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HomeMy WebLinkAbout2020-10-13 NA 4TUCK I Town of Nantucket ? C L E NANTUCKET MEMORIAL AIRPORT2020 3ir 12 PM 2: 35 14 Airport Road Nantucket Island, Massachusetts 02554 Thomas M.Rafter,Airport Manager A Vii. 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 AIRPORT COMMISSION MEETING October 13,2020 The meeting was called to order at 5:00 pm by Chairman Daniel Drake with the following Commissioners present: Arthur Gasbarro,Andrea Planzer and Anthony Bouscaren. Commissioner Jeanette Topham was absent. This meeting was conducted remotely by video conference via Zoom app and broadcasted on the Town of Nantucket YouTube Channel consistent with Governor Baker's Executive Order of March 12, 2020, due to the current State of Emergency in the Commonwealth and due to the outbreak of the"COVID-19 Virus". Airport employees present were: Tom Rafter, Airport Manager, Noah Karberg, Assistant Airport Manager,Katy Perales, Office Manager and Lillian Sylvia,Administrative Assistant. Also present was, David Mackey, Anderson and Krieger, Robert Walsh and Mr. Wash's attorney Kevin Cain, Sulloway and Hollis P.L.L.0 Mr. Drake read the Town's virtual meeting statement. Mr. Drake announced the meeting was being audio and video recorded. Mr. Drake asked for comments on the Agenda;hearing none,the Agenda was adopted. Mr. Bouscaren made a Motion to approve the 9/8/20 draft minutes. Second by Ms. Planzer and Passed by the following roll call vote: Ms. Planzer-Aye Mr. Bouscaren-Aye Mr. Gasbarro-Aye Mr. Drake-Aye Mr. Bouscaren made a Motion to approve and release the 2/25/14, 4/14/15, 5/12/15, 1/10/17, 6/13/17,7/11/17, 8/8/17,9/12/17, 10/10/17, 11/14/17, 12/12/17, 1/9/18,2/13/18 Executive Session Minutes. Second by Ms. Planzer and Passed by the following roll call vote: Ms.Planzer-Aye Mr. Bouscaren-Aye Mr. Gasbarro-Aye Mr.Drake-Aye Mr. Bouscaren made a Motion to ratify the 9/9/20, 9/23/20 and 10/7/20 Warrants. Second by Mr. Gasbarro and Passed by the following roll call vote: Ms. Planzer-Aye Mr. Bouscaren-Aye Mr. Gasbarro-Aye Mr.Drake-Aye 101320-01 Robert Walsh Request to Reconsider July 2,2019 Notice of Restriction-Mr.Drake explained that after Mr. Walsh is heard, the Commission will not discuss this matter in public session because it is the subject of litigation brought by Mr.Walsh against the Airport Commission and is also the subject of a current Part 13 complaint filed with the FAA by Mr. Walsh against the Airport. The subject will be discussed in the Executive Session immediately following this public session and, with the permission of the Commission, the outcome will be given to Kevin Cain,Robert Walsh's attorney and,through him,to Mr. Walsh. Mr. Rafter gave a recap regarding the Notice of Restriction that was sent to Mr. Walsh on July 2, 2019 for various reasons including misuse of his Airport-issued access credentials,failure to attend a disabled aircraft, disorderly behavior and nonpayment of fees. Mr. Rafter then reported that a letter was sent to Mr. Walsh on August 25, 2020 providing additional information regarding the FAA order of Revocation of the Air Carrier certificate for Nantucket Express, a charter service owned and operated by Mr. Walsh. This order lists multiple instances of three different FAA rule violations.These included,flying an aircraft not listed in the operations specifications of the charter company;pilots flying for the charter company without having passed the written test or check ride for the aircraft they were flying; and flying aircraft that had not had their annual or 100-hour inspections. Mr. Rafter noted that the FAA's determination of the Part 13 complaint filed by Mr. Walsh is pending. Mr. Rafter recommended that the Commission extend the restriction of Mr. Walsh from using Nantucket Airport for at least one more year,based on this information. Mr. Cain, speaking on Mr. Walsh's behalf, first noted the documents that he submitted for the record,which included Mr.Walsh's current pilot's license,medical certificate and evidence of Mr. Walsh's most recent, successful, biennial flight review. Mr. Cain explained that these documents allow Mr.Walsh to pilot an aircraft anywhere in the continental United States and its territories and it permits Mr. Walsh to take off and land at any public airport within the United States. Mr. Cain explained that Mr. Walsh is 75 years old with over 40,000 hours experience in the air and"tens of thousands"of successful take offs and landings at Nantucket Airport.Mr. Cain also explained that Mr. Walsh does not have an infinite amount of time in his life to operate