particularly pertinent exchange is reprinted here.

Anonymous said...
Too bad your interpretation does not agree with the Colorado Supreme Court, which is clear that Questions 2D and 2E are NOT tax increases. Doug Bruce tried to convince the Court of your interpretation and was told by that he was legally off base and wrong. After that he went on to kick reporters!

Jeffrey Huff said...
The Colorado Supreme Court has never rendered an opinion on 2D or 2E. The 2006 case you refer to, "Bruce v. Colorado Springs," dealt with a different set of facts. The court attempted to resolve whether a “tax extension” is a “tax increase” in the context of TABOR.

In that case the court found that the issue did not "substantively change the existing sales and use tax OR ITS PROPOSED USE OF THE REVENUE." While the extension lengthened the time period of the tax, it directed the tax revenue to the SAME EXPENDITURES approved by the voters in the original ballot proposal.

The dissenting opinion of Justice Coats noted, "I believe the plain and ordinary meaning of the term “tax increase,” in context, must include the “extension of an expiring tax,” and that the clear intent of TABOR is not only to require voter approval for such an extension but also to PROVIDE THE VOTERS SUFFICIENT INFORMATION TO MAKE A RATIONAL CHOICE."

The tax measure proposed here in CPN anticipates a new tax levied by the City with a corresponding offset from an expiring tax from the Metro District. The ballot question in Colorado Springs clearly noted that the issue involved a "tax extension" while the CPN ballot language does not. I believe the Colorado Supreme Court could reach an entirtely different conclusion under these circumstances.

Anonymous said...
The logic you use to say this is a tax increase bases itself on whether there is a continuation of a tax. Sure seems like an extension to me. BTW dissenting opinions are not law. The majority of the court said that questions like 2D ad 2E are NOT tax increases. That is the law of the land. Is that not binding on this group?

Jeffrey Huff said...
Yes, dissenting opinions are not law. But they are the basis for measuring the commitment of a court's opinion to a particular view. The dissenting opinion may rise to majority status with the election of new judges or the application of the same principles to a new set of facts.

The majority of the Court in the Colorado Springs case ruled on the facts of that case alone. Certainly, you can argue that the same rational should be applied here in CPN. However, 2D and 2E present an entirely different set of facts and courts may interpret the constitutional requirements differently.

Finally, the law of the land applies to all who live under its jurisdiction. I write for myself and my readers, not a group. My opinions are mine alone, not those of any organization, PAC, or government entity. Ronald Reagan said, "Don't be afraid to see what you see." Citizens of CPN should heed his advice.

When is a Tax Increase Not a Tax Increase?...Only in Castle Pines North

2008-10-11T22:46:00.007-06:00

The posting by Lisa Crockett on the CPN website and reprinted in Castle Pines Connection, "City Asks Voters to Consider Re-worded Ballot Questions," emphatically states seven times that the CPN ballot issues will result in "no increase in property taxes!"

The article attempts to portray the new tax measures as simply technical corrections. Voters should be aware that ballot questions 2D and 2E potentially extend current taxes beyond their current expiration. As such, residents will spend more tax dollars in the future to fund city services. That, my friends is a new and additional tax and the first line of the Ballot Question tells you so.

A copy of the article follows. I have added my comments and corrections in red.

City Asks Voters to Reconsider Re-worded Ballot Question
by Lisa Crockett

When residents of Castle Pines North (CPN) voted last November to incorporate, they also overwhelmingly (68% for, 32% against) passed three tax questions – one sales tax and two property taxes. Each of the property tax questions on the ballot last year simply transferred existing taxes to the new city. As a result, CPN became a city and there was no increase in property tax. The 2007 ballot questions did not simply transfer existing taxes. Ballot Question 2E was devised to allow the City to implement a new permanent property tax if the CPN Metro District would lower their mill levy under the notion that the CPN Metro District had excess revenues in their operating budget.

