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HomeMy WebLinkAbout6.9.15 PacketNANTUCKET MEMORIAL AIRPORT COMMISSION June 9, 2015 Agenda 1. Review and Approve: a. Agenda b. 4/9/15 Workshop Minutes c. 5/12/15 Minutes d. Ratify 5/20/15 Warrant e. Ratify 6/3/15 Warrant 2. Public Comment 3.062513-3 Voluntary Noise Compliance Program Update 4. Pending Leases/Contracts as Set Forth on Exhibit 1, which Exhibit is Herein Incorporated by Reference 5. Pending Matters a.042214-2 Formerly Used Defense Site (FUDS) Status b.011315-2 General Fund Repayment Proposal c. Carbon Neutral Program Update 6.022613-2 Master Plan and Sustainability Program Update 7. GA/Admin Building Update a.060915-1 Ratify Change Orders i. PCO #003 Revised ii. PCO #028B 8.060915-2 Ratify Union Contract 7/1/14 – 6/30/17 –Pending 9. MassDOT – Grants a.060915-3 ASMP Grant Award (Vehicle) - $45,396.00 b.090914-2 Security Upgrades Grant Extension c.090914-3 ARFF Truck Grant Extension 10. Manager’s Report a. Other Project Updates b. RFP/Bid Status c. Operations Update d. Statistics e. Hiring Report f. Request for Travel - 8/15-19/15 11. Sub-Committee – Reports 12. Commissioner’s Comments 13. Public Comment 14. Executive Session – G.L. c.30A, §21 (a) a. Review ES minutes of 8/28/12, 9/18/12, 12/4/12, 12/11/12, 2/26/13, 5/28/13, 9/10/13, 9/24/13, 10/8/13, 10/22/13, 11/12/13, 12/10/13, 1/14/14, 2/25/14, 3/11/14, 3/25/14, 4/22/14, 6/24/14, 11/25/14, 2/24/15, 3/10/15 and 4/14/15 for possible release; and 5/12/15 for review and possible release, and b.Clause 3: To discuss strategy with respect to threatened litigation with respect to the completion of the GA Building. The Chair has determined that an open session may have a detrimental effect on the litigation position of the Airport Commission. Public Safety Facility 1st Floor Meeting Room 4 Fairgrounds Road 5:00 PM Town of Nantucket NANTUCKET MEMORIAL AIRPORT 14 Airport Road Nantucket Island, Massachusetts 02554 Thomas M. Rafter, Airport Manager Commissioners Phone: (508) 325-5300 Daniel W. Drake, Chairman Fax: (508) 325-5306 Arthur D. Gasbarro, Vice Chair Anthony G. Bouscaren Andrea N. Planzer Jeanette D. Topham DRAFT AIRPORT COMMISSION WORKSHOP April 9, 2015 The meeting was called to order at 10:36 AM by Chairman Daniel W. Drake with the following Commissioners present: Arthur D. Gasbarro, Vice Chair, Anthony G. Bouscaren, Andrea Planzer and Jeanette D. Topham. The meeting took place in the 1st floor meeting room at the Public Safety Facility, 4 Fairgrounds Rd. Nantucket MA. Airport employees present were: Thomas Rafter, Airport Manager, Jamie Miller, Business & Finance Manager, Noah Karberg, Environmental Coordinator, Mae Williams, Administrative Assistant, and Janine Torres, Office Manager. Town of Nantucket employees present were: Brian Turbitt, Town Finance Director and Lauren Sinatra, Energy Coordinator. Representing Honeywell was Doreen Hamilton, Account Representative, Alisa Montalto, Honeywell Global Finance, Max Lopp, Energy Engineer, and Dan Harsch, Honeywell Global Finance. Participating by phone was Dave Arthur, Volpe, Alex Epstein, Volpe, Chris Willenborg, Director of MassDOT Aeronautics, and Nate Rawding, MassDOT Aeronautics. Mr. Drake announced the meeting was being recorded. This Workshop was to learn about the different financing options of the Carbon Neutral Airport Program (CNAP) presented by Honeywell Global Finance, an Energy Services Independent Financial Resource. Mr. Harsch reviewed the four (4) financing options should the Commission want to move forward with the Carbon Neutral Program: Tax Exempt Lease – Bank or Leasing Company would act as investor. Generally has non- appropriation language therefore is not Town Meeting related. Paperwork for a lease can generally be put together within 30 days. The Tax exempt lease is not Annual Town Meeting related. New Clean Renewable Energy Bonds (CREB) Tax credit bond to investor with lower interest rate to a municipality. Fixed rates when issued. Government opened these bonds on March 5, 2015 with $597 million available. Annual Bond payments are subject to Town Meeting. Advised to use Town Counsel. Airport Commission Minutes 4/14/15 Page 2 of 2 Requires application process on a first come first served basis. Tax Exempt Bonds – Typically lower rates than a tax-exempt lease with longer terms available; however, fees associated and reduces debt capacity. Power Purchase Agreement (PPA) – The solar investor owns the assets and then the power is purchased from them. Proposed Cash Flow spreadsheets were reviewed showing samples of: Combined CREB and Tax exempt lease proposal based on 20 year term – solar assets Tax exempt lease only – non-solar assets. This projects benefits will come from reduced electricity costs, reduced natural gas costs, reduced propane costs, ability to sell renewable energy credits into the current Massachusetts Renewable Energy Credit (REC) market, and credits toward the Airport and perhaps the Town’s electric bill based on the amount of kilowatt hours generated. After 10 years, the Solar Renewable Energy Credit (SREC) go away. Net Metering Coupon (NMC) is the credit on the National Grid Electric bill. Mr. Drake noted $11.2M would be required if we did all the recommended upgrades and $8.2M for just the solar project, plus environmental permitting costs and interconnection agreement. The solar portion was discussed further including additional maintenance costs, size of solar field, timing including deadline for CREB application and location. Honeywell’s recommendation is 2 Megawatt solar field financed with a CREB. Additional information requested Commissioners: Complete list of recommended energy upgrades (Honeywell) Financing mechanism used by Hyannis (DOT) Provide cash flow spreadsheet based on 10-year financing (Honeywell) Research SREC options with Bond Counsel (Turbitt) Re-examine well vs. Town Water (Honeywell) The Sub-Committee agreed to meet to review and make recommendation to the full Commission. Meeting adjourned 12:12 p.m. Respectfully submitted, _________________________________ Janine M. Torres, Recorder Master List of Documents Used 4/9/15 Workshop Agenda Honeywell Financial Overview dated 4/9/15 Town of Nantucket NANTUCKET MEMORIAL AIRPORT 14 Airport Road Nantucket Island, Massachusetts 02554 Thomas M. Rafter, Airport Manager Commissioners Phone: (508) 325-5300 Daniel W. Drake, Chairman Fax: (508) 325-5306 Arthur D. Gasbarro, Vice Chair Anthony G. Bouscaren Andrea N. Planzer DRAFT Jeanette D. Topham AIRPORT COMMISSION MEETING May 12, 2015 The meeting was called to order at 5:00 pm by Acting-Chairman Arthur Gasbarro with the following Commissioners present: Andrea N. Planzer and Jeanette D. Topham. Participating by phone, due to geographical distance, was Daniel Drake, Chairman and Anthony Bouscaren. The meeting took place in the 1st floor meeting room at the Public Safety Facility, 4 Fairgrounds Rd. Nantucket MA. Airport employees present were: Thomas Rafter, Airport Manager, David Sylvia, Compliance Manager, Noah Karberg, Environmental Coordinator, Lara Hanson, Operations Superintendent, FBO and Mae Williams, Administrative Assistant. Mr. Gasbarro announced the meeting was being recorded. Mr. Gasbarro asked for comments on the Agenda. Hearing none, the Agenda was adopted. Ms. Topham made a Motion to approve the 4/14/15 minutes.Second by Ms. Planzer and Passed by the following roll-call vote: Mr. Bouscaren – Aye Mr. Drake – Aye Ms. Topham – Aye Ms. Planzer – Aye Mr. Gasbarro - Aye Mr. Drake made a Motion to ratify the Warrants of 4/22/15 and 5/6/15.Second by Mr. Gasbarro and Passed by the following roll call vote: Mr. Bouscaren – Aye Mr. Drake – Aye Ms. Topham – Aye Ms. Planzer – Aye Mr. Gasbarro – Aye Public Comment None 071514-4 Classification & Compensation Study Mr. Don Jacobs of DIJ Management Consultant Services, presented a Classification and Compensation Study. Mr. Jacobs emphasized this is not a cost of living study. The purpose of Airport Commission Minutes 5/12/15 Page 2 of 6 this study was to make a clear distinction of positions, employee qualifications, and how decisions are made to keep salaries fair, consistent, equitable, and competitive. The Airport Market Study data presented was collected from other airports that are seasonal in nature and/or have high peaking characteristics similar to Nantucket Memorial Airport. The minimum and maximum numbers from the data are guides to establish a hiring range and to retain current employees. Mr. Jacobs recommends developing a plan based on market data, years of service, and performance noting a benchmark survey and a percentage of salary classifications should be done annually. He further recommends that Non-union employees be put in a separate complying classification. He suggested to avoid using steps in relation to years of service but to encourage value and performance. This leaves flexibility to decision makers. Mr. Gasbarro suggested adding years of service and performance criteria to the chart that would help to analyze future data. Mr. Drake proposed that the Personnel Sub-committee meet to make a recommendation to the Commission as to what should be adopted. Mr. Jacobs strongly encourages the Commission to adopt a policy which is key to continuity. Pending Leases and Contracts Mr. Rafter presented the following Leases and Contracts: Atlantic Aeolus Corp –Lease Amendment Three (3) adding an additional 14,832 sq. ft. increasing annual rent to $92,392.00 as well as adding Brant Point Marine as a sub-tenant with annual business fee of $1,500.00 Air Wisconsin Airlines –Seasonal Airline Agreement for $12,000; Annual Business Fee of $1,500 plus Landing Fees. American Airlines –Office Space for American/US Airway affiliates of $6,960.00, Annual Business Fee $1,500.00. Delta Airline –Seasonal Airline Agreement with office space for $18,800; Annual Business Fee of $1,500 plus Landing Fees. Jet Blue Airways –Seasonal Airline Agreement with office space for $38,280; Annual Business Fee of $1,500.00 plus Landing Fees –PENDING PSA Airlines –Seasonal Airline Agreement with office space for $12,000; Annual Business Fee of $1,500 plus Landing Fees. Tradewind Aviation LLC –FBO Building Use Fee for $11,550.00; Annual Business Fee of $1,500 plus Landing & Ramp Fees. Island Airlines LLC –Signatory Airline with office space for $44,360; Annual Business Fee of $1,500 plus Landing Fees –TABLED Rectrix Aerodrome Centers –Operating Agreement as ground handler for Jet Blue for $1,500. Annual Business Fee. Scheidt & Bachmann USA –Contract to Supply and replace damaged exit gate housing $3,663. Greywall Software LLC –Two (2) day on-site Veoci Software Training $3,000. Exelis, Inc.– 3 year Contract for Public View Flight Tracking Software $45,000. Sherwin Industries –Contract to supply Type III glass beads for required airfield markings $32,880. Weston Solutions –Contract for Formerly Used Defense Site (FUDS) Stockpile X Relocation oversight $28,903.00. ENE Systems –Contract for HVAC Systems repair $10,134. ShoreTel, Inc.– Three (3) year Contract for cloud based VoIP Phone System $34,999.00 PENDING Airport Commission Minutes 5/12/15 Page 3 of 6 A brief question and answer period followed with Mr. Rafter reporting that we have been working on improving the processing of leases with the new Veoci software. Mr. Gasbarro addressed the continued chronic non-compliance of Regulatory Rules and suggested a meeting with Island Airlines be set up to initiate discussion regarding Section 9 of the lease. Excluding Island Air, Jet Blue, and Shoretel, Ms. Topham made a Motion to approve the Pending Leases and Contracts on Exhibit 1.Second by Ms. Planzer and Passed by the following roll call vote: Mr. Bouscaren – Aye Mr. Drake – Aye Ms. Topham – Aye Ms. Planzer – Aye Mr. Gasbarro – Aye Pending Matters:Mr. Rafter reported: 042214-2 Formerly Used Defense (FUDS) Site –Tenants have been moved and are operating out of their new site; with the exception of Dutra Landscaping’s greenhouse. The dirt pile move with Weston Solutions has been postponed until after the Federal Aviation Administration (FAA) inspection. At that time, the concrete pad will be removed as well. The amendments with the tenants are still in progress and should be available by the next meeting. 011315-2 General Fund Repayment Proposal –Mr. Brian Turbitt, Town Finance Director has been working with Legal and the Department of Revenue (DOR) to finalize a document. 062513-3 Voluntary Noise Compliance Program – Fly Friendly Noah Karberg- Environmental Coordinator reported preseason changes and notifications: New Public View software, provided by Exelis will be going live via the Airport’s website Friday, May 22, 2015. This product will be our primary compliance auditing tool for all routes. The Fly Friendly brochure is being distributed through Operations and FBO, posted in the pilots lounge, and available on the website. Letters have been sent to frequent users covering Auxiliary Power Unit (APU) compliance and 2015 noise abatement Notice to Airmen (NOTAM). The Portable Noise Monitoring Station will be deployed on Memorial Day weekend. Mr. Karberg will be updating the noise board in the Air Taxi Arrivals area to publicize the Landing Fee Incentive Program and results. Mr. Karberg and Jamie Miller, Business and Finance Manager, have consulted to draft a letter regarding the Landing Fee Incentive Program. He stated it is a good time to review the program and identify changes, to remind tenants of the No Single Engine exemption, and to reiterate the audit policy. Billing, reporting, and invoicing will remain the same. Mr. Karberg read a prepared statement from the Environmental Sub-Committee’s review regarding single engine compliance. Mr. Joe Rose, Chief Pilot for Island Air, addressed the Commission regarding procedures and communication between the Airport, Island Air, and the Air Traffic Control Tower (ATCT). Discussion continued regarding compliance and establishing consistency in the Air Incentive Program. The Environmental Sub-Committee will meet to address the administration of the Program and present it to the Commission at their next meeting. Airport Commission Minutes 5/12/15 Page 4 of 6 022613-2 Master Plan and Sustainability Program Update –Mr. Rafter reported the Financial Feasibility draft from Jacobs Engineering should be available next week. Once reviewed a meeting will be set up for discussion. A final on the Rates & Charges is also anticipated. a. 022415-1 Airport Layout Plan (ALP) -Federal Aviation Administration (FAA) has reviewed and reported the proposed noise wall is not eligible for funding. It will remain on the Airport Layout Plan (ALP). Carbon Neutral Program Update -Mr. Rafter. made a recommendation at the recent Environmental Sub-committee meeting regarding the status of the Carbon Neutral Program. Chris Willenborg, Director of Mass DOT – Aeronautics in conjunction with VOLPE has requested a meeting with the Sub-Committee before the Sub-Committee’s makes their recommendation to the full Commission. GA/Admin Building Update –Mr. Rafter reported the closeout process continues and presented a change order for ratification noting there are two (2) additional change orders that are in the process of being resolved. Ms. Topham made a Motion to ratify Change Order 27 R in the amount of $833.75.Second by Ms. Planzer and Passed by the following roll-call vote: Mr. Bouscaren – Aye Mr. Drake – Aye Ms. Topham – Aye Ms. Planzer – Aye Mr. Gasbarro – Aye Manager’s Report Other Project Updates –Mr. Rafter reported: Security Upgrade Project - The Commercial Ramp light is still outstanding and the interactive training submitted does not meet specifications and is being refused ShoreTel phone system contract is under legal review. Flight Information Display System (FIDS) – two (2) screens are being replaced and a web-based monitor is being installed at the security gate. Runway marking painting has begun with RW 12/30 completed thus far. The State will be painting the Taxiway markings this year. The State has indicated it is unlikely there will be any Airport Safety Management Program (ASMP) grant monies next year. Redesign of the FBO parking lot traffic flow pattern is under review. North Ramp realignment of parking positions has been done. A significant water leak has been detected at the Snow Equipment Building (SRE) and repaired by maintenance. RFP/Bid Status –Mr. Rafter reported: North Ramp reconstruction came in over budget and was renegotiated by Jacobs Engineering to come in under budget. General Contractor bids for the Air Traffic Control Tower (ATCT) are within the budget and references are being checked. Snow Equipment Removal (SRE) Bid for equipment combination of snow blower, plow, and broom came in under bid. Ms. Torres is continuing to work with insurance adjustor for damage in the vestibule this winter as well as fence repairs damage. Tug bids are still in progress. Quotes for Airport Rescue and Fire Fighting (ARFF) training have been received and we are continuing with that process. Airport Commission Minutes 5/12/15 Page 5 of 6 Request for Proposal (RFP) for advertising is nearing completion. Request for Proposal (RFP) for land on Sun Island Road is nearing completion. Operations – Mr. Rafter reported: JetBlue began service on Thursday, May 7, 2015 with an inbound flight of 83 passengers. We were notified by Delta that United will be having a short season: July 2, 2015 thru August 17, 2015. Regulations and Operating requirements are being put together for a Transportation Network Providers; also known as shared rides. Nantucket Wine Festival has met all of the requirements and will be held Friday, May 15, 2015 in Hangar #3. Chamber After Hours Business Event was held in the FBO on Thursday, May 7, 2015 and was well received. Federal Aviation Administration (FAA) Inspection will be Tuesday, June 9, 2015 through Thursday, June 11, 2015. Second group of Firefighters attended hot fire training in Boston during the week of May 4, 2015. Line painting in the FBO parking lot is being done in house as well as new signage being displayed. Taxi issue in the FBO parking lot will be addressed. March Statistics -Mr. Rafter reviewed the March 2015 statistics: Operations are down 10.38% over 3/2014. Year-to-date down 8.51%. Enplanements are down 5.22% over 3/2014. Year-to-date down 3.32%. Jet A gallons sold is down 45% over 3/2014. Year-to-date down .29%. AvGas gallons sold is up 27% over 3/2014. Year-to-date down 4.73%. Freight is up 16% over 3/2014. Year-to-date is down 2.10%. 3 Noise Complaints filed March 2015. Hiring Report – Mr. Rafter reported 6 seasonal employees began May 11, 2015 in Operations with 4 more starting June 1, 2015. The FBO had 1 seasonal employee begin on May 6, 2015 with 2 more starting May 20, 2015. 