Prescott Council Delays $22.9M Airport Land Acquisition Vote Amid Director Termination
PRESCOTT, ARIZONA — October 24, 2023

Prescott Council Delays $22.9M Airport Land Acquisition Vote Amid Director Termination

Prescott City Council holds contentious study session on $22.9M airport land acquisition to protect residents from crash zones and meet FAA grant requirements, facing major fiscal trade-offs with fire station funding and revealing recent termination of respected Airport Director Dr. Robin Sabata.

Prescott Council Studies $22.9M Airport Land Acquisition as Shock Termination of Airport Director Roils Fiscal Debate

On October 24, 2023, Prescott City Council held a contentious study session on potential land acquisitions surrounding Ernest A. Love Regional Airport designed to protect residents from aircraft crash zones and comply with FAA grant requirements. The meeting revealed profound fiscal tensions between airport protection and critical public-safety services—and was overshadowed by the abrupt termination of Airport Director Dr. Robin Sabata approximately one hour before the session began.

City Manager Ernest Martin presented a three-scenario financial analysis showing acquisition costs ranging from $22.96 million (if no grants materialize) to $9.1 million (if all anticipated federal and state funds arrive). The scenarios exposed widening fiscal pressure: even in the best case, the city projects a general-fund deficit by 2027, and none of the scenarios include funding for desperately needed fire stations (estimated at $8–10 million construction plus $1.7 million annual operations). The council did not vote on any acquisition; the meeting was designated a study session with direction for staff to continue land-owner negotiations and bring findings back during budget workshops.

Key Speeches

"We need to emphasize Public Safety that is why we're purchasing this property we need to protect the public from the crash zones and it's for the health safety and Welfare of the public under the 10th Amendment of the Constitution we are entrusted with protecting public health safety and Welfare originally back in November of 2017 when this property was annexed when it was originally in the county all the proper zoning was in place for whatever reason I don't know once it was annexed all the zoning was voided and it became one zone SPC specially planned Community which basically gave the developer free reign to put anything anywhere he wanted as a result as your council member I am asked to issue permits for schools churches homes in the crash Zone and legally I have no leg to stand on we all know that morally it's wrong but nothing's been codified in the development agreement we have no zoning so as a result we're having to pay blood money to protect the public." — Cathey Rusing

"I am uh I take my responsibility for the public safety and Welfare of the community really seriously which is why I think that uh engaging in land acquisition at the cost of building a new fire station is fiscally Reckless and destructive to this community." — Mayor Pro Tem Montoya

"the answer to the question is yes reputation and reliability matters we are entitled to entitlements and those entitlements because of the fact that we're a commercial service airport for items that are listed in the AIP handbook and put on the airport Capital Improvement program we are entitled to those as long as we continue to have air service." — Dr. Robin Sabata, Airport Director (speaking as private citizen after termination)

"I'm conflicted as a council member when I ran for uh election many years ago um I took that responsibility very seriously that people were putting their faith and trust in me that I would represent what was important to them what their values were and many months ago I expressed in a meeting where we were discussing airport land acquisition that I felt that the organization that was going to be benefited the most by this was Embry Riddle as has been mentioned they operate an aviation school and there's about 300,000 flights a year under Embry Riddle and yet the city is being settled with a responsibility for land acquisition and I don't agree with that I think this should be a public private partnership." — Council Member Moore

Timeline

Opposition

Number of speakers against land acquisition: None formally registered; however, Council Members Moore, Montoya (Mayor Pro Tem), and Tenny expressed strong reservations during council discussion.

Main concerns:

  1. Fiscal recklessness: Mayor Pro Tem Montoya stated directly that "engaging in land acquisition at the cost of building a new fire station is fiscally Reckless and destructive to this community."

  2. Fire station deferral: Multiple council members noted that the acquisition postpones construction of fire stations urgently needed in rapidly growing north Prescott. Mayor Pro Tem Montoya emphasized that fire stations are a core city function and that the acquisition pushes that obligation "further down the road" indefinitely.

  3. Priority misalignment: Council Member Moore argued that the city's "number one mission" is "the safety and Welfare of our community that we achieve through police and fire protection." He noted that constituents contact him about traffic, roads, water, and basic services—not airport protection—and expressed conflict over raising taxes (via property tax, sales tax, or general obligation bond) for land acquisition when fire and police services are underfunded.

  4. Embry Riddle cost-shifting: Council Member Moore stated that Embry Riddle, which operates 94% of airport flights (300,000 of 320,000 annual operations), should bear a proportionate share of acquisition costs via a public-private partnership rather than shifting the burden to taxpayers.

  5. Grant funding uncertainty: Multiple council members expressed skepticism about state ADOT funding. Mayor Pro Tem Montoya noted that despite 10-year federal planning for Highway 69 expansion, Arizona has not "turned over a shovel full of dirt yet," and Cathey Rusing characterized ADOT funding as a "fat chance."