Now, the City of CPN is asking voters to approve a change to correct some technical issues in the original ballot question from November 2007. According to the city, the re-wording of Question 2E from last year will not increase taxes to CPN homeowners. City officials say it involves two technical corrections to the previous tax question related to the transfer of up to 19 mills from the CPN Metro District to the city. The first “technical issue” arose when City officials discovered no revenue could be transferred from the District’s operating mill levy without impairing the bonding capacity of the District. The other “technical issue” was that the Election Commission mandated that any integration of the mill levies leave the community’s renewable water efforts intact. The Commission decided to limit use of the transferred money to water and sanitation services.

“As the new city has come to life, elected city officials have worked to implement the tax questions under the Colorado taxation system,” said CPN Treasurer Doug Gilbert. “Through the implementation process, several issues with the wording of Question 2E – which appeared on the last election’s ballot – as passed by the voters have come to light. As originally approved, Question 2E allows transfer of up to 19 mills from the CPN Metro District operating fund to the city to be used only for water and sanitation.” The limitation on water and sanitation was a safeguard implemented by the Election Commission to prevent the City from redirecting tax revenues intended for renewable water to general city services.

The original text of Question 2E was drafted by the CPN Election Commission in 2007 with the help of attorneys for the incorporation effort.

During the past few months, representatives of the city and the two Metro Districts (CPN Metro District and the Hidden Pointe Metro District) have been in discussions regarding the mechanics of sharing all or part of the 19 mills that was part of the original ballot Question 2E from 2007. According to Gilbert, sharing of funds between the city and the Metro District would allow for lower cost of government through integrated public services with no increase in property taxes. The City’s proposed budget for 2009 includes $2,479,000 of new taxes and $465,000 in fees, most of which go to pay for consultants and attorneys. The City plans to fund these new expenditures with the existing sales tax and a new 9.5 mill property tax that permanently extends our property tax rate in the future.

“Through the better understanding provided by the collaboration of the city and the Metro Districts, it has become apparent that the original Question 2E from last year was too narrowly written,” said Gilbert. It may be too narrow for the City Treasurer, but for citizens concerned about runaway taxation and future water supplies, Question 2E held future city officials accountable.

The CPN Metro District does not want to transfer mills that would reduce its operating fund to the city, but suggested the possibility of transferring some of the 24 mills from its debt repayment program without impacting its ability to meet all of its current debt obligations. According to Gilbert, the CPN Metro District has asked for more flexibility in how the transfer mechanism was structured. Gilbert says all of the safeguards of the original ballot question Question 2E remain. “It is simply a discussion of how best to structure revenue-sharing,” Gilbert said. However, the Metro District has serious concerns about this approach. See the September 22 letter from Metro District attorney John Hayes to City Attorney Smith. The letter is posted at http://www.cpnhomeowners.blogspot.com/ Without the City’s revenue-sharing initiative, residents could expect a lower tax rate to come into effect when the first of the District’s bonds are paid off in 2013.

“This is a critical issue to our community, and the District Board is looking at it carefully before taking any position,” said CPN Metro District Board President Bill Santos. “Ever since the CPN bankruptcy, [which occurred in the early 1980s], the Metro District has worked diligently to develop strong financials and reduce long-term debt. We have to balance the importance of helping to fund city operations with the importance of creating a renewable water solution. Working with the city to fund operations only makes sense, in my mind, if it can be done in a way that does not impact our ability to finance our water solution, which is a fundamental responsibility of the Metro District.”

According to Gilbert, the Metro District and other city interests should work together, not against each other.

“The future of CPN is not only an issue of renewable water.” said Gilbert. “Instead, the city must achieve a viable economy through the tools of a new city and renewable water. If renewable water were enough, Sheridan, Colorado, would be a prime example of a robust economy. Despite having renewable water, a place like Sheridan suffers a blighted economy because of lack of economic development. We must achieve both goals through integration of the city and Metro District services and finances.”