3 Security Guards and 1 Janitor are returning on May 22, 2015 and 1 seasonal Maintenance person will begin on June 15, 2015. The first tenant in the Thompson House came during the week of May 4, 2015. Sub-Committee Reports Mr. Gasbarro reported the Environmental Sub-committee met and at this time they are not looking favorably on the Carbon Neutral Program but whereas MassDOT has asked them to delay making a formal decision, they will comply. Mr. Rafter added he had spoken with Brian Turbitt, Town Finance Director, regarding finance options who seemed optimistic the numbers might turn out more favorably than anticipated. Further discussion continued regarding Solar Renewable Energy Credit’s (SREC’S) and financial feasibility as well as timing. Mr. Bouscaren shared information he had obtained from people in Hyannis about their opinions on their project. Commissioners Comments Ms. Topham added she had seen the Airport Rescue Fire Fighter (ARFF) trainees after their live burn training and they were very enthusiastic with their experience. Mr. Drake made the observation that on Saturday, May 9, 2015 JetBlue bought jet fuel and while they were on the tarmac for more than an hour, they shut down their engines. He also added the sign by TSA needs to be changed from US Airways to American. Airport Commission Minutes 5/12/15 Page 6 of 6 Public Comment None Having no further business for Open Session Ms. Planzer made a Motion to adjourn into Executive Session, not to return to Open Session, to review the Executive Session minutes as enumerated on the agenda for review and possible release.Second by Ms. Topham and Passed by the following roll- call vote: Mr. Bouscaren – Aye Mr. Drake – Aye Ms. Topham – Aye Ms. Planzer – Aye Mr. Gasbarro – Aye Meeting adjourned at 7:15 pm. Respectfully submitted, ___________________________________ Mae R. Williams, Recorder Master List of Documents Used 5/12/15 Agenda including Exhibit 1 4/14/15 Draft Minutes (Handout) 4/22/15 Warrant Signature Sheet 5/6/15 Warrant Signature Sheet Proposed Classification Plan Characteristic Chart Classification and Compensation Study Summary Report Atlantic Aeolus Amendment #3 Air Wisconsin Airlines 2015 Lease Agreement American Airlines/US Airways 2015 Lease Agreement Delta Airlines 2015 Lease Agreement JetBlue Airways Corporation 2015 Lease Agreement PSA Airlines 2015 Lease Agreement Tradewind Aviation, LLC 2015 Lease Agreement Island Airlines, LLC 2015 Lease Agreement Rectrix Aerodrome Centers, Inc. at HYA 2015 Operating Agreement Scheidt and Bachman USA, Inc. Contract (Exit Gate) Grey Wall Software, LLC Contract Exelis, Inc. Information Systems Contract Sherwin Industries, Inc. Contract Weston Solutions, Inc. Contract (Stockpile Oversight) ENE Systems, Inc. Contract ($14,932) GA/Admin Building Construction Change Orders dated 5/6/15 Fasano Acchione & Associates, LLC Merchants PCO #027A Revised March 2015 Statistics EXHIBIT 1 PENDING LEASES/CONTRACTS/AGREEMENTS June 9, 2015 1 of 2 Type With Amount Other Information Source of Funding Signatory Airline w/ Office Plus $1,500 Annual Business Fee Plus Landing Fees UPS/Fed Ex Freight Operations $1,500 Annual Business Fee Plus Landing & Freight Fees Signatory Airline w/ Office Plus $1,500 Annual Business Fee Plus Landing Fees Catered Beach Events Annual Business Fee Aircraft Charters Annual Business Fee Only Plus Landing Fees Seasonal Airline Agreement w/ Office Plus $1,500 Annual Business Fee Plus Landing Fees Seasonal Airline Agreement w/ Office Plus $1,500 Annual Business Fee Amendment #1 Extend Expiration Date fr. 6/30/15 to 9/30/15 Repair of Exit Gate Housing Lease United Airlines, Inc.($15,920)Income Plus Landing Fees Beach License Agreement Sayle's Seafood ($1,500)Income Lease Island Airlines LLC ($44,360)Income Lease Hyannis Air Service, Inc.($96,480)Income Operating Agreement Wiggins Airways N/A OperatingContract Amendment Scheidt & Bachmann USA Lease Jet Blue Airways Corp ($38,280)Income ($1,500)Income Operating Agreement Nantucket Express ($1,500)Income EXHIBIT 1 PENDING LEASES/CONTRACTS/AGREEMENTS June 9, 2015 2 of 2 Type With Amount Other Information Source of Funding ARFF Truck Inspection & Servicing Cloud Based VoIP Phone System 3 Year Contract Includes T-1 Circuit for Back-Up Contract New England Fire Equipment & Apparatus Corp $7,091 OperatingExpires 6/30/15 $34,999 OperatingContractShoreTel, Inc. Baybutt Previously Reported CO #1 7/20/12 (9,500.00) PCO # 8 5/1/2013 (6,892.57) PCO #9 5/1/2013 (7,969.55) Merchants PCO #10 4/26/2013 (25,572.10) PCO #1 4/3/13 4,024.99 PCO #11 4/30/2013 2,682.62 PCO #2 4/3/13 612.80 PCO #7 6/12/2013 (13,260.00) PCO #4 4/16/13 3,777.72 PCO #13 6/12/2013 5,640.75 PCO #6E 4/23/13 12,436.49 PCO #14 6/12/2013 (10,268.00) Total Pre-Policy Approved COs 11,352.00 PCO #15 6/26/2013 52,133.66 PCO #12 4/25/2013 5,396.00 PCO #16 6/24/2013 9,367.10 PCO #17 6/25/2013 1,250.91 PCO #18 10/17/2013 (950.00) PCO #23 10/17/2013 2,358.01 PCO #27 R 8/29/2013 12,387.51 PCO #28 10/17/2013 2,636.09 PCO #19R 7/7/2014 5,963.31 PCO #20 1/9/2014 1,173.00 PCO #21 1/9/2014 3,059.80 PCO #24R 7/7/2014 3,429.89 PCO 27A Revised 833.75 43,400.18 Original Baybutt Contract 3,819,524.00 Since 5/12/15 "Pre-Policy" Approved Change Orders 11,352.00 PCO 003 revised 12/16/2013 3,052.00 Previosly Approved/Ratified 43,400.18 PCO 028B 1,460.00 Total CO to Ratify $4,512.00 $4,512.00 Total Pending $0.00 Total Net Change Orders a/o 6/9/15 59,264.18 New Contract Total a/o 6/9/15 3,878,788.18 Total new CO > $10K to Approve $0.00 Pending New Contract Total 3,878,788.18 Prior to Liquidated Damages Total since 5/12/15 Pre-Policy Approved Change Orders Pending Change Orders > $10K GA/ADMIN BUILDING CONSTRUCTION CHANGE ORDERS Per Policy Adopted 4/23/13 Change Orders Approved by Manager Previously Approved/Ratified Logan Office Center, One Harborside Drive, Suite 205N East Boston, MA 02128 Tel: 617-412-3680, TDD: 617-973-7306 www.mass.gov/massdotLeading the Nation in Transportation Excellence GRANT ASSURANCES Nantucket Memorial Airport Purchase Maintenance Utility Vehicle ASMP Project No. # ASMP-2015-ACK-9 State Grant No. ACKMAINV A. Definitions. 1. "Aeronautics Division" shall mean the Massachusetts Department of Transportation (MassDOT) Aeronautics Division. 2. "Airport" shall mean the Nantucket Memorial Airport and all appurtenant areas and facilities which are used, or intended for use, for airport buildings, airport facilities, or rights-of-way, together with all buildings and facilities located thereon. 3. "Airport Commission" shall mean the Nantucket Airport Commission with members appointed by the Board of Selectmen, as appropriate pursuant to Section 51 E of Chapter 90 of the General Laws. 4. “Town” shall mean the Town of Nantucket. 5. "FAA" shall mean the Federal Aviation Administration. 6. "Grant" shall mean the Grant Agreements dated 6/3/2015 as amended by these Grant Assurances by and between the Aeronautics Division, the Airport Commission and the Town of Nantucket. 7. "Grant Assurances" shall mean the assurances and certifications contained herein and made by the Airport Commission for the purpose of securing the Aeronautics Division's approval and award of the Grant. 8. "Program" shall mean the investigation and analysis, engineering, consulting, planning, design and construction of the subject project. 9. "Project” shall mean Purchase Maintenance Utility Vehicle and related work included as additional efforts in the Program at the sole discretion of the Aeronautics Division. 10. The project will be conducted upon Airport property as well as outside the Airport boundaries with funding from the Airport Commission and the Aeronautics Division. B. General. 1. These Grant Assurances shall be complied with in the performance of the obligations imposed upon the Airport Commission, the Town and its respective successors pursuant to the Grant. Page 2 2. Upon acceptance of the Grant by the Airport Commission and the execution of the Grant by the Airport Commission, the Town and the Aeronautics Division, these Grant Assurances shall be incorporated in and become a part of the Grant without further reference. C. Duration. 1. The terms and conditions of these Grant Assurances shall take full force and effect on the date the Grant is executed by the Aeronautics Division and shall remain in full force and effect for twenty (20) years from the date of the receipt of funds for this Project by the Airport Commission or from the Aeronautics Division, whichever occurs later. D. Certifications by the Airport Commission 1. The Airport Commission hereby assures and certifies that it will comply with: a. all applicable federal, state and local laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the acceptance, application, and use of state funds for this Project; and b. all applicable federal, state and local laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the custody, care, management and operation of the Airport. 2. The Airport Commission hereby assures and certifies that: a. oversight of the Airport is exclusively held by the Airport Commission and that the Airport Commission has sole custody and control of the Airport pursuant to Chapter 90, Section 51 E of the General Laws; b. the state funds from previous grants from the Aeronautics Division, and the physical assets they produced, were sought by the Airport Commission on the basis that they would ensure the continued fiscal and operational stability of the Airport; c. the state funds from this Grant, and the physical assets they will produce, are sought by the Airport Commission on the basis that they will ensure the continued fiscal and operational stability of the Airport; d. the Airport Commission has the legal authority to apply for, accept, and be bound by this Grant and the understandings and assurances contained therein; e. the Airport Commission has the legal authority to oversee the performance of all of the obligations imposed upon the Airport Commission and the Town by this Grant; f. the Airport Commission, with the acceptance of this Grant, has sufficient state and local funds to finance and carry out this Project; g. the Airport Commission shall submit within thirty (30) days of the date the Aeronautics Division executes this Grant a finance plan with details as to the total Page 3 cost to design and construct the subject project and the sources and amounts of funds the Airport Commission has available to it to pay those costs; h. the Airport Commission shall not take any action which would deprive the Airport Commission of, or otherwise diminish, any of the rights, privileges, responsibilities or powers of the Airport Commission as are necessary to exercise the custody, care and management of the Airport or to perform the terms, conditions, and assurances in this Grant, previous grants and future grants from the Aeronautics Division without the prior written approval of the Aeronautics Division. The Airport Commission will act promptly to acquire, extinguish or modify any outstanding rights or claims of rights of others which would interfere with such performance by the Airport Commission; i. the Airport Commission shall not sell, encumber, other than leasing, or otherwise transfer or dispose of the title to or interests in the physical assets and real property located at the Airport without the prior approval of the Aeronautics Division, which shall not be unduly withheld; j. the Airport Commission shall not eliminate all or any portion of the physical assets and real property previously purchased through a Aeronautics Division grant, located at the Airport without the prior approval of the Aeronautics Division, which shall not be unduly withheld; and k. the Airport Commission has authorized the Chairman of the Airport Commission to execute the Grants and the Grant Assurances on behalf of the Airport Commission and has attached hereto a copy of the Airport Commission meeting minutes, certified by the Secretary of the Airport Commission to be a true copy of said minutes, documenting such authorization. E. Certification of the Chairman of the Board of Selectmen of Nantucket. 1. Notwithstanding any powers that may be granted to the Board of Selectmen of Nantucket the Town agrees not to attempt to reorganize the Airport Commission, or in any way to interfere with the autonomy and authority of the Airport Commission as created under Chapter 90, Section 51E of the General Laws, without the express approval of the Aeronautics Division. 2. The Town assures and certifies that it will take no actions that would interfere with the Airport Commission’s ability to comply with: a. all applicable federal, state and local laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the acceptance, application, and use of state funds for this Project; and b. all applicable federal, state and local laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the custody, care, management and operation of the Airport. 3. The Town hereby assures, certifies and acknowledges that: Page 4 a. notwithstanding any powers, authority of responsibility that may be granted to the Town, it agrees not to interfere unlawfully with the powers, authority and responsibilities granted to the Airport Commission by Chapter 90, Section 51 E of the General Laws; provided, however, that this provision shall not preclude the establishment of a management agreement or agreements between the Airport Commission and the Town to contract for services, resources and skills of the Town offices or any department of the Town; provided further that each such agreement shall not take effect until approved by the Aeronautics Division in writing; b. the state funds from the Grant, and the physical assets they will produce, are sought by the Airport Commission on the basis that they will ensure the continued fiscal and operational stability of the Airport; c. The Airport Commission has the legal authority to apply for and accept this Grant and the understandings and assurances contained therein; d. The Airport Commission has the legal authority to oversee the performance of all the obligations imposed upon the Airport Commission and the Town by this Grant; and e. the Airport Commission, with the acceptance of this Grant, has sufficient state and local funds to finance and carry out this Project. 4. The Town hereby assures and certifies that: a. the Town shall not take or permit any action which would dissolve the Airport Commission or deprive the Airport Commission of any of the rights, privileges, responsibilities or powers of the Airport Commission as are necessary for it to exercise the custody, care and management of the Airport or to perform any or all of the terms, conditions, and assurances in the Grant, previous grants and future grants from the Aeronautics Division without the prior written approval of the Aeronautics Division, and the Town will act promptly to acquire, extinguish or modify any outstanding rights or claims of rights of others which would interfere with such performance by the Airport Commission; b. the Town shall not take any actions which would have the effect of modifying or terminating any of the obligations and responsibilities imposed upon and accepted by the Airport Commission pursuant to this Grant without the prior written approval of the Aeronautics Division; and c. the Town shall not take any action which would have the effect of altering, modifying, expanding, or eliminating all or any portion of the physical assets and real property located at the Airport without the prior written approval of the Aeronautics Division. Page 5 5. The Board of Selectmen hereby assures and certifies that it has authorized their Chairman to execute these Grant Assurances on behalf of the Town and has attached hereto a copy of the meeting minutes, certified by the Secretary to be a true copy of said minutes, documenting such authorization. F. Accounting System, Audit and Record Keeping Requirements. 1. The Airport Commission hereby covenants and agrees to: a. deposit all funds received for this Project into an Airport Commission segregated account and to disburse said funds solely for the purposes for which they were paid; b. keep all Project accounts and records which fully disclose: i) the total cost of the Project. ii) the amount and disposition by the Airport Commission of the proceeds of all grants and other funds received by the Airport Commission for this Project. iii) the amount and nature of the funds supplied by each source for this Project. and, iv) such other financial records as are pertinent to the Project; c. keep all Project accounts and records in accordance with an accounting system that will facilitate an effective financial audit of the Project; and d. upon request, make available to the Aeronautics Division or its designated representative for the purpose of audit and examination, any books, documents, papers, and records of the Airport Commission or Town that is pertinent to the Project. H. Conformity to Plans, Specifications and Aeronautics Division Approvals. 1. The Airport Commission shall execute the Project subject to the plans, specifications, budgets and schedules reviewed and approved by the Aeronautics Division and such other guidance as the Aeronautics Division deems appropriate. All modifications to the approved plans, specifications, budgets and schedules shall also be subject to the review and approval of the Aeronautics Division. 2. The Airport Commission shall provide and maintain competent technical and administrative supervision throughout the duration of the Project to ensure the Project is completed in accordance with the terms of the Grant, these Assurances, the approved plans, specifications, budgets and schedules. I. Airport Operation and Maintenance. 1. The Airport Commission shall operate the Airport for: Page 6 a. the aeronautical benefit of the public using the Airport; b. the uses intended by the Aeronautics Division in the approval of the Airport Certificate; c. the uses intended by the Aeronautics Division in the award of this funding grant; and d. such non-aeronautical uses as are explicitly approved in writing by the FAA and the Aeronautics Division. 2. The Airport Commission shall suitably operate and maintain the Airport and all facilities located thereon or connected therewith with due regard to climatic and flood conditions. The Airport and all facilities which are necessary to serve the aeronautical users of the Airport, other than facilities owned and controlled by the United states, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by federal or state agencies for airport maintenance and operation. 3. Except as provided for in Section I (5) below, the Airport Commission shall not cease to operate, abandon, or dispose of the Airport, or any part thereof, without the prior written consent of the Aeronautics Division. 4. The Airport Commission or the Board of Selectmen of the Town shall not close the Airport or restrict the use of the Airport or any of the facilities located thereon or connected therewith without the prior written permission of the Aeronautics Division. 5. The Airport Commission, the Airport Manager or, in the absence of the Airport Manager, the Assistant Airport Manager, may suspend the operation of the Airport for aeronautical use only during temporary periods when a climatic condition or other condition identified as a reason for suspension of airport operations in applicable federal or state aeronautical laws, rules, regulations, advisories, or orders, interferes with the safe operation and maintenance of the Airport. The Airport Commission, the Airport Manager or, in the absence of the Airport Manager, the Assistant Airport Manager, shall comply with all applicable federal or state aeronautical laws, rules, regulations, advisories, or orders governing said suspension of operations. 