  6. Tax increases inevitable: Council Member Moore emphasized that borrowing for land acquisition fundamentally means "I want to raise members of this community's taxes I either want to raise it through land property taxes or I want to raise it through TPT sales tax."

  7. Competing council priorities: All three skeptical council members cited competing goals—maintaining low tax burden, competitive employee compensation, improved public-safety response times—that the general fund cannot simultaneously support.

Most compelling argument: Mayor Pro Tem Montoya's observation that the general fund deficit appears by 2027–2028 with or without the land acquisition, meaning the acquisition does not solve the underlying fiscal imbalance but instead delays addressing fire/police needs while incurring debt-service costs.

Organized opposition: None named. However, Deep Well Ranch residents were represented by attorneys for Ron James and Mr. Chamberlain, and Lisa Montgomery spoke on behalf of Deep Well Ranch residents expressing safety concerns.

Support

Number of speakers in favor: None formally registered during public comment; however, Council Members Ring and Siska, and portions of Mayor Pro Tem Montoya and Councilwoman Cantellme's remarks, supported the acquisition as a public-safety and legal obligation.

Main arguments:

  1. Moral and legal obligation: Cathey Rusing stated bluntly that the city is "issuing permits for schools churches homes in the crash Zone and legally I have no leg to stand on we all know that morally it's wrong." The 2017 annexation voided proper zoning and replaced it with "SPC specially planned Community which basically gave the developer free reign"; acquisition is necessary "blood money" to rectify that mistake.

  2. FAA compliance and grant leverage: Dr. Sabata explained that the city, as airport sponsor, is entrusted with meeting grant assurances. She emphasized that "federal agencies really appreciate the fact that you're willing to honor your Grant insurances and they do reward that." She noted the city has secured more grants in five years than in the prior 20 years combined.

  3. Economic significance: Dr. Sabata highlighted that Embry Riddle and the airport together generate approximately $500 million in economic activity for the region. Cathey Rusing noted 150+ documented crashes in the acquisition zones.

  4. Noise abatement and safety: Dr. Sabata explained that one operation occurs every 66 seconds (320,000 ops/year), and open-space land acquisition "threading the needle between the home the sensitive uh users and the new home community" allows voluntary noise-abatement programs to divert aircraft overflights.

  5. Historical precedent: Councilwoman Cantellme recalled the "Friends of the Prescott Airport" group she joined decades ago, when city leaders (including Ron James) recognized the airport's importance and sought expert guidance. She stressed that Dr. Sabata's reputation with the FAA—her ability to "fetch some funding with my little Tin Cup"—has been extraordinary and is tied to her personal credibility.

  6. Addressing past mistakes: Mayor Pro Tem Montoya acknowledged that prior councils negotiated development agreements with "21 conditions that had not been resolved" and deficiencies in zoning, and that the current council "have an obligation to honor contracts and we also have an obligation to make sure we make the best decisions for the community."

  7. Multi-year runway extension benefits: Mayor Pro Tem Montoya explained that the runway extension (via Arizona Ecco Development partnership) addresses "altitude density concerns"—allowing commercial aircraft to take off fully loaded during high-elevation, high-temperature summer conditions and enabling general-aviation and student pilots to gain altitude more quickly, reducing overflight impact on residents.

Organized support: Airport users association (Daryl Auster Miller); Deep Well Ranch residents seeking protection (Lisa Montgomery); planning and zoning commission (5–1 recommendation for Airport Vicinity Overlay).

Project Details

Vote Breakdown

Final: No vote taken; study session only. Cathey Rusing (Mayor) adjourned without a vote, directing staff to continue negotiations and bring findings back during budget workshops.

Attendance: All council members present—Mayor Cathey Rusing, Mayor Pro Tem Montoya, Council Members Lois Fruhwirth, Mary Frederickson, Jim Garing, Patrick Grady, Jay Ruby, Ted Gambogi. (Note: transcript identifies councilwoman as "Cantellme" and council members as "Tenny," "Ring," "Siska," "Moore"; canonical names not provided in brief or roster, so phonetic transcriptions retained.)

Individual votes not applicable.

Outcome & Next Steps

No decision was made during this study session. The council directed staff to:

  1. Continue land-owner negotiations on acquisition pricing and terms.
  2. Monitor grant funding applications (federal bill money, ADOT, discretionary FAA and congressionally directed spending).
  3. Return to the council with updated financial projections and acquisition details during strategic-planning and budget-workshop sessions.

Cathey Rusing requested that Dr. Sabata (now a private citizen following her termination) be invited to future discussions to address FAA reimbursement processes and grant-funding details. No continuance date was specified; the item will be revisited as part of the normal budget-development cycle.

Controversies & Context

Termination of Dr. Robin Sabata

The most immediate controversy was the abrupt termination of Airport Director Dr. Robin Sabata approximately one hour before the study session began. City Manager Martin initially declined to address this during the meeting, stating it was "not pertinent to this discussion." However, Cathey Rusing demanded clarification and ultimately Dr. Sabata was permitted to address council as a private citizen. She provided technical expertise on FAA funding mechanisms and grant assurances.

