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Airport negotiates stronger lease
Banner Daily Update Mon. Jan. 7
By Pru Sowers Banner Staff
PROVINCETOWN – A long-simmering dispute between the town and the Cape Cod National Seashore over the legal status of the municipal airport, which is located on CCNS property, appears on the verge of being resolved, according to town and airport officials.
Michael Leger, chairman of the Provincetown Airport Commission, said he had begun talks with George Price, CCNS superintendent, and town manager Sharon Lynn to restructure the legal agreement between the town and the Seashore over the airport’s presence on federally-owned land. The town currently has a long-term special use permit granted by the federal government for use of the property by the airport. Although the permit won’t expire until Dec. 31, 2022, Leger said he wants a stronger legal footing than currently provided by a special use permit, which is typically used for beach parties or other one-time events.
“A special use permit shouldn’t be used for an airport, which is a permanent facility. It should be a memorandum of understanding,” Leger said.
The town had previously tried to negotiate a long-term memo of understanding but talks broke down in January 2004, when the previous CCNS administration asked the airport to grant the Seashore more access to the airport and increase its liability insurance from $2 million to $10 million. Leger said that the cost of a $10 million insurance policy is prohibitive for the town.
“But if we can get our [insurance] carrier to name the Seashore as the beneficiary, it would be OK. I think we can resolve that,” he said.
Price said that negotiations are in the preliminary stage but he has no “philosophical problem” with putting the airport on a stronger legal footing. The question is what type of legal instrument would be the most beneficial to both sides, he said. Those legal instruments might include a lease, a memorandum of understanding or other form of contract.
“The only issue we have, as you can imagine, is airport operations and capital improvements as it effects the resource, which is wetlands. I certainly believe we can come to some resolution. Mike, Sharon and I share the same conviction,” Price said.
The issue of the airport’s legal footing with the Seashore was an issue in the past, putting the approximately $1 million the airport receives in Federal Aviation Authority funding each year at risk. Initially, Leger said, the FAA was unwilling to release the funding to an airport that did not have a long-term lease that ensured continuing operations. However, the FAA has since dropped the lease requirement, accepting instead a long-term special use
For more on this story see the Jan. 10 Provincetown Banner.
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