6. The obligation to operate the Airport as prescribed above shall run for twenty (20) years from the date of the receipt of funds for this Project by the Airport Commission from the Aeronautics Division. J. Compatible Land Use. 1. The Airport Commission and the Town shall take appropriate action to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the Page 7 Airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. K. Economic Nondiscrimination. 1. The Airport Commission and the Board of Selectmen of the Town shall make the Airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds and classes of aeronautical use. 2. Every agreement, contract, lease or other arrangement under which a right or a privilege is granted to any person, firm, or corporation to conduct or engage in any activity at the Airport, shall require such person, firm, or corporation to conduct or engage in their respective activity(ies) in a fair, reasonable and not unjustly discriminatory manner. 3. Each person, firm, or corporation operating at the Airport shall be subject to the same rates, fees, rentals and other charges as are uniformly applicable to all other persons, firms, or corporations making the same or similar uses of the Airport and utilizing the same or similar facilities. 4. The Airport Commission and Board of Selectmen of the Town shall not exercise or grant any exclusive right or privilege which operates to prevent any person, firm or corporation from providing the same or similar service at the Airport. 5. Subject to the prior written approval of the Aeronautics Division, the Airport Commission may prohibit or limit any given type, kind or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation needs of the public. 6. The Airport Commission shall establish such fair, equal and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport. L. Airport Revenues. 1. The Airport Commission shall maintain a fee and rental structure for all Airport property, facilities and services. Said fee and rental structure shall be constructed so as to make the Airport as self-sustaining as possible under the circumstances existing at the Airport. A copy of said fee and rental structure and any future amendments thereto shall be provided to the Aeronautics Division, upon request. 2. All revenues generated at the Airport and payable to the Airport Commission plus any local taxes on aircraft fuel established after December 30, 1987, shall be deposited in an Page 8 Airport Commission segregated account and expended by the Airport Commission for the capital or operating costs of the Airport. M. Reports and Inspections. 1. The Airport Commission shall, upon reasonable request: a. submit to the Aeronautics Division such annual or special financial and operations reports to the Aeronautics Division; b. make available to the public at reasonable times and places a report of the airport budget in a format satisfactory to the Aeronautics Division; c. make all Airport and Airport Commission records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Aeronautics Division; and d. in a format prescribed by the Aeronautics Division, provide to the Aeronautics Division and make available to the public, not later than one hundred and twenty (120) days following each of its fiscal years, an annual report listing in detail: i. all amounts paid by the Airport to any other unit of government and the purposes for which each such payment was made; and ii. all service and property provided by the Airport to other units of government and the amount of compensation received for providing each such service and property. N. Airport Layout Plan. 1. The Airport Commission shall maintain an up to date Airport Layout Plan (ALP) of the Airport which shall show: a. the boundaries of the Airport and all proposed additions thereto or deletions therefrom, together with the boundaries of all offsite areas owned or controlled by the Airport Commission for Airport purposes and any proposed additions thereto or deletions therefrom; b. the location and nature of all existing and proposed Airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, other buildings and structures, and roads) including all proposed extensions and reductions of existing airport facilities; and c. the location and nature of all existing and proposed non-aviation areas at the Airport and of all existing or proposed improvements located thereon. Page 9 2. The ALP, and each amendment, revision or modification thereof, shall be subject to the approval of the Aeronautics Division, which approval shall be evidenced by the signature of a duly authorized representative of the Aeronautics Division on the face of the ALP. 3. The Airport Commission and/or Board of Selectmen shall not make or permit any changes or alterations in the Airport or any of the facilities at the Airport thereby causing non-conformity with the ALP as approved by the Aeronautics Division and which might, in the opinion of the Aeronautics Division, adversely affect the safety, utility or efficiency of the Airport. If a change or alteration of the Airport or the facilities is made which the Aeronautics Division subsequently determines adversely affects the safety, utility or efficiency of the Airport, the Airport Commission and the Board of Selectmen shall, if requested by the Aeronautics Division: a. eliminate such adverse effect in a manner approved by the Aeronautics Division; or, b. bear all costs of relocating such property (or replacement thereof) to the level of safety, utility, efficiency and cost of operation existing prior to the unapproved change in the Airport or its facilities. O. Civil Rights. 1. The Airport Commission, Board of Selectmen and their respective agents, employees and representatives, shall comply with applicable federal, state, and local laws, regulations, rules and orders to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap, be excluded from participating in any activity conducted with or benefiting from funds received from this Grant. P. Disposal of Land and Airport Facilities. 1. The Airport Commission and Board of Selectmen shall not sell or otherwise transfer or dispose of the title to or interests in the Airport, its facilities, real property or personal property without the prior approval of the Aeronautics Division, which will not be unduly withheld. Q. Foreign Market Restrictions. 1. The Airport Commission and Board of Selectmen shall not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Page 10 R. Future Grants. 1. This Grant is being awarded in the expectation that the Airport Commission will complete the scope of work associated with this Project. 2. The Airport Commission and Board of Selectmen (collectively referred to here as "the local entities") and the Aeronautics Division jointly and severally acknowledge and agree that this Grant is awarded and accepted on the explicit understanding that this Grant and any future grant or grants, anticipated to fund further development of the Airport will have included in its (their) terms a guarantee by the local entities that no part of the assets or income of the Airport, whether presently existing or to be created pursuant to these grants, will be diverted to non-airport uses without the express prior written approval of the Aeronautics Division, the granting of such approval being universally recognized to be considered as highly unlikely. S. Successors. 1. This Grant, as amended by these Assurances, shall be binding upon and shall inure to the benefit of the successors of the parties hereto. IN WITNESS WHEREOF, the Airport Commission and the Chairman of the Board of Selectmen of the Town of Nantucket certify that the information contained herein and attached hereto is accurate and complete and that we agree with the assurances herein, as represented by the signatures of the persons below: Nantucket Airport Commission By:__________________________ Title: Chairman Date: ______________________ I hereby certify that ___________________is the Chairman of the Nantucket Airport Commission and was authorized to execute these Grant Assurances on behalf of the Nantucket Airport Commission by a vote taken on____________, a copy of which is attached and made a part hereof. ____________________________________ Reporting Secretary Chairman of the Board of Selectmen, Town of Nantucket By: __________________________ Date: ________________________ I hereby certify that ____________________ is the Chairman of the Board of Selectmen for the Town of Nantucket and has been authorized to execute these Grant Assurances on behalf of the Town of Nantucket on this day_____________, 20_____. ___________________________________ Town Clerk, Town of Nantucket AGREEMENT Between Town of Nantucket and the Massachusetts Laborers' District Council In behalf of the Nantucket Memorial Airport Employees Of the Laborers’ International Union of North America July 1, 2014 – June 30, 2017 1 TABLE OF CONTENTS PAGE AGREEMENT.............................................................................................................................................. 3 ARTICLE 1 UNION RECOGNITION..................................................................................................... 3 ARTICLE 2 SEASONAL AND CASUAL EMPLOYEES...................................................................... 3 ARTICLE 3 NONDISCRIMINATION.................................................................................................... 4 ARTICLE 4 DISCIPLINE, GRIEVANCE AND ARBITRATION PROCEDURES............................ 4 ARTICLE 5 SENIORITY.......................................................................................................................... 6 ARTICLE 6 PROMOTIONS.................................................................................................................... 7 ARTICLE 7 HOURS OF WORK............................................................................................................. 7 ARTICLE 8 OVERTIME.......................................................................................................................... 8 ARTICLE 9 UNION REPRESENTATIVE............................................................................................. .9 ARTICLE 10 HOLIDAYS....................................................................................................................... 10 ARTICLE 11 VACATIONS.................................................................................................................... 10 ARTICLE 12 SICK LEAVE.................................................................................................................... 11 ARTICLE 13 BEREAVEMENT LEAVE.............................................................................................. 13 ARTICLE 14 INSURANCE .................................................................................................................... 13 ARTICLE 15 RETIREMENT................................................................................................................. 14 ARTICLE 16 MANAGEMENT RIGHTS.............................................................................................. 14 ARTICLE 17 WORKERS COMPENSATION ..................................................................................... 15 ARTICLE 18 NO STRIKE CLAUSE..................................................................................................... 15 ARTICLE 19 DISCIPLINARY NOTICES............................................................................................ 15 ARTICLE 20 PERSONAL LEAVE AND LEAVE OF ABSENCE ..................................................... 15 ARTICLE 21 RAINWEAR. UNIFORMS AND TURNOUT GEAR................................................... 17 ARTICLE 22 JURY DUTY..................................................................................................................... 17 ARTICLE 23 WAGES............................................................................................................................. 18 ARTICLE 24 SHIFT DIFFERENTIAL................................................................................................. 18 ARTICLE 25 LONGEVITY.................................................................................................................... 19 2 ARTICLE 26 UNION CHECK-OFF...................................................................................................... 20 ARTICLE 27 SICK LEAVE BANK....................................................................................................... 21 ARTICLE 28 DURATION OF AGREEMENT..................................................................................... 22 ARTICLE 29 ENTIRE AGREEMENT.................................................................................................. 22 ARTICLE 30 INVALIDITY OF A PROVISION.................................................................................. 22 ARTICLE 31 SEXUALHARASSMENT.................................................................................................22 APPENDIX “A” – WAGE SCHEDULE...................................................................................................24 APPENDIX "B" - RULES AND REGULATIONS GOVERNING EMPLOYEES AT NANTUCKET MEMORIAL AIRPORT............................................................................................................................25 APPENDIX “C” – DRUG AND ALCOHOL POLICY........................................................................... 26 APPENDIX "D" - SEXUAL HARASSMENT POLICY ........................................................................ 27 APPENDIX "E" - SICK LEAVE BANK POLICY AND PROCEDURE..............................................30 3 AGREEMENT THIS AGREEMENT made and entered into by TOWN OF NANTUCKET, NANTUCKET MEMORIAL AIRPORT, NANTUCKET, MASSACHUSETTS, hereinafter referred to as the “EMPLOYER” and LOCAL 1060 OF THE LABORERS’ DISTRICT COUNCIL OF THE LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, hereinafter referred to as the “UNION”, has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment. ARTICLE 1 UNION RECOGNITION 1.1 Unit A: The Employer recognizes the Union as the sole and exclusive bargaining representative for the purposes of establishing wages, hours and other conditions of employment for all employees of the Nantucket Memorial Airport, Town of Nantucket holding the positions of Operations Firefighters, Operations Supervisor, Maintenance/Janitorial, Maintenance with CDL, Maintenance II/Senior Operator, Maintenance Supervisor, Buildings Maintenance Technician, FBO Customer Services Representative, Maintenance I, Maintenance Mechanic, Security Department Office Assistant, and Receptionist, except those employees set forth in Article 2 (2.1), (2.2), and excluding office clerical, supervisory, and professional employees. 1.2 Unit B: The Employer recognizes the Union as the sole and exclusive representative for the purpose of establishing wages, hours and other conditions of emploument for full-time employees of the Nantucket Menorial Airport, Town of Nantucket in the following positions: Maintenance Superintendent; Operations Superintendent/ARFF, Operations Superintendent/FBO. 1.3 Excluded from all Units are all other official clerical, supervisory and professional employees including, without limitation, the Airport Manager, Security Director, Business Manager, Environmental Coordinator and Compliance Manager, Office Manager, Finance Assistant and Administrative Assistant. ARTICLE 2 SEASONAL AND CASUAL EMPLOYEES 2.1 SEASONAL EMPLOYEES: Those employees hired to work for six (6) months or less performing short-term or seasonal duties shall not be subject to the collective bargaining agreement. 2.2 CASUAL EMPLOYEES: 4 Casual employees shall be those employees hired in excess of the regular crew for emergency, fill-in or other irregular work. Casual employees shall not be subject to this collective bargaining agreement. ARTICLE 3 NONDISCRIMINATION There shall be no discrimination by the Employer against any employee in the bargaining unit, as herein described because of membership in the union. The Employer and the Union agree not to discriminate against any individual with respect to hiring, compensation, and other terms and conditions of employment because of such individual's race, color, religion, sex, national origin, or age, nor will they limit, segregate or classify employees in any way to deprive any individual of employment opportunities because of race, color, religion, sex, national origin, or age. ARTICLE 4 DISCIPLINE, GRIEVANCE AND ARBITRATION PROCEDURES 4.1 When an infraction occurs, the supervisor will notify the employee and the department head within five (5) working days of the infraction. The steps in the progressive discipline process are as follows, each step to be signed off by the employee to acknowledge receipt only but not to acknowledge guilt. a)Counseling.The supervisor will meet with the employee to provide prompt recognition of a problem and suggestions for correction in an effort to eliminate the need for further discipline. If counseling does not correct the problem, the supervisor is expected to continue addressing the problem through verbal warning, written warning(s), and, if warranted, discharge. Severe infractions such as insubordination, safety violations, racial or sexual misbehavior should go directly to a written warning or stronger discipline. b)Verbal Warning(s).The supervisor shall describe to the employee the actions or behaviors that are unacceptable, the changes expected, and the consequences if the employee fails to respond positively. The supervisor shall document this discussion. c)Written Warning(s). If improvement does not occur within a reasonable amount of time, the supervisor shall issue a written warning to the employee describing the actions or behaviors that are unacceptable, the changes expected, the corrective actions and the timetable required, and the consequences, including discharge, if improvement does not occur. A copy of the written warning notice, signed by the 5 employee and the supervisor, should be placed in the employee's file. In the event that the employee shall refuse to sign an acknowledgment of receipt, the Airport Manager shall note that fact on the document and place it in the employee’s personnel file. d)Suspension.An employee can be suspended for just cause. e)Discharge.If all the steps in the disciplinary process have taken place, reasonable time for improvement has been given, and there has been no improvement, discharge may occur. Notwithstanding the foregoing, discipline may be instituted at any stage of the disciplinary scale, depending on the nature of the offense. 