Thursday, September 30, 2010

Boulder Valley School District 3A -- Mill Levy

Colorado attempts to provide an equitable amount of base funding for each student. Property tax mill levies fund a large portion of school districts. To achieve equity, the state supplements districts having low property values with more state funding. However, the state, by allowing districts to ask voters for extra money through a mill levy override, reverses some of its equalization efforts.

Until this year districts could ask for a specific dollar amount equivalent to up to 20% of the base funding, called total program funding. With inflation the requested amount, which originally might have equaled 20%, over time becomes a smaller percentage of the total program funding. The school district can then ask for another override for the difference. Currently, BVSD has 3 overrides in effect equaling about 16% of total program funding.

This year the legislature changed the law to allow districts to ask for up to 25% of total program funding. Unlike in the past, the district no longer needs to ask for a specific dollar amount. If the voters approve this measure, then each year BVSD can calculate 25% of its total program funding and set the mill levy override accordingly. If less funding is deemed necessary, BVSD is not required to impose the full override amount, but schools always want more money for education so asking for less money seems unlikely. The 2011 property tax on a $100,000 residential property would increase by about $37.

Passing this override means that BVSD voters would never vote on another override in the future (unless the state legislature increases the ceiling again or Amendment 60 passes).

Next school year's step increases (which correlate to experience) and cost-of-living increases for BVSD teachers are dependent upon the passage of this ballot issue (Camera, Aug 25). BVSD also hopes to fund more early childhood education programs to close the achievement gap. The new revenue goes into BVSD's general fund.

Resolution No. 10-25 to refer Ballot Issue 3A passed unanimously at the Aug 24, 2010 BVSD Board of Education meeting.

Recommendation: lean toward yes

This ballot issue is problematic. It takes away some school board accountability by no longer allowing voters to approve future overrides. Unlike Issue 1A, this ballot language provides no indication that BVSD might ever impose less than the maximum mill levy on property owners.

This is a tough time to ask for a permanent, "maximum" tax increase (and especially tough for the Fourmile Canyon folks who lost their homes). However, I'd like the school district to be able to focus on educating children rather than on fundraising. If we can be assured that the money will be spent well, the tax icrease will be a good investment.


Website for the Yes side
http://votechildrenfirst.org/

Website for the No side
No known website -- Info on an opposition website appreciated.


Approved Ballot Language

BOULDER VALLEY SCHOOL DISTRICT RE-2 BALLOT ISSUE 3A

SHALL BOULDER VALLEY SCHOOL DISTRICT RE 2 TAXES BE INCREASED BY $22,500,000 DOLLARS IN 2010 FOR COLLECTION IN THE 2011 CALENDAR YEAR, AND BY SUCH AMOUNTS AS MAY BE COLLECTED ANNUALLY THEREAFTER BY THE IMPOSITION OF A MILL LEVY WHICH GENERATES REVENUE, WHICH TOGETHER WITH THE REVENUES PRODUCED BY PREVIOUS VOTER AUTHORIZED TAX INCREASES OF THE DISTRICT UNDER 22-54-108, C.R.S., AS AMENDED, IS NOT GREATER THAN TWENTY-FIVE PERCENT OF THE DISTRICT’S TOTAL PROGRAM FUNDING PLUS SUPPLEMENTAL COST OF LIVING ADJUSTMENT, TO BE USED FOR GENERAL FUND PURPOSES, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO:
· RESTORING CRITICAL BUDGET CUTS;
· MITIGATING FUTURE BUDGET CUTS;
· SUPPLEMENTING TEACHER AND STAFF COMPENSATION;
· FUNDING EARLY CHILDHOOD EDUCATION PROGRAMS;
AND SHALL SUCH INCREASE BE AN ADDITIONAL PROPERTY TAX MILL LEVY IN EXCESS OF THE LEVIES THE DISTRICT IS OTHERWISE AUTHORIZED BY LAW TO IMPOSE; AND SHALL THE DISTRICT BE AUTHORIZED TO COLLECT, RETAIN AND SPEND ALL REVENUES FROM SUCH TAXES AND THE EARNINGS FROM THE INVESTMENT OF SUCH REVENUES AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?