an aircraft and that being barred from flight operations at Nantucket Airport, where he has operated for many years, as he has spent much of his life traveling to and from the island, is a great inconvenience. Mr.Cain also argued that there is no sanction guidance in the Nantucket Airport Rules and Regulations with respect to penalties for rule violations and, therefore the decision to bar Mr. Walsh from flight operations at Nantucket Airport, as the result of his actions was arbitrary and capricious. Mr. Cain continued that the Air Carrier certificate revocation by the FAA for Nantucket Express only relates to that company which no longer exists and not to Mr.Walsh's individual privileges as a pilot. In concluding,Mr. Cain reiterated that Mr.Walsh has served his time and by prohibiting him to fly to Nantucket, where he has a home, is a severe sanction and one that is not guided by any written sanction guidance.Mr.Cain believes there is no evidence that Mr.Walsh presents a safety concern operating an aircraft at Nantucket Airport. Mr. Cain asked the Commission to reconsider the restrictions and permit Mr. Walsh to come back and land/park his aircraft at Nantucket Airport. 10/13/20 Airport Commission Meeting Page 2 of 9 Mr. Drake asked for clarity on whether Mr. Walsh surrendered the operating certificate for Nantucket Express. Mr. Walsh responded that he had surrendered his operating certificate for Nantucket Express to the FAA in January 2018. Mr. Drake asked that while Mr. Walsh may be a safe pilot, why should the Commission not be concerned with the FAA order of Revocation that was listed above against Mr. Walsh. Mr. Cain explained that the Revocation was against Nantucket Express,which no longer exists and that this is to allow Mr. Walsh to be able to fly his own personal aircraft to and from the island. Mr. Drake asked why the Commission should not assume that those incidents, which happened under Mr. Walsh's control when they happened, are not indicative of Mr.Walsh's general approach to safety issues at the Airport. Mr. Cain explained that he believes it is up to the FAA to determine if Mr. Walsh is a safe pilot, and that with knowledge of these incidents the FAA has not taken further action. Mr. Drake noted that the Commission gave Mr. Walsh the opportunity to apply for reinstatement of his operating privileges after six months of his restriction and asked why he did not act on it until Airport' counsel reached out to him in August,2020 regarding the FAA Order of Revocation. Mr. Cain explained that from what he understood,Mr. Walsh's restriction from the Airport was to be reconsidered by the Commission after six months of its affirmation of the Order of restriction in July 2019. Mr. Cain noted that it has now been over a year and has explained why he believes Mr.Walsh is a safe pilot.Airport counsel,David Mackey explained that Mr.Walsh was previously represented by a different attorney, with whom Mr. Mackey exchanged emails discussing Mr. Walsh's presence at the April 14, 2020 Commission meeting. Mr. Mackey explained that shortly before the April meeting he reached out to Mr. Walsh's then counsel, to underscore that the opportunity for a rehearing was available to Mr. Walsh, but he was unable to reach him. Mr. Rafter explained that it is understood that FAA regulates the actual flying aspect of this situation,but that Mr. Walsh has demonstrated a general disregard for the rules and regulations of both Nantucket Memorial Airport and the FAA which have the safety of the flying public as a primary objective. Mr. Cain replied that Mr. Walsh has been caught and has been punished and restated his argument that the action of the Airport was arbitrary and capricious because of the absence of sanction guidance in the Airport's rules. Pending Leases/Contracts — Mr. Rafter presented for approval the following agreements and contracts: + Fly the Whale- Operating agreement for air charter/Fly Blade Affiliate for an annual business fee of$1,500 plus landing and ramp fees on a per turn basis. + United AG&Turf-Contract in the amount of$13,970 for the purchase of a Z994R Diesel Commercial Ztack. Includes two-year warranty. + Grey Wall Software, LLC- Contract amendment No. 1 for a refund for professional services package for FY21 in the amount of$5,400. Package no longer needed due to unused service hours. + MIIQ,Inc:Contract in the amount of$48,553 for the purchase of a new 2020 Ford F350 pickup truck,which replaces vehicle A-9 2005 Ford 350. • MI-1Q,Inc.