Dark Money in the Windsor Mayoral Election

Note: This post originally appeared on NextDoor

Look, I get it – we’re all tired of posts about the Windsor Mayor Election, but rather than persuade you to vote for one candidate over another, I am posting on Election Day to raise some concerning information about Dark Money that infested our local elections.

“‘Dark money’ refers to spending meant to influence political outcomes where the source of the money is not disclosed.” – OpenSecrets (more at https://www.opensecrets.org/dark-money/basics )

After examining all of the Financial Disclosures at https://www.windsorgov.com/1256/Campaign-Finance-Reports and charting them based on expenditures, over 1 in every 4 dollars spent in this election has been by a Nonprofit Corporation called “Advancing Northern Colorado.” Based out of Loveland, they do not disclose their donors and do not have to abide by the contribution limits imposed on the candidate committees. As you can see, this has opened a pipeline of funding into our elections that cannot be traced. In this case, all the money was spent supporting one candidate.

Expenditures by Advancing Northern Colorado include $2734 for text messaging campaigns, while an additional $4500 for “Hallett for Mayor Creative Development” and “Ad Placement.”

I have raised earnest questions regarding these expenditures at https://nextdoor.com/news_feed/?post=327303868 and appreciate the candidate’s response. I invite you to review the post and comment threads and consider them.

My intention is not to promote or embarrass any candidate but to raise awareness of how these financial practices impact our elections. I believe strongly in election integrity, and while I cherish freedom of speech, I also believe strongly in financial disclosure so we can understand how messaging is funded. As a community, we need to have some very serious discussions about Dark Money and its place in our local political discourse.

Why aren’t Library Trustees elected?

Note: This post is a response to a question that was recently posed on a NextDoor thread: “Why don’t we vote on Library Board members?”

I am a member of the Clearview Library Board of Trustees but am speaking only for myself and not on behalf of the board. To answer your question as to why Library Trustees are appointed rather than elected: The appointment of members is specified in Colorado Library Law (C.R.S. 24-90-108). As a library district, sections (c) and (e) are applicable to Clearview. These apply to all library districts in the state of Colorado. I’d invite you to read the law at: https://www.cde.state.co.us/cdelib/librarylaw/part1#24-90-108

As specified in the Clearview Library District (CLD) bylaws, which can be read at https://clearviewlibrary.org/sites/default/files/inline-files/2023-06-29-bylaws-with-amendments_0.pdf , Trustees are appointed by a committee that consists of voting members from all of the municipal bodies that make up the CLD: Town of Windsor, Town of Severance, City of Greeley, and the Weld RE-4 School District. A current Trustee is also on the committee and facilitates the process. Once a selection is made, those names are submitted to each of the aforementioned entities to be ratified, which is discussed and voted on during their public meetings – only then are those Trustees seated to complete a 3-year term which can be re-appointed once to serve a maximum of 6 years as a voting Trustee. You can learn more by reading Article 2, Section 4 of the CLD Bylaws which goes into further detail of the oversight of the CLD Board of Trustees.

This process was recently completed for our trustee whose term was expiring at the end of the year, and at our most recent meeting we extensively discussed the process. You can view it below:

Regarding “how our dollars are spent”, I recently made a post that answered some questions about the CLD’s mill levy, finances, and budget. I’d invite you to read it. Also, the first reading of our 2024 budget was presented in our October meeting and can be viewed below:

The second reading and possible approval is on the agenda for the next regular meeting on Thursday, November 30. If you have any questions about Trustee appointment, the CLD budget, or anything else related to the library district, I’m more than happy to answer them at jeromey.balderrama@clearviewlibrary.org . I don’t respond to social media comments and encourage you to reach out to me directly and would even be happy to set up a phone or in-person discussion as well. Thanks for your interest in the Clearview Library District!

Questions Regarding Clearview Library Finances and Mill Levy

As a member of the Clearview Library of Trustees (WHO IS NOT SPEAKING ON THE BOARD’S BEHALF), I have received some questions regarding how the library is financed, its budget, and operating costs.

Did the original .5 mill levy approved by voters to build the Third Street library ever sunset? When was the library bond paid off?

Below is a timeline of the Clearview Library mill levy, as documented on their website.

  • 1985: Windsor Severance Library District formed at 1.5 mills
  • 1995: Voter-approved tax increase (1.740 mills, 0.93 bond)
  • 2001: Voter-approved mill levy increase NTE 3.546 mills (1 mill increase) and TABOR 2 prevention (“de-Bruced”)
  • 2011: Third Street building is paid off four years early (0.93 bond sunsetted)

Is the library still collecting 2 mills for operations and maintenance of the library? What is the total mill levy for the library district?

Each year, the Library Board-approved mill levy is certified by the Library Director to Weld County. A 3.546 mill levy currently funds our district to support operations.

The current mill levy was set and approved by voters back in 2001.

How much cash-on-hand does the library district have?