YES _____ NO _____


See the last 9 pages of the Aug 24, 2010 BVSD Board of Directors meeting agenda for Resolution No. 10-25.
http://bvsd.org/boe/Pages/default.aspx

ClimateSmart Loan Program Suspended for Residential Loans

Boulder County voters passed 1A (now called the ClimateSmart Loan Program) in 2008 but rejected 1B (an expansion of the program) in 2009.

On June 29, 2010 the county commissioners canceled the residential loan portion of the program. The program is in conflict with a May ruling from Fannie Mae and Freddie Mac, two mortgage giants which own or guarantee about half of the mortgage market. Because the loan stays with the house, it is considered likely that even if the current owner doesn’t have a Fannie or Freddie mortgage, a future owner would.

Boulder County’s ClimateSmart Loan Program webpage
http://www.bouldercounty.org/bocc/cslp/

Wednesday, September 29, 2010

Amendment 54 Ruled Unconstitutional

As earlier reported, Amendment 54, approved by the voters in 2008, was challenged in court. On February 22, 2010 the Colorado Supreme Court ruled the amendment unconstitutional by a 4 – 1 vote with 2 justices not participating. On page 4 of the opinion the court wrote, "[W]e find the Amendment’s deficiencies so pervasive that we must nullify the Amendment in its entirety…"

CO Supreme Court opinion on Amendment 54
http://www.courts.state.co.us/Courts/Supreme_Court/opinions/2009/09SA224.pdf

Monday, October 19, 2009

Vote on the Ballot Issues!

In 2008 voters passed both of the Boulder County ballot issues. This year voters face twice as many county ballot issues.

In 2008 voters in the city of Boulder passed only 3 of the 7 city ballot issues: 201, 202 and 2C. This year voters only have 4 city ballot issues to consider.

In a local election your vote counts for more than in a state or national election. Please vote on the ballot issues. If many people bypass the ballot issues leaving them blank, a small number of people can get their personal preferences passed. Please educate yourself on the ballot issues. If you still don’t know how you want to vote, you can always vote no and keep the status quo rather than not vote or vote for unintended consequences.

I hope this blog helps to educate you and generates some conversation about the ballot issues. Warning: The descriptions below are very brief! Each ballot issue has its own blog entry if you would like more information or to make comments about the ballot issue. Please limit comments on this blog entry to general comments about the process or the election.


BOULDER COUNTY BALLOT ISSUES

1A
Open Space Sales and Use Tax $50M Bond Authorization and 0.25% Tax Extension Issue
To continue a 0.25% (25¢ on $100) dedicated open space tax until Dec 31, 2034. The tax is set to expire on Dec 31, 2019.
lean toward yes

1B
ClimateSmart (CEOLID) $85M Bond Authorization
To continue and expand a program to make low-interest loans to property owners for energy efficiency and renewable energy projects.
YES

1C
$6.1M Bond Authorization for Energy Conservation Projects
To take advantage of federal stimulus dollars available at low financing to fund energy efficiency and renewable energy projects on county buildings such as the jail.
YES

1D
DA Term Limits Extension to Three Terms
To allow the Boulder County District Attorney to seek and serve a third consecutive term as DA.
YES


CITY OF BOULDER BALLOT ISSUES

2A
Sales and Use Tax Extension
To continue indefinitely a 0.15% sales and use tax (15¢ cents on $100) due to expire on Dec 31, 2012. The tax revenue would go into the city’s general fund.
FOR

2B
Open Space General Obligation Bonds
To permit the city to issue general obligation bonds with more favorable interest rates rather than revenue bonds.
FOR

2C
Pension Bond Funding
To permit the city to issue bonds to fund pension obligations on police officers and fire fighters hired before April 8, 1978.
for

2D
Changes to Housing Excise Taxes
To substantially increase excise taxes on new non-residential development and eliminate excise taxes on residential development.
against


Get a SAMPLE BALLOT or Check Your Voting Status
http://www.bouldercounty.org/clerk/elections/index.htm
    Click on Check Your Voter Information and enter the requested data. Your voting status, precinct number, etc will appear below. You can click on Your Sample Ballot to get a practice ballot. Your actual ballot should arrive in the mail. Contact the Elections Division at 303 413 7740 if you have questions about voting.


