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NANTUCKET MEMORIAL AIRPOkl'
14 Airport Road
Nantucket Island, Massachusetts 02554
Thomas M. Ratter, Airport Manager A Commissioners
Phone: (508) 325 -5300 Daniel W. Drake, Chairman
Fax: (508) 325 -5306 Arthur D. Gasbarro , Vice Chair
David C. Gray, Sr.
Sonny Raichlen
Jeannette Topham
AIRPORT COMMISSION MEETING
April 23, 2013
The meeting was called to order at 5:02 PM by Chairman Daniel W. Drake with the following
Commissioners present, Vice Chair Arthur D. Gasbarro, David C. Gray, Sr., and Jeanette
Topham.
Commissioner Sonny Raichlen was absent.
The meeting took place in the 1" Floor meeting room at the Public Safety Facility, 4 Fairgrounds
Rd.
Mr. Drake announced the meeting was being recorded.
Airport employees present were Thomas M. Rafter, Airport Manager, Noah Karberg,
Environmental Coordinator, Ashley Christ, Business Manager and Janine Torres, Office
Manager.
The Commission M/S/P Unanimously approval of the Agenda.
The Commission M/S/P Unanimously approval of the 3/26/13 Minutes.
The Commission M/S/P Unanimously approval of the 4/2/13 Minutes.
The Commission M/S/P Unanimously to ratify the 4/3/13 Warrant.
The Commission M/S/P Unanimously, with Mr. Gray abstaining, to ratify the 4/17/13 Warrant.
Mr. ]hake announced the Minutes approved at the 3/26/13 Commission meeting were actually
the minutes of March 12, 2013, not the 2/26/13 minutes erroneously noted on the Agenda.
Public Comment
None.
Pending Leases and Contracts
Mr. Rafter reported:
• The Toscana Bunker Road Lease was not returned in time for the meeting.
• The URS Corp Contract to perform an Independent Fee Estimate for the Master Plan &
Sustainability, Program was not retuned in time for the meeting.
• A contract with Island Airlines LLC, to supply three charter flights to ARFF personnel
to attend required live bum training at the NH Fire Academy for $7,710.00. The
Commission M/S/P Unanimously approval of the contract.
• Two separate parties are applying for Nobadeer Beach License Agreements to operate
mobile food trucks: Hitber Creek, LLC dba Millie's Food Truck and Nantucket
Lobster Trap. Both companies are requesting operation between June and September.
Mr. Drake reminded the Commission ACK Surf School was already granted a Beach License
Agreement and plans on parking a pick -up track and trailer in the same area the food trucks
would park. Mr. Drake is concerned there may not be enough room for two food trucks.
Mr. Gasbarro asked about last summer's food truck, Blue Bellies. Ms. Torres reported she spoke
with the owner after receiving the new requests and was told Blue Bellies was unsure if they
would be operating this summer and understood if they were passed over.
Discussion pertaining to the available space as well as potential conflicts should both food trucks
be there at the same time. Lori D'Elia, an attorney representing Hither Creek, and Alex Whelden
representing the Lobster Trap, were both in the audience and addressed the Commission's
concerns. After brief discussion, both parties agreed to work out a schedule and present to Mr.
Rafter.
The Commission M/S/P Unanimously to approve a Beach License Agreement to both Millie's
Food Track and Nantucket Lobster Trap subject to the parties agreeing to and providing a non-
conflicting schedule of operation to Mr. Rafter.
Pending Matters
120412 -3 Existing Banker Lease Review — Mr. Rafter reported receiving the first 21E Report
on the lot being leased to Jesse Dutm showing no environmental issues. The remaining reports
are expected shortly. The Airport is still undergoing procurement to obtain surveys and stake the
Bunker lots.
021213 -1 Fee Structure — Mr. Rafter presented a draft of the proposed changes to the Fee
Structure correcting the effective date to June 1, 2013. If approved, the next steps would be to
notify the users and hold a Public Hearing. Mr. Rafter noted a hand out of other airport landing
fees for comparison.
Mr. Rafter reviewed the changes noting some items were added to the Fee Structure, not as a new
fee, but because they were omitted from previous versions.
Mr. Rafter explained the new aeronautical fee called Building Use Charge (FBO Facility),
addresses operators that use the FBO facility for scheduled flights. According to the current
Minimum Standards, these operators would be required to operate from the terminal. By
amending the Minimum Standards, we can establish new rates allowing for operations through
the FBO facility.