-Contract in the amount of$73,291 for the purchase of a new 2020 Ford E350 cutaway van (bus), that will be utilized by the Operations Department to transport passengers on the South ramp. + McFarland Johnson,Inc: Task Order MJ-PN-07 in the amount of$12,050 for CARES Act Grant administration services. 10/13/20 Airport Commission Meeting Page 3 of 9 I McFarland Johnson,Inc.-Task Order MJ-PN-06 in the amount of$17,700 for passenger facility charge administration services for 2020-2022. Mr. Bouscaren made a Motion to approve the pending agreements and contracts as presented Second by Mr. Planzer and Passed by the following roll call vote- Ms. Planzer-Aye Mr. Bouscaren-Aye Mr. Gasbarro-Aye Mr. Drake-Aye Pending Matters—Mr. Rafter reported on: + 091019-01 Capital Approval Process/Home Rule Petition-Mr.Rafter reported that Article 94 in the warrant was passed at Annual Town Meeting(ATM).A request was received from the Town Manager for additional detail for reasoning for the request.Then the town will forward the home rule petition to the State Legislature. 071420-03 Per-an polyfluoroalkyl substances(PFAS)Investigation Update-Mr. Rafter reviewed a PFAS template showing numbers for Madequecham Valley Road,Monohansett and Nobadeer Way in the following categories- • Access Agreements • Samples Taken(private wells) • Results • POET Systems • POETs winterized • Residences with Bottled Water • Connect to Town Water Mr. Rafter also reviewed an email from a residents of 42 Okorwaw Avenue who had their wells tested privately,with test results above the MassDEP threshold for drinking water as well as a response email from the Airport Licensed Site Professional(LSP), indicating that he did not believe it was the result of Airport activities and that MassDEP concurred with his findings. The Commission discussed how the response from the LSP regarding the PFAS test results at 42 Okorwaw would be communicated to the resident. It was agreed that the response from the LSP should be forwarded to the homeowner by Airport Administration Mr. Rafter reported on briefing Jorge Pantelli,FAA Northeast Region Compliance Officer,on the Airport's PFAS program and the plans for the water main extension,to make sure the Airport is complying with FAA regulations with regards to use of Airport revenue.Mr.Pantelli responded that he did not have any concerns at this time. Mr.Drake asked the status of the PFAS plume investigation. Mr. Karberg explained that plume identification is considered phase II work. Mr. Gasbarro asked for details of the water main extension study. Mr. Karberg explained the consultant has retained a local surveyor to assist with the Madequcham Valley Road layout issue, as the current road is not in its right of way.Mr. Karberg explained that the least expensive and most effective option for laying the water main is the trench-and-fill approach. The general time frame for design and permitting is estimated to be three to six months. 10/13/20 Airport Commission Meeting Page 4 of 9 Mr. Gasbarro asked for an update on the Nobadeer Way water main. Mr. Karberg explained that he is drafting a policy for the Commission to review. Mr. Gasbarro commented that he noticed Airport Administration had made budgetary provision had been made for replacing the Airport's firefighting turn out gear when a PFAS-free substitute is available is available and gave his thanks. 071420-02 Airport Manager Contract Review-Mr.Drake explained that there were revisions to the Airport Mangers Contract that was previously approved at the August 8,2020 Commission meeting.Mr. Drake proposed two changes in the fringe benefits section on page 4 of the contract:1)to increase Mr.Rafter's housing allowance from $1,500/month to $2,000/month; and, 2)to increase the amount payable into Mr. Rafter's deferred compensation plan be increased from $3,000/year to$5,000/year Both changes would be effective July 1,2020 Mr. Bouscaren made a Motion to approve the Airport Manager's Contract effective for three years beginning July 1,2020. Second by Ms. Planzer and Passed by the following roll call vote: Ms.Planzer-Aye Mr. Bouscaren-Aye Mr. Gasbarro-Aye Mr. Drake-Aye 101320-02 Declaration of Surplus Property Bunker Road Parcel-Mr.Rafter explained that there is a parcel of land located behind the Toscana leased property on Bunker Road that Toscana has expressed interest in. This lease must be bid publicly. Mr. Rafter explained that the Town GIS indicates that the parcel is larger than it is and that it owned by the Electric Company,when in fact it is Airport property.An appraisal was completed, and it is being surveyed and staked out.A Request for Proposal(RFP) is being developed. Mr. Gasbarro made a Motion to approve the Declaration for Surplus Property. Second by Mr. Bouscaren and Passed by the following roll call vote: Ms. Planzer-Aye Mr. Bouscaren-Aye Mr. Gasbarro-Aye Mr. Drake-Aye Finance-Mr. Rafter reported on: 071420-4 Lease Payment Abatement/Deferment Discussion-Legal is finalizing an Amendment to the Crosswinds Restaurant lease regarding the deferment and language change. The Amendment will then be presented to Crosswinds. 