OTHER BALLOT ISSUE SITES

County of Boulder Election 2009 Ballot Issue webpage
http://www.bouldercounty.org/newsroom/templates/bocodefault.aspx?articleid=1764&zoneid=1

City of Boulder Election 2009 webpage
http://www.bouldercolorado.gov/index.php?option=com_content&task=view&id=7466&Itemid=2233

League of Women Voters of Boulder County
http://lwvbc.org/

Camera Election Section
http://www.dailycamera.com/election

Boulder Weekly on the County Ballot Issues
http://www.boulderweekly.com/article-12-boulder-county-ballot-issues.html

Boulder Weekly on the City Ballot Issues
http://www.boulderweekly.com/article-10-city-of-boulder-ballot-questions.html

Yellow Scene Magazine
http://yellowscene.com/2009/10/14/2009-election-endorsements/#more-15350

Insomnia Log (Mike Ellis)
http://insomnialog.blogspot.com/2009/10/summary-of-2009-boulder-ballot-issues.html

Sunday, October 18, 2009

County of Boulder 1A – Open Space Countywide 0.25% Sales and Use Tax Extension and $50M Bond Authorization Issue

In 1993 voters originally approved this open space tax. In 1999 voters approved an extension of this tax through the end of 2019. The tax revenue through 2019 is already committed to finance bonds for purchased open space. The county commissioners would like to borrow money from an extension of this tax until the end of 2034 to pay for open space purchases now while there are willing buyers and lower prices due to the economic situation.

The total county sales and use tax is 0.65% (65¢ on $100). This proposal concerns over a third of the county sales and use tax (25¢ on $100). In addition the county collects two other sales and use taxes dedicated to open space for a total open space tax of 0.45% (45¢ on $100). See the chart below.

0.05% Non-profit Human Service Agencies
      expires 12/31/2018
0.25% Open Space (under discussion in this proposal)
      expires 12/31/2019
0.10% County Road & Transit Improvements
      expires 6/30/2024
0.10% Open Space
      half expires 12/31/2024
      half in perpetutity for maintenance
0.10% Open Space
      expires 12/31/2029
0.05% Jail Improvement & Operation
      perpetuity

Recommendation: lean toward yes

Clearly open space is a priority for our county. Land acquisition is also a preferred protection tool of the Nature Conservancy, but they use donations rather than tax dollars. I worry about borrowing from the future when we haven’t even finished paying off the current debt. Fortunately open space should be around for the future generations that will be paying for it. Because of this and because I don’t want our county to miss an opportunity, I support this tax extension.

In addition to borrowing from the future, other concerns come to mind. I worry about a never-ending dedicated tax. I worry about having three separate dedicated open space sales and use taxes. I would understand why some people might not support this tax extension.


Website for the Yes side
http://yesonopenspace.org/

Website for the No side
No known website -- Info on an opposition website appreciated.