4.2 GRIEVANCE PROCEDURE: A grievance is a dispute between the parties or between the Employer and an employee pertaining to the interpretation and/or application of this agreement. a)Whenever any employee has a grievance, the following procedure shall be followed: Step 1. The employee involved and/or the Union representative shall first discuss the matter with the department head, not later than 3 working days after the incident giving rise to the grievance or complaint occurs. A serious effort shall be made to resolve the problem at that time. Step 2. If a satisfactory adjustment cannot be made between the employee and the department head, the employee and/or the Union representative shall, within 10 working days from the date of the discussion in Step 1, prepare a signed statement, and submit it to the Airport Manager. This statement must also contain a signed statement that the matter has been taken up with the department head. Step 3. The Union will then present the matter to the Airport Manager or his representative. The Airport Manager will provide his answer in writing within 10 working days of the submission of the signed statement set forth in Step 2. Step 4. A decision of the Airport Manager can similarly be appealed within ten (10) working days to the Airport Commission. b)In the event of any failure to comply with the provisions of this article, the grievance shall be dismissed and shall not be valid under this grievance procedure. Time limits may be extended by mutual written agreement. 6 4.3 ARBITRATION PROCEDURE: 4.3.1 Should a grievance not be resolved in the grievance procedure, the Union may submit the grievance for arbitration no later than 30 calendar days following the Employer's response or failure to respond in the last Step of the grievance procedure. Only the Union and the Employer may submit grievances to arbitration. In the case of a Employer grievance, it shall be initiated at Step 3 of the grievance procedure. The Arbitrator shall have no jurisdiction to hear or decide any grievance not submitted within the time limits herein provided. 4.3.2 The submission to Arbitration by either party shall be written notice to the other and shall have attached thereto the written grievance. 4.3.3 If the parties' representatives cannot mutually agree on an Arbitrator within ten (10) working days after the notice to arbitrate, the grieving party may request a panel of arbitrators from the American Arbitration Association and in all other cases may request a panel of arbitrators from the American Arbitration Association or the Department of Labor Relations as mutually agreed upon by both parties, from which the Arbitrator will be selected under the selection procedures then in force at the Association. 4.3.4 Each side shall bear its own expenses of arbitration except that the fees and expenses of the Arbitrator shall be borne equally. 4.3.5 The Arbitrator shall have no power to add to, or subtract from, or alter or amend any provision of this Agreement. 4.3.6 Issues subject to any other statutory right of appeal shall not be the subject of grievance or arbitration under this Agreement. Grievances remaining unsettled after having been fully processed pursuant to the provisions of this Article 4 shall be submitted to a single Arbitrator from the list of the AMERICAN ARBITRATION ASSOCIATION or the MASSACHUSETTS BOARD OF CONCILIATION as mutually agreed by both parties, and the matter shall be arbitrated in accordance with the rules of the American Arbitration Association. The matter shall be submitted for adjudication under this Article (4.3) upon the request of the Union, the Employer, or both, but not by an individual employee, provided such request is made within 30 working days after decision of the Employer or of the Union has been given to the other party (4.1). The Employer shall have equal rights with the Union to initiate appeal or arbitration procedures Under the Agreement, and may refer to appeal or Arbitration any controversy, which divides the parties. The cost of the Arbitrator and cost of the submission fees shall be borne equally by the Employer and the Union. The decision of the Arbitrator shall be final and binding upon both parties, however, the Arbitrator shall not have the power to add to, subtract from or modify any of the terms of this Agreement. 7 ARTICLE 5 SENIORITY 5.1 PROBATIONARY PERIOD. All new employees shall be hired on a three hundred and sixty (360) calendar day probationary period and shall work under the provisions of this Agreement, within which time they may be dismissed without recourse by the Union. 5.2 In the event of a layoff, regular full-time employees shall be laid off in order of seniority within a given classification. Recall shall be in the inverse order of layoff within a given classification. All part-time, seasonal or emergency employees shall be laid off before full-time employees. 5.3 Only regular full-time employees shall accrue seniority. Seniority shall be defined as the regular full-time employees' length of continuous service for the Town of Nantucket Memorial Airport, commencing with the date he/she was hired as a regular full-time employee excluding all time that he/she may have worked as a part-time or as a temporary or as a casual employee. All seniority established for regular full-time employees as of the signing of this Agreement shall be established seniority for employees. With respect to any regular, full -time employee hired July 1, 1980 or thereafter, in cases where two (2) or more regular full-times are hired on the same day, seniority shall be determined by the first initial of the last name in such case, whichever full-time employees' initial comes first shall have the greater seniority. Seniority shall be lost and employment will automatically terminate in the event of a break in the regular employee's service with the employer, caused by any of the following: a. Discharge. b. Voluntary quit. c. Failure to return to work on the employee's first scheduled work day after the expiration of any leave of absence unless for good cause, substantiated in writing as beyond the control of the employee. d.Layoff for lack of work for more than twelve (12) consecutive months. e.Physical and/or mental disability which creates an inability to perform all of the duties required of an employee for twelve (12) consecutive months. Seniority shall not be lost and employment shall not automatically terminate in the event of a break in service due to an employee’s military service. 8 ARTICLE 6 PROMOTIONS 6.1 Job openings to a higher paying job within the classifications of work covered by this Agreement shall be filled as follows: such job openings shall be posted for a period of five (5) days. All non-probationary employees shall have an opportunity to apply for promotion. If no employee has the necessary qualifications to perform the required work, the Employer may fill the position from outside the bargaining unit. 6.2 Lateral Transfers – Present qualified bargaining unit employees will be offered first choice. If no qualified bargaining unit employees apply, Management, at their discretion, shall fill the job from other sources. These powers shall not be used arbitrarily or capriciously. ARTICLE 7 HOURS OF WORK 7.1 The regular work week for employees covered by this Agreement, excluding part-time employees, shall consist of five (5) consecutive, eight (8) hour days, Monday through Sunday inclusive, to be followed by two (2) consecutive days off. In the event of emergencies, snow storms, Acts of God, etc. the normal hours of work as set forth herein may be extended. 7.2 Except in the case of emergency or State or Federal Regulatory changes, an employee shall be given a two (2) week (14 days) notice prior to a shift change. 7.3 The Employer shall have the right to determine the number of shifts reasonably necessary to operate the airport. 7.4 Regular, permanent full-time employees shall be entitled to two (2) consecutive days off during a workweek. 7.5 Employees shall be scheduled to work having a minimum of eight (8) hours between each shift scheduled. 7.6 All employees are required to punch in and punch out on time clocks for work. If an employee punches in late for work, a supervisor must sign off on the timecard, and the employee shall be paid only for time worked. Lateness shall constitute a ground for discipline. 7.7 Management shall reimburse employees for any fees plus reasonable travel expenses directly related to obtaining any special licenses or certificates that are required to operate airport equipment or to provide safety when license or qualification is issued. 9 ARTICLE 8 OVERTIME 8.1 A regular Employee called back to work on the same day after having completed his assigned work day and left his place of employment, and before his next regularly scheduled starting time, shall be paid at the rate of time and one-half (1 ½) hours worked outside of his regular shift on recall. Recall Guarantee shall be: On-call Designee ………………...One (1) hour Before Midnight……………….…Two (2) hours After Midnight to 7:00 a.m……… Three (3) hours, provided recall is worked outside of employee’s regular shift. There shall be no pyramiding of overtime. (Overtime is counted as additional hours worked per day only and will not be counted as additional hours worked per normal work week.) 8.2 All time worked in excess of forty (40) hours in any one (1) week shall be paid for as overtime at the rate of time and one-half (1 ½) the employee’s regular, straight time, hourly rate of pay (Article 24). Hours worked do not include, vacation, sick time and other paid leave, excluding holidays; provided, however, that the Union and the Airport Manager can mutually agree to the payment of overtime in a pay period in which an employee has taken paid leave time. 8.3 In the event a regular, full-time employee is absent from his work one (1) day or more, the Employer may fill such position temporarily. The Employer shall first give the regular full-time employee(s), who are not working that day and who are available for work, the opportunity to perform such work. 8.4 Employees required to work on Sunday, except those normally scheduled to work on Sunday, shall be paid time and one-half (1 ½) their regular straight time hourly rate of pay (Article 24) for all hours worked that day. There shall be no pyramiding of overtime. 8.5 There shall be no change in the workweek to avoid payment of overtime. 8.6 Overtime shall be divided as equally as possible among those employees within the particular department. 8.7 Overtime shall be granted by seniority in rotation except, when overtime has been twice consecutively refused by an employee. That employee's name shall be placed last in rotation. 8.8 In the event that an insufficient number of employees within a classification voluntarily accept the assignment of overtime, management may direct and require employees to perform the work. 10 8.9 COMPENSATORY TIME. In lieu of overtime pay, a regular, permanent full-time employee who has worked in excess of forty (40) hours shall have the option of compensatory time at the rate of one and one-half hours(1 ½) for each hour worked over forty (40) hours, as approved by Management. Compensatory time off can be accumulated up to forty (40) hours total in any one (1) calendar year. Use of Compensatory time must be scheduled two (2) weeks in advance. Failure to approve overtime is not arbitrable. Compensatory time must be used within the same calendar year as it is accrued and may not be carried over beyond three (3) months of the calendar year following ther calenday year in which it was accrued. If an employee is not allowed by management to use compensatory time, the employee shall be paid for any compensatory time which would otherwise be lost. 8.10 Employees will receive a montly accounting of their accrued compensatory balance. ARTICLE 9 UNION REPRESENTATIVE 9.1 Any Steward selected, shall be a regular employee of the Employer from the bargaining unit covered by this Agreement. The Union shall immediately notify the Employer in writing of the selected Steward. The Union shall also notify the Employer as to the officers of the Union. 9.2 The Steward and/or any other Union officer, upon reasonable notice, may be excused from duty with pay for the purpose of meeting with employees to assist in Union matters so long as such time does not result in overtime. ARTICLE 10 HOLIDAYS 10.1 The following State legal holidays shall be paid holidays and regular employees shall be entitled to holiday pay (10.2), if such employees work on the regular scheduled workday before and after the holiday and on the day of the holiday, if scheduled: New Year’s Day Labor Day Martin Luther King Day Columbus Day Veterans Day President’s Day Patriots Day Thanksgiving Day Memorial Day Christmas Day Independence Day * ½ day shift before New Year’s Day with prior approval * ½ day before Christmas Day with prior approval 10.2 Regular full-time employees shall be entitled to be paid for eight (8) hours, or four 11 (4) hours, whichever is applicable, at their straight time hourly rate of pay (10.1). 10.3 Employees who work on the holiday, or day celebrated as such, shall be paid for all hours worked at time and one-half (1 ½) their straight time hourly rate of pay. 10.4 To be entitled to holiday pay for the above-mentioned holidays, all employees must have completed ninety (90) calendar days of full-time employment. 10.5 No holiday pay if a Personal Day is taken before or after a holiday unless twenty – four (24) hours prior approval by a Airport Manager. ARTICLE 11 VACATIONS 11.1 All regular, full-time employees with one (1) year of continuous service with the Nantucket Memorial Airport, but who have not completed five (5) years of continuous service, shall be entitled to two (2) weeks vacation with vacation pay at their regular straight time hourly rate of pay (80 hours, 24.1). Such leave is earned and credited at .833 days per month for accounting purposes. One (1) week of this accrued vacation, with vacation pay, may be taken after six (6) months of continuous service with the Employer. 11.2 Regular, full-time Employees who have completed five (5) years of continuous service with the Nantucket Memorial Airport, shall be entitled to three (3) weeks vacation with vacation pay, at their regular straight time hourly rate of pay (120 hours, 24.1). Such leave is earned and credited at 1.25 days per month. 11.3 Regular, full-time Employees who have completed ten (10) years and over of continuous service with the Nantucket Memorial Airport, shall be entitled to four (4) weeks vacation with pay at their regular straight time hourly rate of pay (160 hours, 24.1) Such leave is earned and credited at 1.667 days per month for accounting purposes. 11.4 ANNIVERSARY DATE OF EMPLOYMENT: Years of employment for vacations shall be based upon the anniversary date employee was hired as a regular full- time employee, excluding all service worked as a seasonal, emergency, or part-time employee; and all service that has not been continuous without interruption. Any employee who leaves the department for other work, and is later rehired as a regular full- time employee, his anniversary year shall commence as of the new date of rehire. Anniversary year shall continue each succeeding year thereafter, providing service remains continuous and uninterrupted. All permanent employees shall be entitled to vacation each year on the following basis: Length of Service Vacation Allowance 12 After 1 year, but less than 5 years 10 work days at .833 days per month After 5 years, but less than 10 years 15 work days at 1.25 days per month After 10 years, but less than 15 years 20 work days at 1.67 days per month After 15 years 25 work days at 2.08 days per month 11.5 Any regular, permanent full-time employee shall be able to take not more than six (6) accrued days and carry those days to the next year to be used. 11.6 Vacations, or other time off, shall be granted by the department head at such time as, in its opinion, will cause the least interference with the performance of the regular work of the department. Vacations shall be scheduled at least fourteen (14) days in advance so as to allow for adjustment of the posted schedule to cover the planned absence. 11.7 Employees shall be given a montly accrual of vacation time used and balance remaining. ARTICLE 12 SICK LEAVE 12.1 Sick leave is provided to give relief to those workers who are genuinely ill. It is not intended nor shall it be used to extend vacations or other time away from work. 12.2 All regular full-time employees covered by this Agreement shall earn one and one-quarter (1 ¼) days' sick leave for each month worked (including vacation weeks), but not to exceed fifteen (15) days leave per year. 12.3 If the fifteen (15) days earned sick leave is not used in any particular year, it shall be allowed to accumulate to a maximum of one hundred eighty (180) days. Only regular working days shall be counted in computing sick leave. 12.4 Any employee hired before July 1, 2014 with five (5) years continued service shall be paid one-half (1/2) of sick time accrued, not to exceed ninety (90) days at his/her retirement, and any employee with at least ten (10) years of continued service shall be paid seventy percent (70%) of his/her accumulated sick leave, up to a maximum of one hundred and eighty (180) days at his/her date of retirement or resignation. 12.5 Sick leave shall be accrued and paid at the hourly rate of pay then in existence when the employee is eligible to receive sick pay. 12.6 Employees who are absent because of sickness or accident for a period of more than three days shall be required to present a doctors certificate to their Department Head, stating the reason and the period of time the employee will be absent from work. 13 12.7 Overtime shall not be scheduled or paid in the same week when sick days have been taken, except in an emergency or when approved by Management, in writing, in advance. 12.8 Any employee who is known to work at any other employment while on medical (sick) leave or personal day is subject to disciplinary action up to and including termination. 12.9 Habitual use of sick leave to extend weekends or other time off is prima-facie evidence of abuse and is subject to disciplinary action. 12.10 Employees working for others who are filling a base rate (40 hour) shift, shall be paid at base rate. 12.11 Employees hired after July 1, 2014 shall be paid fifty percent (50%) of their unused accumulated sick leave upon retirement or resignation, provided the employee has a minimum of ten (10) years of service and retires in accordance with the requirements of the Barnstable County Retirement Board. In the event of the death of a qualified employee, payment shall be to the estate. 12.12 Employees become eligible for sick benefits after ninety (90) days of employment unless otherwise approved by management. 12.13 The Employer will buy back from the employee forty (40) hours of the current years unused sick time prior to the employee’s new anniversary year at the employee’s current rate of pay. ARTICLE 13 BEREAVEMENT LEAVE 13.1 FUNERAL ON THE ISLAND: In the event a death occurs in the regular employee's immediate family: (i.e.) spouse, children, mother, father, mother-in-law, father-in-law, grandparents, brother, sister, brother-in-law, and sister-in-law, regular employee will be paid up to a maximum of three (3) days at their regular straight time hourly rate of pay (24.1) to attend wake, funeral or memorial service, provided the wake, funeral or memorial service fall on regular working day(s), and further provided, that the employee actually attends the wake, funeral or memorial service. 13.2 FUNERAL OFF THE ISLAND: In the event a death occurs in the regular employee's immediate family (13.1), regular employee will be paid up to a maximum of five (5) days at their regular straight time hourly rate of pay (24.1) to attend the wake, funeral or memorial service, provided 14 the wake, funeral or memorial service fall on regular working day(s), and further provided, that the employee actually attends the wake, funeral or memorial service. 