County Commissioners Rule Against Nursing Home Bond Measure and Improvement District

Jillane Hixson Addressing Public Hearing at SOS Center

This year’s November ballot will not see questions pertaining to a bond to develop a new nursing home or create a Public Improvement District in Prowers County for the project.  The Prowers County Commissioners, following a September 5 executive session, decided that the group proposing to purchase Juniper Village and develop the new facility did not supply the proper paperwork in their petition needed to bring it before local voters this fall.  A lengthy public hearing set by the commissioners on the proposal was held before a full house at the Lamar SOS Center Wednesday evening, September 4. 

Panelists at Public Hearing

Commissioner Joe Marble told Jillane Hixson, spokesperson for the Sage Brush Meadows Center project, that a lack of resolution and consent from communities impacted by the proposed Public Improvement District was the driving factor cited by the Prowers County Commissioners to not allow the proposal on the ballot at this time. A similar non-binding recommendation was made by attorney Darla Scranton Specht, who acted as the Public Hearing Officer Wednesday evening.  Marble said consent would be required from Wiley, Granada, Lamar and Bent County.  Marble said, “At this time we do not feel we have the jurisdiction to make a decision.”  He added that a written statement to this effect will be presented by the commissioners, “and the hearing will be continued until those items are presented.”  County Attorney John Lefferdink explained that under state statutes, because the proposed district would adjoin those communities, a letter of consent would be needed from each of them before the hearing could proceed.   The commissioners also hired a special bond counsel for advice on the proposed district.  Thomas Peltz, who specializes in government financing, gave the opinion that the ‘ownership and operation of a skilled care facility pursuant to the PID statute was unclear.’  The written decision on the matter also stated, ‘PID’s are typically created for projects which directly benefit certain specific property.  In this case, a skilled care facility may generally be of overall benefit to a community, but it does not especially benefit specific property as is typically the case with a Public Improvement District project.’  The commissioners ruling also noted that prior consent of the Prowers County Hospital District, Prowers Medical Center, may be required.  There is concern that the proposed facility could be in competition as PMC derives revenue from ‘swing bed’ services, rehabilitation services and other medical care provided to patients of a skilled care facility.  The commissioners would require evidence concerning the possible duplication of services when they make any future judgment. Hixson’s group was given until noon September 6 to make the deadline for ballot issues as required by state statute.  Lefferdink said the commissioners can reschedule the hearing for discussion at a later date once the consent had been given by the municipalities and the Bent County Commissioners. 

Capacity Crowd on hand for Public Hearing

The documentation from those communities is only a part of the process.  Once in hand, the commissioners would then have the required jurisdiction to move ahead with a discussion on the project before making a decision whether to allow the two questions to be placed on a ballot.  That could be either a special election next May to create a Special District, different from a PID if the SBM group decides to move ahead, or a full year before a November election, providing all the stipulations had been met to the group seeking to establish a skilled care and rehabilitation center.  Once on the ballot, the voters would decide if they wanted to establish the district and allow a $14 million bond to finance the purchase of Juniper Village and construct a new center. 

The SBM group began negotiations for the project this past February, according to Hixson, but had to deal with various procedures, paperwork and various deadlines.  At the commissioners meeting, Hixson said the group had never been involved in a venture of this nature, so a portion of their efforts were a learning process.  She said that they were on hold for at least a month through the early summer in their negotiations with the Juniper Village owners for the purchase price of the facility. 

The commissioners did not close the door on any future efforts for the development group, but Commissioner Chairman Joe Marble strongly advised that the SBM group should hire a lawyer to help guide them through the intricate process.

By Russ Baldwin