In order to correct the original language of last year’s ballot question 2E, the City Council has referred two tax questions for the November 2008 ballot. The first question, 2D, is a correction to last year’s ballot question and would allow the city to take over a mill levy equal to any reduction in mill levy by the CPN Metro District to be used for general purposes. It is not an increase in property taxes. The new ballot questions are not “corrections.” They are newly proposed laws that expand the powers and funding sources of the City far beyond what was passed in 2007.

The second question on the November 2008 ballot, 2E, would allow the city to collect, retain and spend those property taxes (mill levy) that would be relinquished by the Metro District, and various other taxes such as park fees, water tap fees, facility fees, service charges, inspection charges, administrative charges and grants, etc. This question also is not an increase in property taxes. Evidently, it is not a tax if you call it a fee or a charge. Ballot proponents like the CPN Master Association, city officials and writer Lisa Crockett must feel that if you say “it is not an increase in property taxes” enough times, some people will begin to believe it.

According to city officials, the language of the questions was developed with the input and agreement of the city and the CPN Metro District, as well as bond financing attorneys. “The language changes are seen as very important to allow integrated public services and to ensure that renewable water funds are available,” said Mayor Maureen Shul.

City officials say these ballot questions will NOT increase property taxes (mill levys.) The maximum mill levy remains the same, as does the requirement that the CPN Metro District first reduce its mill assessment before the City can assess the equivalent or lesser amount of mills. The amount of the mill levy does not change, but the time over which it is implemented is extended indefinitely. If residents vote to extend a tax that would otherwise expire, they will spend more dollars on taxes. That is a tax increase!

“The wording of the new questions clearly indicates that there is absolutely no increase in the tax rate,” said Shul. The mayor chooses to focus on the tax rate. She knows quite well that if voters understand that there an increase in tax duration, they may choose to vote against 2D and 2E.

CPN Discusses Ballot Questions

2008-10-08T00:36:00.005-06:00

On Sunday, the "CPN Homeowners for a Solid Foundation" hosted a citizen meeting for citizens to hear a presentation on upcoming community ballot questions. The presentation covered the Castle Pines North renewable water challenges, how the ballot questions will impact the ability of the community to fund sustainable water supplies, and other tax implications of the CPN ballot issues.

For complete coverage of the story, click here.

Castle Pines North to Host Candidate Forum

2008-10-04T16:21:00.000-06:00

The City of Castle Pines North will host a Candidate Forum on Tuesday, October 7, at 7 p.m. at the CPN Community Center, 7404 Yorkshire Drive. Participating in the forum are U.S. Congressional candidate Mike Coffman, State Senate candidate Mark Sheffel, Colorado House candidate Carole Murray and County Commissioner candidates Steve Boand and Jill Repella.

Castle Pines North: A New Website and a New Blog

2008-09-30T22:28:00.000-06:00

The City of Castle Pines North announced it's new website to residents via email today. The site promoted a series of "planned financial forums" that will feature a review of the City’s 2008 budget, a presentation of the 2009 budget and an opportunity for citizens to ask questions.

Alternatively, a local citizen organization, CPN Homeowners for a Solid Foundation, launched it's blog yesterday. Citing proposed higher taxes and a reallocation of funds away from water projects, the blog urges taxpayers to "vote no" on City sponsored ballot initiatives.

Links to each site can be found below.

http://www.cpngov.com

http://cpnhomeowners.blogspot.com/

Summary of Colorado Ballot Issues

2008-09-28T21:15:00.000-06:00

The link below presents a summary of ballot issues and the position of the Colorado Republican Business Coalition. The CRBC is the single statewide business advocacy organization that represents small business interests to State legislators based on the Republican principles of less government, lower taxes, individual freedom and personal responsibility.

http://www.smallbusinessrepublicans.com/issues/2008Ballot.htm

The full text of the ballot language for each amendment and referendum can be found on the Secretary of State's web site at http://www.elections.colorado.gov/DDefault.aspx?tid=1035

