| The LRC’s
rationalization for avoiding accountability and Council control over
urban renewal and up to $77 million |
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After citizens filed a ballot initiative to transfer power
from the unelected Louisville Revitalization Commission to the elected
City Council, the LRC members and their supporters are cobbling
together a remarkable, evolving list of reasons why an unelected body
should hold on to power—and $77 million. No one who gains power and control over money outside
the democratic processes wants to relinquish
it. But none of the reasons advanced by the LRC members gives us any
compelling reason to trust them over an elected body with power and
money. Indeed, the reasons they have given for letting them keep the
power and money are superficial, illogical, contradictory or just plain
undemocratic. A quick background can be found in the facts laid out in the
citizen ballot
initiative. With the support of some of the
Council members, the LRC last year laid claim to control over “urban
renewal” of nearly 230 acres of land in Louisville, including the entire commercial downtown Louisville
area, the crown jewel of our city. The LRC
projected that it would divert more than $77 million over 25 years ($42.1 million in property taxes diverted from
Boulder County, our city, the Louisville Fire District, and the Boulder
Valley School District; and $35.4 million in sales taxes that otherwise
would go to our city’s operating budget). When citizens complained
about this unprecedented control over taxpayer money, the
LRC members began denying $77 million was involved—even though that
number came from its own documents. Let’s examine the LRC’s scattergun
approach to convincing us they need to hold onto power and control over tens of
millions of dollars: —“There may be
unintended consequences” (7/18/07). This is an unconvincing scare tactic. Note that no one supporting the LRC has
been able to articulate a single “unintended consequence.”
Ballot Issue 2A transfers power of urban renewal and
control over up to $77 million from an unelected body, the LRC, to an
elected body, the Council. It requires the Council acting as the urban
renewal authority to comply with the existing ethics code and existing
open government laws. These are all intended
consequences. —Developers will be
“scared away” if the Council is the urban renewal authority (7/18/07). Chuck Sisk is the chair of the LRC and
mayor/chair of the Council. If as chair
of the LRC he doesn’t scare away developers, what makes the LRC members
think he’ll scare away developers as the mayor? —“A majority of the
city council members don’t want the (urban renewal) responsibility or
the authority” (7/18/07). The
question is not whether a majority of the Council “wants” the
responsibility of or authority over urban renewal. The question is
whether the People
of Louisville, who elected these Council members, want the Council
to have that responsibility or authority. —There is a cooperation
agreement in place limiting the LRC’s power to spend the $77 million
(7/18/07). There is indeed a
cooperation agreement requiring the LRC to submit its budget and
expenditures to the Council for approval. However, the LRC has direct
control over the up to $77 million over 25 years it will divert from
the various taxing authorities, including the City. More importantly,
four LRC members at
any time can terminate
the
cooperation agreement. Additionally, as we have demonstrated,
the agreement to cooperate is hardly the "control" over the LRC the 2A
opponents claim it is. —If power is
transferred to the Council, businesses would see having to go through
Council for urban renewal-related approvals as an extra step (7/18/07). The LRC supporters have confused their
own arguments. If the Council can limit the LRC powers through the
“cooperation agreement,” by definition that is a “two-step” process.
Ballot Issue 2A actually streamlines the approval process by converting
the LRC into an advisory body and transferring urban-renewal powers and
control over the up to $77 million to the Council. —The City would lose
the “expertise” of the LRC if Ballot Issue 2A goes through (7/18/07). Nonsense. Ballot Issue 2A preserves the
LRC. It simply converts it
into an advisory board, like all the other
boards and commissions in the City (e.g., Planning Commission, Library
Board, Open Space Advisory Board, and so on). —It’s not really $77
million; the LRC actually would control only half that amount
(7/18/07). The LRC needs to
read its own
documents, which say it
intends to divert $42.1 million and $35.4 million in property and sales
taxes, respectively. State law provides that the LRC controls the tax
dollars it diverts. Whether the LRC ultimately will divert $77 million
or $38.5 million is really beside the point. Never
in the history of our City have we citizens put tens of millions of
dollars in the hands of an unelected body with no direct accountability
to the People. —The $77 million number
is an “old estimate” (8/29/07).
The LRC’s $77 million projection of tax dollars diverted was made last
summer. There is no new projection. There is no “replacement”
projection. —No one can spend sales
tax dollars diverted from the City except the Council (7/18/07 &
8/29/07). LRC member Michael
Menaker has repeatedly made this erroneous statement. This is hardly a
display of the urban-renewal “expertise” the LRC allegedly has. State
law specifically provides that all property and sales taxes diverted by
urban renewal authorities like the LRC are “paid
into a special fund”
controlled by the authority. The Council’s so-called “control” over LRC
expenditures lasts as long as four members of the unelected LRC refrain
from terminating
the “cooperation agreement.” The degree of "control" is limited to the
specificity of the budget the LRC submits to the Council for approval;
as the Camera noted, the LRC's
recently submitted budget is so general as to be meaningless as a
"check" on the LRC. —A developer whose downtown development
was approved 70 by the Council is putting his project “on hold”
“because” of 2A, and will not go through with it if we approve 2A
(10/6/07, Councilwoman Sheri Marsella’s letter to the editor). As an
initial matter, Ms. Marsella has lost a
significant amount of credibility by joining a special-interest anti-2A
group and then using the government to legislate campaign material for
that group. The logic is missing. If the developer’s development was
approved 7-0 by the Council, he will vote for 2A to transfer urban-renewal poers to the Council. But there’s a bigger issue. If the
developer really said this (as noted, Ms.
Marsella has credibility problems), he and Ms. Marsella need to understand:
citizens of Louisville do not allow their votes to be held hostage to
developers or politicians trying to use developers’ threats to
influence an election.
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