Ms LeeAnn Morrill First Assistant Attorney General, Public Officials Unit , Ralph L. Carr Colorado Judicial Center , 1300 Broadway, 6th Floor Denver, Colorado 80203 Email: [email protected] Response on Jan 21st: As I explained to you during our telephone conversation, the EDC’s approval became final on December 16, 2013, when a majority of the commissioners voted to find that the application demonstrated that each of the statutory criteria were materially met. And, as a result, OEDIT staff are not able to delay or suspend the effect of the EDC’s approval, to require the EDC to re-review the application, or to require a new third-party analyst to evaluate the application. Additionally, the EDC is not required to issue a “formal response” to your December 17, 2013 protest letter. Under the RTA statute set forth at C.R.S. 24-46-301, et seq., and the EDC’s guidelines for RTA applications (Attachment 2), there is no process by which either the EDC or OEDIT staff may or must consider and respond to protests of the EDC’s final decision to approve a RTA application. Rather, members of the public and other interested parties had the opportunity to participate in the public hearing that was held before the EDC approved the application as required by C.R.S. § 24-46-305(3). For these reasons, I explained to you during our telephone conversation that if you intend to challenge the EDC’s approval of Colorado Springs’ RTA application, then you should consult with a private attorney of your choosing to determine whether and how you may bring such a challenge. Mr Scheminske, Deputy Director, Office of State Planning and Budgeting has also written back: Per the provisions of the statutes governing the Regional Tourism Authority, Economic and Planning Systems, Inc. (EPS) completed its final third-party analysis of the City for Champions application on November 25, 2013. At that point in time, the formal role of the third-party analyst in this process, as well as that the Office of State Planning and Budgeting (OSPB), was complete. The information supplied by City for Champions on December 9, 2013 was sent directly to the Economic Development Commission (EDC). As the third-party analysis was completed at that point, the established process allowed neither EPS nor OSPB to review this supplemental information. Further, because the involvement of my office had ended at that time, I cannot say whether or not the EDC considered this supplemental information in its deliberations. To all the citizens of EL Paso County and Colorado Springs: It is now clear that a independent third party analysis of the revised data was not accomplished. The new data supplied would not have equaled the requested $120.5 million even with the 13% request. Sadly they have left you as a community believing that this was their best effort and that the EDC had resolved the specific requirements under the RTA and required due diligence. It is time for us to call for our own independent third party review with the results going directly to the citizens and not kept secret by those who would profit from it. Please contact your county commissioners and city councilors in this regard. Together we will get it RIGHT. Separately we will all pay. William Bill Murray
Posted on: Wed, 29 Jan 2014 16:00:45 +0000
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