13.3 Foster or adopted relationships of children, mother, father, grandparents, brother, sister, shall be covered as set forth in (13.1), (13.2). 13.4 In the event more than one (1) member of a family passes away at the same time, and the funerals fall within the same period of time then only one (1) Bereavement Leave Pay will be awarded under this Article. ARTICLE 14 INSURANCE 14.1 The Employer agrees to pay eighty percent (80%) of the Blue Cross-Blue Shield Master Medical Plan health insurance premium for those regular employees who are participating in said plan. The Employer agrees to also offer the Blue Care Elect Preferred Provider Plan as an alternative to the Master Medical Plan. The Employer agrees to pay ninety percent (90%) of the cost of the Blue Care Elect Plan, individual or family coverage, for those regular employees who are participating in said plan. 14.2 The Employer shall continue to provide health insurance in accordance with the provisions of M.G.L., Chapter 32B. Changes shall be made in accordance with Chapter 32B and Chapter 150E. The parties agree, by mutual agreement, that at any time during the term of the Agreement to reopen Article 14 for the negotiation of health insurance benefits. 14.3 DENTAL PLAN: The Employer shall make available a dental plan for all regular, fulltime employees as is available to other Town employees. Said plan shall be funded without additional cost to the Airport. Premiums, if any, will be deducted from employee pay. ARTICLE 15 RETIREMENT 15.1 The Employer agrees to continue to maintain the present retirement plan for the Regular Employees. 15 ARTICLE 16 MANAGEMENT RIGHTS 16.1 It is agreed that nothing in this Agreement shall limit the Employer in the exercise of its function of management, such as the right to hire new employees from any source it may decide, establish and change working schedules, determine the number of employees required, direct the working force, promote, transfer, discipline, suspend or discharge, including but not limited to: failure to meet working standards, incompetence, contract violations, unexcused absence, use of intoxicating beverage, use of narcotics, theft, dishonesty, violation of safety standards, insubordination, failure to observe Employer Rules and Regulations (attached hereto and made a part hereof as Appendix “B”), to determine the number of employees required and hours of employment for such employees, to lay off employees for lack of work, shall without interference, determine the number and type of vehicular equipment to be operated, and shall conduct random drug and alcohol tests to determine fitness for duty in accordance with requirements of the CDL License. The right to maintain order and efficiency is the sole responsibility of management. It is further agreed, that this enumeration of management rights shall not be deemed to exclude other rights not herein enumerated, except where any such rights are specifically modified or abridged by the terms of this Agreement. ARTICLE 17 WORKERS COMPENSATION 17.1 The Employer agrees to continue to maintain the present workers compensation coverage. \ ARTICLE 18 NO STRIKE CLAUSE 18.1 During the term of this Agreement it is agreed by and between the parties hereto, that there will be no strikes, lockouts, work stoppages, slowdowns, picketing on Airport property, disturbances, sick-outs, or withholding of service of any nature. 18.2 The Employer shall have the right to take disciplinary action, including discharge, against employees who violate Section 18.1. In any grievance involving the discipline of an employee on account of participation in or responsibility for activity which violates Section 18.1, the arbitrator shall be limited to deciding whether the grievant did so participate or was so responsible. If he determines that the grievant did so participate or was so responsible, he shall deny the grievance. 18.3 The Union, its officers and its stewards, shall within twenty-four (24) hours of notification by the Employer publicly make known that the action or violation of this Article is an unauthorized action on the part of the employee(s); and shall properly order the employee(s) to return to work and shall use every reasonable effort to see that termination of any such action is immediate. 16 ARTICLE 19 DISCIPLINARY NOTICES 19.1 Written notices of warnings or disciplinary action shall remain in the active file of the employee for a period of twelve (12) months from the date of the infraction, provided that the employee receives no further discipline during the twelve (12) month period. ARTICLE 20 PERSONAL LEAVE AND LEAVE OF ABSENCE 20.1 A leave of absence may be granted to full-time employees who have completed two (2) years of employment. Such leaves must set forth: a.Specific reason for granting such leave, b.length of time which shall be a minimum of thirty (30) days, c.Expiration of such leave 20.2 Employees covered by this Agreement shall be allowed three (3) personal days per year after one year of full time employment. However, the third (3rd) personal day shall be deducted from the employees sick time and therefore, will only be approved if such sick time is available. The third (3rd) personal day may be used in two (2) separate four (4) hour increments so long as the sick time is available. 20.3 A leave of absence shall be without pay or other benefits under this Agreement, but without loss of seniority. However, any employee who is proven to have been employed elsewhere during a permitted leave of absence, except for those leaves granted for military service, or fails to report back to work after the granted leave of absence, shall be considered as having terminated his employment with the Employer along with all rights of seniority. 20.4 FAMILY AND MEDICAL LEAVE : 1. Eligibility - An employee employed by the Airport for at least twelve (12) months, who has worked at least 1,250 hours during the twelve (12) month period immediately preceding a leave under this section, may take up to twelve (12) workweeks of unpaid leave [(during the calendar year); (during the Fiscal Year); (per twelve (12) month period measured from the date that an employee's first leave begins); or (per twelve (12) month period measured backward from the date an employee uses any leave)] for any one or more of the following reasons: a.The birth of the employee's child, and in order to care for the newborn child; b.The placement of a child with the employee for adoption or foster care; c.The need to care for the employee's spouse, child or parent who has a serious health condition; 17 d.The employee's own serious health condition that renders the employee unable to perform the functions of his or her job. 2. Certification - An employee shall provide certification from a health care provider to substantiate any leave due to the serious health condition of the employee or the employee's immediate family member. Failure to provide such certification will result in a denial of the leave request until the employee provides the requested certification. 3. Notice - In order to plan for the provision of quality uninterrupted services to clients, the employee seeking leave must notify the Airport Management at least thirty (30) days prior to any anticipated leave. If the need for leave is not foreseeable, the employee must give notice as soon as practicable. Failure to provide such advance notice will result in a denial of the leave request until thirty (30) days after the notice is provided. 4. Group Health Plan Coverage - The Airport will continue its contributions to group health plan insurance for an employee who is out on family or medical leave. The employee must continue to pay his or her share of such premium during the leave period. Payment can be made to the Airport Management in advance for the anticipated absence or weekly in advance. Any amount more than thirty (30) days in arrears shall cause cessation of payments by the Airport and cancellation of coverage. 5. Use of Accrued Vacation, Personal and Sick Time - An employee on family or medical leave must use any accrued vacation and personal time while on such leave. An employee on family or medical leave for reasons set forth in 20.4(1) a b, or c may use any accrued sick time while on such leave. An employee who is on medical leave for the reasons stated in 20.4(1) d must use any accrued sick time while on such leave. 6. Reinstatement - At the end of a family or medical leave an employee shall be restored to his or her former position, if available, or to a similar position elsewhere in the Airport, with the same pay, benefits and working conditions as of the date of the employee's leave, as economic conditions warrant. The employee's right to be restored is limited to what the employee's job would have been if he or she had not taken leave. Prior to restoration, an employee who takes a medical leave for the reasons set forth in 20.3 (d) must obtain and present certification from a health care provider that the employee is able to resume work. Failure to provide such certification will result in a denial of restoration until the employee provides the requested certification. ARTICLE 21 RAINWEAR, UNIFORMS AND TURNOUT GEAR 21.1 The Employer agrees to supply adequate foul weather clothing which must remain at the Employers place of business, when not being used on the job. 21.2 The Airport will also provide uniforms for each person, including boots, which must he worn at all times while on duty. FBO staff is excluded from requiring boots. 18 a.No non-Uniform clothing is to be worn at any time while on duty without supervisor’s approval. b.Uniform, clothing allowance- The Airport Manager, or his designated representative, shall be responsible for issuing articles of clothing and accessories to each regular, permanent full-time employee, who shall have a drawing allowance up to seven hundred dollars ($700.00) for each fiscal year of this contract. This allowance shall not be cumulative from year to year and will be used to replace items that have been worn out, as determined by Management. Items to be replaced shall be turned in to immediate supervisor prior to issuance of new gear. c.Turnout gear- Airport will provide adequate gear for each certified ARFF person. Each ARFF will be issued a personal Scott Mask. ARTICLE 22 JURY DUTY 22.1 If a regular full-time employee is selected for Jury Duty, either for the Commonwealth or the Federal Judiciary, such employee shall be reimbursed the difference in money between what the said employee received, either from the County, State or Federal Judiciary; and his regular straight time hourly wages that week, providing: a.It applies only to those days employees would actually have been scheduled to work. b.Employees must submit a bona fide receipt setting forth the actual time consumed by sitting on jury duty. c.Employees must report for work for the Employer whenever they are not required to sit on the jury during a full jury day, or in the event a sitting is canceled for a certain day. Upon report to the Employer, the employee will be put to work, and shall do whatever work is assigned by the Employer. 22.2 It is further agreed, regular full-time employees to be entitled to jury duty reimbursement as set forth in (22.1) must have completed their ninety (90) calendar days of full-time employment. ARTICLE 23 WAGES See Appendix A – Starting Base Hourly Wage Schedule 23.1 The Employer shall have the right to utilize the employees as combination employees for any and all work required by the Employer, however, if an employee works in a higher rated classification for one (1) full day or more, he shall be paid at the higher rated classification's rate of pay for that work. 19 23.2 As specifically noted in Massachusetts law, Chapter 268, Rule 5 of the Airport Rules and Regulations, acceptance of tips or other personal gratuity is prohibited. All Rules governing ethics of Public employees apply. When gifts, money, or other property are extended to personnel, they shall be refused. 23.3 During work shifts when an immediate supervisor within bargaining unit is not on duty, the senior person on duty shall perform as a supervisor if another person is working on the shift and will receive a pay differential of $.50 per hour as compensation. 23.4 The designated on-call personnel shall be paid a $50.00 stipend per day for weekends and holidays and are required to carry the on-call device with them at all times. A maximum one (1) hour response time is required. On-call personnel shall be paid a one (1) minimum call back. If on-call designee requires assistance from personnel other than those already on duty, the on-call designee shall get supervisor approval prior to calling in additional personnel. If approved, a two (2) hour minimum call back will apply. ARTICLE 24 SHIFT DIFFERENTIAL 24.1 The following shift differential be computed only by adding to the hourly rate of pay set forth in (23.1) when the hours are actually being worked on the shift and shall not be added to any hourly rate being paid for Sick Leave, Bereavement Leave, Holiday Leave, Vacation Leave, etc. Hourly Shift Differential: paid on any hours worked after 6 p.m and before 12 a.m........$.75 paid on any hours worked after 12 a.m. and before 6 a.m.....$1.25 Scheduled Weekend Pay:........ .$1.00 per hour over regular wage for all hours worked. 24.2 EMT Differential: Any bargaining unit member with a current EMT certification shall receive a 3% weekly wage adjustment. Employee must maintain EMT qualification and will be reimbursed the associated cost upon successful completion. An employee who satisfactorily completes an Advanced Firefighters course will receive a 2% weekly wage adjustment. 24.3 An employee shall receive a one time, 2% base pay stipend upon successful Part 149 A.C.E. certification. ARTICLE 25 LONGEVITY 25.1 REGULAR FULL-TIME EMPLOYEES HIRED PRIOR TO JULY 1, 2007: 20 Based upon continuous years of service with the Nantucket Memorial Airport as a regular full-time employee hired prior to July 1, 2007,employees will receive longevity pay, as follows: LENGTH OF SERVICE AMOUNT a. Five (5) years of service but less than ten (10) years of service 2% of base wages b. Ten (10) years of service but less than fifteen (15) years of service 3% of base wages c. Fifteen years of service but less than twenty (20) years of service 4% of base wages d. Twenty (20) years of service or more 5% of base wages (25.1-a, b, c will not be paid if employee is eligible under 25.1-d). 25.2 REGULAR FULL-TIME EMPLOYEES HIRED ON OR AFTER JULY 1, 2007: Based upon continous years of service with the Nantucket Memorial Airport as a regular full-time employee hired on July 1, 2007 or after, employees will receive longevity pay as follows: LENGTH OF SERVICE AMOUNT a. Ten (10) years of service but less Than twenty (20) years of service 3% of base wages b. Twenty (20) years of service or more 5% of base wages (25.2-a will not be paid if employee is eligible under 25.2 b) 25.3 In the event a regular full-time employee does not work a full year, then the amount set forth in (25.1 or 25.2, whichever is applicable) shall be applied on a pro rata basis. ARTICLE 26 UNION CHECK-OFF 26.1 Payroll deduction of agency service fee Pursuant to General Laws Chapter 150E, Section 12, it shall be a condition of employment that on or after the thirtieth (30th) day of employment in the bargaining unit, or the effective day of this Agreement, whichever is later, each and every member of the bargaining unit shall pay to the Union an agency service fee which shall be proportionally commensurate with the cost of collective 21 bargaining in contract administration. The agency service fee shall, as provided below, be deducted each pay period and shall be equal in amount to the sum set from time to time by the Union as their regular dues. 26.2 If a regular full-time employee submits to the Employer a uniform authorization form requesting that monthly dues be deducted from his/her first pay check each month, the Employer will on the next month begin to deduct dues from said employee's payroll check. No authorization shall be allowed for payment of initiation fees, assessments or fines. 26.3 All authorizations by any employee must be in a uniform form, supplied by the Union, and signed by the employee from whose wages such Union dues will be deduced. Such authorization shall remain in effect until revoked by the employee, and shall be irrevocable for a period of one (1) year from the date the authorization is signed, or until the termination of this collective bargaining agreement, whichever occurs sooner. Revocation must be by written notice given by the employee to the Employer, with a copy to the Union not more than twenty (20) days and not less than ten (10) days prior to the expiration of such time. If no such notice is given by the employee, the employee further agrees that the authorization and assignment first submitted shall be automatically renewed and shall be irrevocable for successive periods of one (1) year thereafter, or until the termination of the agreement, whichever occurs sooner. 26.4 The Union shall keep the Employer updated as to the name of its authorized representative and the address to which the Union dues collections shall be sent. Such notification must be in writing and duly signed by the authorized Union representative. 26.5 No dues shall be deducted from any employee who is on authorized check-off if said employee is not on the payroll during the week in which the deduction is to be made, or when the dues exceed the paycheck. 26.6 The Employer assumes no responsibility for the consequences of any employee's failure to authorize dues deductions; the only responsibility of the Employer will be to see that the deduction is made in accordance with the authorized uniform check-off request, duly signed by the employee, and the mailing of such deducted moneys to the designated Union representative. Neither the Employer nor any of its officers, agents or employees shall in any way be held liable or responsible for any loss resulting from acts of said Union or its officers or agents. 26.7 The Employer shall not remove any employee from employment because of failure to pay Union dues. 26.8 The Union agrees to and will indemnify, defend and hold and save the Employer blameless against any and all claims, demands, suits or other form of liability instituted against the Employer or its personnel on account of payroll deductions under this Article. 22 ARTICLE 27 SICK LEAVE BANK 27.1 In the event of an extended illness of a regular full-time employee, an additional source of aid shall be provided by the establishment of a General Sick Leave Bank attached hereto as Appendix E. General Sick Leave Bank will be used to provide for additional days beyond those accumulated by the regular full-time employee under Article 12 - Sick Leave, Sections (12.1 and 12.2). 27.2 Assets of the Sick Leave Bank will be acquired from those regular full-time employees accruing sick leave under the aforementioned Article 12 Sections (12 1and 12. 