Letter to the Editor – Commons raises legal, moral questions; public vote, slower approval urged

Dear Editor,

Three questions for the Yountville Town Council:

1. Do you have the legal authority to approve the financing structure for the Commons project without a public vote (ballot measure)? To date, it has not been publicly discussed that financing for the project will fall outside the constitutional limits on municipal debt under Article 16, Section 18, and Proposition 13. That legal distinction matters and deserves to be addressed publicly.
2.  Do you have the moral authority to commit the town of Yountville to a long-term financial obligation of this scale without a vote by all the residents—particularly given that residents continue to raise concerns and objections?
   • Even if the financing structure does not legally require voter approval, it still creates a long-term financial obligation for which all residents are responsible. Shouldn’t those residents have a direct say in whether they’re willing to take on that responsibility? This is especially important because if projected revenues underperform—including a very predictable decline in TOT—the risk does not disappear—it shifts to future budgets, councils, and residents.
   • On March 3, a date you have already set, the five of you will vote on this project. If all five of you vote “yes,” that means that just 0.15% of the entire population of the town is committing all of us to take on significant long-term financial burden, not to mention the largest public project in Yountville history—one that will almost certainly and permanently change the town. Again, all this, despite unresolved, but frequently articulated, public concerns.
   • Now, imagine that two vote yes and two vote no. To break the tie, one of you — representing just three-hundredths of one percent of the Yountville’s population — would effectively be making this decision for every single resident. Are each one of you prepared to carry that responsibility, knowing there are outstanding legal, financial, and community concerns?
3. You may respond to all this by saying that you were elected to make decisions for the community. That raises a deeper question: How do you distinguish between decisions appropriately delegated to elected officials and those where the scale, financial exposure and impact on the town’s character warrant direct voter approval? What are the criteria you as a council use to make this distinction?
   • Yes, there have been opportunities for public input—but Public Comment is not public discussion. One-on-one meetings are not public discussion. Meetings led and tightly controlled by staff or project consultants are not neutral public forumsEven if the upcoming Feb. 17 study session is treated as another opportunity for input, the March 3 “go date” (set by town staff) leaves an entirely inadequate nine business days for the council and residents to evaluate together a decision with decades-long consequences. It is not logistically possible to do the level of analysis needed in that short timeframe. That tight timing is unacceptable.

Before moving forward, I urge the Town Council to take four procedural steps:

1. If you determine voter approval is not required, place a written legal opinion on the public record explaining why.
2. Do not proceed with any approvals unless and until BAE, KNN, and the Design/Build teams have jointly stress-tested renter demand, achievable rents, financing and interest-rate assumptions, and construction costs—and publicly disclosed the town’s financial exposure if revenues fall short, financing terms worsen, or costs increase.
3. Hire a professional, neutral facilitator for the Feb. 17 meeting.
4. Pause approval until these analyses are completed, presented, and publicly discussed. March 3 is too soon.

This is not about stopping the project. It is about slowing it down to ensure that it rests on a sound legal and ethical foundation and responsible stewardship of public resources. By putting this decision to a vote, the council can accomplish two things, both of which are vital to a thriving community: create new housing and earn lasting public trust through a democratic process.

Carrie Hays
Yountville

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