County of Boulder Ballot Issue 1A (Approved Ballot Language)

Open Space Countywide 0.25% Sales and Use Tax Extension and $50M Bond Authorization Issue

SHALL BOULDER COUNTY DEBT BE INCREASED BY UP TO $50,000,000, WITH A MAXIMUM REPAYMENT COST OF UP TO $140,000,000, WITH NO INCREASE IN ANY COUNTY TAX OR TAX RATE, BY THE ISSUANCE OF REVENUE BONDS FOR THE PURPOSE OF OPEN SPACE ACQUISITION AND IMPROVEMENTS, WHICH BONDS SHALL BEAR INTEREST, MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH OTHER TERMS, NOT INCONSISTENT HEREWITH, AS THE BOARD OF COUNTY COMMISSIONERS MAY DETERMINE; SHALL THE COUNTY'S EXISTING 0.25% OPEN SPACE SALES AND USE TAX CURRENTLY SET TO EXPIRE IN 2019 BE EXTENDED FOR FIFTEEN YEARS, TO AND INCLUDING DECEMBER 31, 2034, AT THE RATE OF 0.25% FOR THE PURPOSES OF OPEN SPACE ACQUISITION AND IMPROVEMENTS, AND MANAGEMENT AND MAINTENANCE OF SUCH OPEN SPACE AND IMPROVEMENTS; SHALL SUCH BONDS BE REPAID FROM THE PROCEEDS OF SUCH EXTENDED TAX AND, TO THE EXTENT PROCEEDS FROM SUCH EXTENDED TAX ARE NOT SUFFICIENT FOR THE REPAYMENT OF SUCH BONDS, FROM OTHER COUNTY OPEN SPACE SALES AND USE TAX REVENUES, THE CONSERVATION TRUST FUND, THE COUNTY'S GENERAL FUND AND OTHER LEGALLY AVAILABLE FUNDS; SHALL THE COUNTY BE AUTHORIZED, IN ORDER TO PROVIDE FOR THE PAYMENT OF SUCH BONDS, TO ENTER INTO A MULTIPLE-FISCAL YEAR OBLIGATION TO TRANSFER THE PROCEEDS OF SUCH EXTENDED TAX, OTHER COUNTY OPEN SPACE SALES AND USE TAX REVENUES, AND MONEYS FROM THE CONSERVATION TRUST FUND, THE GENERAL FUND AND OTHER LEGALLY AVAILABLE FUNDS TO THE OPEN SPACE CAPITAL IMPROVEMENT TRUST FUND IN AN AMOUNT SUFFICIENT TO PAY THE DEBT SERVICE ON SUCH BONDS AND TO OTHERWISE COMPLY WITH THE COVENANTS OF THE RESOLUTION OR OTHER INSTRUMENTS GOVERNING SUCH BONDS; AND SHALL THE EARNINGS ON THE INVESTMENT OF THE PROCEEDS OF SUCH TAX AND SUCH BONDS, REGARDLESS OF AMOUNT, CONSTITUTE A VOTER-APPROVED REVENUE CHANGE; ALL IN ACCORDANCE WITH BOARD OF COUNTY COMMISSIONERS' RESOLUTION NO. 2009-100?

YES _____ NO _____


Resolution No. 2009-100 referring Ballot Issue 1A to the voters
http://www.bouldercounty.org/newsroom/articlefiles/1764-2009-100_POS_ext.PDF

County of Boulder 1B – ClimateSmart (CEOLID) $85M Bond Authorization

Boulder County would like to continue providing low-interest loans to property owners so they can make energy efficiency improvements or install renewable energy equipment such as solar panels. The loans are for 15 to 20 years and are paid back by the participating property owners through a special assessment which stays with the property until the loan is repaid. The voters are being asked to allow Boulder County to take on debt in order to finance more loans. This is not a tax increase or extension.

CEOLID stands for Clean Energy Options Local Improvement District. In 2008 county voters approved 1A, a similar ballot issue -- call it a pilot project, if you will. 1A established the CEOLID which has distributed about 650 loans totaling about $11.5 million. In addition to providing more money for loans, this year’s proposal would expand on the current program by allowing Boulder County to partner with other counties with similar local improvement districts (pending state legislation) to increase participation and realize more cost efficiencies.

Recommendation: YES

People purchasing new homes should try to wrap the cost of energy improvements into their mortgage so that they can get the mortgage tax break. The rest of us could line up to take advantage of this program. Individuals benefit since the county can usually get loans at a lower interest rate than individuals can. Collection of property taxes is straightforward. Yes, the county has become a banker, but the extra work and risk is minimal. Meanwhile, the county is encouraging less energy consumption and a smaller carbon footprint.