2), who will have the voluntary option of donating their accumulated sick leave days, or a portion of their accumulated sick leave days, into the said General Sick Leave Bank. 27.3 Rules and Regulations governing the depositing of sick leave days into the General Sick Leave Bank shall be established and posted so regular full-time employees may be aware of same. 27.4 A Policy Committee shall be established, consisting of: Two (2) regular full-time employees; Two (2) Airport Commissioners. The awarding of sick leave by extensions from the General Sick Leave Bank will be governed by the Policy Committee. ARTICLE 28 DURATION OF AGREEMENT 28.1 This Agreement shall take effect as of the first day of July 1, 2014 and shall remain in full force and effect until the 30th day of June, 2017 shall then and thereafter renew itself from year to year, unless either party to the Agreement gives written notice to the other party, not later than the 15th day of December of the preceding calendar year prior to any date of expiration of a desire to change, amend or terminate the terms or conditions hereof. 28.2 If notice is given, as set forth in (28.1), then the parties shall commence negotiations not later than January 15th of that year, prior to budget submission by the Employer to the Town. 28.3 During the course of negotiations for amendment or renewal of this Agreement, the terms and conditions herein set forth shall continue in effect until a new agreement is reached. ARTICLE 29 ENTIRE AGREEMENT 29.1 It is the intent of the Employer and the Union that the Provision of this agreement will supersede all prior agreements and understandings, oral or written, express or 23 implied, and shall govern their entire relationship and shall be the sole source of all rights or claims which may be asserted in arbitration or otherwise. The Union, for the life of this agreement, waives any rights to negotiate or bargain with respect to any matters contained in this agreement. ARTICLE 30 INVALIDITY OF A PROVISION 30.1 If any provision or provisions of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement or the application of such provision, or provisions to persons or circumstances other than those deemed to be held invalid or unenforceable shall not be affected. ARTICLE 31 SEXUAL HARASSMENT POLICY 31.1 The parties agree to implement the sexual harassment policy attached hereto as Appendix D. IN WITNESS WHEREOF the parties have caused its hands and seals to be set the ______ day of ____________, 201__. TOWN OF NANTUCKET MASSACHUSETTS LABORERS’ NANTUCKET MEMORIAL AIRPORT DISTRICT COUNCIL _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 24 APPENDIX “A” – STARTING BASE HOURLY WAGE SCHEDULE WAGE SCHEDULE: SEE ATTACHED A COLA of two percent (2%) for current members of Unit A to be apploed on July 1, 2014, July 1, 2015 and July 1, 2016, as set forth in the wage matrix attached hereto; A COLA of two percent (2%) for members of Unit B to be applied as of July 1, 2014, July 1, 2015 and July 1, 2016 as set forth in the wage matrix attached hereto and that there are no step increases for Unit B positions; and; A COLA of two percent (2%) for members of Unit A hired after July 1, 2014; provided, however, that the annual step increase for such employees shall be three percent (3%), not to exceed five (5) years as set forth in the wage matrix attached hereto. The employee’s anniversary date will determine the next step increase. Annual step increase not to exceed 5 years (60 Months). The employee must have a satisfactory performance to be eligible for the step increase. Any denial of a step increase will be subject to the grievance and arbitration clause of the collective bargaining agreement 25 APPENDIX "B" RULES AND REGULATIONS GOVERNING EMPLOYEES at NANTUCKET MEMORIAL AIRPORT Acceptance of employment will be considered as the acceptance of these rules and regulations. For breach of any of the following, the Employer shall have the right to reprimand, discipline or terminate any employee. 1.The use of intoxicating liquors or drugs while on duty is cause for immediate dismissal. The excessive use of intoxicants or narcotics which impairs working performance is cause for dismissal. 2.Smoking is prohibited during hours of work or at any time on those portions of the Airport under the control of the Airport Commission . Smoking can be permitted in outside smoking areas designated by supervisors, away from buildings, during official breaks or lunch. 3.Employees shall not sleep during working hours. 4.Employees shall not change their shift nor leave their job during working hours without receiving permission from the Employer or his accredited representative. 5.Employees shall not use the Employer's premises, machinery or materials for personal gain. Acceptance of tips or other forms of personal gratuity is prohibited. (Massachusetts Law) 6.Insubordination will be cause for discharge. 7.Falsifying own or other employee's time card or personnel records shall be cause for discharge. 8.All Injuries to employees or vehicles must be reported immediately to the employer. 9.Employees shall report for work neat and clean in appearance Those workers provided with uniforms by contract shall wear such uniforms for all duty. Personal jewelry other than wedding rings, or Religious items worn out of sight, is not appropriate for duty wear. Hair shall be kept shorter than collar length for safety purposes. While off duty, in uniform, personal conduct shall be subject to all rules as if on duty. 10.Habitual tardiness or absenteeism is cause for disciplinary action including termination. 11.Profane, discourteous language or offensive conduct is prohibited. 12.There shall be no excessive horseplay or practical jokes during working hours. 13.Immoral or indecent behavior within the workplace shall be immediate cause for discharge. 14.Employees shall not cause unsanitary conditions. 15.Employees stealing the Employer's or fellow employee's property shall be discharged. Failure to impose legitimate charges for Airport goods or services is theft and shall be similarly punished. 16.There shall be no unnecessary waste of material, merchandise or abuse of tools and equipment. Employees who through negligence or improper act cause any damage or 26 loss to any equipment, machinery or goods shall be required to pay for such loss or damage. 17.Innappropriate physical contact is cause for disciplinary action. Striking another employee or threatening physical harm or retaliation is grounds for dismissal. APPENDIX “C” – DRUG AND ALCOHOL POLICY The Town hereby states its strong commitment to it’s Employees to provide a safe work place and to establish programs promoting high standards of Employee health. Consistent with the spirit and intent of this commitment the Town and the Union hereby establish this policy. The mutual goal is to establish and maintain a work environment that is free from the effects of alcohol and drug use or abuse. The illegal use, sale or possession of narcotics, drugs, or controlled substances is an offense warranting discharge. Any illegal substances will be turned over to the appropriate law enforcement agency. Employees who are under the influence of alcohol, narcotics, drugs or controlled substances, either on the job, or when reporting for work have the potential for interfering with their own as well as their coworkers safe and efficient job performance. Employees may be subject to administrative action up to and including termination of employment if they are found in violation of this section. Illegal drugs include, among others, marijuana, heroin, hashish, cocaine, hallucinogens and/or depressants not prescribed for current personal treatment by a licensed physician. Employees are expected to follow any directions of their healthy care provider concerning prescription medications and must immediately notify their supervisor if any prescription drug is likely to have an impact on job performance. In addition, notification must be given at the time of any testing or screening as to any drugs or medicine being taken. During an Employees work shift, including all breaks and meal periods an Employee, who consumes or uses, or is found to have in his or her personal possession in his or her locker or desk or other such repository an open container of alcohol or drugs, which are not medically authorized, or as found to have used or be using such alcohol or drugs will be suspended immediately pending such further investigation. If use or possession is substantiated, disciplinary action, up to and including discharge, will be imposed. Any Employee who voluntarily requests assistance in dealing with a personal drug addiction or alcohol problem may participate in the Employee Assistance Program (E.A.P.) without jeopardizing his or her employment with the Town. If an Employee choices to notify the Town or requests assistance from the Town regarding an alcohol or drug related problem, that notice or request will not jeopardize his or her continued employment, provided the Employee stops any and all involvement with the substance being abused, and maintains adequate job performance. Participation in the program will not prevent disciplinary action for violation of this policy. Consequences of Alcohol or Drug Misuse: 27 Employees who engage in prohibited alcohol or drug conduct (that is, who test positive for alcohol or drug use) must be immediately removed from safety sensitive functions, must be evaluated by a substance abuse professional and must undergo a treatment program as defined by the professional. Employees who wish to continue employment with the Town must be evaluated by a substance abuse professional and comply with any treatment recommendations to assist them with an alcohol or drug problem. Employees will be placed on sick leave or a leave with out pay status during the treatment period, whichever is appropriate. Employees who have been evaluated by a substance abuse professional who comply with any recommended treatment who have take a return to duty test with a result less than 0.02 reading and/or a negative urine drug test which is subject to unannounced follow-up tests, may return to work. Employees who have returned to work under the above conditions and who subsequently test positive for drugs or alcohol may be subject to further discipline, up to and including termination. Any action may be subject to the grievance and arbitration procedure of Article 4. APPENDIX “D” - SEXUAL HARASSMENT POLICY Adopted: February 15, 1995 Revised: January 8, 1997; July 7, 2004 I.INTRODUCTION It is the goal of the Town of Nantucket to promote a workplace that is free from sexual harassment. Sexual harassment of employees in the workplace, or in other settings in which employees may find themselves in connection with their employment, is unlawful and will not be tolerated by the Town of Nantucket. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated. The Town of Nantucket takes allegations of sexual harassment seriously, and will respond promptly to complaints of sexual harassment. If it is determined that such inappropriate conduct has occurred, action will be taken promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate. Please note that while this policy is meant to promote a workplace that is free from sexual harassment, the policy is not designed or intended to limit the authority to discipline or take remedial action for workplace conduct which is deemed unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment. II. DEFINITION OF SEXUAL HARASSMENT 28 In Massachusetts, the legal definition for sexual harassment is as follows: "sexual harassment" means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when: (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions: or, (b) such advances, requests or conduct have the purpose or effect of unreasonably interfacing with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Under these definitions, direct or implied requests by a supervisor/department head for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment. The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether intended or not, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating or humiliating to male and female workers may also constitute sexual harassment. While it is not feasible to list all additional circumstances that may constitute sexual harassment, the following are some examples of conduct which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness: Unwelcome sexual advances - whether or not physical touching is involved; Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life, comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess; Displaying sexually suggestive objects, pictures, cartoons, or books; Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments; Inquiries into one's sexual experiences; and Discussion of one's sexual activities. All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by the Town of Nantucket. III. COMPLAINTS OF SEXUAL HARASSMENT 29 If any employee believes that he or she has been subjected to sexual harassment, he or she should report this fact as soon as possible. If the person harassed feels that his/her department head is capable of effectively dealing with the problem, he or she should appropriately notify that person immediately. If the employee feels that the nature of the sexual harassment or the identity of the alleged harasser is such that he or she is not comfortable discussing the situation with his or her supervisor/department head, the employee should contact the Personnel Officer at Town & County Building, Nantucket, MA 02554, (508) 228-7255. This person is also able to provide further information about this policy and the sexual harassment complaint process. IV. SEXUAL HARASSMENT INVESTIGATION When a complaint is received, it will be promptly investigated in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Further information on the specifics of an investigation may be obtained from the Personnel Officer. V. DISCIPLINARY ACTION Upon completion of an investigation, the person conducting the investigation shall draft a report outlining his/her findings and suggesting a resolution. If sexual harassment is found to have occurred, the person conducting the investigation shall meet with the Personnel Officer, the Town Administrator and the appointing authority to recommend appropriate disciplinary action. Appropriate disciplinary action to confirmed charges include:verbal warning or reprimand, written warning or reprimand, sensitivity training, suspension, demotion, termination or some combination of the above. If the allegation(s) of sexual harassment is unsubstantiated, the matter shall be closed. VI. FEDERAL AND STATE REMEDIES In addition to the above, if an employee believes he or she has been subjected to sexual harassment, he or she may file a formal complaint with either or both of the government agencies set forth below. Using the Town of Nantucket's complaint process does not prohibit one from filing a complaint with these agencies. Each of the agencies has a time period for filing a claim (EEOC-300 days; MCAD-300 days). 1.United States Equal Employment Opportunity Commission ("EEOC") 475 Government Center Boston, MA 02203 (617) 994-6000 2.Massachusetts Commission Against Discrimination ("MCAD") Boston Office One Ashburton Place - Room 601 Boston, MA 02108 (617) 727-3990 Springfield Office 30 424 Dwight Street - Room 220 Springfield, MA 01103 (413) 739-2145 APPENDIX “E” - Policy & Procedure For Sick Leave Bank - Laborer’s Union (Applicable to employees covered by all units of Local 1060 Laborer’s Union) I. Policy: The Laborer’s Union Sick Leave Bank is established to provide additional sick time to be used for immediate, legitimate sick leave purposes for applicable Employees who do not have available their own accrued sick time to cover the anticipated duration of the sick leave. The Sick Leave Bank is intended to be used for situations in which an Employee has utilized all of his/her sick time either previous sick-related or a current condition and will not/does not presently have the sick time available for a current condition. The Sick Leave Bank is not intended for use of the doctor’s appointments, or illnesses or conditions of a short-term nature (e.g., colds, flu etc.). In order to use Sick Leave Bank time, an Employee must have already exhausted his/her remaining sick time, vacation time and comp time. All time requested from the Sick Leave Bank is to be paid back into the Sick Leave Bank starting at the time the Employee returns to full duty. The payback period shall be determined by the Sick Leave Bank Committee on a case by case basis. II. Criteria for Eligibility for Use of Sick Leave Bank: A. An Employee must have been employed with Nantucket Memorial Airport for at least one (1) full year. B. The Sick Leave Bank is for an Employee’s personal use not for assisting a family member. C. Except in extraordinary circumstances, an Employee will not be considered for any more than two (2) requests for use of the Sick Leave Bank per year. D. An Employee must donate at least one (1) sick day per year to the Sick Leave Bank in order to be eligible for use of the Sick Leave Bank. This is subject to change, given extenuating circumstances on behalf of the Employee. III. Procedure for Donations and Use of the Sick Leave Bank: A. Donations to the Sick Leave Bank are for the Local 1060 members and may not be made for specific Employee(s). Any airport employee who accumulates sick time may donate to the Sick Leave Bank; pursuant to the knowledge only Local 1060 members may make use of said donations. B. Upon retirement or resignation, an Employee with at least ten (10) years of continuous 31 service with the Town of Nantucket is eligible to have 70% of his/her sick leave bought back by the airport. An employee may donate any or all of their unused sick leave eligible for buy back to the Sick Leave Bank. C. Donations to the Sick Leave Bank may only be made through use of the attached form which shall not be valid unless all approved signatures are obtained on the form. IV. Use: A. Use of the Sick Leave Bank may only be requested through the use of the attached form. B. All requests for use of the Sick Leave Bank must be accompanied by a report from the Employee’s doctor, which includes a description of the Employee’s condition and the anticipated duration of time that the Employee will be out of work. C. Once the request has been submitted to the Union Representative, the Sick Leave Bank Committee (comprised of two members of the Union, voted by union members, and two airport commissioners) will meet within five (5) working days of the date of the request was received to act upon the request. D. When an Employee is sick and has sick time available, the Employee's sick time will be used first until it is exhausted. Once the Employee's sick leave has been exhausted, then sick days from the bank may be used provided they are approved by the Sick Leave Bank Committee and conform to the other requirements of this plan. When the Employee returns to work any unused sick leave borrowed from the bank automatically reverts to the bank. E. If the request is denied by the Sick Leave Bank Committee, it may be appealed to the Sick Leave Bank Appeals Board, comprised of the Airport Manager, and one other member of the airport commissioners (other than a member of the Sick Leave Bank Committee), and two airport union employees (other than the two union members of the Sick Leave Bank Committee). The decision of the Sick Leave Bank Appeals Board shall be final, binding and not subject to grievance or arbitration procedures. In the event of a tie decision by the Sick Leave Bank Appeals Board, the parties agree to appoint a neutral party to break the tie. The tie decision shall be final, binding and not subject to grievance or arbitration procedures. V. Guidelines Although the Sick Leave Bank Committee has the final decision on disbursing days from the bank, the following guidelines normally will apply: A. If an Employee is sick and has accrued sick time, but not enough to cover the anticipated duration of the illness, the Employee may request additional days from the Sick Leave Bank of up to one-half of his/her unused accrued sick time (calculated from the beginning of this illness). 