Council presses staff for legal review after developer, HOA disagree on FIDs open‑space conveyance

A contentious segment of the work session focused on an FIDs (open‑space) covenant tied to the Richfield Station planned community. Councilmember Laura said the parcel was promised as open space in exchange for higher intensity development elsewhere in the project, but town staff and the HOA reported they cannot find a formal conveyance document that would compel the developer to transfer the parcel to the HOA or other conservation entity.

The developer (Mike Reffke) told staff his intention was to maintain the parcel in conservation and convey it to the HOA "when finished," but staff and the council said the absence of a binding transfer schedule or recorded bilateral conveyance raises the risk the parcel could remain under developer control. Planning staff and the town attorney (Alyssa) were asked to follow up with the developer's counsel and to prepare a formal legal opinion; council members said the matter may require a closed‑session discussion because of potential legal and negotiation particulars.

Council members urged staff to prioritize the issue, noting that the covenant language references enforcement by the mayor and contemplates conveyance conditional on certain development actions. Staff responded that the covenant by itself does not constitute an automatic transfer and that additional documents between developer and HOA are normally required; staff promised to provide an update after attorney‑to‑attorney follow‑up and to schedule closed‑session briefing if legal analysis indicates it is necessary.