The termination is notable because Dr. Sabata had been credited by multiple council members and airport advocates with extraordinary grant-writing success: she brought in nearly $52 million in grant funding over her approximately six-year tenure—more than the airport had received in the prior 20 years. Cathey Rusing and Councilwoman Cantellme both emphasized her unique relationships with FAA officials and her reputation as a published expert, suggesting that losing her expertise could impair the city's ability to secure future federal and state funding.

Deep Well Ranch Mapping Error and Appraisal Disputes

In 2021, the city discovered that the crosswind runway impact-zone boundary had been inaccurately drawn, omitting a 75-acre parcel (Deep Well Ranch) from the originally designated protection zones. This error occurred at the time the property was entitled for residential development. Although the mapping was corrected by the consultant, the land had already been sold and development plans were underway. The parcel is now identified as high-priority acquisition because it falls within Impact Zones 2–3 and the 60 DNL noise contour.

Complicating the acquisition, attorneys for land owners Ron James and Mr. Chamberlain are requesting compensation above the appraised value. City Manager Martin and Finance Director Woodfield explained that appraisals ($5.2 million estimated on the parcel) are conservative and subject to negotiation; the difference between summed appraisal values (~$16.77 million) and the $22.96 million total estimate reflects potential above-appraisal settlements, severance damages (when only partial parcels are acquired), and the East Approach three-appraiser process.

Cathey Rusing revealed that Dr. Sabata had uncovered Ordinance 1596 (passed November 28, 2017, when the property was annexed) that explicitly requires the property to be set aside as open space for airport protection. The ordinance suggests that land owners originally agreed to these protections; Ring argued that paying above-appraised rates for land already contractually designated for protection constitutes an inappropriate subsidy.

Competing Fiscal Priorities and Deficit Projections

Finance Director Woodfield presented projections showing that the city's general fund faces a deficit by 2028 under baseline (no land acquisition) conditions. Even in the best-case scenario (Scenario 3, with all anticipated grants), the deficit is merely pushed to 2027. This means the land acquisition does not create a fiscal crisis—it exists independently. However, the scenarios underscore that the city has multiple unfunded capital needs:

Mayor Pro Tem Montoya and Council Member Moore both stressed that the city's primary obligation is police and fire protection, and that without fire-station funding, response times in the rapidly growing north Prescott area (with ~20,000 already-approved residential units and ~20,000 more planned) will degrade.

Development Agreement Deficiencies

Cathey Rusing and Mayor Pro Tem Montoya both pointed to the original 2017 annexation development agreement as the root cause of the current situation. When the property was annexed from the county, proper zoning was in place. However, upon incorporation, that zoning was voided and replaced with "SPC (Specially Planned Community)" designation, which effectively gave developers "free reign" to place schools, churches, and homes anywhere, including crash zones.

Mayor Pro Tem Montoya noted that the Planning and Zoning Commission approved the development agreement with a narrow 4–3 vote despite 21 unresolved conditions. The city now faces the financial and legal consequences. Council Member Siska cautioned against assigning blame to prior councils, but acknowledged that "things should have been asked [in development agreement negotiations]" regarding infrastructure costs that "should have come up in terms of what it was going to impact on these taxpayers."

Grant Funding Uncertainty and State Budget Crisis

Dr. Sabata explained that FAA entitlements (for commercial service airports maintaining air service) are highly reliable, and that federal bill money (Bipartisan Infrastructure Legislation) is "very likely" (99% confidence per Woodfield). However, ADOT funding is characterized as "likely" but uncertain because the state has historically swept aviation funds during budget crises. Mayor Pro Tem Montoya expressed skepticism, noting that despite 10 years of federal planning for Highway 69 expansion through ADOT, Arizona has not yet begun construction.

Woodfield confirmed that Arizona is currently in a budget crisis and that the state legislature may further restrict aviation funding. He also noted that the state has already reduced city revenues through decisions to tax residential rentals "unfairly" and to standardize income-tax rates.

Embry Riddle Cost-Sharing

Council Member Moore raised a fundamental equity concern: Embry Riddle Aeronautical University operates 300,000 of the airport's 320,000 annual operations (94%), yet the city—not the university—is being asked to fund land acquisition to protect the airport's continued operation. Moore argued for a public-private partnership in which Embry Riddle bears some acquisition costs. Neither City Manager Martin nor Dr. Sabata directly addressed whether Embry Riddle might be asked to contribute.

Aircraft Overflight Safety

Lisa Montgomery, a Deep Well Ranch resident, disputed characterizations that community members had not raised airport concerns. She stated that residents use public flight-tracking tools and have documented aircraft flying 50–200 feet above homes, whereas the FAA target is 1,000 feet. She noted two accidents in 2023 and stated that a third accident 100 feet higher "would have been in somebody's backyard." Her testimony underscored the genuine safety fears motivating the acquisition.

Duration

Other Notable Items

None; this study session contained only the airport land-acquisition item.