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HomeMy WebLinkAbout1990-01-23 Town of Nantucket 1fth'I ,tf-rff" IN.: NANTUCKET MEMORIAL AIRPORT Macy Lane Nantucket Island, Mass'achusetts 02554 Office of Airport Manager Phone: (508) mt-%J58 325 - 5 3 0 1 AIRPORT COMMISSION MEETING FAX: ( 50 8) 32 5 - 5 3 0 6 JANUARY 23, 1990 The Regular Meeting of January 23, 1990, was called to order at 5:05 pm by Chairman Charles ,Mayhew. Commission members in attendance were E. Foley Vaughan, Ronald Santos, Ronald Russell and Alexander Craig. Also in attendance were Manager Jo-ann M. Norris, Airport Counsel Paul DeRensis and Secretary Myrtle Eldridge. The Minutes of January 9th Meeting were approved as amended. The Liaison Meeting of December 20th, 1989, with the Board of Selectmen, was approved as presented. The Warrant was approved as presented. The Chairman asked Mr. Bill Welch whether he wished his termination hearing to be held in public session or pri va te; he replied, public. Chairman Mayhew requested that Manager Norris indicate her reasons for asking for the termination of Mr. Welch as Airport Airfield Supervisor. Her response was as follows, with additional questions from Attorney DeRensis. NORRIS: Mr. Welch, as Airfield Supervisor, was responsible for completing the AIRPORT DAILY INSPECTION REPORT, as required by the FAA. She noted that when Mr. Welch was off-island for a week, the inspections had not been done during his absence, nor, for a period of 6-weeks prior. She spoke to Mr. Welch about the importance of the completion of this report and told him to instruct linecrew personnel in the completion of this form. It was discovered a total of 7-weeks forms were not completed. DeRENSIS: Attorney DeRensis asked Mrs. Norris to verify the daily slips were to be completed twice daily (a.m. and p.m. checks) and initialed by the Airfield Supervisor. Mrs. Norris did so verify. Attorney DeRensis then requested a copy of this form be entered into the Minutes as EXHIBIT A. 1 MEETING JANUARY 23, 1990 continued NORRIS: Stated Mr. Welch had purchased aircraft fuel at a discounted rate of $1.50 per gallon, for personal use. She explained to Mr. Welch that he had been granted permission to obtain fuel only when his aircraft was used for Airport business and instructed him to follow the set procedure for reimbursement. In her discussion, she recommended Mr. Welch poll the Commission for their consensus in this matter. The normal Airport procedure is for the pilot to "top off" (fill) his aircraft prior to leaving the Airport. Upon return, it is again topped off, which indicates the amount of fuel used for Airport related trips. If the fuel was charged to the pilot's account, a reimbursement form is completed for the cost of the fuel. Mr. Welch stated he had polled the Commissioners (Santos, Russell and Mayhew) and had their permission to purchase his all his aircraft fuel at $1.50 per gallon. DeRENSIS: Recommended that Mr. Welch's record of fuel purchases be accepted as part of the records as they indicate underpayment for fuel for approximately $2500.00 (EXHIBIT B). NORRIS: The men complained of machine abuse on the mower that is used for brush cutting. Upon checking the 'mower, Norris was shown where it had been abused by cutting the heavier brush. She then made arrangements with Ted Strojny, a private contractor, to complete the brush cutting project. When Mr. Welch returned from a training school, Mr. Welch told Mr. Strojny not to get in the middle of this, that Mr. Welch would finish the job himself. He continued to use this piece of machinery for cutting the heavier brush. DeRENSIS: Attorney DeRensis asked Mrs. Norris to clarify that the point was that Mr. Welch did not comply with the Manager's wishes, but continued to do as he wished. Mrs. Norris so clarified the record. NORRIS: The Manager was not kept informed of Airport projects that Mr. Welch was involved in, citing a recent FAA ASR-9 installation as an example. Mr. Welch had volunteered, to the FAA, Airport equipment and manpower to clear the site of heavy brush, and to create an access road to the radar site. This was a conflict with private enterprise usually engaged by the FAA for such projects. Manager Norris informed the FAA that we could no longer assist in this clearing project and to continue their bidding process. DeRENSIS: .Asked Mrs. Norris to sum up this complaint by stating a commitment was being made by Mr. Welch without approval of the Airport Commission or Management. Mrs. Norris did so. 2 MEETING JANUARY 23, 1990 continued He then inquired if Manager Norris