Airport Commission

Fitchburg Municipal Airport Commission Meeting Minutes May 24, 2017 PLACE: Terminal Building METTING TIME: 6:02PM ATTENDEES: Airport Manager Scott Ellis, City Solicitor Vincent Pusateri Assistant City Solicitor Christine Tree Chief of Staff A.J. Tourigny Commissioners: Chairman Naylor, Vice Chairman Peter Kettle, Commissioner Clayton Raymond, Comm. Richard Liberatore and Comm. John Early 1. Meeting Protocol was entered into the meeting by Chairman Jack Naylor  Chair Naylor introduced the commission members in attendance.  Chair Naylor motioned request to record audio (granted) approved Commissioner Raymond, Comm. Kettle, Airport Manager Scott Ellis  Public opportunity to speak: 2. Previous Month’s Minutes  Motion to accept April 26, 2017 airport minutes motion proposed by Comm. Liberatore to accept minute’s seconded Comm. Early Vote 5-0 (17-05-01) 3. Correspondence to the Commission Scott Ellis has letter from the ford V8 Club expressing appreciation to the commission motion to file letter into permanent record Motioned Comm. Early seconded Comm. Liberatore Vote 5-0 (17-05-02) 4. Project review Gale There are five (5) projects that Gale Associates, Inc. (Gale) is administering on behalf of the Fitchburg Airport Commission. They are: 1. Phase I Avigation Easement Acquisition (AIP No. 3‐25‐0018‐22‐2013)/(ASMP #: FIT ACQPH1) Project Description: This project is a Phase I avigation easement acquisition project to acquire avigation easements over parcels in the Runway 14 and Runway 32 approaches, adjacent to the Airport. Acquisition of all easements necessary to clear obstructions is a multi‐phased effort to occur over the next few years. Estimated Project Cost: FAA Share: $503,889.75 ( 90%) State Share $ 41,990.81 ( 7.5%) Local Share: $ 13,996.94 ( 2.5) Total Cost: $559,877.50 (100%) Project Status: This project is complete. Closeout documents have been sent to the FAA and MassDOT/AD. Actions Required by the Airport this month: None this month. 2. Phase II Avigation Easement Acquisition (AIP No. 3‐25‐0018‐23‐2014) Project Description: This project is a Phase II avigation easement acquisition project to acquire avigation easements over parcels in the Runway 14 and Runway 32 approaches,adjacent to the Airport. Acquisition of all easements necessary to clear obstructions is a multi‐phased effort to occur over the next few years. Project Cost: FAA Share: $ 620,000.10 ( 90.0%) State Share: $ 34,444.45 ( 5.0%) Local Share: $ 34,444.45 ( 5.0%) Total Cost: $ 688,889.00 ( 100%) Project Status Easements over all seven (7) properties included in this phase have been recorded at the registry of deeds. Gale is working with the subconsultants to finalize all invoices and begin closing this project out. Actions Required by the Airport this month: None this month. 3. Phase III Avigation Easement Acquisitions and Permitting (AIP No. 3‐25‐0018‐24‐2015) Project Description: This project is a Phase III avigation easement acquisition project to acquire avigation easements over approximately 22 parcels in the Runway 32 approach surface, adjacent to the Airport. Additionally, this project includes permitting efforts necessary to remove obstructions from the Runway 14‐32 approach surfaces. Project Cost: FAA Share: $ 2,183,850.00 (90.0%) State Share: $ 121,325.00 ( 5.0%) Local Share: $ 121,325.00 ( 5.0%) Total Cost: $ 2,426,500.00 (100%) Project Status: Easements: With the exception of the recently added parcel, all other easements in this phase have been recorded at the registry of deeds. The recorded easement for Dixie Consumer Products is complete and Gale is providing the Commission with the original documentation. Permitting/Historical: The historical display is complete. AHS was scheduled to be at the Airport this morning to fasten the bottom of the boards in the hallway. Letters to concurring parties (FAA, FHC, MASSDOT, and MHC) informing them that the historical display is complete need to be sent out. Gale has drafted these letters and they need to be executed by the Airport Manager. Actions Required by the Airport this month: Meet in executive session to discuss the stats of the one remaining parcel. Execute the letters for the concurring parties regarding the historical display. 4. Runway 14 End Obstruction Removal and Aeronautical Survey (Off Airport Property) AIP No. 3‐25‐0018‐25‐2015 Project Description: This project is an obstruction removal project to clear obstructions identified on nine (9) off‐airport properties in the Runway 14 approach surface, and to complete an Aeronautical Survey. Project Cost: FAA Share: $ 675,000.00 (90.0%) State Share: $ 37,500.00 ( 5.0%) Local Share: $ 37,500.00 ( 5.0%) Total Cost: $ 750,000.00 (100%) Project Status: Pending final acceptance by the Airport, all tree removal work has been completed. Gale conduced a site walk with Mike O’Hara (Fitchburg Conservation Agent) on November 15. Mike was accepting of the site conditions, and requested that the compost log remain in place until spring. Cook will need to return in the spring and remove the compost log mesh. The compost filler may remain on‐site. Only minor punch list items remain, most of which are administrative. The aeronautical study is underway. After some glitches with the FAA’s Airport GIS system, we have gained access and the project has been set up. Gale’s subconsultant (Col‐East) has uploaded the statement of work and technical plan, for review and approval by FAA and National Geodetic Survey. We are currently awaiting their response. Gale conducted a site walk with Mike O’Hara on May 9, 2017 to inspect the areas for stabilization. Mike asked that we leave the compost log in place for another month, and then we can re‐assess whether they can be removed. Foliar herbicide treatment in the Runway 14 end is planned for mid‐June. This includes all work areas within the cleared areas. Gale can adjust the work areas as needed, pending potential litigation from property owner(s). Actions Required by the Airport this Month: None this month. 