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NANTUCKET MEMORIAL AIRPORT
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14 Airport Road :E
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Nantucket Island, Massachusetts 02554
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Thomas M. Rafter, A.A.E., Airport Manager A Commission
Phone: (508) 325 -5300 Daniel W. Drake, Chairman
Fax: (508) 325 -5306 Arthur D. Gasbarro, Vice Chair
Andrea N. Planter
Jeannette D. Topham
AIRPORT COMMISSION MEETING
March 25, 2014
The meeting was called no order 5:00 PM by Chairman Daniel W. Drake with the following
Commissioners present, Andrea N. Planter and Jeanette D. Topham.
Commissioner Arthur D. Gasbarro was absent.
The meeting took place in the 1" Floor meeting room at the Public Safety Facility, 4 Fairgrounds
Rd.
Airport employees present were Thomas M. Rafter, Airport Manager, David Sylvia, Training &
Compliance Officer, Ashley Christ, Business Manager, Noah Karberg, Environmental
Coordinator, Zara Hanson, Operations Superintendent — FBO, and Janine Torres, Office
Manager.
Mr. Drake announced the meeting was being recorded.
Mr. Drake asked for any comments on the Agenda. Hearing none the Agenda was approved.
Mr. Drake noted a Commission meeting had been posted concurrently with the 2/25/14 Master
Plan Advisory Group meeting to allow attendance by the Commission. Mr. Drake noted,
however, that Mr. Gasbarre, who is a member of the Advisory Group, and Mr. Drake were the
only two Commissioner's present. Without a quorum, a formal meeting was not called to order.
Mr. Drake presented minutes as such for the record. Mr. Drake noted no formal vote was
necessary.
Ms. Topham made a Motion to approve the 3/11/14 Minutes. Second by Ms. Planter and
Passed unanimously.
Ms. Topham made a Motion to ratify the 3/19/14 Warrant. Second by Ms. Planer and Passed
unanimously.
Public Comment
None.
032514 -1 Nantucket Music Festival Parking Request
Mr. Rafter presented a request from the Music Festival (Festival) organizers to rent vacant land in
the Bunker area for additional parking during the two -day event, adding the VFW parking lot will
also be rented and will provide the bulk of the parking. The Festival will be running buses
to /from the Tom Nevers event, but Mr. Rafter was unsure what type of bus would be used and
where it would turn around. Cheryl Emery, one of the event organizers, was in the audience and
noted the company, Locomotion was providing 40' buses and thought they would enter the lot
and loop around to exit. Ms. Emery added the Airport would be named an additional insured on
the Music Festival's and Locomotion's insurance policies.
Brief discussion took place regarding the preparation of the lot and the requirement to charge Fair
Market Value, approximately $600, and the possibility of having to charge the Annual Business
Fee. Mr. Rafter noted it's similar to renting a hangar for an event when only a rental fee would
apply, but he would double check.
Ms. Topham made a Motion to approve the rental of the vacant Bunker land as depicted for two-
day Festival parking with the total fee to be verified by Mr. Rafter. Second by Ms. Planzer and
Passed unanimously.
Pending Leases & Contracts
Mr. Rafter noted G.L Smith requested being heard in the context of G.J.Smith's pending Bunker
Road lease which is being held up pending resolution of the FUDS (Formerly Used Defense Site)
situation. Mr. Drake recognized Mr. Rod Allred, representing G.J. Smith, hie., who addressed
the Commission and presented a document reviewing the timeline prepared since awarded a
parcel to lease in March 2013, Mr. Drake noted that the document would be in the record and
there was no point in re- hashing what had happened in the past; further stating that the time
could be most productively used looking at the future. Mr. Allred agreed but asked how to move
forward.
Mr. Rafter updated the status of the FURS remediation process noting the Airport has hived
Weston Solutions, Inc. as a Licensed Site Professional, to perform testing on the soil removed
from the area where the unexploded ordnance was found. The Amy Corp of Engineers (Corp)
does not have this site scheduled for remediation until the year 2035. Should Weston find
contaminants, the Corp may be able accelerate their timetable, if their funding allows. Weston
was on site last week for samples. The results aren't expected for 7 to 10 days.