had any other complaints to present at this time. Manager Norris stated that she could go "on and on" to which Mr. Welch's attorney, Richard F. Schiffmann strongly objected to the phrase "on and on" and once the objection was recorded, Manager Norris continued. NORRIS: Manager Norris stated the sander was disassembled at a point when it was needed, due to an early snow. When questioned by Manager Norris, Mr. Welch said that he had been working on the sander for 6-weeks prior to the time it was needed. Manager Norris, in trying to verify this statement, was told by the mechanic that they had only been working on it 3-weeks. Mr. Welch lied to Manager Norris, who has to base her decisions on Mr. Welch's input on important matters. Mr. Welch called Manager Norris between 5:30-6:00 AM Thanksgiving day, due to a surprise snow storm. Manager Norris requested Mr. Welch wait at least another hour prior to calling in the snow plowing crew. Mr. Welch disregarded the Manager's instructions and immediately called in the full crew and then had them sitting in operations for 2-hours before putting them to work plowing snow. Because of the holiday, these men were paid double-time-and-one- half. DeRENSIS: Asked Mrs. Norris to clarify that Mr. Welch could not follow instructions. Mrs. Norris did so clarify. NORRIS: On the fuel transfer of August 30, 1989, signs (WARNING- NO SMOKING-NO VISITORS) were to be placed in strategic areas, as indicated in the Fuel Transfer Guidelines and as practiced in a dry run the week before. Manager Norris received a phone call that Mr. Charlie Sayle was on his way to the Selectmen's Office to register a complaint because a sign was placed on the steps of his business establishment. Upon questioning Mr. Welch regarding the sign placement, he told her that the Fire Department had placed the signs in their locations. She checked with the Fire Department's third party detail covering the transfer, to request that they use caution in the future on sign placement. Manager Norris was told that Mr. Welch had put the signs in place. On the same subj ect, fuel transfer, Mr. Welch's responsibility covers the landward portion of the operation only. However, he spoke wi th Manager Norris about constructing a cat walk at the pipeline for easier unloading from the seaward end of the pipeline. She instructed him to contact Ralph Packer (fuel supplier) and Joe Forns (Consultant from Applied Marine Ecology Labs), before continuing with this idea. She reminded Mr. Welch that this was a temporary facility, but to get all the input before he proceeded wi th his proposal. Mr. Welch had not contacted ei ther man. Supplies arrived for the construction of this cat walk and Manager 3 MEETING JANUARY 23, 1990 continued Norris had them returned for credit. DeRENSIS: Attorney DeRensis questioned Mrs. Norris whether this proposal had the vote of the Commission or was ever presented to the Commission for their consideration. The response was "no". NORRIS: Mr. Welch was responsible for measuring and ordering fuel for the Airport. His instructions, that morning, were to utilize the fuel pipeline for deliveries. Manager Norris was on the phone to Commissioner Russell when Mr. Welch entered her office and started talking to her at the same time, stating he had ordered the fuel. After repeated inquiries as to the quantity ordered, Mr. Welch finally stated he had ordered 40,000 gallons for the steamship site delivery. Manager Norris re-stated that the fuel was to be off-loaded at the pipeline facility. Mr. Welch got mad and told the Manager to schedule it herself. Attorney DeRensis then suggested that Mr. Welch's attorney, Richard F. Schiffmann ask any questions, of Mrs. Norris, that he may have. Attorney Schiffmann had no questions, but did state for the record, that Mr. Welch was hearing the charges for the first time, which allowed no time for preparation. He also stated that the information given by Manager Norris was purely hearsay and not first person. Mr. Welch then made the following presentation: AIRFIELD INSPECTIONS-Inspections were always done by Operations. He volunteered to perform this duty to save the Airport from having to hire another employee. DeRENSIS: Attorney DeRensis indicated that the performance of airfield inspections was part of Mr. Welch's job description and requested the job description be accepted as part of these records. He also requested clarification of the length of time records were not kept (7-weeks). Job description is EXHIBIT C, attached. Upon clarification of the lack of records, it was noted that ALL 7-weeks were in the file and accounted for. Upon questioning David Sylvia, Operations Supervisor, the Commission was informed that Mr. Welch had instructed him to falsify the missing forms to "cover our butts" and Mr. Sylvia did so, under Mr. Welch's directive. Mr. Welch stated that he had done these checks, from his aircraft, every morning but had not completed the forms. DeRENSIS: ,Attorney DeRensis questioned David Sylvia if a real inspection had actually been made. David's response was no, that he had.filled out the reports as instructed by Mr. Welch. Attorney DeRensis then asked Mr. Welch to verify that this is a required form for the FAA and Mr. Welch did so verify. 