As of August 2023 close:

$13,887,068.38 Total
– ($4,663,582.38) Lease loan funding for Severance build, 100% committed.
– ($2,401,575.67) Long Term Building Fund, allocated for Severance build
– ($1,188,440.36) Capital Fund Reserve
– ($3,256,726.80) Operating Fund Reserve. Reserve targeted to be equal to 12 months operating budget
– ($1,188,812.68) Checking Account
– ($544.70) Cash on Hand
Total Committed or reserved funds: ($11,699,702.89)
Current Non-committed: $2,187,361.49
(Edit Oct 6, 1pm):*

*Keep in mind that our budgeted expenses are $404,092.16 per month, so we anticipate the remaining expenses for the last 4 months of 2023 to total $1,616,368.60, with little remaining income to be collected. Taking this into account our adjusted Non-Committed number is $570,992.80.

What is its operations budget this year and next?

2023: $6,091,415.00 Revenue. ($4,671,689.86) Expense
2024: This budget is being finalized. The first reading is scheduled for the October 26 regular business meeting.

How much is the library district paying to build the Severance library branch? What will its operating and maintenance budget be once it opens?

Current Severance Budget: $7,610,239.27, which includes finish, furniture, land acquisition, books and materials, IT, and audio/visual. As for operations and maintenance: that budget is currently being finalized and is scheduled for a first reading at the October 26 regular business meeting.

An unofficial statement regarding the Clearview Library District property on Main Street

Hello, I am a member of the Clearview Library District Board of Trustees, BUT I DO NOT SPEAK FOR THE BOARD. The views expressed here are my own, and in no way reflect those of my fellow trustees, the Clearview Library District, or its staff.

As news propagates regarding the possible development of a grocery store, targeted in part, on land currently owned by the Clearview Library District, I wanted to share my perspective on this matter and some of the considerations faced as a Trustee of the library district.

The Clearview Library District’s land on Main Street was purchased in 2016, authorized by the Board of Trustees at the time, using reserve funds, and that space was designated as a site for a future regional library. In 2017 and 2018, the Library District put mill levy initiatives on the ballot to finance the construction of a  regional library, measures that did not pass in either election. In 2021, as part of the long-range planning initiatives, the Board of Trustees drafted and approved A Plan For the Future Facilities Plan, which specifies the usage of the land:

The district looks to maintain ownership of the property at the intersection of Main Street and Chimney Park Drive. While there are no immediate plans for this property, it may benefit future collaborations for potential shared facilities or a cultural campus.

clearview library district facilities plan, page 26

Given that the library district has previously pursued a library on this property, along with the designation in the Facilities Plan, library law restricts the Board’s ability to list, market, negotiate and sell that property to private entities (such as a commercial grocer) without altering the facilities plan and classifying that property as “Surplus”. Such a designation presents additional caveats and essentially becomes a disavowment of the property for strategic considerations. My understanding is that once it is designated “Surplus”, it is extremely challenging to reverse that classification for potential future use by the library district.

Earlier this summer, at the behest of the Town of Windsor, members of the Board met with a realtor associated with the grocer looking to build on that section of town that includes the library’s land. We attended those discussions in good faith, and with an open mind, explored options regarding a possible sale of this property. It was at that point that we were advised by the library district’s attorney regarding the library laws summarized above and the challenges that arise when considering non-solicited offers for strategic library property.

Speaking only for myself, I firmly believe that planning for a future regional library is essential in serving the needs of our communities. I respect the work of past boards in studying different possible locations and selecting the best option at the time. To preserve the goals outlined in our long-range plan, the library district requires a plot of land on or near a major artery road, in a location near the heart of the library district’s population. Any sale of the library land should enable the continuation of those goals.

Additionally, the purchase price of the property may be utilized for the necessary reserve balances needed to obtain the Certificates of Participation that could fund the Severance branch.

Clearview Library District FAcilities PLan, Page 26

Those that believe a regional library is not in the best interests of our communities must still acknowledge the value of the property as a library district asset, appreciating at a greater rate than the investment options available through library law. As a Trustee, I have a fiduciary obligation to the library district, and as such, take the stewardship of this asset seriously. When considering the land from a fiduciary perspective, I am looking at the land not at today’s value, but at the potential appreciation at a time when its sale would be needed to cover the operating costs of the district.

The need for another grocer in Windsor is not lost on me. As a King Soopers customer, I am all too familiar with the crowded conditions in Windsor and empathize with my fellow east-side residents in having a store closer to our homes. However, my role as a Trustee is to do what is best for the library district first; as well as creatively collaborate to find a solution that is best for Windsor and the other communities in the library district.

Given the friction involved with reclassifying the land and the inability to reverse it, a compelling opportunity that addresses my expressed considerations and concerns is required for my support to modify the Facilities Plan.

It is also important that we as a community engage in conversation over this matter, with opportunities for input in this important dialogue. I welcome your feedback and suggestions and can be reached through email at jeromey.balderrama@clearviewlibrary.org