101320-03 Increase Fuel Revolver Cap-Mr. Rafter reported that,based on the projection of reduced sales of fuel because of the pandemic the Fuel Revolver Cap was originally set at$2 Million. Currently,based on the actual traffic numbers for July through September 2020,the Airport is estimating 1.104 million gallons will be sold in FY2021. an average price of$4.15 per gallon will result in anticipated fuel revenue of$4.5 Million. The related fuel expense for FY21 estimated to be $2.2 Million. Raising the Fuel Cap to$3.5 Million will result in an overflow into the operating budget$1,082,882 on the basis of total estimated fuel revenue of$4,582,882. 10/13/20 Airport Commission Meeting Page 5 of 9 Mr. Rafter requested raising the Fuel Revolver cap from $2 Million to$3.5 Million for FY2021. If approved by the Commission,the increase requires the approval of the Select Board and the Finance Committee. Mr. Bouscaren made a Motion to raise the fuel revolver cap to $3.5 Million. Second by Ms. Planzer and Passed by the following roll call vote- Ms. Planzer-Aye Mr.Bouscaren-Aye Mr. Gasbarro-Aye Mr.Drake-Aye 101320-04 FY22 Draft Budget-Mr. Rafter said that the budget is being drafted and will be presented to the Commission at the November Commission meeting,with final requested at the December Commission meeting. 101320-05 FY22 Capital Program (Capcom and CIP)-Mr. Rafter reviewed the FY22 Capital Plan that was presented to the Capital Committee.Mr.Rafter also reviewed an updated CIP which is based on FAA feedback. Mr.Bouscaren made a Motion to ratify the Capital Budget as presented to the Capital Projects Committee. Second by Ms.Planzer and Passed by the following roll call vote: Ms. Planzer-Aye Mr. Bouscaren-Aye Mr. Gasbarro-Aye Mr.Drake-Aye Manager's Report Project Updates—Mr. Rafter reported: + Security Project Phase II-Held preconstruction meeting.Work anticipated to begin early November 2020. + EA/EIS- Environmental Subcommittee will meet to review documents and will be forwarded to all Commissioners. + Fuel Farm Rehabilitation- Filed electrical Sub-bids now due October 21, 2020 and General Contracting bids are now due October 28, 2020. Some redesign work for the fire suppression had to be done. + Taxiway E-Construction has begun. Phase II work will begin next week. + Drainage Plan-Field work has been completed and anticipate a report shortly. + ALP Geometry-Reviewing proposed task order. • Watermain Installation- McFarland Johnson, Inc., Wannacomet Water Company and Mr. Karberg performed a site visit and developed a conceptual layout for the waterline. Town council is reviewing the agreement that was developed by Anderson and Krieger. Had a briefing with Mr. Pantelli, FAA Compliance, on the Airport's PFAS program and the intentions with the watermain, to make sure the Airport is following compliance regulations with regards to use of Airport revenue. Mr. Pantelli reported that he did not have any concerns at this time. RFP/IFB Bid Status—Mr. Rafter reported on: + Request for Expression of Interest- Freight Hangar- Was an open-ended bid that now has a deadline of October 27, 2020. 10/13/20 Airport Commission Meeting Page 6 of 9 + Request for Expression of Interest- Hangar Development- Working on a lease with George Turner. Two additional parties have expressed interest in hangar development. Working with Airport legal counsel on how to approach. + Fuel Farm Rehabilitation- Information for Bids (IFB) went out September 3`d and filed sub-bids are due September 24, 2020 and General Contracting bids are due October 1, 2020. + POET Systems-Nonemergency installation and house doctor bids went out for a second time and received no bids. Legal is discussing with the Attorney General what the next alternatives could be regarding procurement. + Bunker Road Land-Working on Request for Proposal(RFP)for additional land located on Bunker Road due to interest. A survey of the land is being conducted. Met with the PLUS department on a GIS resolution. + Car Rental Agreements-Leases expire December 31,2020. Were initially going to issue an RFP but due to challenges of working with the Town regarding medallions availability the Airport is going to extend the current leases for one more