4 MEETING JANUARY 23, 1990 continued FUEL FOR AIRCRAFT:-Mr. Welch stated that he had bought fuel at $1.50 for personal business. Commissioner's Santos and Mayhew indicated that Mr. Welch had inquired of the possibility of purchasing fuel at $1.50 and they both stated approval for Airport- related business only. LAWN MOWER ISSUE-In keeping with the regulations of the FAA and clearing the 6/24 Clear Zone, the mower was not misused. There was a defect in the design of the mower and that is why it bent and broke. DeRENSIS: Attorney DeRensis asked whether Mr. Welch understood that he was to do what the Manager said to do, or whether Mr. Welch was to do what Mr. Welch felt was in the best interest of the Airport, irrespective of what the Manager said. Mr. Welch said the latter was true. SANDER-The delay on repairing the sander was due to the part being shipped to the DPW in error. The part was returned to the supplier and then we had to establish a charge account before they would re- ship it to the Airport. The explanation for not having worked on it last spring or summer was that they were too busy. FUELING SIGNS-These signs are to be 50 feet from the truck being loaded with fuel. He does not recall putting the sign on Sayle's steps. CATWALK-He felt this would be a safer means of operation. DeRENSIS: Attorney DeRensis questioned Mr. Welch if he had checked with Joe Forns and if Mr. Welch had obtained permission from the Commission. Mr. Welch stated he had presented his proposal to the Commission, and he had called Packer and Forns. Under questioning, Mr. Welch admitted that Packer did not want a catwalk and Joe Forns stated such a construction would require all new permits. FUEL ORDERING-Mr. Welch said that he felt by getting a larger supply of fuel from the Steamship, he would save money. DeRENSIS questioned if Mr. Welch was instructed not to order a fuel delivery through the Steamship. Mr. Welch responded yes. Commissioner Vaughan questioned the runway inspections. He inquired if the Manager had been told that Mr. Welch instructed Mr. Sylvia to fudge the reports. The response was negative from both Mr. Welch and Mrs. Norris. Attorney DeRensis then questioned Mr. Welch's response to calling 5 MEETING JANUARY 23, 1990 continued the men in early to plow. Mr. Welch denied that Manager Norris said to wait another hour prior to calling anyone in. Attorney Schiffmann gave his summary, stating there was no indication of insubordination in Mr. Welch's actions. This is clearly the inability to communicate with the Manager. Ben McElway, from the Conservation Commission, spoke highly of Mr. Welch in a personal capacity. He also indicated that he hoped that Mr. Welch's hearing would be judged only on the information presented at the hearing and not be connected in any way with the Fuel Pipeline. John McLaughlin, a member of the Board of Selectmen, restated that he did not approve of the manner in which Mr. Welch was dismissed and that the termination procedure must be changed so that letters of reprimand, placed in employee's file, will be the guideline for future employee terminations. Attorney DeRensis' summary was as follows: 1. According to Mass Commission is responsible to people of Nantucket. General Laws 90 Section the travelling public and 51E-The to the 2. The Commission makes appointments to positions and as a matter of law, the Commission has the authority to discharge any employee. 3. Mr. Welch has had a hearing. The Commission's decision must be based on what was presented and heard at this hearing. 4. There is no contract with this employee and therefore Mr. Welch is an "employee at will". 