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