Lease language languishes

Minimum standards and ground hangar leases were, again, a central topic of discussion during the regularly scheduled meeting of the Saratoga Airport Board at 1 p.m. on Feb. 13 at Saratoga Town Hall. Despite the assurance in January that Tom Thompson, who was recently appointed as the town attorney, would be in attendance at the February meeting of the airport board, Thompson was not present.

As was reported previously, (see “New year takes off” on page 2 of the Jan. 16 Saratoga Sun), town clerk Suzie Cox had informed the board that Thompson had stated that the minimum standards and the leases would be a “quick turnaround” and that he would be at the February meeting.

“This has been in Mr. Thompson’s hands for 60 days. I checked with Suzie yesterday, he’s not responded,” said Ellie Dana, Saratoga Airport Board member. “I have two ideas. One, do we as a board want to contact him directly or two, do we as a board want to have our own attorney look these over?”

The Sun contacted Cox before press time. While she was able to get in touch with Thompson following the meeting, he had informed her that he was not finished with either the minimum standards or the leases.

Other members of the board, specifically Chairman Lance Grubb and town council representative Jon Nelson, stated that they would prefer not to either contact Thompson directly or acquire their own attorney due to legal costs with both options. Nelson informed the rest of the board that he would contact Thompson through Mayor John Zeiger and request that both items be attended to as soon as possible.

Another issue in which the recurring discussion showed up was in regards to the appeal by Andy Van Tol that had been approved during the Feb. 5 Saratoga Town Council meeting. As was reported previously (see “Contracts of contention” on page 24 of the Dec. 19, 2018 Saratoga Sun), Van Tol had raised the concern about signing a new lease when his current lease was effective until the end of 2019.

Following the appeal process, Van Tol was refunded $200 for two years of overpayment on his lease.

“The way that the leases read is that the board and the town absolutely have the authority to change the terms, change the rent rates, change the minimum standards, all of these things,” said Nelson, “but, if you have a five-year term for your lease, just like if I had a five-year term for my lease at my office, the owner of the building can’t come to me in the middle of that term, even if it was a one year lease, he couldn’t come to me in July and say ‘Hey, I’m going to change the rent.’”

During discussion about the appeal process, Dana expressed concern that the airport board had not been notified about Van Tol’s appeal. She added that, other than her happening to talk to both Nelson and Cox, she was unsure if any other member of the board was aware of the appeal or the refund.

“I just want to make sure that, should someone in the future come with an appeal, that we understand, both the board and the town council, how that process will work. I believe, in this particular case, the airport board did not get a chance to express their views,” Dana said.

Nelson informed Dana that, should any future appeal be made to the town council, he would inform the airport board and give them an opportunity to respond to the council.

When the board opened up the meeting to items from the public, Van Tol asked the members of the airport board which version of the minimum standards that the board was enforcing. Dana informed Van Tol that the standards that were being enforced by the board were the ones found on the Town of Saratoga website to which Van Tol replied that multiple copies of the minimum standards were in circulation.

“I hate to open a can of worms here,” said Nelson. “I got your (Dana’s) email, with the minimum standards. That’s what’s on the website. I also got from Suzie the minimum standards, which is not what’s on the website or what you emailed. So, to Andy’s point, there’s conflicting information. If the answer is what’s on the website is what’s being enforced, that’s what’s current, that’s fine. I just wanted to clarify that one is signed and one is not and the insurance requirements are different.”

The minimum standards that are currently found at saratoga.govoffice2.com are signed by, then board chairman, Lee Tromble and dated Jan. 11, 2012. A copy obtained by the Sun in 2018 was unsigned and dated 2011 and is the same version referenced by Nelson.

In the 2011 version of the document, lease holders are required to hold aircraft liability insurance that will cover; bodily injury up to $500,000 for each person and $1 million for each accident as well as $1 million for property damage for each accident.

The 2012 version of the minimum standards, however, put the bodily injury liability at $100,000 and $300,000 for each accident while the property damage was lowered to $100,000 for property damage for each accident.

“I think we can resolve this problem when Mr. Thompson returns to us the things that need to be corrected, we will post that as the current minimum standards because the minimum standards that are on the website are the ones that Suzie told me are current when I was first looking at them,” said Dana. “So, if there’s another version running around, none of them are labeled as to which is which so I don’t know.”

The final issue regarding the leases came in discussion over who had, and hadn’t, made their annual payment. Dana stated that, while Van Tol had been approved by the town council for a refund, he had yet to make his payment for the lease. Back and forth between Dana and Van Tol revealed that he had yet to make his payment since the refund was granted.

“Andy, when you and I talked and I told you that I would get to the bottom of it and we worked it out, you told me you’d make sure you’d get it paid,” Nelson said. “Please, don’t hang me out to dry.”

Van Tol assured Nelson that was not his intent and that he would pay the fee as soon as possible.

Along with discussions about the leases and minimum standards, the board also directed Dave Schultz, with Sage Civil Engineering, to move forward with the paperwork to acquire a commercial tractor with four-wheel drive capability for the purpose of snow removal in the winter, with the capability of cleaning the runway and airport apron during the summer.

The next meeting of the Saratoga Airport Board will be at 1 p.m. on March 13 at the Saratoga Town Hall.