5. The decision must be made with a view of the broader issue of how the Commission is going to manage the Airport to serve the public. Attorney Schiffmann acknowledged that Mr. Welch was an employee at will, without protection. At this point, John McLaughlin requested the Commission check the credentials of Joe Forns and provide him a copy. Commissioner Santos inquired if the Commission could deliberate in Execut~ve Session. Attorney DeRensis stated this was not advisable as Mr. Welch requested a public hearing and therefore, all discussions should be made in public. 6 MEETING JANUARY 23, 1990 continued Commissioner Russell indicated that on the runway inspection report problem, blame should be shared with the Manager, to which Commissioner Vaughan responded that the responsibility for completion of the inspection and report is the responsibility of the Airfield Supervisor. Chairman Mayhew stated that Mr. Welch admitted being warned several times but continued to do exactly what he wanted to. Commissioner Craig moved to support the recommendation of Manager Norris, being "Termination of Mr. Welch for reasons previously outlined", effective immediately. The motion was seconded by Commissioner Santos and the vote was as follows: Charles S. Mayhew, Chairman Alexander M. Craig Ronald Santos For record falsification and E. Foley Vaughan For record falsification Ronald E. Russell Aye Aye Aye fuel purchases Aye Nay At 7:55 pm a short 5-minute recess was called. The Regular Meeting resumed at 8:00 pm and the FBO/AERO MANAGEMENT proposal was presented for approval. Mr. Jack Morgan attended, representing AMA. The Sub-committee (Mayhew and Santos) gave their recommendations. Chairman Mayhew indicated that he is still concerned about this proposal not being in the best interest of the Airport/Town. He felt that the Airport would lose money on the transient parking fees. Commissioner Santos stated that we are not doing the job that could be done by a private sector. Commissioner Santos made the motion to accept AMA's revised proposal as amended with the word "increase" to replace the word "change". Commissioner Craig seconded the motion and the motion was opened for discussion. The proposal is for a 10-year lease with two 10-year renewal options at 13 1/2 cents per square foot, adjusted every 5-years for the CPI-W. Commissioner Vaughan requested another 5-minute recess at 8:40 pm and the meeting resumed at 8:35 pm. The discussion continued on the proposed agreement with Commissioner Russell questioning the possible loss of exclusive fuel sales ,.if this proposal was approved. He then cited various figures to substantiate his claim that the Airport could effici~ntlY continue with fuel sale. The AMA proposal was accepted by the following vote: 7 MEETING JANUARY 23, 1990 continued AYE AYE AYE NAY NAY Ronald J. Santos E. Foley Vaughan Alexander M. Craig Charles S. Mayhew, Chairman Ronald E. Russell Attorney David Moretti, representing TOSCANA, and Carl Jelleme, owner, approached the Commission concerning the possibility of taking over the Jamie Marks current lease for 1-acre of land in exchange for all the expenses incurred thus far for the BUNKER proposal previously submitted by TOSCANA. Mr. Jelleme stated that without a water source to the site and other additional expenses, he is unable to proceed with the original proposal as finances do not permit this undertaking. Land usage would be the same as when Mr. Marks was utilizing the area. Chairman Mayhew recommended a written proposal be submitted indicating the years rental required to "buy off" the expenses incurred on the BUNKER proposal. It is duly recorded that Commissioner Vaughan removed himself from the Commissioner's table and did not participate in this discussion. It was voted, and approved, to renew the McGRATH AIRCRAFT MAINTENANCE HANGAR lease for another 5-years, at the same terms. Commissioner Vaughan instructed Manager Norris to contact Town Counsel regarding possible grounds for a breach of lease on the THOMPSON's transferral to another family member. Due to the large lapse in time, the Commission recommended Manager Norris contact the Thompson's directly about the breach of this lease and indicate we would welcome the opportunity to review this lease with them. Town Counsel may be contacted should any problems arise from the Thompson discussion. After a lengthy delay, PBA/BAR HARBOR responded to our lease proposal. The Commission voted and approved the proposal, utilizing the original beginning date of June 1, 1989, along with the conditions that PBA/BAR HARBOR maintain and make repairs to the structure. A motion was M/S/P to allow GO-days for finalizing all proposals. It is duly recorded that Commissioners Vaughan and Santos were opposed. A motion was made by Commissioner Vaughan and seconded by Commissioner Santos to eliminate parallel 6/24 