EXPOSING THE FAILED ELBERT COUNTY RECALL

As citizens committed to making the truth known, now that the recall of our Elbert County commissioners has failed, this website provides factual information that debunks the mythical foundation on which the group organizing the recall based their entire campaign. As the results demonstrate, the recall was a colossal waste of time and taxpayer dollars, using resources that could have been put to better use. 

Organized by a small group of residents with a clear, tactical agenda, the recall was based on misinformation and a thinly veiled effort to throw chaos into our county’s government and to divide the citizens of Elbert County.

The recall petitioners failed in their attempt to sow discord in our community and knew the writing was on the wall when they gave up collecting signatures a week before they were due. Yet, they remain active in their efforts to spread falsehoods in our county. We challenge them to make public the signatures of those who signed their petition in order to provide transparency and truth, rather than hiding behind the veil of a flawed political agenda.

Their cynical efforts to divide Elbert County residents were premised upon nine myths which are based on misinformation and scare tactics. The goal of this website is to put this group on notice that we will not stand for this sort of desperate political play now, or in the future.

Now, let’s get to the facts.

During the last election, support for our commissioners was voiced by the overwhelming majority in a landslide election, and again, with the failed recall. Here’s a snapshot of the great work our Elbert County commissioners have accomplished while in office and why they continue to be broadly supported throughout the county:

  • Placing reasonable limitations on development in the County to respond to development pressures, while preserving the vast majority of the County as rural land to protect our rural way of life.
  • Requiring developers to make improvements to County infrastructure to benefit all citizens of Elbert County, including for example, requirements to construct new roadways or expanding existing roads to make them safer.
  • Adopting updated water restrictions for new development, to ensure that new development does not result in diminished water supplies for existing County residents.
  • Supporting the small business environment in Elbert County, to provide good job opportunities and needed services for our citizens.

FACTS vs. MYTHS

Read on for detailed, factual information exposing the truth and debunking the myths raised during this failed recall:

MYTH NO. 1: DEVELOPMENT IMPACT FEES HAVE BEEN ABATED BY THE COUNTY.

MYTH NO. 2: THE COUNTY HAS EXPERIENCED REDUCED REVENUE BY ACCEPTING LOWER IMPACT FEES.

The Truth: Elbert County has not abated impact fees for recent developments. Impact fees are limited by state law. State law prohibits local governments from charging impact fees that exceed the impact of a new development, and the law also prohibits local governments from charging developers impact fees when developers construct public improvements, such as to roads or utility infrastructure. Historically, developers in Elbert County were required to make impact fee contributions that greatly exceeded the impact of their projects and that duplicated public improvement obligations. Acting in accordance with state law, our county commissioners reimbursed a portion of those fees for applicable developments, saving our county from needless liability. The net impact of the development contribution was not reduced.

The county’s updated impact fees were determined based on state law. They were prepared in coordination with such agencies as local fire departments and the sheriff’s office to decrease response times for life safety, and to offset the impact of new development.

The Truth: This assertion is wrong. Elbert County recently conducted a new impact fee study to ensure that the fee amounts were proportionate to the impacts of new growth in our county. As a result, our commissioners increased the impact fees in 2020.

MYTH NO. 3: THE COUNTY HAS ALLOWED DEVELOPERS TO GET OUT OF THEIR CONTRACTUAL OBLIGATIONS TO IMPROVE RURAL ROADS.

The Truth: The same group that is behind the recall sued our county government — imposing cost on every taxpayer in Elbert County — to prevent miles of new roads that would have been entirely paid for by a developer. The recall petitioners’ lawsuit prevented needed rural road development, not the commissioners’ actions.

Contrary to what the recall proponents are saying, the commissioners require developers to construct new roads or improve existing roads to serve their projects and our entire community.  New development allows us to get newly paved roads, with needed improvements such as drainage and shoulders, at zero cost to existing residents. These roads are entirely paid for by development and new homebuyers in our County.

TOPIC NO. 4: THE COMMISSIONERS HAVE FAILED TO ENFORCE DEVELOPERS’ CONTRACTUAL OBLIGATIONS.

The Truth: Our commissioners did not fail to enforce developers’ obligations. The recall petitioners are specifically focused on one decision by the commissioners to modify road improvement requirements when the construction of proposed housing was decreased at one development project. The developer of that property completed the agreed-upon improvements for the totality of the development that was completed, which was significantly smaller than the original plan.

MYTH NO. 5: THE COMMISSIONERS HAVE IMPROPERLY ACQUIRED PRIVATE PROPERTY.

The Truth: Historically, county governments in Colorado — including Elbert County — designated section lines for public road right-of-ways. Section lines have always served as public right-of-ways in our state. The county’s decision to reassert this status of section line roads is necessary to support the overall county traffic plan and to ensure that we have an adequate transportation network in our community. To the extent the county is acquiring new road right-of-ways, it will need to compensate landowners for those right-of-ways, consistent with our state and federal constitutions.

MYTH NO. 6: THE COMMISSIONERS HAVE ALLOWED UNCONTROLLED GROWTH.

The Truth:  Elbert County has not experienced uncontrolled growth — in fact, quite the opposite.  From 2010 to 2020, our county grew by less than 3,000 residents while adjoining counties grew far more dramatically (Douglas County added nearly 80,000 residents). Our growth from 2010 to 2020 was approximately 12%, which was lower than Elbert County’s population growth in every decade since 1980. We are growing more slowly now than we have in the past 40 years.


Our commissioners maintain zoning and subdivision regulations that restrict the vast majority of our county for agricultural, rural land uses. They also require developers to construct public improvements needed to serve our community, and to pay impact fees to offset the impact of the new development.

MYTH NO. 7: THE COMMISSIONERS HAVE FAILED TO ADHERE TO ROADWAY GUIDELINES.

The Truth: Our county government has followed the prescribed guidelines, codes, and regulations, based upon the time when they were implemented. Moreover, our commissioners are not responsible for enforcing the county road standards—that is the job of the county’s engineering department.

MYTH NO. 8: THE COMMISSIONERS HAVE NOT BEEN RESPONSIVE TO CITIZEN CONCERNS.

The Truth: All citizens are allowed to have their voices heard, and our commissioners’ decisions are based on many factors, not just the concerns of one small group that is actively working to divide our community. Just as all citizens are invited to attend public hearings or contact their elected officials, the recall group presented their concerns in public hearings before the commissioners, and then lost two lawsuits against the County (wasting taxpayer dollars in the process).

MYTH NO. 9: THE COMMISSIONERS HAVE FAILED TO MANAGE ELBERT COUNTY’S WATER RESOURCES.

The Truth: Elbert County relies on groundwater to supply our community with water. Historic patterns of development in Elbert County, which require significant irrigation and draw from shallow wells, have produced inefficient water usage. The Commissioners have worked hard to bring in smart development that requires water conservation, water reclamation, and low irrigation — all examples of how to use our water resources more wisely going forward. By approving new development that uses significant water conservation measures and draws from deeper aquifers to avoid negative effects on existing wells, the commissioners have championed smarter water use while protecting existing residents’ water supplies. The county is embracing smart growth to provide for good stewardship of our water moving forward.

PAID FOR BY NO RECALL ELBERT COUNTY

COMMISSIONER SUPPORT