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
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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