“It was a dynamic, wonderful meeting. They made us feel terrific — it was one step from the outhouse to the penthouse. They saw the difference in attitude, they called us a team."
Myron Garfinkle
Chairman, Airport Commission, of meeting with FAA

The chairman of the Martha’s Vineyard airport commission said this week that major strides have been made to correct a series of deficiencies found by the Federal Aviation Administration earlier this year, and federal money is now back on the table for capital improvements at the Island’s only commercial airport.

Meanwhile, a protracted legal dispute looms with embattled airport manager Sean Flynn who has been out since August and was formally placed on administrative leave in September.

Commission chairman Myron Garfinkle said he and a small group of airport officials met with FAA officials in Hyannis during the week of Oct. 12 and got signoff on a list of deficiencies cited by the FAA during an inspection last spring. 

A wildlife management plan, painting runway lines, a capital spending plan for the outdated air fire and rescue building have all been greenlighted by the FAA, Mr. Garfinkle said. Work on the airport master plan, stalled since 2012, will soon become active again, he added.

“It was a dynamic, wonderful meeting,” he said. “They made us feel terrific — it was one step from the outhouse to the penthouse. They saw the difference in attitude, they called us a team.”

In August it was revealed that the airport was under an Oct. 15 deadline to correct deficiencies identified by the FAA or face loss of millions of dollars in federal grant money and potentially its certification as a commercial airport. Later the FAA gave airport leaders a Dec. 31 deadline to finish designing an aircraft rescue and firefighting facility (ARFF) that is years behind schedule. The FAA awarded the airport $800,000 to design the new building in 2011, but the work was never completed.

Mr. Garfinkle said now the FAA has agreed to earmark nearly $9 million to rebuild the outdated ARFF building and also build a new facility to house snow removal equipment.

Bids will be prepared to go out in December, he said. “We are playing catchup with all these things that have been deferred, delayed, ignored — whatever you want to call them,” Mr. Garfinkle said.

Contacted by the Gazette Thursday, an FAA spokesman said the agency has a policy against commenting to reporters by telephone, and asked to have questions sent by email. Late Friday, in response to emailed questions from the Gazette, spokesman Arlene Salac wrote: “The FAA met with Martha’s Vineyard Airport officials last week to discuss the airport’s capital improvement plan. Please contact the airport for more details about the meeting and copies of documents that may have been discussed.”

The Gazette has repeatedly sought copies of inspection reports and other correspondence between the FAA and the airport commission, but has been told the materials cannot be disclosed while they are part of an ongoing investigation.

But Mr. Garfinkle said be believes the airport’s certification as a licensed commercial airport is no longer in jeopardy, and that formal written signoff is the only thing remaining before the investigation would be closed.

“All pressure is off,” he said. “The only thing left to do is format the written record.”

The contract dispute with Mr. Flynn is a different story. Under fire for his management style and job performance, Mr. Flynn left in August for an unscheduled two-week vacation. On Sept. 11 the airport commission voted in executive session to place the manager on paid leave after attempts to reach an amicable separation agreement were unsuccessful. A second executive session was held Oct. 15, and it is understood that the commission is now midway through a process aimed at terminating the manager. There is as of yet no public record available in connection with the dispute.

Mr. Flynn’s contract contains a specific procedure that the airport commission must follow in the event it decided to terminate. Under that procedure, the commission is required to give the manager 30 days advance notice of any vote to terminate his contract. After that, the manager is entitled to a hearing before an independent hearing officer and has the right to respond to any decision that comes out of the hearing. As spelled out in the contract, the manager is entitled to the hearing 10 days before any vote to terminate. Also under the terms of the contract, Mr. Flynn will continue to be paid until termination.

Mr. Garfinkle said he could not comment except to say: “The executive session [Oct. 15] was to discuss strategy. We are very mindful of Sean’s rights and honoring the contract that he has.” He also confirmed that the airport has retained additional counsel in the matter; Lawrence (Lonnie) Murray, an attorney with Burns and Levinson in Boston has been hired. Mr. Murray’s specialty is litigation.

The Gazette emailed Mr. Flynn on Friday seeking comment, but did not receive an immediate response.

Mr. Flynn began as airport manager in 2005. Last February the airport commission renewed his contract for three years at an annual salary of $138,822. The contract had noticeably different terms than the previous five-year contract, with more details favorable to Mr. Flynn in the event of termination proceedings. Most of the members of the commission that approved the contract have since resigned or been replaced.

Mr. Garfinkle was appointed to the board in March, along with vice chairman Robert Rosenbaum. The two men have been playing a lead role in the management of airport affairs since Mr. Flynn’s departure, along with assistant manager Deborah Potter, who is currently acting manager.

Mr. Garfinkle also confirmed that the commission has agreed to temporarily raise Mrs. Potter’s salary to the manager’s level; effective immediately she will be paid at an annual rate of $138,000.

He said Mrs. Potter has stepped up at a difficult time, and in the meeting last week the FAA took notice.

“Deb got recognition and was well received for her work,” Mr. Garfinkle said.