Burning Down the House - What Caused Our Economic Crisis

2008-09-27T23:26:00.000-06:00

Castle Pines Delegates Darlings of the RNC

2008-09-02T11:41:00.001-06:00

Hurricane Gustav may have dampened the opening day celebrations at the Republican National Convention in St. Paul, Minnesota, but that didn't keep three local ladies from attracting hordes of media attention. From the moment they entered the Xcel Center, Keri Brehm, Crista Huff and Charcie Russell were the center of attention. The three wore white T-shirts which proclaimed in large red letters, "Moms Trust McCain," one word on each shirt. On the backs of each were pinned a paper sign proclaiming, We Love Sarah," in reference to the recently announced VP candidate, Governor Sarah Palin.

At first, a few delegates from other states took some photos and the questions revolved around where they were from, how they knew each other, and whether they planned to wear the shirts every night of the four-day convention. But soon the professional cameramen and journalists began to notice. The trio were interviewed by the Minnesota Times Star, Shockwave Radio, Channel Five News in Minneapolis and ABC news affiliate KTTC in Rochester, MN. A Toledo, Ohio newspaper, KIRO radio from Seattle and a correspondent from Taiwan followed. The questions our three delegates answered for the press ranged from reaction to the postponement of the convention, to their opinions on energy, terrorism and presidential candidates, McCain and Obama.

"It was fun at first," said Crista, but soon it got a little tedious. "They all ask the same questions. Now I know how celebrities feel." The delegates from Castle Pines stayed well after the final gavel fell on Monday, answering still more questions from eager journalists and posing for TV cameras and photographers. "It got so crazy, we had to start turning down interviews," said Keri. One interview they turned down was with Bill Maher, the host of "Politically Incorrect." "Can you believe it," said Crista, "we turned down Bill Maher." "He's always mean to the people he interviews," replied Keri, "Let's find Sean Hannity, he's nice."

Charcie Russell of Castle Pines came up with the idea for the shirts and soon convinced Crista and Keri to go along. Jeff Wasden, owner of Proformance Apparrel, printed the shirts on a rush order before the three left Colorado. The ladies bucked the official dress code for the day. The rest of the Colorado delegation wore dark blue polo shirts with a GOP convention logo on the shoulder.

The most interesting question they received? The correspondent from Taiwan asked if they had received permission from the party or if anyone from the government had asked them to tone down their message. "No," replied Keri, "This is America, we have freedom of speech."

American Academy and DC School District to Present Opposing Views

2008-08-26T22:38:00.002-06:00

Tonight, CPN City Council will hold a public hearing on the rezoning application for the proposed Lagae Development in Castle Pines North. A dispute has arisen between the Douglas County School District and the proponents of the American Academy charter school who hope to build on the site. The District and the Lagae developer, who is donating land to American Academy, disagree over how much money and land the developer will "dedicate" to the school district for the impact of the new homes he is proposing.

On August 22, Douglas County Schools Chief Operating Officer, Steven Herzog sent a letter to Mayor Maureen Shul of CPN objecting to the City's staff report recommending approval of the rezoning application for the Lagae development. The application provided in part for the developer to dedicate land for the construction of the American Academy charter school. The text of Herzog's letter can be read here:
http://www.americanacademyk8.org/aastaffhome/BOD/downloads/LettertoCPNMayor8-22-08.pdf

In addition, the School District distributed it's position through a memo to parents of Buffalo Ridge and Timber Trail elementary schools. The memo can be found here:
http://www.americanacademyk8.org/aastaffhome/BOD/downloads/LettertoCPNFamilies8-26-08.pdf

Representatives of the American Academy refute what they feel are inaccuracies in the District's communications to the public. They prepared a point by point response to the District's concerns which can be reviewed here:
http://www.americanacademyk8.org/aastaffhome/BOD/downloads/LettertoCPNFamilies8-26-08AAResponse.pdf

The District's stated concerns focus on the issue of overcrowding in the public schools. For me, the District's attempt to link the approval of the Lagae rezoning and the American Academy School to overcrowding in the District's existing facilities is unpersuasive. The DCSD Board has decided to place a $395 million bond and $17 million override measure on the November 4, 2008 ballot. The Board is asking Douglas County voters to approve a fixed 4 mil tax increase to provide much needed funding. Successful passage of this bond issue will help alleviate overcrowding in the public schools, not lobbying our representatives to deny private development.