The Commission made the following changes:
• Under Section I - Aeronautical Fees, Item B. 2. — Replace "(overnight)" with "per
calendar day"
• Under Section I - Aeronautical Fees, Item B. 2. b (1) — Replace "$3.00" with "$5.00"
• Under Section II - Non - Aeronautical Fees, Item D — Add "Minimum" before $.088
• Under Section III — Ground Transportation, Item F — Add "$2,000.00 annually" under
$1,500.00 per 6 month agreement (May -Oct)
4.23.13 Airport Commission Minutes Page 2 of 7
The Commission M/S/P Unanimously to put forth the proposed 2013 Rates and Charges with the
noted amendments and hold a Public Hearing during the May 14, 2013 Commission Meeting.
021213 -2 Supplemental Agreement to the Other Transactional Agreement (OTA) - ATCT
Mr. Rafter had nothing new to report.
032613 -2 Rental of Airport Facilities for Special Events — Mr. Rafter recommended
postponement of changing the current Policy until sometime in the future. The Commission
agreed.
042313 -1 Windmill Auto Rental — Mr. Rafter reported meeting with Mr. Conlon who has
provided a letter arguing his need to supplement his expense of having a year -round rental car
facility at the Airport with parking revenue from his property. Mr. Rafter recommends allowing
no more than 20 vehicles with restrictions. Mr. Gasbarro added Mr. Conlon will be required to
apply for a new special permit enforced by the Zoning Department and the Airport can only agree
not to object to his permit.
After brief discussion, the Commission M/S/P Unanimously to not object to a zoning permit for
Nantucket Windmill Auto to park up to twenty (20) commercial vehicles on the conditions that
Windmill charge at least eighty percent (80 %) of the Airport's published rates for long tern
parking and their minimum parking agreement be for six (6) months.
042313 -2 Minimum Standards Review — Mr. Rafter presented several changes to the Airport's
Minimum Standards explaining the initial change was to properly address the operators running
scheduled service through the FBO, Section L — Aircraft Charter and Air Taxi.
Mr. Gray recused himself.
Mr. Rafter reported receiving a request from Island Airlines/Ocean Wings Air Charter to sub-
lease to Pilgrim Aviation LLC to provide flight training, aircraft rental and scenic flights. Mr.
Rafter added this is permissible under their current agreement; however, would require some
additional changes to the Minimum Standards, Section H — Aircraft and/or Ultra light Vehicle
Lease and rental, Section I — Flight Training.
Mr. Gasbarro recommends adding a new item to Section C — Minimum Standards for Specialized
Aviation Service Operations (SASO) as follows: "7. All SASO operators at the airport shall
comply with the Nantucket Memorial Airport noise abatement corridors unless otherwise
warranted for safety reasons."
The Commission M/S/P Unanimously to approve the changes to the Minimum Standards as
proposed by Mr. Rafter and Mr. Gasbarro.
Mr. Rafter confirmed to Mr. Drake the Ocean Wings Air Charter Lease already allows for the
services offered by Pilgrim Aviation LLC and that no other Commission Approval is necessary
for a sub - lease.
Mr. Joe Ricci and Mr. Joe Rosen of Pilgrim Aviation introduced themselves, thanked the
Commission for their support and gave an overview of their Plymouth -based flight training
school.
4.23.13 Airport Commission Minutes Page 3 of 7
GA/Administration Building Project Update
Mr. Rafter reported the revised construction schedule projects a late July completion date. Work
is slowly starting back up. Mr. Gasbarro stated he still does not find the schedule to be realistic.
Mr. Rafter feels once the carpenter sub- contractor is established, the schedule can be scrutinized
more closely. Mr. Rafter indicated both Nantucket Architecture and the OPM must keep
extremely accurate notes for use later in determining the final liquidated damages amount.
In organizing the paperwork it was determined many open construction issues existed and most of
the effort thus far has been in resolving those issues. Mr. Rafter noted several small Change
Orders (CO) were approved by him already and going forward, suggests adoption of a policy for
CO approval. Mr. Drake added the takeover contractor, Fasano Acchione (FA), was told at the
last construction meeting the Commission would have to approve Change Orders.
Mr. Rafter presented a review of the CO approved so far with a net increase to the project of
$11,352.00.
The Commission M/S/P Unanimously to ratify the Change Orders received to date with a net
increase to the project of $11,352.00.
