The basis for Mr. Titan’s claim that the Board “lost” $18.6 million is as follows: “My proposal was not to defer the work and financing in 2013, but to use CIBs by getting a new voter authorization.” (Titan Opinion). Mr. Titan does not explain how he calculated $18.8 million and whether he took the CAB refinancing into account. Nonetheless, an important part of a School Board member’s job is to be transparent, carefully and publicly analyze potentially feasible options, and make a prudent decision that balances many competing interests. So, let’s unpack Mr. Titan’s proposal and claim.
Mr. Titan’s idea was that the Board should have asked voters to approve a new bond measure, so that bonds under that measure would be subject to a second $60/$100,000 assessed valuation (AV) anticipated tax rate limit in addition to the $60/$100,000 AV anticipated tax rate limitation on the 2006 Measure E bonds. In other words, to repay seismic bonds, Piedmonters could have been taxed up to $120/$100K AV rather than up to $60/$100K AV. As anyone with a home mortgage knows, if you pay down debt more quickly, your total interest payments over the term of the loan go down. But you must pay more in the short term.
What would the tax impact of Mr. Titan’s proposal, if approved, have been on Piedmont taxpayers? We do not have a 2013 KNN analysis of CIB interest rates, likely term, and the tax rate necessary to make payments on such bonds. For illustrative purposes, let’s consider an additional $30/$100K AV. Added to the $60/$100K AV already assessed for outstanding seismic bonds, the total tax rate for seismic bonds would be $90/$100K AV, or $900 per year for a home assessed at $1 million (this would have been added to tax payments on older bonds). But the tax impact would vary among homeowners. Young families, which may have stretched to buy a Piedmont home and have high assessed valuations, might owe much more and have trouble paying it. Seniors might be on a fixed income and have trouble paying the tax bill.
Moreover, the new school buildings are expected to serve children for at least 50 years. While some families plan to live in Piedmont for many decades, others may stay only while their children attend school. They may be more concerned about short-term cash flow than total interest payments as they would not make many of those future interest payments. If Mr. Titan wrestled with any of these concerns, he did not explain his position.
Mr. Titan’s claim has two other defects. First, Mr. Titan has not shown whether such a bond authorization would be legal. The 2013 Series E CABs refinanced existing Bond Appreciation Notes. Proposition 39 (Article XIII-A, Section 1(b)(3) authorizes school bonds for “the construction, reconstruction, rehabilitation, or replacement of school facilities,” but does not mention re-financing other debt. KNN did not answer this question at the May 8, 2013 meeting, but rather responded to my question about a potential theater bond measure. Nor did KNN state at the October 11, 2017 meeting that the BANs could have been refinanced by CIBs without a new bond measure.
Second, Mr. Titan’s claim rests on voter approval, which is entirely speculative. Measure E itself was narrowly approved, with campaign materials indicating the sponsors’ hope that the tax rate to repay the bonds would be no greater than $20/$100K (which contemplated the use of CABs). The recession and the opportunity to obtain near-zero interest Qualified School Construction Bonds (QSCBs) required exceeding $20/$100K AV, which the Board approved after numerous meetings seeking public input. But tax rate and tax impact was a key consideration throughout the seismic bond program. Neither Mr. Titan nor any other citizen proposed Mr. Titan’s idea in 2013 in lieu of CABs. Mr. Titan did not volunteer, or identify anyone else, to run a 2013 campaign seeking voter approval of higher taxes to reduce total interest payments. Nor does Mr. Titan discuss the timing of such a campaign or election, followed by bond authorization and sale, and how it would have meshed with the need to repay the BANs.