runway from ALP. The Commission unanimously voted in favor of this motion. Commissioner Santos requested that the JOHNSEN lease review, regardjng liability insurance, be postponed until the next meeting so he could verify that the land is not in use. Manager Norris reminded the Commission of the February 8, 1990 8 MEETING JANUARY 23, 1990 continued meeting with the Board of Selectmen, regarding the TEMPORARY FUEL PIPELINE. The Civic League has requested Manager Norris speak to their group regarding the Airport's long range plans. Chairman Mayhew will also try to attend for additional input. Gary Saunders requested to lease only the footprint of land his recently acquired hangar occupies (formerly Jones Hangar), until legal Ii tiga tion is complete. Due to the short amount of time involved, Commissioner Craig made the motion to cut the rental fee in half, until June 30, 1990. The motion was M/S/P with Commissioner Vaughan voting against the proposal. Manager Norris informed the Commission that the new OSHKOSH (ARFF) vehicle was out of service and that a NOTAM was issued. The motion was M/S/P to adjourn this meeting at 10:20 pm and to postpone the remainder of the scheduled agenda until the next meeting. ~:::~UllY submitted, 'S~#e";;;Y~ 9 18-3 E:x:HIBIT A AIRl'ORT DAILY INSPECTION REPORT DAY: RE\'lHJED BY: DATE: TIME: INSPECTOR: WEATHER: (DRY, RAIN, SNOW, SLEET, ETC.) - ..--.-" ~ FACILITIES CONDITIONS REHARKS PAVEHENT Pavement Lips Over 3 " AREAS Hole 5' , Diam.3' 'Deen FOD: Gravel/Debris/Etc. I Rubber Deposits I Pondina/Edae Dams I Safety Ruts/Humns/Erosion Areas Drainaae/Construction I Obiects/Franqible I Markings Visible I and Signs Hold Lines/Siqns I TiY'\' Siqns I Sian Foundations Flush I Obscured//Dirtv/Faded ! . Damaaed/Hissina Lights I Inonerative I Imnronerlv Aimed I Rotatina Beacon I Obstruction Liahts I Hind Indicators I Naviga- REILs/VASIs tional Wind Indicator Aids Sock/Movement Approaches Construction Trees Brush Airport Barricades Construc- Liahts/Flaqs tion Materials Trenches Eauipment Parkina Snow & Surface Conditions Ice Snowbanks Lights/Signs Obscured ARFF Routes Birds Wildlife ~ ARFF Equipment/Crew Available .\.f'- , Communications Alarm Each Re~rk shall be numbered and the number will be used to mark the location of the discrepancy on the Airport Diagram, page 18-4. Legend: 1. V = O.K. 2.)( = Unsatisfactory. Explain in Remarks. FAA APPR 1-./. "'h.. DATE: rrr JAN 19ev I BILL WELCH ACCT. # 1020 DATE - 19 -~9 ~S.cJD .; ~..'~ ~~(j .11 BALANCE EXHIBIT B ;r THIS IS NOT THE ENTIRE FUEL RECORD, BUT, WAS THE ONLY PORI'ION PRESENTED AT THE HEARING. EXHIBIT C Town of Nantucket NANTUCKET MEMORIAL AIRPORT Macy Lane I Nantucket Island, Massachusetts 02554 Office of Airport Manager Phone: (508) 228-1255 AIRFIELD SUPERVISOR Under the general supervision of the Airport Manager, has a working knowledge of all administrative duties in order to make recommendations and/or exercise control over assigned areas of responsibility for entire Airport during the Manager's absence. In Manager's absence, responsible for coordinating all functions of Airport operation within the federal, state and local guidelines. This includes maintaining coordination among the maintenance and operation personnel, and assuming other management responsibilities when required or requested by the Commission. Coordinates departmental activities with other Town Departments and regulatory agencies as required. Assists the Manager in preparing yearly budget. ~Makes inspections of Airport facilities to determine operating ~ conditions and to advise and oversee the general maintenance of property and vehicles, including but not limited to, runways and taxiways, lighting systems, fuel farm, snow removal. Coordinates and oversees large Airport improvement projects and reports progress to the Manager. Checks on Airport fueling procedures, ensuring that subordinates properly carry out this activity and that aircraft are properly serviced. Coordinates maintenance and administrative tasks to ensure compatibility of operations with record-keeping. AIRFIELD SUPERVISOR continued Oversees and makes recommendations to the Manager on all Airport insurance. Oversees work on runway lighting systems, including Airport lights, switches and regulators. Oversees maintainance on facility heating and air conditioning systems. During emergencies, performs crash, fire and rescue procedures. Performs welding tasks as necessary. Represents Airport at meetings and conferences and attends Commission Meetings. Performs related supervisory duties, as may be required. REVISED July 10, 1989