32 B. If an Employee is sick and has no sick time left, he/she may request sick days from the Sick Bank Committee. It is the Employee’s responsibility to convince the Board that these days are deserved. Normally, no more than 5% of sick days available in the Sick Leave Bank at the time of request, will be given out under this condition. C. If an Employee has a serious/catastrophic illness or accident, he/she (or a representative) may request sick days from the Sick Leave Bank. Normally, no more than 20% of sick days available in the Sick Leave Bank at the time of request, will be given out under this condition. D. The amount of time contained in the Sick Leave Bank shall be retained and maintained by the Payroll Coordinator and is subject to review at any time. A monthly statement shall be put out as to the contents of the Sick Leave Bank as well as statements to Employees showing how much time they have donated. 517150/19715/0011 NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 1 of 13 100-04 Electronic Devices Table of Contents Purpose......................................................................................................................................... 2 Scope .......................................................................................................................................................... 2 Telephone use............................................................................................................................. 2 Personal electronic and camera-enabled devices ........................................................... 3 Personal audio/music players ................................................................................................ 3 E-mail/Voice mail/internet use ................................................................................................ 4 E-mail & Voice Mail .................................................................................................................... 5 Internet Use ................................................................................................................................ 6 Computer Access and Use ...................................................................................................... 6 Prohibited Computer, Internet and Email Activities Use ................................................ 7 Use of Personal Devices Use .................................................................................................. 9 Employee Responsibility Use ............................................................................................... 10 Management Responsibility Use ......................................................................................... 11 Violations Use .......................................................................................................................... 12 Limitation of Liability Use ...................................................................................................... 13 NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 2 of 13 100-04 Electronic Devices Purpose The safety and well-being of each employee and citizen who comes in contact with the Nantucket Memorial Airport (Airport) electronically, is of vital concern to the Airport. Various types of Electronic Devices offer an easy, efficient and fast means of communication and/or research through internet access, E-mail, texting, etc., but this use must be undertaken responsibly. The purpose of this policy is to:  decrease the Airport's liability exposure caused by an employee's inappropriate use of Electronic Devises;  manage efficient use of Electronic Devices; ensure that Airport employees are using Electronic Devices and Internet access appropriately and for airport-related purposes  prevent unlawful or wrongful actions against employees or citizens either directly or indirectly through the use of Electronic Devices  prevent the possibility of endangering Airport information systems by downloading files that contain viruses Scope This policy applies to Airport and personal electronic devices and technologies and must be followed in conjunction with other Airport policies governing appropriate workplace conduct and behavior. Nantucket Memorial Airport (ACK) complies with all applicable federal, state and local laws as they concern the employer/employee relationship, and nothing contained herein should be construed to violate any of the rights or responsibilities contained in such laws. The definition of Electronic Devices for purposes of this policy shall include, but not be limited to; tablets, laptops, personal computers, audio/music players and cellular phones. Telephone use The Airport Commission recognizes that it is occasionally necessary for employees to make or receive personal telephone calls during working hours. The Airport requests that employees restrict their personal telephone use to emergency situations. Employees may NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 3 of 13 not charge personal long-distance calls to the Airport. Excessive personal telephone use may result in progressive discipline. Personal electronic and camera-enabled devices Unless properly authorized, employees should refrain from the use of any form of personal electronic communication devices during normal work hours. These devices may be used during breaks or when employees are at lunch. Employees whose electronic communication devices are camera-enabled are restricted from using the audio and video recording functions of such devices anywhere on the Airport property at any time, other than where permitted by federal, state or local law, or necessary for accomplishment of their job responsibilities. Further, employees who are found to have used these camera-enabled features in violation of this policy will be subject to progressive discipline. Employees who work on the airfield areas must refrain from the use of any personal electronic devices when on the airfield, other than where permitted by federal, state or local law, as they may create a major safety hazard. Personal audio/music players The use of personal audio/music players are not permitted on the airside portion of the airport. Employees are cautioned that the use of personal audio and music players in certain areas of the workplace may present a safety concern in that the employee might not hear an approaching aircraft, vehicle or verbal communication from another employee. When in use, employees need to pay close attention to their surroundings and not put themselves or other employees at risk. NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 4 of 13 E-mail/Voice mail/internet use Employees who have access to the Airport’s e-mail system understand that it is intended for business use and that personal use should be kept to a minimum. Employees provided with these tools are expected to use them in a responsible and productive manner. Employees are also required to acknowledge that all messages and files created, stored, sent or received will remain the property of the Airport. Forwarding of “chain” e-mails, jokes, cartoons or any other nonbusiness-related material is strictly forbidden. Employees are required to immediately delete any such e-mails and request the source of the e-mail to remove them from the distribution list. Against this background, the following guidelines have been established to assist employees in the use of these tools. Access to any inappropriate or offensive Internet site by any employee is prohibited. Examples of such Internet sites include, but are not limited to, pornographic sites, sites that advocate illegal acts. Access to the Internet shall be with the use of an approved web browser as installed by the Information Technology Consultant/Contractor. Airport Administration must approve any other software used to access the internet. Access to the internet may be monitored on a regular basis to ensure that internet access is not being abused. Access to the Airport's network, computers, files, e-mail and the internet is controlled by assigned user accounts and passwords. Do not share Airport passwords with anyone, except as requested by Airport Administration. All passwords are to be treated as sensitive, confidential Airport information. Password protection or a "personal" computer does not imply that the user's messages, memos, documents or any other files, active or deleted, are private. Consistent with federal law, the Airport reserves the right to enter, search, disclose, and monitor the computer files, E-mail and web access of any employee at any time and for any reason with or without advance notice. This includes, but is not limited to, investigating theft, disclosure of confidential information, personal abuse of the system, conflict of interest or monitoring workflow or productivity. Unauthorized computer users may not access the messages or files of other individuals on the Airport's computer system. If an individual believes there is reason to access another employee's files and/or NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 5 of 13 messages, that person should review his/her concern with their Department Head or the Airport Manager. This policy is not only for the protection of the Airport's employees, but also for the Airport as a whole. Airport PC's are connected to the Airport's network and no risk can be tolerated. E-mail & Voice Mail The content of e-mail, voice mail messages or any file may not contain anything that would reasonably be considered offensive or disruptive to any employee. Offensive content would include, but is not limited to, sexually explicit material or racial slurs, or any comments that would offend someone on the basis of their age, sex, race, sexually explicit material, religious or political beliefs, national origin, or disability. Care should be taken to protect mobile devices that are configured to connect to the Airport's e-mail system. Any new E-mail accounts must be authorized by the appropriate Department Head through Airport Administration. Private email accounts should not be used for official airport business. The Airport reserves the right to access and monitor any message or file on the computer or phone system as deemed necessary and appropriate. Messages are public communication and are not private. All communications including text and images may be subject to disclosure to law enforcement or other third parties without prior consent of the sender or the receiver. The confidentiality of any message should not be assumed. Even when a message is erased, it is still possible to retrieve and review said message. Notwithstanding the Airport’s right to retrieve and read any electronic voice or e-mail message, such message should be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve messages that are not sent to them except when granted electronic proxy rights. NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 6 of 13 The Airport reserves and will exercise the right to access, review and audit, email system and/or internet service at any time, with or without employee notice, and that such access may occur during or after working hours. No audit of email or computer records can be conducted by the Airport Administration without the written request of at least 2 Commissioners or as required by law. All email and user files will be purged periodically. All official correspondence and documents must be stored in designated departmental folders for proper archiving. However, these folders will be readable by all users of the system. Internet Use Access to the Internet is provided to employees based on need. Employees granted access to the Internet are representing the Airport. Employees are responsible for seeing that the Internet is used in an effective, ethical and lawful manner. The Airport Internet connection should not be used for personal gain or advancement of individual views. Use of the Internet must not be disruptive to the workplace or interfere with productivity. Each employee is responsible for the content of all text, audio or images that they place or send over the Internet via the Airport connection. Fraudulent, harassing or obscene messages are prohibited. No messages should be transmitted under an assumed name. Users should not attempt to obscure the origin of any message. Information published on the Internet should not violate or infringe upon the rights of others. To prevent computer viruses from being transmitted through the system there will be no unauthorized downloading of any software. All software downloads should be done through the Airport Administration. Computer Access and Use All software and computer equipment used by the Airport must be approved and installed by Airport Administration. NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 7 of 13 Any new network accounts must be authorized by the appropriate Department Head through Airport Administration and the Information Systems Consultant/Contractor. Prohibited Computer, Internet and Email Activities 1. Attempting to gain unauthorized access to any computer system or network. 2. Deliberate attempt to disrupt the computer system performance or destroy data by spreading or introducing computer "viruses". 3. Use of the system to engage in any illegal act such as drug sales, lotteries, betting pools or criminal activities. Users shall not use the Internet or E-mail system to threaten another person's safety or to access material that is profane, obscene, advocates illegal acts of violence, or for any other inappropriate purposes. Users shall not forward any of the above for any reason. Contact the IT Consultant/contractor for instructions on clearing any offensive email if necessary. 4. The use of Airport information for non-Airport purposes is prohibited. This expressly prohibits Airport employees from accessing the system to provide information outside the realm of the employee's direct responsibilities and/or outside established procedures for responding to requests for public information. 5. Destruction of or damage to any equipment, software or data belonging to the Airport. 6. Use of computer games during working hours is prohibited. 7. Use of inappropriate language (i.e., use of obscenities, profanity, threats, racist or sexist remarks), which applies to public messages, private messages and material posted on Web pages. 8. Knowingly or recklessly posting false or defamatory information about a person or organization. 9. Using the system for political lobbying, personal financial gain or fraud. 10. Establishing web sites unless directed by the Airport Manager. NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 8 of 13 11. Accessing or downloading resources of any kind for which there is a fee; downloading information or files unless information has previously been scanned with virus detection software; downloading files that are too large (any files of this type should be sent to the Information Systems Consultant/Contractor and will be transferred to your machine via the network) and will tie up or disrupt the system; downloading or accessing information resources which are not for a clear Airport purpose. 12. Forwarding or saving "spam" or any other unauthorized unnecessary email or data on any Airport computer unless requested to do so by the Administration Department. 13. Office wall ports look like phone jacks but they connect directly into the Airport's network. Nothing should be plugged into these ports unless approved or authorized by IT. All equipment moves should be coordinated through the Airport Administration. 14. Airport-issued laptops and devices are configured to communicate using a wireless adapter. They are not set up to connect directly into the Airport's network. When using your Airport-issued or personal laptop at work you should use the Airport's wireless access points to access the internet. If a situation requires that the laptop have access to the Airport's network resources, the IT Consultant/Contractor needs to be contacted so that appropriate configuration changes can be made. IT Consultant/Contractor should also verify that anti-virus software is up-to-date and that Windows updates have been applied so as not to infect the network. 15. Switches and hubs are used to extend our network capability when there are not enough wall ports available. Only devices programmed by the IT Consultant/Contractor should be connected into a switch or hub. If in doubt, do not connect. 16. Equipment cabinets and rack mounted devices are located in various building locations. These typically house our larger power supplies and wide-area network switches. Many of these switches provide primary communications across our fiber network. These devices should not be touched 17. Vendors contracted to do IT related work or any type of hardware installation must contact Airport Administration first before installing anything on the network. Our IT Consultant/Contractor will work with the vendor to ensure their system is compatible with our infrastructure and that the implementation is scheduled to minimize disruption. NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 9 of 13 18. Uninterruptable Power Supply Units (UPS) are used to provide battery-backup power and surge protection to electronic devices. Do not plug heating and cooling units or printers into a UPS without consulting Airport Administration. UPS's can trip like any electrical circuit when overloaded. Use of Personal Devices ACK grants its employees the privilege of purchasing and using smartphones and tablets of their choosing at work for their convenience. ACK reserves the right to revoke this privilege if users do not abide by the policies and procedures outlined below. This policy is intended to protect the security and integrity of ACK’s data and technology infrastructure. Limited exceptions to the policy may occur due to variations in devices and platforms. ACK employees must agree to the terms and conditions set forth in this policy in order to be able to connect their devices to the airport network. Acceptable Use  The airport defines acceptable business use as activities that directly or indirectly support the business of ACK.  The airport defines acceptable personal use on airport time as reasonable and limited personal communication.  