5. Runway 32 End Obstruction Removal (Off Airport Property) AIP No. 3‐25‐0018‐26‐ 2017 (Pending) Project Description: This project is an obstruction removal project to clear obstructions identified on up to twenty‐seven (27) off‐airport properties in the Runway 32 approach surface in the City of Leominster. One (1) property is partially in the City of Fitchburg. Estimated Project Cost: FAA Share: $ 1,125,000.00 (90.0%) State Share: $ 62,500.00 ( 5.0%) Local Share: $ 62,500.00 ( 5.0%) Total Cost: $ 1,250,000.00 (100%) Project Status: Design is complete. Bids were opened on April 26, 2017 at 11:00 AM. The bidder for Contract No. 3 did not include a DCAM update statement, which was a bidding requirement. Gale made an inquiry to City Purchasing to  determine if this requirement can be waived, if the bidder can provide the update statement postbid, or if the project needs to be re‐bid. City Purchasing required the bid for Contract No. 3 be rejected. Gale discussed this with FAA and they granted an extension for the grant application deadline until June 1, 2017. This extension allowed for a re‐bid of Contract No. 3. Contract No. 3 was advertised for re‐bid on May 10, 2017. A Pre‐bid meetings for Contract No. 3 was held on May 18, 2017. Grant applications will need to be signed on Thursday, June 1, 2017. Gale will travel to meet Jack for signatures, as needed. The estimated total project amount shown above will be updated based on the re‐bid prices received for Contract No. 3. Actions Required by the Airport this Month: Review and accept the total project cost, and seek grant funding from FAA and MassDOT in the pending amounts shown above.  6. Other Items: None 5. New Business  Terminal Building Hallway Door Scott Ellis suggested a pass code lock system be programmed to allow tenants access to the terminal building lobby area during closed hours allowing access to the restrooms. A hallway door was suggested to be installed to segregate the rest of the terminal from the lobby denying access to this area in off hours Action Item Scott will look into the cost of installing a secured interior door at the beginning of the hallway.  Potential T hanger Construction Comm. Richard Liberatore is suggesting the airport begin the process of considering the cost and location of erecting some T hangers at the airport for private aircraft owners. It is agreed rent and the subsequent fuel sales generated from these hangers would be a good revenue generator for the airport as well as promoting growth. Tentative placement of the T hangers would likely be displacing Hangers 2 and 3; special consideration should be made to demolish Hanger 6 simultaneously. Matt Caron of Gale associates suggested the last master plan be reviewed to avoid conflict selecting a location for the proposed T hangers. Note: Comm. Kettle has asked the subcommittee to consider the displacement of the ten aircraft which would be displaced if the hanger 2 & 3 is removed for this project. Action Subcommittee to follow up with plans to move forward with t hanger proposal  FCA Rent/ Lease status update Charlie Valera co owner of FCA was unaware his attorney had not been communicating to the city solicitor in a timely manner to resolve lease issues. Charlie also was not in communication with his attorney over the lease details and could not comment on unresolved issues. For these reason a motion to table the subject till next month meeting was suggested by solicitor Pusateri. Note Comm Kettle advised the meeting all payments to the airport have not been applied as the amount was incorrect. FCA have paid $547 a month since occupying the space and the discussed terms were a minimum of $1,500 for 3 months, with a discussion between the Attorneys of between $1,500 to $1,800  per month as identified in past minutes of the meeting. Note Comm. Kettle expects all shortages will be paid since FCA occupied the space for the agreed amount of $1,500.00 per month since the occupation took place. Motion made to table the subject of FCA lease/ status, motion to include a license fee payment of $ 1,500.00 per month moving forward for the current space being occupied by FCA. Comm. Early Motion seconded Comm. Liberatore. Vote 5-0 (17-05-03) Action Charlie Valera and his attorney will negotiate details of the lease proposed by the Solicitors office. Charlie will submit a lease proposal to the commission at next month’s meeting.  