Image
Image Link 07/17/2018

Sun Country Meadows $900K  Fiasco - Where to Begin?

Your Tax Dollars At Work...

The bottom line… Elbert County Commissioners Danny Willcox, Chris Richardson, and Grant Thayer approved a $900,000.00 interest free loan in April to the Sun Country Meadows PID (Public Improvement District) for road paving.

Placeholder Picture

At the July 11 commissioner board meeting, the three commissioners refused to answer my questions regarding this loan, which I only discovered by reading the 2017 county financial audit report. The 2017 audit report, produced by the firm Rubin Brown, was on the meeting agenda for presentation and then formal acceptance by vote of the commissioners. I asked the commissioners to please explain the loan as it was my understanding that all debt associated with the Sun Country road improvements were to be funded by a third party (a bank) via certified bonds. The commissioners were silent to my inquiries. When the time came for the vote to accept the audit report, I asked the commissioners to address my questions before voting. Nope. More silence. There was some murmuring among the commissioners but no explanation of the loan for public consumption.

Following the meeting, I was approached by Commissioners Willcox and Richardson. It seems the paving bids and the bank/bond loan interest rates were higher than anticipated and the commissioners felt badly for Sun Country residents and guilty for their own bad financial estimates. And so, they decided to chip in a county interest free loan of $900K and to reduce the amount of bank loan debt by $1 million.

County Commissioners, acting as the ex officio District board, presumably because of their expertise, put the cart before the horse. They rushed to a public election with a ballot initiative wherein voters approved a specific amount of financial debt (for a specific amount of road paving), without the benefit of firm labor and banking estimates.

Indeed, the county solicitation for paving proposals only closed a few days ago on July 12, 2018! See the solicitation here: https://www.bidnetdirect.com/colorado/elbert-county-government/solicitations/2018-Sun-Country-Meadows-Road-Improvement-Project/0000193441?purchasingGroupId=8409951&origin=2

So, fellow county citizens, those property tax hikes and the windfarm windfall that should provide increased services to all of us? Nearly $1 million of that is going to fund road improvements to Sun Country Meadows. Shouldn’t we all now expect the same type of interest free loan from the county coffers? What financial geniuses would ever provide an interest free $1 million loan to anyone, ever?

If you’re interested in the gory details, please read on. And keep in mind the fact that the commissioners continue offering excuses about why the county does not have enough revenues to: improve county roads, pave county roads, open county offices five days a week, reopen the compactor site, operate an annual hazardous waste/recycle event, provide for county sheriff dispatch, etc.

HISTORY
In the late summer of 2017, resident(s) of the Sun Country Meadows subdivision began discussions with Elbert County officials about their desire to improve road conditions in their neighborhood. Ultimately, the parties agreed to establish a Public Improvement District (PID), with the Elbert County Commissioners assuming the role Board of Directors for said PID and placing a question on the ballot for the November 2017 election asking Sun Country Meadows residents (registered voters) to approve acceptance of a total debt of $3.185 million for road improvements ($2.8 million for road improvements plus $385K interest). An increased mill levy totaling 16.85 mills was to be assessed on all Sun Country Meadows residences in order to collect $189,252 annually for debt payment over 30 years. Read the approved county resolutions and ballot language here: http://www.elbertcounty-co.gov/Res%202017-24A.pdf and here: http://www.elbertcounty-co.gov/Res%202017-025.pdf

So far, so good. The resident voters of Sun Country Meadows accepted $3.185 million in debt to pave 3.9 miles of roads in their development and the county agreed to pass the extra money from increased property tax assessments of the development’s residences on to the bond holder. The bank issuing the bonds reaps a profit of $385K in interest. American capitalism and free enterprise at work, Yay!