Devices may not be used at any time to:  Store or transmit illicit materials  Store or transmit proprietary information belonging to a company  Harass others  Engage in outside business activities  Etc. NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 10 of 13  ACK has a zero-tolerance policy for texting or emailing while driving and only hands-free talking while driving is permitted. Risks/Liabilities/Disclaimers  While the airport will take every precaution to prevent the employee’s personal data from being lost in the event it must remote wipe a device, it is the employee’s responsibility to take additional precautions, such as backing up email, contacts, etc.  ACK reserves the right to disconnect devices or disable services without notification.  Lost or stolen devices must be reported to Airport Administration within 24 hours. Employees are responsible for notifying their mobile carrier immediately upon loss of a device.  The employee is expected to use his or her devices in an ethical manner at all times and adhere to ACK’s acceptable use policy as outlined herein.  The employee is personally liable for all costs associated with his or her personal device.  The employee assumes full liability for risks including, but not limited to, the partial or complete loss of airport and personal data due to an operating system crash, errors, bugs, viruses, malware, and/or other software or hardware failures, or programming errors that render the device unusable. Employee Responsibility Use of Electronic Devices and access to the Internet and E-mail system is a privilege and is not to be abused. Employees shall comply with all applicable sections of this policy in addition to the following: When sending e-mail messages, employees are representing the Nantucket Memorial Airport and are responsible for the content of all messages. Each employee is expected to ensure that the information being entered or sent is not offensive, frivolous or NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 11 of 13 inappropriate. An employee should never forward any inappropriate email for any reason. Although spam and viruses can be an unfortunate consequence of internet and email use, every precaution should be made, including but not limited to; a) Do not open email from anyone you do not know. If you are in a department that must do so to provide information and the email content looks suspicious, do not click on any embedded links and contact the Administration Department; b) Do not forward email or files unless you are confident of their source; c) Do not use the internet for any unnecessary reasons. Do not provide your Airport email account to anyone other than for Airport business. Due to bandwidth limitations, employees are prohibited from playing or using radio or streaming video over the internet unless specifically approved for Airport business. Personal use of an Airport computer must be limited in duration and frequency so that it does not interfere with the employee's work responsibilities or adversely affect the productivity of the employee or the employee's co-workers. Employees are expected to cooperate fully in the investigation of any complaint or alleged violation of this policy. Informal guideline employees are advised to follow with regard to the appropriateness of internal and external email messages and Internet access is: Is it appropriate for the front page of the newspaper? Management Responsibility Department Heads and supervisors are responsible for ensuring that staff understand and adhere to this policy. Violations Violations of this policy or any guidelines listed above may result in disciplinary action up to and including termination. If necessary the Airport will advise appropriate legal officials NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 12 of 13 of any illegal violations. For all union employees, all disciplinary action shall be in accordance with the Collective Bargaining Agreement. Limitation of Liability The Airport shall not be responsible for the accuracy or quality of information obtained through the Internet; financial obligations arising through the unauthorized use of the Internet; any illegal use of the Internet by Airport employees. The Airport reserves the right to restrict or terminate an employee's access privileges at any time for any reason. The Airport has the right to monitor computer usage activity in any form that it sees fit to maintain the purpose of this policy. This policy is subject to revision at any time by the Airport Commission. End Approved By Date Employee must acknowledge receipt of this Policy on next page. NANTUCKET MEMORIAL AIRPORT Policy Manual 100-04 Electronic Devices Page 13 of 13 I hereby acknowledge receipt of the Electronic Device Policy and agree to adhere to such Policy. Print name: ___________________________________ Signature: ___________________________________ Date: ___________________________________ Monthly Statistical Report (April 2015) Nantucket Memorial Airport Nantucket Memorial Airport Operations FY2014 vs. FY2015 CY 2014 CY 2015 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL FY 2015 ITINERANTAir Carrier 215 222 118 48 2 0 2 0 0 0 607 Air Taxi 11,049 11,470 7,638 6,015 4,577 5,080 3,364 3,058 4,150 5,130 61,531 General Aviation 5,480 5,715 3,530 2,318 1,611 1,681 922 775 1,134 2,005 25,171 Military 57 39 0 2 60 86 49 40 92 49 474 TOTAL Intinerant 16,801 17,446 11,337 8,444 6,250 6,847 4,337 3,873 5,376 7,184 87,895 LOCALCivil 4 24 0 19 26 14 4 4 2 25 122 Military 0 0 0 0 0 0 0 6 0 0 6 TOTAL Local 5 24 0 19 26 14 4 10 2 25 129 TOTAL Operations 16,805 17,470 11,337 8,463 6,276 6,861 4,341 3,883 5,378 7,209 88,023 % Change 2.10%-1.64%-13.92%-16.90%-16.68%-2.54%-18.54%-19.46%-10.83%-8.40% April 2014 vs. April 2015 down -8.40% YTD Down -10.68% JUL AUG SEP OCT NOV DEC JAN FEB MAR APR TOTAL % Change Operations FY2012 17,069 16,571 11,730 9,580 7,892 8,238 6,966 6,103 5,928 7,966 80,974 Operations FY2013 19,062 18,899 13,589 9,581 8,624 7,309 6,645 5,546 7,257 8,305 85,755 5.90% Operations FY2014 16,459 17,761 13,170 10,184 7,532 7,040 5,329 4,821 6,031 7,870 79,738 -7.02% Operations FY2015 16,805 17,470 11,337 8,463 6,276 6,861 4,341 3,883 5,378 7,209 71,218 -10.68% Nantucket Memorial Airport JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN Operations FY2012 17,069 16,571 11,730 9,580 7,892 8,238 6,966 6,103 5,928 7,966 7,618 14,315 Operations FY2013 19,062 18,899 13,589 9,581 8,624 7,309 6,645 5,546 7,257 8,305 10,302 11,779 Operations FY2014 16,459 17,761 13,170 10,184 7,532 7,040 5,329 4,821 6,031 7,870 10,675 12,767 Operations FY2015 16,805 17,470 11,337 8,463 6,276 6,861 4,341 3,883 5,378 7,209 0 5,000 10,000 15,000 20,000 25,000 OperationsOperations FY 2012-2015 Nantucket Memorial Airport Passenger Enplanements FY2014 vs. FY2015 CY 2014 CY 2015 FY2015 AIRLINE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL Cape Air (KAP)7,305 7,557 5,117 3,098 1,619 1,639 912 895 1,117 1,688 30,947 Piedmont/United 2,511 2,980 1,449Closed Closed Closed Closed Closed Closed Closed Closed 6,940 Continental Connection (Comut air)Closed Closed Closed Closed Closed Closed Closed Closed Closed Closed Closed Delta Express (Freedom Air)Closed Closed Closed Closed Closed Closed Closed Closed Closed Closed Closed Delta Airlines 3,564 4,453 195Closed Closed Closed Closed Closed Closed Closed Closed 8,212 Island Air (ISA)5,573 5,507 4,901 4,424 3,578 4,028 2,311 2,473 3,287 4,082 40,164 JetBlue Airways 7,736 9,036 4,500 1,649Closed Closed Closed Closed Closed Closed 22,921 Nantucket Air (ACK)2,715 2,667 2,388 2,188 1,392 1,338 1,004 1,157 1,613 1,727 18,189 Tradewind Aviation 1,030 1,078 566 202 101 147 6 11 9 110 3,260 USAirways (Air Wisconsin -AWI)1,851 2,225 131Closed Closed Closed Closed Closed Closed Closed Closed 4,207 Monthly Total 32,285 35,503 19,247 11,561 6,690 7,152 4,233 4,536 6,026 7,607 134,840 % Change Prior Year 0.86%-0.71%-5.33%-8.72%-13.31%-5.07%-10.47%0.67%-5.22%-10.01% April 2014 vs. April 2015 Down –10.01% YTD Down -5.08% JUL AUG SEP OCT NOV DEC JAN FEB MAR APR TOTAL % Change Enplanements FY 2012 31,199 31,788 18,744 12,012 9,029 8,752 6,729 7,047 7,627 9,674 111,402 Enplanements FY 2013 31,484 32,852 19,449 12,130 8,476 8,647 6,183 5,893 7,481 9,407 110,518 -0.79% Enplanements FY 2014 32,009 35,758 20,330 12,665 7,717 7,534 4,728 4,506 6,358 8,453 108,049 -2.23% Enplanements FY 2015 32,285 35,503 19,247 11,561 6,690 7,152 4,233 4,536 6,026 7,607 102,555 -5.08% Nantucket Memorial Airport JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN Enplanements FY 2012 31,199 31,788 18,744 12,012 9,029 8,752 6,729 7,047 7,627 9,674 12,381 18,924 Enplanements FY 2013 31,484 32,852 19,449 12,130 8,476 8,647 6,183 5,893 7,481 9,407 13,479 19,847 Enplanements FY 2014 32,009 35,758 20,330 12,665 7,717 7,534 4,728 4,506 6,358 8,453 14,230 19,841 Enplanements FY 2015 32,285 35,503 19,247 11,561 6,690 7,152 4,233 4,536 6,026 7,607 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 Passenger Enplanements FY 2012-2015 Nantucket Memorial Airport Jet A Gallons Sold FY2011 vs. FY2015 July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Total FY 2011 296,316.00 318,813.00 117,739.00 55,443.00 35,941.00 30,868.00 14,673.00 12,538.00 9,810.00 25,579.00 70,286.00 139,264.00 1,127,270.00 FY 2012 308,872.00 356,397.00 148,885.00 57,094.00 39,664.00 16,689.00 9,244.00 8,680.00 11,534.00 28,968.00 64,348.00 167,260.00 1,217,635.00 FY 2013 313,706.00 349,254.00 133,081.00 48,812.00 26,391.00 20,748.00 6,688.00 11,008.00 9,704.00 18,140.00 49,217.00 178,209.00 1,164,958.00 FY 2014 347,797.00 336,909.00 133,223.00 46,090.00 30,953.00 31,661.00 5,518.00 6,260.00 8,994.00 16,948.00 67,246.00 163,379.00 1,194,978.00 FY 2015 345,249.00 355,563.00 126,097.00 50,498.00 27,809.00 26,861.00 3,942.00 3,647.00 4,959.00 16,853.00 961,478.00 April 2014 vs. April 2015 Down -1% YTD Down -0.05% July Aug Sep Oct Nov Dec JAN Feb MAR APR Total % Change FY 2011 Jet A 296,316.00 318,813.00 117,739.00 55,443.00 35,941.00 30,868.00 14,673.00 12,538.00 9,810.00 25,579.00 621,404.00 FY 2012 Jet A 308,872.00 356,397.00 148,885.00 57,094.00 39,664.00 16,689.00 9,244.00 8,680.00 11,534.00 28,968.00 677,155.00 8.97% FY 2013 Jet A 313,706.00 349,254.00 133,081.00 48,812.00 26,391.00 20,748.00 6,688.00 11,008.00 9,704.00 18,140.00 623,826.00 -7.88% FY 2014 Jet A 347,797.00 336,909.00 133,223.00 46,090.00 30,953.00 31,661.00 5,518.00 6,260.00 8,994.00 16,948.00 616,556.00 -1.17% FY 2015 Jet A 345,249.00 355,563.00 126,097.00 50,498.00 27,809.00 26,861.00 3,942.00 3,647.00 4,959.00 16,853.00 616,229.00 -0.05% Nantucket Memorial Airport July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June FY 2011 296,316.0 318,813.0 117,739.0 55,443.00 35,941.00 30,868.00 14,673.00 12,538.00 9,810.00 25,579.00 70,286.00 139,264.0 FY 2012 308,872.0 356,397.0 148,885.0 57,094.00 39,664.00 16,689.00 9,244.00 8,680.00 11,534.00 28,968.00 64,348.00 167,260.0 FY 2013 313,706.0 349,254.0 133,081.0 48,812.00 26,391.00 20,748.00 6,688.00 11,008.00 9,704.00 18,140.00 49,217.00 178,209.0 FY 2014 347,797.0 336,909.0 133,223.0 46,090.00 30,953.00 31,661.00 5,518.00 6,260.00 8,994.00 16,948.00 67,246.00 163,379.0 FY 2015 345,249.0 355,563.0 126,097.0 50,498.00 27,809.00 26,861.00 3,942.00 3,647.00 4,959.00 16,853.00 - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 GallonsMonthly Jet A Gallons Sold Per Fiscal Year Nantucket Memorial Airport AvGas Gallons Sold FY2011 vs. FY2015 July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Total FY 2011 25,308.30 23,727.70 15,022.70 6,695.60 3,300.00 4,161.50 2,306.00 1,976.00 2,339.20 11,885.80 12,514.70 13,811.10 123,048.60 FY 2012 26,769.50 25,777.50 15,956.90 9,067.30 3,897.00 4,094.00 2,054.20 2,917.30 3,527.60 9,389.20 13,661.80 20,124.10 137,236.40 FY 2013 29,107.10 25,742.30 13,727.90 6,840.90 5,152.10 3,295.70 2,477.90 2,176.10 2,927.00 4,245.30 8,719.60 11,595.20 116,007.10 FY 2014 23,475.10 29,626.50 13,996.70 6,999.00 3,869.60 4,579.80 1,974.10 1,346.00 1,836.00 3,616.00 8,465.30 15,239.30 115,023.40 FY 2015 23,806.00 24,958.50 11,454.10 8,228.10 4,642.20 4,294.60 1,768.30 2,082.70 2,323.80 4,130.00 87,688.30 April 2014 vs. April 2015 UP 14% YTD Down -5.84% July Aug Sep Oct Nov Dec JAN Feb MAR APR YTD Total % Change 2011 AvGas 25,308.30 23,727.70 15,022.70 6,695.60 3,300.00 4,161.50 2,306.00 1,976.00 2,339.20 11,885.80 71,414.50 2012 AvGas 26,769.50 25,777.50 15,956.90 9,067.30 3,897.00 4,094.00 2,054.20 2,917.30 3,527.60 9,389.20 76,681.00 7.37% 2013 AvGas 29,107.10 25,742.30 13,727.90 6,840.90 5,152.10 3,295.70 2,477.90 2,176.10 2,927.00 4,245.30 66,585.20 -13.17% 2014 AvGas 23,475.10 29,626.50 13,996.70 6,999.00 3,869.60 4,579.80 1,974.10 1,346.00 1,836.00 3,616.00 67,843.70 1.89% 2015 AvGas 23,806.00 24,958.50 11,454.10 8,228.10 4,642.20 4,294.60 1,768.30 2,082.70 2,323.80 4,130.00 63,882.30 -5.84% Nantucket Memorial Airport July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June FY 2011 25,308.30 23,727.70 15,022.70 6,695.60 3,300.00 4,161.50 2,306.00 1,976.00 2,339.20 11,885.80 12,514.70 13,811.10 FY 2012 26,769.50 25,777.50 15,956.90 9,067.30 3,897.00 4,094.00 2,054.20 2,917.30 3,527.60 9,389.20 13,661.80 20,124.10 FY 2013 29,107.10 25,742.30 13,727.90 6,840.90 5,152.10 3,295.70 2,477.90 2,176.10 2,927.00 4,245.30 8,719.60 11,595.20 FY 2014 23,475.10 29,626.50 13,996.70 6,999.00 3,869.60 4,579.80 1,974.10 1,346.00 1,836.00 3,616.00 8,465.30 15,239.30 FY 2015 23,806.00 24,958.50 11,454.10 8,228.10 4,642.20 4,294.60 1,768.30 2,082.70 2,323.80 4,130.00 - 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 35,000.00 GallonsMonthly AV GAS Gallons Sold Per Fiscal Year Nantucket Memorial Airport -FY 2015 monthly freight - 2015 AIRLINE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL Cape Air (KAP)36,962 34,592 57,488 45,387 Island Air (ISA)36,352 34,272 39,060 44,900 Wiggins-FedEx 25,152 27,823 39,064 52,742 Wiggins-UPS 1,505 3,391 3,026 6,933 Monthly Total 99,971 100,078 138,638 149,962 % Change Prior Year -14%-1%16%-8% April 2014 vs. April 2015 Down -8% YTD Down –2.67% Freight July Aug SEP OCT NOV DEC JAN FEB MAR APR Total % Change FY 2011 346,413.00 326,203.00 214,369.00 159,724.00 130,603.00 161,466.00 112,495.00 103,304.00 149,372.00 170,032.00 1,873,981.00 FY 2012 318,119.00 240,682.00 170,392.00 152,629.00 161,493.00 161,511.00 127,359.00 117,287.00 140,523.00 159,985.00 1,749,980.00 -6.62% FY 2013 333,381.00 347,503.00 219,192.00 173,335.00 168,204.00 177,381.00 140,018.00 121,076.00 141,791.00 169,638.00 1,991,519.00 13.80% FY 2014 307,645.00 311,070.00 197,415.00 170,008.00 150,133.00 163,458.00 115,746.00 100,655.00 119,438.00 163,665.00 1,799,233.00 -9.66% FY 2015 340,810.00 296,751.00 193,221.00 157,439.00 131,262.00 143,100.00 99,971.00 100,078.00 138,638.00 149,962.00 1,751,232.00 -2.67% Nantucket Memorial Airport Noise Complaints July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Total FY 2011 Calls 21 25 6 9 3 4 1 1 1 0 3 8 82 FY 2012 Calls 23 28 13 1 2 4 6 4 1 3 16 22 123 FY 2013 Calls 96 7 6 5 4 2 2 4 2 11 25 25 189 FY 2014 Calls 28 12 8 2 4 0 1 0 1 0 33 44 133 FY 2015 Calls 47 61 46 12 3 4 0 2 3 3 181 July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June FY 2011 Calls 21 25 6 9 3 4 1 1 1 0 3 8 FY 2012 Calls 23 28 13 1 2 4 6 4 1 3 16 22 FY 2013 Calls 96 7 6 5 4 2 2 4 2 11 25 25 FY 2014 Calls 28 12 8 2 4 0 1 0 1 0 33 44 FY 2015 Calls 47 61 46 12 3 4 0 2 3 3 0 20 40 60 80 100 120 Number of ComplaintsAxis Title Noise Complaints FY 2011-2015 April Noise Complaint Summary: April 2015 –3 Noise Complaints Three complaints were received from one caller: •Two Medflights, which were not further investigated. •One private helicopter. Upon investigation, pilot was following ATCT instructions for approach and transition into Delta airspace given use of 15/33. FY 2011-2015 100 LL Gallons Sold July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June QTR 1 QRT 2 QRT 3 QRT 4 FY11 25,308.30 23,727.70 15,022.70 6,695.60 3,300.00 4,161.50 2,306.00 1,976.00 2,339.20 11,885.80 12,514.70 13,811.10 64,058.70 14,157.10 6,621.20 38,211.60 FY12 26,769.50 25,777.50 15,956.90 9,067.30 3,897.00 4,094.00 2,054.20 2,917.30 3,527.60 9,389.20 13,661.80 20,124.10 FY12 68,503.90 17,058.30 8,499.10 43,175.10 FY13 29,107.10 25,742.30 13,727.90 6,840.90 5,152.10 3,295.70 2,477.90 2,176.10 2,927.00 4,245.30 8,719.60 11,595.20 FY13 68,577.30 15,288.70 7,581.00 24,560.10 FY14 23,475.10 29,626.50 13,996.70 6,999.00 3,869.60 4,579.80 1,974.10 1,346.30 1,836.00 3,617.00 8,465.30 15,239.30 FY14 67,098.30 15,448.40 5,156.40 27,321.60 FY15 23,806.00 24,958.50 11,454.10 8,228.10 4,642.20 4,294.60 1,768.30 2,082.70 2,323.80 4,130.00 7,154.30 FY15 60,218.60 17,164.90 6,174.80 Compare: FY14-FY15 330.90 (4,668.00) (2,542.60) 1,229.10 772.60 (285.20) (205.80) 736.40 487.80 513.00 (1,311.00) (4,942.80) (over)/short July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June FY11 25,308.30 23,727.70 15,022.70 6,695.60 3,300.00 4,161.50 2,306.00 1,976.00 2,339.20 11,885.80 12,514.70 13,811.10 FY12 26,769.50 25,777.50 15,956.90 9,067.30 3,897.00 4,094.00 2,054.20 2,917.30 3,527.60 9,389.20 13,661.80 20,124.10 FY13 29,107.10 25,742.30 13,727.90 6,840.90 5,152.10 3,295.70 2,477.90 2,176.10 2,927.00 4,245.30 8,719.60 11,595.20 FY14 23,475.10 29,626.50 13,996.70 6,999.00 3,869.60 4,579.80 1,974.10 1,346.30 1,836.00 3,617.00 8,465.30 15,239.30 FY15 23,806.00 24,958.50 11,454.10 8,228.10 4,642.20 4,294.60 1,768.30 2,082.70 2,323.80 4,130.00 7,154.30 - 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 35,000.00 GallonsMonthly 100LL Gallons Sold Per Fiscal Year FY 2011-2015 Jet A Gallons Sold July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June QTR 1 QRT 2 QRT 3 QRT 4 FY11 296,316.00 318,813.00 117,739.00 55,443.00 35,941.00 30,868.00 14,673.00 12,538.00 9,810.00 25,579.00 70,286.00 139,264.00 732,868.00 122,252.00 37,021.00 235,129.00 FY12 308,872.00 356,397.00 148,885.00 57,094.00 39,664.00 16,689.00 9,244.00 8,680.00 11,534.00 28,968.00 64,348.00 167,260.00 FY12 814,154.00 113,447.00 29,458.00 260,576.00 FY13 313,706.00 349,254.00 133,081.00 48,812.00 26,391.00 20,748.00 6,688.00 11,008.00 9,704.00 18,140.00 49,217.00 178,209.00 FY13 796,041.00 95,951.00 27,400.00 245,566.00 FY14 347,797.00 336,909.00 133,223.00 46,090.00 30,953.00 31,661.00 5,518.00 6,260.00 8,994.00 16,948.00 67,246.00 163,379.00 FY14 817,929.00 108,704.00 20,772.00 247,573.00 FY15 345,249.00 355,563.00 126,097.00 50,498.00 27,809.00 26,861.00 3,942.00 3,647.00 4,959.00 16,853.00 60,759.00 FY15 826,909.00 105,168.00 12,548.00 Compare: FY14-FY15 (2,548.00) 18,654.00 (7,126.00) 4,408.00 (3,144.00) (4,800.00) (1,576.00) (2,613.00) (4,035.00) (95.00) (6,487.00) (9,362.00) (over) from last year; short from last year July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June FY11 296,316.00 318,813.00 117,739.00 55,443.00 35,941.00 30,868.00 14,673.00 12,538.00 9,810.00 25,579.00 70,286.00 139,264.00 FY12 308,872.00 356,397.00 148,885.00 57,094.00 39,664.00 16,689.00 9,244.00 8,680.00 11,534.00 28,968.00 64,348.00 167,260.00 FY13 313,706.00 349,254.00 133,081.00 48,812.00 26,391.00 20,748.00 6,688.00 11,008.00 9,704.00 18,140.00 49,217.00 178,209.00 FY14 347,797.00 336,909.00 133,223.00 46,090.00 30,953.00 31,661.00 5,518.00 6,260.00 8,994.00 16,948.00 67,246.00 163,379.00 FY15 345,249.00 355,563.00 126,097.00 50,498.00 27,809.00 26,861.00 3,942.00 3,647.00 4,959.00 16,853.00 60,759.00 - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 GallonsMonthly Jet A Gallons Sold Per Fiscal Year