In responding to Mr. Allred's question, Mr. Rafter indicated having asked the DEP and the Corp
to identify the boundaries of the FURS site, but they are hesitant to do so.
When asked, Mr. Allred noted he was not an attorney but was interested in helping expedite the
process, noting all permits have been approved for the planned storage facility. Mr. Rafter
indicated the Airport cannot take on more responsibility in the process.
Mr. Drake added the Airport is also hoping for a speedy end to this unfortunate development.
Mr. Rafter presented an amendment to the ACK Surf School, LLC Beach License Agreement,
originally approved at the 2/25/14 Commission meeting, to allow the sale of ACK Surf clothing
and beach sundries, originally planned for the second vehicle operating as ACK Surf. Mr. Rafter
indicated the ownership has restructured and the second parking space at Nobadeer Beach is no
longer necessary. .
3.25.14 Airport Commission Minutes Page 2 of 6
Ms. Planzer made a Motion to rescind the Beach License Agreement with ACK Surf which
allowed a second vehicle for the sale of apparel and sundries and amend the ACK Surf School
LLC Beach License Agreement to allow the sale of ACK Surf clothing and beach sundries, but
not any food or beverage items from the vehicle which is also the base for the surf school.
Second by Ms. Topham and Passed unanimously.
Mr. Rafter presented the final draft of the Emily Air LLC Lease indicating substantial changes
had been made to the draft approved previously on February 11, 2014. He said Town Counsel
had completed working with the lender's attorney on the Lease language and he noted there are
three additional documents being presented to complete the transaction: the Termination of Lease
between the Commission and Ocean Wings, the Notice of Termination of same for recording
purposes, and the Assent for Emily Air LLC to sub -lease to Island Airlines LLC noted on the
Agenda as a separate item. Additionally, Mr. Rafter reported, a Mortgage exists between the
Airport and MassDOT- Aeronautics as part of the State Grant Assurances for the funding of the
Terminal Project. The mortgage document encompasses all parcels that make up the Airport, also
known as Exhibit A to the Airport's Layout Plan. The mortgage document requires the Airport to
seek approval on any Lease transactions that affect revenue. Legal Counsel is assisting in this
process. Mr. Rafter recommends the Commission approve and sign the documents presented
tonight noting they will be held until approval is obtained from MassDOT.
After brief discussion, Ms. Planter made a Motion to approve the Termination of Lease between
Nantucket Memorial Airport Commission and Coastal Wings Inc. dba with Ocean Wings Air
Charter dated May 1, 1995. Second by Ms. Topham and Passed unanimously.
Ms. Planzer made a Motion to execute the Notice of Termination of Lease between Nantucket
Memorial Airport Commission and Coastal Wings Inc. dba with Ocean Wings Air Charter.
Second by Ms. Topha n and Passed unanimously.
032514 -2 Emily Air LLC Sub -Lease to Island Air LLC
Discussion on this matter was included under Pending Leases and Contracts. Motion by Ms.
Planer to approve the Assent to Sublease. Second by Ms. Topham and Passed unanimously.
A $1,000 Contract with Team Eagle was presented for the purchase of parts for the Oshkosh
sweeper /snow blower. Mr. Rafter indicated the contract was necessary due to reaching the
$10,000 spending limit with the vendor. Ms. Topham made a Motion to approve the contract
with Team Eagle for $1,000. Second by Ms. Planzer and Passed unanimously.
Mr. Rafter requested another month extension to the Ascent Aviation/World Fuel Services
contract for aviation fuel supply noting the new contract involves several different documents and
will take additional time to incorporate each and have reviewed by all patties. Ms. Topha a made
a Motion to extend the contract with Ascent Aviation/World Fuel Services to April 30, 2014.
Second by Ms. Planzer and Passed unanimously.