A draft policy was reviewed by the Commission which would allow Mr. Rafter to approve CO
based on the following:
• A net additional cost greater than $10,000 only after approved by Commission at a
regular scheduled meeting
• A net additional cost of $10,000 or less (including net credits) immediately with review
by the Commission at the next scheduled meeting. new CO would be in force and
effect when signed by Mr. Rafter.
The Commission M/S/P Unanimously to adopt the Change Order Policy as presented.
042313 -3 FY2013 Budget Update — Mr. Rafter reviewed the Budget Update presented to the
Board of Selectmen at their May 171° meeting.
• YTD actual Revenue through March 31" is $99M with $123M budgeted for the year.
• YTD actual Expense through March 3 P' is $9M with $12.1 budgeted for the year.
• Net Surplus prior to Debt Service is $971 K and $74K after Debt Service.
• % of Actual Debt to Operating Expense is 9% with a annual goal of 12%
• Net Surplus in Fuel Revolver is $1.6M with $1.5 having been the projection
Mr. Rafter noted large 0 Quarter Capital Expenditures as well as some Bond costs projects a
year ending deficit of $300K.
022613 -2 Master Plan & Sustainability Program — The Final Draft of the Scope was reviewed.
Mr. Rafter met earlier with Mr. Gasbarm who noted several concerns:
• Jacobs did not provide their fee estimate
• Attachment 6 — Additional Noise Measurement — Scope is based on work previously
done in small area not entire Airport or surrounding community. Doesn't reference
when another Part150 study should be done.
• No mention of how, when or who would update the Contour Map. Jacobs needs to
expand their Tasks 4 & 11.
• Attachment 4 — Ground Survey Plan includes proposal from off - island firm which
includes $17K of lodging expenses. Local survey companies should be contacted to
obtain prices.
4.23.13 Airport Commission Minutes Page 4 of 7
Mr. Drake noted the schedule provided as Attachment 11 indicates the next Public Outreach
Meeting is planned for the fall.
Mr. Rafter noted Jacobs has provided suggestions on the make -up of the Advisory Committee
which he'll forward. Mr. Drake noted they have reverted to one committee as opposed to several
sub - committees.
Mr. Rafter proposed forwarding tonight's comments to Jacobs and will invite them to a future
meeting to go through their next final draft.
Mr. Rafter noted the Grant Application was expected to be submitted for the FAA's May V
deadline raising the issue of not having a final document yet and more importantly the cost
estimate.
Manager's Report
Mr. Rafter reported on:
Projects Update
• 6/24 HBdLS project is complete ahead of schedule and within and possible under budget.
• Lighting fixture replacement project is completed.
• Pre-bid conference was held for the Taxiway D Widening Project. Bids are due on April
301h. Grant Application submission is planned for May 0. The Engineers estimate is
$195K above what was authorized at Town Meeting and is working with the Finance
Director on how to resolve.
• Carbon Neutral kickoff meeting is scheduled for April 241h from 11:00 to 4:00.
• Held a PFC kickoff meeting with McFarland Johnson (MJ) and have provided
information they need to produce a recommendation for projects to include on the PFC
Application with what the reimbursement costs would be. MJ was informed the Airport
would like a percentage applied to future projects to cover the Airport's share.
RFP/Bid Status
• Still waiting to hear back from UPS regarding their new Lease.
• Working through issues between the restaurant and gift shop. Mr. Rafter responded to
Mr. Gasbaro that this is not affecting the opening of the gift shop expected to be
Daffodil Weekend.
• HVAC work in the restaurant was scheduled to start today.
Operations Update
• Spoke today with the Inquirer and Minor with regard to the start of FAA furloughs due to
the Government's Sequestration. Reports of delays at some major airports already
happening and might eventually affect Nantucket.
• Several ARFF personnel are attending Live Fire Training this week
• Met with FBO and Operations Staff to review suggestions on improving procedures.
Several changes will be tested over Daffodil Weekend.
• Received and e-mail from B &K indicating they are still negotiating for a direct access to
the required FAA feed for the Noise Desk software and wished to know if the Airport
wanted to move forward. Mr. Rafter explained until we know the final additional costs
cannot make that decision. When asked by Mr. Gray, Mr. Rafter will ask Legal
Counsel's advice on negating the Contract signed with B &K due to the significant term
changes.