FACT Lease status update Solicitor Pusateri is still in disagreement over a few items concerning the current lease, among them are arrears allegedly owed by FACT, lease square footage and a clear title concerning Hanger 14. A letter from the law department of the city of Fitchburg Dated June 17 2016 submitted to FACT outlines these issues among others surrounding the FACT lease. FACT responded to the letter on July 13 2016 outlining their disagreements to the statements in the letter. Eric Sheffels (FACT Secretary) respectfully addressed the commission and would like to establish a mechanism moving forward to resolve the current lease status. Eric and Dave Murphy (FACT Trustee) are confident a negotiated lease can be achieved that is in compliance with the FAA recommendations as well as come to terms with the unresolved issues outlined in the solicitor’s letter Dated June 17 2016. Eric Sheffels has suggested a subcommittee be selected to negotiate an amended lease in order to expedite the process for both parties. Tom Philipou (FACT Trustee) suggests a member of the city council be assigned to this subcommittee. Kurt Hoffman FACT Treasurer is in favor of having the previous lease to act as a template moving forward  Note: Any lease agreement accepted by the Commission concerning FACT Lease will have to be brought to the city council for review of the terms and final approval.  Motion to establish subcommittee by Comm. Naylor Seconded Comm. Liberatore Vote 5-0 (17-05-04)  Subcommittee selected chair Naylor volunteered himself Chair Jack Naylor Comm. Raymond and City Councilor Michael Kushmerek will be contacted to see if he will volunteer his time.  Action Chair Naylor will contact Councilor. Kushmerek to see if he is available to be on this subcommittee  Bullock Charter Solicitor Pusateri has notified the commission about the bullock lease term is a ten year lease and is renewable for an additional ten years at the tenant’s discretion. It has been brought to the commission’s attention that a rent adjustment can be assessed after the first seven years each year with a 30 day notice. The increase is based on the CPI index and is not negotiable. The second ten years the commission has the right to adjust rent rate based on the same CPI index every year. Comm. Kettle inquired of the Attorneys present whether Bullock Charter had the right to Sub Lease part of the hangar space as there were circa 6 planes renting space plus space being occupied by an Engine Repair shop. Comm. Kettle advised that the airport could be missing financial gains for those  spaces. Attorneys to advise .Motion to increase rent for the remainder of this year to $2,660.00. Motion to send tenant a notice of the lease adjustment increase. Motion to table the subject to next month’s meeting Comm. Early seconded Comm. Kettle Vote 5-0 (17-05-05) Action Provide notification to Bullock of rent increase  TCA escrow Status Chair Naylor: Building 7 is withholding rent payments with the commissions permission 6. Old Business  NOTAM is in operation and seems to be very promising and will allow quick notification to anyone who wishes to subscribe. It will be especially helpful when the weather is in climate.  Rodeo Chair Naylor Was generally pleased with the outcome of the event and mentioned everyone in attendance appeared to be enjoying themselves. Some noise complaints are still being fielded but were far less than last year. Councilor Dinatale is asking the commission to consider a Saturday night with an earlier end time. The commission will consider these suggestions. No action will be taken at this time.  Scott Ellis: was pleased with the clean up with the exception of the fence pick up. Carlos of panama productions will be notified of the delayed fence pick-up.  Airport Blvd entrance street lights Comm. Liberatore has inquired to the DPW about the responsibility of lighting the entrance Comm. Liberatore has informed the commission the airport is responsible for the installation of any lights in the entrance. The airport does have a light and will look to having it installed. 7. Financial Review  Draft FY2018 Budget Scott Ellis presented a draft airport budget for fiscal year 2018 Commission reviewed and is generally in agreement. Total amount of the draft budget has not changed and will be submitted as is. 8. Sub Committee Report  Chief of staff AJ Tourigny is asking the commission to form a subcommittee to evaluate the Airport department head (Scott Ellis). Chair Naylor has appointed Comm. Early as chair of subcommittee, Comm. Kettle and Comm. Liberatore Chair Naylor Motion Comm. Raymond seconded Vote 5-0 (17-05-06) 9. Managers operation report Scott Ellis  Hydro Seeding will commence this week weather permitting  High speed internet should be installed sometime this summer  FPA aero Fair scheduled June 11 2017  Picnic table security DPW will drill holes to allow for securing tables.  Fuel contract with shell has never been signed and we do not have a signed fuel contract the airport will entertain bids with the possibility of self serve fuel.   Action Scott Ellis will follow-up  Motion to adjourn Comm.Liberator seconded comm. Early vote 5-0 (17-05- 07)  Conclusion 8:18  Next meeting will be Wednesday June 28, 2017 6 pm Motion Chair Naylor to go to executive session by Roll Call Yes Roll call completed all commissioners in agreement Recording Secretary Commissioner Clayton Raymond