Then, last week, presentation of the annual county financial audit report appeared on the agenda for the county commissioners’ board meeting. The auditor’s report was posted to the county website barely 24 hours before the meeting. During my late night speed read of the 2017 audit report, I noticed in the “Notes to Financial Statements” section, an accounting of this long-term debt attributed to the Sun Country Meadows PID. A few pages later in the report, it is noted that the county agreed in April 2018 to loan $900K to the Sun Country Meadows PID. From that report:

NOTE 5 - LONG-TERM OBLIGATIONS (CONTINUED)
Unissued Debt
Sun Country Meadows Public Improvement District - As part of the formation of the Sun Country Meadows Public Improvement District (District), the voters approved the issuance of $2,800,000 in debt with the total repayment to be $3,185,000. The County anticipates issuing this debt during 2018. (Page 27)

NOTE 14 - SUBSEQUENT EVENTS
During April, 2018, Sun Country Meadows, a blended component unit of the County, issued $1,800,000 in general obligation bonds to finance improvements within the District. Payments are due on a semiannual basis with the last payment due December 1, 2037. The bond carries an interest rate of 4.2%. The sources of repayment are property and specific ownership taxes. In order to complete these improvements the County agreed to loan the District an additional $900,000. (Page 32)

The 2017 Audit report is here:
http://www.elbertcounty-co.gov/Elbert%20County%202017%20Annual%20Financial%20Report.pdf

And for the true nerds among you who want to know how the commissioners took this action, outside of normal public notification procedures, please read the county’s official agenda and minutes for the commissioner board meeting of April 11, 2018:

http://www.elbertcounty-co.gov/April%2011%202018%20Draft%20Agenda%20Version%202.pdf

http://www.elbertcounty-co.gov/April%2011,%202018%20recorded%20BOCC%20Minutes.pdf

You will notice that the announcement of the Sun Country PID board meeting on the agenda states that the meeting will begin sometime after the 1pm land use hearings. Also, the Board Packet containing documents under discussion for that day’s meeting contains no documents for the Sun Country PID board meeting. (See: http://www.elbertcounty-co.gov/Final%20Portfolio.pdf)

Following the Land Use Hearings and Adjournment, the county commissioners will reconvene as the Board of Directors for the Sun Country PID:

Convene as Sun Country Public Improvement Board of Directors Meeting
A. Call to Order and Roll Call
B. Approval of Agenda
C. Resolution Establishing Parameters for the Sun Country Bond
D. Adjournment

Reviewing the minutes for the April 11 County Commissioner Board Meeting we learn that the Sun Country Board of Directors (the county commissioners) met at 9am on that day and again at 1 pm, ahead of the scheduled Land Use Hearings. From the official county minutes:

A. Special Note: Sun Country Public Improvement District Board of Directors met at 9:00 AM
J. LAND USE HEARING 1:00 P.M. (See Note 4)
Special Note: Sun Country Public Improvement District Board of Directors reconvened at 1:00 PM and ended at 1:09 PM

Evidently, the passage of Resolution 2018-20 occurred at the April 11 PID board meeting wherein the bond amount was adjusted down from $2.8 million to $1.8 million and the county authorized the $900,000.00 loan.

It reads in part, “WHEREAS the Board has determined and hereby declares that it is in the best interests of the District, and the residents and taxpayers thereof, that for the purpose [sic] financing a portion of the Improvements the District and the County shall enter into a loan in the amount of $900,000, the terms and conditions of which shall be set forth by the District in a separate agreement and resolution; and”

Read the most recent resolution here:
http://www.elbertcounty-co.gov/RES%202018-20.pdf

An open records request seeking the recording and the minutes of the PID board meeting will be submitted. State Sunshine rules apply to those meetings. A key question is whether the county commissioners, acting as the Board of Directors of a PID, can direct county funds to another government entity as a debt loan.

Regardless, do you, as a county taxpayer, approve of this financially irresponsible action that puts county delivery of public services further behind?

Some other thoughts:
1. Count y Commissioners are ill-prepared to sit as the ex officio board of any special district and should not perform that function. Residents of the district should step up and perform that role and likely incur the costs of an attorney.
2. A citizen finance committee needs to be established to assist the commissioners and to inform the public regularly of all major county expenditures and the general state of county finances.

If you disapprove of this debt free loan from your tax dollars, please contact the commissioners and tell them to cancel the loan. There are other remedies: pave less road in Sun Country; float another ballot initiative this November to increase the debt to the Sun Country PID. The answer certainly is not a debt free loan from county taxpayers.

Susan Shick, Citizen

Contact the Commissioners:

Danny Willcox, District 2 Commissioner, Board Chair
303-621-3139
danny.willcox@elbertcounty-co.gov

Chris Richardson, District 1 Commissioner
303-621-3132
chris.richardson@elbertcounty-co.gov

Grant Thayer, District 3 Commissioner
303-621-3114
grant.thayer@elbertcounty-co.gov