Website for the Yes side (sort of) – This is the 2008 Ballot Issue 1A website
http://yes1a.org/resolution.php

Website for the No side
No known website -- Info on an opposition website appreciated.


County of Boulder Ballot Issue 1B (Approved Ballot Language)

ClimateSmart (CEOLID) $85M Bond Authorization

SHALL BOULDER COUNTY DEBT (FOR CLEAN ENERGY OPTIONS LOCAL IMPROVEMENT DISTRICT AND SIMILARLY SITUATED LOCAL IMPROVEMENT DISTRICTS IN OTHER COLORADO COUNTIES) BE INCREASED BY UP TO $85,000,000, WITH A MAXIMUM REPAYMENT COST OF UP TO $180,000,000, WITH NO INCREASE IN ANY COUNTY TAX OR TAX RATE, PROVIDED THAT AT LEAST $45,000,000 OF SUCH DEBT AND AT LEAST $95,000,000 OF SUCH MAXIMUM REPAYMENT COST SHALL BE PAYABLE FROM SPECIAL ASSESSMENTS ON PROPERTIES IN SUCH OTHER COUNTIES AND OTHER AMOUNTS PAYABLE BY SUCH OTHER COUNTIES, RESULTING IN A NET OF $40,000,000 OF DEBT AND $85,000,000 OF MAXIMUM REPAYMENT COST PAYABLE FROM SPECIAL ASSESSMENTS IN BOULDER COUNTY, FOR THE PURPOSE OF FINANCING THE COSTS OF CONSTRUCTING, ACQUIRING AND INSTALLING SOLAR AND OTHER RENEWABLE ENERGY SYSTEMS OR ENERGY-EFFICIENCY IMPROVEMENTS FOR PROPERTY OWNERS THAT CONSENT TO BE INCLUDED IN SUCH DISTRICTS BY ENTERING INTO A CONTRACT OR AGREEMENT FOR INCLUSION THEREIN, AND ANY COSTS NECESSARY OR INCIDENTAL THERETO, INCLUDING WITHOUT LIMITATION THE COST OF ESTABLISHING RESERVES TO SECURE THE PAYMENT OF SUCH DEBT, BY THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAYABLE FROM SPECIAL ASSESSMENTS IMPOSED AGAINST BENEFITED PROPERTIES FOR WHICH THE OWNERS THEREOF HAVE CONSENTED TO BE INCLUDED WITHIN SUCH DISTRICTS BY ENTERING INTO SUCH A CONTRACT OR AGREEMENT FOR INCLUSION, AND FROM OTHER FUNDS OF BOULDER COUNTY AND SUCH OTHER COUNTIES THAT MAY BE LA WFULLY PLEDGED TO THE PAYMENT OF SUCH BONDS, WHICH BONDS SHALL BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 10%, SHALL BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, SHALL BE ISSUED, DATED, AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER, IN ONE OR MORE SERIES, AND SHALL CONTAIN SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE BOULDER COUNTY BOARD OF COUNTY COMMISSIONERS MAY DETERMINE; SHALL BOULDER COUNTY BE AUTHORIZED TO ENTER INTO A MULTIPLE-FISCAL YEAR OBLIGATION TO ADVANCE AMOUNTS FOR PAYMENT OF A PORTION OF SUCH BONDS AND TO REIMBURSE ITSELF FOR SUCH ADVANCES BY COLLECTING UNPAID ASSESSMENTS AS PROVIDED IN SECTION 30-20-619(2), COLORADO REVISED STATUTES, AS AMENDED; AND SHALL THE REVENUES FROM SUCH SPECIAL ASSESSMENTS AND ANY EARNINGS THEREON AND FROM THE INVESTMENT OF THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE; ALL IN ACCORDANCE WITH BOULDER COUNTY BOARD OF COUNTY COMMISSIONERS' RESOLUTION NO. 2009-101?

