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Board reviews airport sale/lease terms; attorneys advise clarifying reversion and improvements
Summary
The board discussed a proposed sale/lease of county airport property to a town sponsor; county attorneys and the town representative flagged Department of Aviation policy that the state will not fund improvements on leased (non‑owned) property and asked for precise reversion wording and an infrastructure definition for a 5‑year reversion clause.
Representatives from the town and county attorneys reviewed proposed lease/sale language and a reversion clause for airport property discussed under an agenda item about the Blackstone/airport transaction. The town representative said he had circulated a written note from a Department of Aviation engineer: “Department of Aviation does not participate in leased property or any improvement made on property that is not owned by the sponsor,” and the statement shaped a portion of the discussion about whether to sell or lease the property and how to structure any reversionary interest.
County counsel and a town representative discussed the proposed five‑year reversion clause, how to define "improvements" that would extinguish the county’s reversion rights, and the mechanics of a first‑refusal or reversion payment (county to repay purchase price plus 4% interest if the town fails to perform specified aviation uses). Board members emphasized the need to refine the clause to avoid litigation over ambiguous improvement definitions and confirmed that the transfer would require clean, fee‑simple title and standard deed covenants. The board gave consensus direction allowing the County Administrator to sign the contract after infrastructure language is clarified.
Why it matters: the transaction affects county property management, potential federal/state grant eligibility for the town, and long‑term obligations if the town fails to make specified aviation improvements. The reversion formula, appraisal procedure for first refusal and whether improvements (stormwater/utilities/grading) satisfy the trigger are material legal and fiscal details that the board directed staff and counsel to refine.
Next steps: attorneys and staff will clarify reversion triggers and improvement definitions and present a revised contract for administrative signature once the infrastructure language has been updated; a public hearing process will follow as required by code for the conveyance or sale of public land.