Pending Matters
070913 -1 TON Memorandum of Understanding (MOU) — Mr. Rafter reported Heidi Bauer,
TON Chief Procurement Officer (CPO) and Silvio Genao, TON Engineer, who also holds CPO
designation, have drafted new procurement procedures for all Town Departments to follow which
incorporates the contract review and approval process. The draft procedure will be reviewed by
the Department Heads at the Town Manger's Cabinet Meeting next Monday. It is Mr. Rafter
intent to incorporate this procedure, once finalized, into a new MOU between the Airport and the
Town but include language regarding communications between the Finance Department and the
Airport.
3.25.14 Airport Commission Minutes Page 3 of 6
Brief discussion took place on the need for replacing the original MOU. Mr. Drake noted that the
original MOD, signed in September 2012 is outdated and that, certain provisions which involved
commitments by the Town which have not been fulfilled should be eliminated.
032514 -3 Proposed Grant to Chamber of Commerce for Daffodil Weekend
Mr. Drake shared the opinion from Legal Counsel that the Airport could, without violating the
Massachusetts Constitution, grant monies to anon -profit, such as the Chamber of Commerce, for
activities related to carrying out a specific public purpose of support or stimulation for the benefit
of the airport.
Mr. Rafter and Ms. Planer, however, noted the FAA's policy, as found in the Federal Register,
indicates the contribution must be directly related to operations of the airport. Mr. Rafter added
speaking with Tom Vick, Compliance Officer with the FAA, who noted it would be acceptable
only if the airport is buying an advertising space. Mr. Drake noted the $1,000 contribution would
include an ad in the event brochure.
After brief discussion, the consensus of the Commission was to not contribute to the Chamber of
Commerce at this time but agreed a defined program for future consideration should be
developed.
022613 -2 Master Plan & Sustainabdity Program Update
Mr. Rafter reported that the IT consultant was on site last week to begin inventory of the
Airport's hardware and software systems. Mr. Rafter also reported items continue to be populate
the Master Plan website.
Mr. Rafter reported a senior from Jacobs Engineering will be visiting this Friday to conduct a
client satisfaction survey related to the Master Plan process. Mr. Rafter intends to be candid and
frank on how he feels Jacobs and their sub-consultants have performed so far, adding on more
than one occasion, the documents submitted mirrors the past Master Plan Update instead of
creating a fresh document.
Manager's Report
Project Updates
Mr. Rafter reported:
• The new FBO is open as of March 14ih. A Grand Opening is being planned for April 18a
with several soft openings to be held prior. The Department Head meeting next week
will be held in the building's conference room and will include a tour of the building.
• The FAA announced Kobo Utilities were the low bidder for the Runway 15/33
REIL's/PAPI's. A pre - construction meeting is scheduled for later this week.
• R/W 6 PAPI flight check is scheduled for Thursday, 3/27/14.
• Regarding the Carbon Neutral Program, the two ESCO proposals continue to be
reviewed. A determination on the Investment Grade Audit, estimated to cost $15K
should be made by mid -April.
• Clean up of the ARFF Building continues after a broken pipe caused extensive internal
damage.
• A final PFC Application has been completed addressing the comments made by the FAA
on the draft application. Mr. Rafter indicated one item that could not be located was a
TSA letter approving the terminal design. It is unsure if this was necessary when the
terminal project was designed. The application will be submitted to the FAA as soon as
possible, but due to the lateness of the submission, will most likely not have an answer
from the FAA by Town Meeting.
3.25.14 Airport Commission Minutes Page 4 of 6
• Grant applications are being drafted for the two AIP projects: Security Upgrades and a
new ARFF track.
RFPBid Status
• No proposals were received for the design of the Air Traffic Control Tower RFQ. A
conference call was held with the FAA to discuss next steps. The FAA ruled out a
design/build process and has opted to revise the schedule to allow 5 months for design.
The RFQ is being re- issued this week. The FAA was on site today to review the three
sites for the mobile tower. Mr. Rafter added the new schedule will bring construction
into June which will require the Airport to stress site #1 to be the most advantageous for
airport operations. Another conference call with the FAA is scheduled for tomorrow to
review the schedule further. A meeting with Ascent is scheduled for tomorrow to review
the fuel contract content and the Jacobs contract for on -call engineering is still being
dratted.
