Throughout the history of Prescott, whenever a rancher or landowner wanted to develop houses in the Granite Dells or in other areas of town, the City council often rubberstamped the project with no questions asked. Now there is public pressure, as well as legal considerations before the Council can shove major projects through. Some, like Prescott City Attorney Jon Paladini, simply offer advice that is not based on reality, or even worse, tries to hide facts in order to justify project approval.
Case in point, the AED development in the Granite Dells—one of the biggest, priciest developments in the City’s history—will likely cost Prescott taxpayers well over $40 million in order for the City to meet its requirements. That $40 million price tag triggers Proposition 401. This citizen’s initiative, passed by 81.28% of Prescott voters in 2009, requires citizens to approve any project costing $40 million (or more). Retired judge and attorney Ralph Hess pointed out that the City is beholden to the taxpayers to disclose how much it will be spending to make this AED development happen. Even though officials have been denying they have solid figures, Judge Hess recently wrote a Talk of the Town in The Daily Courier which explicitly shows that claim to be false.
Here’s an excerpt from his opinion piece:
“An attorney asserts the client’s position; and, Mr. Paladini’s client, this Prescott City Council, has routinely opposed citizen participation in decision-making. Rendering an opinion that a citizens’ successful initiative does not apply to the DA is consistent with that opposition. As one who is among those wanting to see this annexation and acquisition of open space approved by a fair and proper process, I respectfully challenge the rationale of Mr. Paladini and the Courier’s editorial.”
Proposition 401 defines a “project,” as “…a group of related activities undertaken for the purpose of performing a … set of functions or creating interrelated infrastructure, including but not limited to:
- The acquisition of land and the design and construction of transportation infrastructure; … or
- The transfer or sale of assets.
As Hess writes:
“The city’s agreement to acquire 270 acres for open space and airport protection, purchase 131 acres for airport expansion, purchase the ‘W parcel’ and an additional 43 acres, acquire rights-of-way for the Granite Crossing, and acquire Yavapai County’s Granite Creek Bridge involve the transfer of city assets (money) for the acquisition of land that will likely require the design and construction of transportation infrastructure (trails, access to trails, parking areas, airport access, etc.). Whether the city would expend any funds to acquire any of this property regardless of this project is immaterial; it is part of this DA’s group of related activities undertaken for the purpose of performing a … set of functions or creating interrelated transportation infrastructure.” Nothing in Prop 401 supports transportation infrastructure being limited to streets and roads.’ ”
Hess asserts that the authorized expenditures already exceed $20 million, and the inclusion of 753 acre-feet of water is valued at another $22.6 million. That’s nearly $43 million. BOOM! Proposition 401 is triggered.
The numbers don’t lie, even if the City Attorney attempts to hide the truth, and the question is, why is the outgoing City attorney so adamant about it anyway? Could it be that he is trying to help re-elect the current mayor? Regardless, per Proposition 401, the City must allow the citizens to vote on the AED deal in the Granite Dells and cannot move forward without their approval.