YES _____ NO _____


Resolution No. 2009-101 referring Ballot Issue 1B to the voters
http://www.bouldercounty.org/newsroom/articlefiles/1764-2009-101_CSLP_LID.PDF

County of Boulder 1C – $6.1M Bond Authorization for Energy Conservation Projects

The recent federal stimulus package (American Recovery and Reinvestment Act) allows for a limited time the issuance of no-interest bonds to reduce energy consumption by at least 20% in government buildings. There are fees and administrative costs amounting to about 1% a year. The county would create a capital improvement trust fund to handle the bond money. This issue is going to the voters because it is a request to increase debt.

The county jail is the target of most of the attention for the energy efficiency improvements and renewable energy projects. Other buildings under consideration include the Boulder County Fairgrounds, the Justice Center, the sheriff’s new administration building, the Open Space and Transportation Complex and a new transportation building on Longhorn Road.

Recommendation: YES

This proposal appears to be a win-win situation with a limited window of opportunity. According to Resolution 2009-102, the county will use the bond money for previously planned capital improvements. In other words, the county doesn’t have to look for projects to fit the federal government’s criteria and doesn’t have to delay desired projects due to lack of funding. Meanwhile, the county can get favorable terms to pay for the improvements, can achieve some desired energy savings and work toward decreasing our county’s carbon footprint.


County of Boulder Ballot Issue 1C (Approved Ballot Language)

$6.1M Bond Authorization for Energy Conservation Projects

SHALL BOULDER COUNTY DEBT BE INCREASED BY UP TO $6,100,000, WITH A MAXIMUM REPAYMENT COST OF UP TO $8,000,000, WITH NO INCREASE IN ANY COUNTY TAX OR T AX RATE, FOR THE PURPOSE OF FINANCING ENERGY CONSERVATION IN COUNTY BUILDINGS AND OTHER COUNTY PROPERTY, BY THE ISSUANCE OF BONDS PAYABLE FROM MONEYS TRANSFERRED FROM THE COUNTY'S GENERAL FUND AND OTHER LEGALLY AVAILABLE FUNDS TO THE CAPITAL IMPROVEMENT TRUST FUND TO BE ESTABLISHED IN CONNECTION WITH SUCH BONDS, WHICH BONDS SHALL BEAR INTEREST, MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH OTHER TERMS, NOT INCONSISTENT HEREWITH, AS THE BOARD OF COUNTY COMMISSIONERS MAY DETERMINE; SHALL THE COUNTY BE AUTHORIZED, IN ORDER TO PROVIDE FOR THE PAYMENT OF SUCH BONDS, TO ENTER INTO A MULTIPLE-FISCAL YEAR OBLIGATION TO TRANSFER MONEYS FROM THE GENERAL FUND AND OTHER LEGALLY AVAILABLE FUNDS TO SUCH CAPITAL IMPROVEMENT TRUST FUND IN AN AMOUNT SUFFICIENT TO PAY THE DEBT SERVICE ON SUCH BONDS AND TO OTHERWISE COMPLY WITH THE COVENANTS OF THE RESOLUTIONS OR OTHER INSTRUMENTS GOVERNING SUCH BONDS; AND SHALL THE EARNINGS ON THE INVESTMENT OF THE PROCEEDS OF SUCH BONDS, REGARDLESS OF AMOUNT, CONSTITUTE A VOTER-APPROVED REVENUE CHANGE; ALL IN ACCORDANCE WITH BOARD OF COUNTY COMMISSIONERS' RESOLUTION NO. 2009-102?

YES _____ NO _____


Resolution No. 2009-102 referring Ballot Issue 1C to the voters
http://www.bouldercounty.org/newsroom/articlefiles/1764-QECBreferral.resolution.pdf

United States Code, Title 26, Section 54D: Qualified Energy Conservation Bonds
http://www.dsireusa.org/documents/Incentives/US51Fb.htm