Operations
• Discussions were to take place with the Town to utilize airport parking for free shuttle
service to the ferries; but when Mr. Rafter indicated to do so for free could constitute
revenue diversion, the idea was dropped.
• Mr. Rafter commended Operations Superintendents Preston Harimon and Lam Hanson
for coordinating CPR Training, noting it was some of the best training he has participated
in.
• Mr. Rafter reported snow removal costs through early March were approximate $15K in
labor alone. He intends to produce a report to include other expenses such as equipment
maintenance.
• Miami Air has indicated they are planning a charter flight on May 23`^ bringing in one or
two Boeing 737's. Operations is working through the logistics for this.
• Jet Blue has announced service between Hyannis and New York. It is =determined
what impact this might have on Nantucket.
• FAA Airports Division Manager, Mary Walsh has indicated she would like to visit
Nantucket with Patrick Magnate of Airport Planning & Programming, Environmental
Division on May 10.
Statistics
Mr. Rafter reviewed the statistics for February:
• Operations: February 2014 is down 13.07% compared to February 2013. Fiscal YTD is
down 7.8 %. Poor weather is thought to be the blame.
• Enplanemems: February 2014 is down 23.5400/ compared to February 2013. Fiscal YTD
is up. 11%.
• Jet A Fuel: February 2014 is down 43% from February 2013. Fiscal YTD is up 3.16%
• AvGas Fuel: February 2014 is down 38% for February 2013. Fiscal YTD is down 3%
• Noise: There were zero noise complaints for February Fiscal YTD is down 56.35%
Sub - Committee Reports
None.
Commissioners Comments
Mr. Drake reported responding to the email complaint he shared at the last meeting regarding
being "unfairly taxed for GA building costs ". Mr. Drake will forward his response and indicated
he has not heard anything further from this individual.
3.25.14 Airport Commission Minutes Page 5 of 6
Mr. Drake handed out the final version of the ATM Article 12 Fact Sheet he presented in draft
form at the last meeting.
Mr. Drake noted the Board of Selectman postponed their decision to appoint a new
Commissioner until their meeting on March 261°. Mr. Drake noted speaking with Legal Counsel
regarding the possibility of Mr. Planer's appointment as it relates to the Open Meeting Law
(OML) noting if Mr. Planer is appointed, the Commission will be asked to participate in an
OW seminar.
Mr. Drake commended airport staff in the work performed in getting the new FRO open.
Public Comment
None.
Having no further business, Ms. Topham made a Motion to adjourn into Executive Session, not
to reconvene in Open Session, to review discuss strategy with respect to threatened litigation with
respect to the completions of the GA Building. The Chair has determined that an open session
may have a detrimental effect on the litigation position of the Commission. Second by Ms.
Planter and Passed by the following roll-call vote:
Mr. Drake — Aye
Ms. Topham —Aye
Ms. Planer — Aye
Meeting adjourned at 6:05 pm.
Cfully submitted,
Janine M Torres Recorder
Master List of Documents Used
3/25/14 Agenda including Exhibit 1
2/25/14 Commission/Master Plan Advisory Group Meeting Minutes
3/11/14 Draft Airport Commission Minutes
3/19/14 Warrant Commission Approval Sheet
3/10/14 Letter from Nantucket Music Festival re Parking Request w/ Bunker Rd Map
GL Smith Lease Timeline presented by R. Awed (Handout)
ACK Surf School LLC Beach License Revised Agreement
Termination of Lease (Coastal Wings) (Handout)
Notice of Termination of Lease (Coastal Wings (Handout)
Lease Agreement with Emily Air LLC
Assent to Sub -Lease (Emily Au LLC to Island Airlines LLC) (Handout)
Team Eagle Contract
3/19/14 Email from Giorgio to Drake re Airport Support of Chamber
February Statistics Power Point Presentation (Handout)
3.25.14 Airport Commission Minutes Page 6 of 6