4.23.13 Airport Commission Minutes Page 5 of 7
• Reviewed the FAA Lease which states the Airport shall provide 12 parking spaces
adjacent to the Control Tower. Moved to inside parking lot after terminal project to
accommodate NRTA Shuttle and passenger pick up / drop off outside of Summer
Arrivals wing.
• Partnering with Town's Energy Office with the possibility of having an Energy Fair on
May I e in Summer Arrivals area.
• Provided an Airport Tour to the newly elected Selectman, Tobias Glidden. Also extended
an invitation to Matt Fee, the other newly elected Selectman.
• Environmental Technical Advisory Committee met on April lop. Discussed improved
communications as well as the status of our permit requirements. Mr. Gasbarro added
Mr. Rafter and Mr. Karberg were well prepared noting improvements made. The Airport
is not currently in compliance; but feels the plan going forward can rectify that.
Statistics Report
Mr. Rafter noted Operations are up but Enplanements are down. Mr. Drake commented he hopes
the airlines are accurately reporting.
Mr. Rafter reported four Noise Complaints were made last month, two from the same individual.
Mr. Rafter is working with Mr. Karberg on improving the noise monitoring process.
Mr. Drake asked that the close out report with the FAA Part 139 Inspector, scheduled for June 7th
is posted as an Open Meeting so that multiple Commissioners can attend.
Mr. Gray asked about the parking lot. Mr. Rafter reported Mr. Wilson has been working closely
with Scheidt and Bachmann (S &B) who has been on -site removing and replacing servers with
some continued problems. Mr. Rafter asked the Commission to seek Legal Counsel's advice on
the parking lot credit card issues believing S &B to he the initial cause of the problems exposing
the Airport to potential liability. The Commission agreed.
Sub- Committee Reports
None.
Commissioner's Comments
Ms. Topham asked if Dave Fronmto was contacted regarding Emergency Management during
Airport closure. Mr. Rafter indicated not in significant detail.
Mr. Gray asked if any more land claims have been made. Mr. Rafter replied there have been no
others and Legal Counsel is still waiting for information from the title company on Mr. Gatto's
claim.
Mr. Gasbarm plans on attending the Carbon Neutral kickoff meeting and questioned other
Commissioner's attendance. Mr. Drake will attend as well and will leave when Mr. Gray joins
the meeting for the geothermal tour.
Public Comment
None.
The Commission M/S/P by the following Roll Call Vote, to enter into Executive Session, not to
reconvene in Open Session, to 1). Review ES minutes of 3/1/12, 3/13/12, 3/27/12, 4/3/12,
4/19/12, 4/16/12, 5/8/12, 5/22/12, 6/12/12, 6/26/12, 7/10/12, 7/24/12, 8/28/12, 9/18/12, 925/12,
10/30/12, 11/6/12, 1714/12, 12/11/12 and 12/18/12 for possible release; and 2126/13 and 3/26/13
for review and possible release, and 2). To discuss strategy with respect to collective bargaining
which if held in open session:
4.23.13 Airport Commission Minutes Page 6 of 7
Mr. Drake — Aye
Mr. Gasbarro — Aye
Mr. Gray —Aye
Ms. Topham — Aye
Meeting adjourned at 6:50 PM
es lly Submitted,
Janine M. o s, Recorder
Master List of Documents
4/23/13 Agenda including Exhibit 1
3/26/13 Draft Minutes
412/13 Draft Minutes
Toscana Corp. Lease
Island Airlines LLC Contract
Vaughan, Dale, Hunter & Beaudette 4/17/13 letter re Hither Creek LLC Food Truck
Hither Creek LLC Beach License Agreement
4/18/13 — 4/19/13 E -mail string between Nantucket Lobster Trap and Janine Torres
Nantucket Lobster Trap Beach License Agreement
Proposed 2013 Rates/Fees including Summary of Changes
Landing Fee Comparison (Handout)
Nantucket Windmill Auto Letter dated 4/15/13
Island Airlines LLC letter dated 4/23/13
Draft Revised Minimum Standards including 4/19/13 email from T. Rafter to J. Ricci/C McLaughlin
Fasano Acchione Construction Schedule dated 3115/13
Draft GA Construction Change Order Policy
GA /Admin Change Order Summary
FY2013 Airport Enterprise Update Period Ending 3/31/13
Jacobs Master Plan & Sustainability Program Scope Final Draft dated 4/3113
March 2013 Statistics Report
March 2013 Noise Complaints
4.23.13 Airport Commission Minutes Page 7 of 7