year. Operations—Mr. Rafter reported: + JetBlue continuing service through the end of December 2020 with between three to four flights to JFK. Working through impacts this will have on the Airport. + Southern Airways will be operating year-round, servicing Hyannis, MA, Providence, RI, Norwood,MA and New Bedford, MA. + General Aviation operations were up 40% in September, but fuel sales were down 4%. + Looking at APU violations and looking at ways to identify the frequent and flagrant violators and how to develop a method to obtain compliance. + FAA Certification Inspection has been postponed till further notice. Statistics—Mr. Rafter reviewed the August 2020 statistics: Mr. Rafter noted that because of the reduced hours in the Air Traffic Control Tower statistics may not be completely comparable to previous years. + Operations are down 37.35% from August 2019; and down 40.83% from last FYTD. + Enplanements are down 64.35%from August 2019; and down 65.12%from last FYTD. + Jet A Gallons are down 20.60%from August 2019; and down 17.51%from last FYTD. + Jet A Gallons are up 0.42%from September 2019. + AvGas Gallons are down 21.91%from August 2019; and down 28.20%from last FYTD. + AvGas Gallons are down 5.25%from September 2019. + Freight is up 2.82% from August 2019; and up 3.07%from last FYTD. + 27 Noise complaints were filed for August 2020 compared to 38 in August 2019. Mr. Drake asked about the Philadelphia and Charlotte market. Mr. Rafter explained that Philadelphia was not served this year due to COVID-19 and Charlotte is down 19% on American Airlines. Mr. Drake asked Mr. Rafter to check on the Philadelphia service Personnel Report-Mr. Rafter reported: + New FBO supervisor, Eddie O'Keefe has been hired. Commissioners Comments- Mr. Drake asked for an update on freight service. Mr. Rafter explained that Cape Air has started freight service again through the passenger terminal and Airport Administration is finalizing an agreement with Airport legal counsel. 10/13/20 Airport Commission Meeting Page 7 of 9 Public Comment- None. Having no further business for Open Session, Mr. Bouscaren made a Motion to go into Executive Session,under G.L. Chapter 30A, Section 21A,not to return to Open Session,to review Executive Session Minutes as enumerated on the Agenda; Clause 3: To discuss strategy with respect to the litigation regarding the Gatto claim,where the Chair has determined that an open session may have detrimental effect on the litigating position of the Airport Commission.; Clause 3: To discuss strategy with respect to the litigation regarding Walsh,where the Chair has determined that an open session may have detrimental effect on the litigating position of the Airport Commission; Clause 3:To discuss strategy with respect to collective bargaining,where the Chair has determined that an open session may have detrimental effect on the bargaining position of the Airport Commission. Clause 3: To Discuss Strategy with Respect to Pursuing Legal Claims against Manufacturer of Polyfluoroalkyl Substances (PFAS), where the Chair has Determined that an Open Meeting May have a Detrimental Effect on the Litigating Position of the Airport Commission. Clause 3: To Discuss Strategy with Respect to Potential Legal Claims against the Airport - Polyfluoroalkyl Substances(PFAS),where the Chair has Determined that an Open Meeting May have a Detrimental Effect on the Litigating Position of the Airport Commission. Second by Mr. Gasbarro and Passed unanimously,by the following roll-call vote: Ms.Planzer-Aye Mr. Bouscaren-Aye Mr. Gasbarro-Aye Mr. Drake-Aye Meeting adjourned at 6:25pm. Respectfully submitted, Lillian Sylvia,Recorder 10/13/20 Airport Commission Meeting Page 8 of 9 Master List of Documents Used 10/13//20 Agenda including Exhibit 1 (Handout) 9/8/20 Draft Minutes 2/25/14,4/14/15, 5/12/15, 1/10/17, 6/13/17, 7/11/17, 8/8/17,9/12/17, 10/10/17, 11/14/17, 12/17/17, 1/9/18, 2/13/18 Executive Session Minutes 9/9/20 Warrant Approvals 9/23/20 Warrant Approvals 10/7/20 Warrant Approvals Walsh Administrative Record 10/13/20 Email and Documents from Mr.Walsh's Legal Counsel(Handout) Fly the Whale Operating Agreement United AG&Turf Contract Grey Wall Software,LLC Contract Amendment MHQ,Inc.Contract MHQ,Inc.Contract McFarland Johnson,Inc.Task Order MJ-PN-07 McFarland Johnson,Inc.Task Order MJ-PN-06 PFAS Update 42 Okorwaw Email PFAS Update(Handout) Employment Agreement for Airport Manager Declaration of Surplus Property Bunker Road Fuel Revolver Increase Recommendation FY22 Capital Summary FY21 CIP Updated Summary August 2020 Monthly Statistical Report 10/13/20 Airport Commission Meeting Page 9 of 9