For the reader who is interested in additional information, the City of Castle Pines North will be holding a hearing on the issue at 7:00 p.m. on Wednesday, August 27 at the Castle Pines North Community Center.

Castle Pines Area Sends Four Delegates to GOP Convention

2008-08-20T21:14:00.000-06:00

Five women from Castle Pines North, Castle Pines Village and Charter Oaks will soon be packing their bags for Minneapolis. Keri Brehm, Crista Huff, Charcie Russell and Kendall Unruh were all elected to be delegates to the Republican National Convention. Susan Malone was elected as an alternate. The five were elected from among 385 statewide candidates at Colorado State Assembly on May 31. Twenty-two delegates and 22 alternates will be represent Colorado at the Republican National Convention, September 1-4.

Crista is District Captain and Keri is Assistant District Captain in District 6. Kendall, Charcie and Susan are all elected precinct people in their respective neighborhoods.

A coalition of statewide representatives from the McCain, Romney, Gulianni and Huckabee campaigns endorsed the four delegates on the "Unity Slate" at the State Convention . In addition, they received the endorsement of the Republican National Coalition for Life. The women have all been active in national, state, and local politics for some time.

Note: I hope to update this blog from the convention in Minneapolis since I will be traveling as a guest of one of the delegates. Be sure to check back for updates or click the subscribe button at the bottom of the page.

City Opposes T-Mobile Cell Site

2008-08-20T19:45:00.000-06:00

A cell tower proposed for the corner of Monarch and Daniels Gate was recently denied by the City of Castle Pines North. "The site was designed to provide vastly improved coverage to the residents and Emergency 911 needs of T-Mobile subscribers in northern Castle Pines North," said Matt Butler, Senior Project Manager for T-Mobile.

The City Attorney, relying on a 20-year old document known as the Castle Pines North Development Guide, stated in a letter to City Planner, Sam Bishop that "a cell tower is not a permitted use in the Open Space under the Castle Pines North Development Guide." The City Attorney's letter went on to explain that "facilities of a public utility" are distinct from "utilities services and facilities."

Castle Pines North Metropolitan District Manager, Jim McGrady explained the proposal at the District's monthly meeting on Monday. The cell tower, disguised as a street light, was to have been installed in the right-of-way with underground cabling to a nearby well site. T-Mobile was prepared to substantially improve the well site by adding landscaping, a stone veneer wall and paving the entry to the site. Now it appears these improvements will have to wait, along with the improved phone service.

The City Attorney's narrow reading of the Development Guide may have cost the community an opportunity to improve it's notoriously poor cell phone coverage. Instead of relying on legal nuances in outdated documents, this community would be better served by public officials who found ways to get things accomplished.

Castle Pines North at Important Crossroads (Again)

2008-08-04T21:31:00.000-06:00

The City of Castle Pines North will face several key hurdles in the coming weeks. The newly incorporated city has been scrambling to fill a $2 million revenue shortfall. On July 21, City officials suddenly found that anticipated revenues would not be available to the City from the existing mill levy assessed by the Castle Pines North Metropolitan District. Those revenues had been previously pledged to lending institutions by the District in order to secure water storage in the Reuter-Hess Reservoir.

According to CPN Metro District manager, Jim McGrady, transferring the District's mill levy to the City would leave the District too constrained for bonding capacity.

Since then, the City has been discussing alternative financing plans with the District's financial manager and board members. Under consideration is a proposal to have the CPNMD reduce the mill levy currently used by the District to pay down debt. The City would then assess a similar tax to fund it's own operations. This approach would appease City officials who were elected on a "no new taxes" platform. However, it would postpone the defeasance of Metro District bonds. These bonds were scheduled to be retired beginning in 2013, resulting in a lower tax rate to the citizens of CPN. The tax would be picked up by the City and assessed "in perpetuity" to fund City operations. Under this plan, lower taxes for CPN seem a remote possibility.

On July 29, City officials and consultants from CH2M Hill met with members of the CPN Metro District and the Hidden Pointe Metro District, both of which operate within the boundaries of the City. Board members from both Metro Districts questioned representatives from CH2M Hill and the City Treasurer, Doug Gilbert on the accuracy of figures presented in the feasibility study used to promote the incorporation effort. Many board members were skeptical of the consultant's answers, and some viewed the City's efforts to capture Metro District revenues as detrimental to the pursuit of renewable water.

CPNMD board members may soon vote on whether or not to reduce the District's mill levy to allow the City to move forward with it's own tax assessment. In any event, voters can expect to see one or more ballot questions proposed by the City to secure tax revenues to fund City operations. City officials will be faced with the prospect of floating another tax measure with little funds in the coffer to promote it.

Americans for Prosperity Launches Colorado Chapter

2008-07-25T12:47:00.000-06:00

On June 24, the national free-market grassroots group Americans for Prosperity (AFP) launched its newest state chapter in Colorado. The organization stated that its first goal would be to educate and mobilize taxpayers in support of the removal of government-imposed barriers to energy development, an improvement that would help lower taxes for all citizens.

“From unnecessarily limiting the supply of energy, to proposed cap-and-trade carbon taxes and regulatory schemes, many state and federal government policies are threatening Coloradans’ quality of life,” said AFP President Tim Phillips. “Current and proposed energy policies amount to higher taxes, lost jobs and less freedom. The Colorado chapter of Americans for Prosperity is going to educate and mobilize taxpayers on this and other issues, and we’re going to make sure their voices are heard loud and clear in Denver, and in Washington.”

Visit the web site here: http://www.americansforprosperity.org/index.php?state=co

Drill Here. Drill Now. Pay Less.

2008-07-11T00:31:00.000-06:00

Since May, over 1.3 million Americans have signed the “Drill Here. Drill Now. Pay Less.” petition at http://www.americansolutions.com/. According to information provided by Newt Gingrich, “175 members of Congress have pledged to increase U.S. oil production. Only one is a democrat.” Please sign the petition and read more about the goal of American energy independence.

Another excellent website where you can learn more about American energy resources is http://www.pickensplan.com/.

Senator Ken Salazar supported and voted for domestic off-shore drilling in 2006. In 2008, Senator Salazar opposes offshore drilling. Please contact the Senator at http://salazar.senate.gov/ and tell him that you support off-shore drilling and drilling at ANWR.

Castle Pines North to Host Candidate Forum

2008-07-11T00:08:00.000-06:00

The City of Castle Pines North will host a Candidate Forum on Tuesday, July22, at 7 p.m. at the CPN Community Center, 7404 Yorkshire Drive. Participating in the forum are 6th Congressional District candidates, along with candidates for House District 45, Senate District 4, and County Commissioner District II. With some hotly contested races coming up in the primary, this should be a great event!

Bob Schaffer vs. Mark Udall Debate

2008-07-11T00:04:00.000-06:00

On Monday, July 14, at 9:00 AM, please join your fellow Republicans in supporting Bob Schaffer at the first debate between U.S. Senate candidates Republican Bob Schaffer and Democrat Mark Udall. The location will be The Wildlife Experience in Parker, which is located just east of I-25 on Lincoln Avenue. Tickets must be reserved in advance by calling 720-377-1600 or emailing teamschaffer@bobschafferforsenate.com.