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HomeMy WebLinkAbout2015-03-09 15-102 ORDERCOUNCIL ACTION Item No. 15-102 Date: March 9, 2015 Item/Subject: ORDER, Authorizing Execution of Settlement Agreement with Federal Aviation Administration (FAA) Responsible Department: Legal Commentary: This order will authorize execution of settlement agreement in the amount of $35,000 with Federal Aviation Administration. On January 11, 2014 freezing rain caused significant icing on the taxiways at Bangor International Airport. The icing resulted in the front wheels of a commercial aircraft slipping from the taxiway onto the grass. Although the incident did not result in any damage to the aircraft or injuries the incident was reported to the FAA and an investigation was conducted. In October 2014, the FAA issued the City a "Notice of Proposed Civil Penalties" noting that the Airport needed to improve some training, communications, and procedures. Additionally, the Notice included a civil penalty of $95,000. In January, City staff reviewed the incident with the FAA and had demonstrated that the Airport had corrected all deficiencies noted in the October report. The FAA concurred with the City and as a result, reduced the proposed penalty to $35,000. On February 26th, the FAA did a follow up inspection during a snowstorm and found that Airport and Airport staff were in full compliance with the rules and procedures. Staff reviewed this in Executive Session on February 23, 2015 and recommends approval. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Department Head a� City Manager Finance Director Page _ of _ City Solicitor 15-102 MARCH 9, 201.5 Assigned to Councilor Graham CITY OF BANGOR o` A4TED40 e �,fE (TITLE.) ORDER, Authorizing Execution of Settlement Agreement with Federal Aviation Administration WHEREAS, on January 11, 2014 as a result of freezing rain conditions causing ice on the runway and taxiways at Bangor International Airport, a Delta aircraft slid off the taxiway onto the grass; and WHEREAS, although it resulted in no injuries or property damage, it was an incident that required a report to and an investigation by the Federal Aviation Administration (FAA); and WHEREAS, on October 30, 2014 the FAA, after conducting its investigation, sent the City a "notice of Proposed Civil Penalty" noting its opinion that Bangor International Airport had been deficient in some of its procedures, training, and communication and recommending a fine of $95,000; and WHEREAS, Bangor International Airport, prior to the findings by the FAA and in response to its review of its operation had implemented numerous changes to address some of the issues later Identified by the FAA; and WHEREAS, after an informal conference with the FAA to discuss the issues and proposed penalty, the FAA has reduced the proposed penalty to $35,000. By the 01y Council of the Oty of Bangor. ORDERED, THAT Norman S. Heitmann, III, City Solicitor, is hereby authorized to execute a Settlement Agreement between the City of Bangor and the Federal Aviation Administration. Said Agreement is attached hereto. IN CITY COUNCIL MARCH 9, 2015 PASSED CITY CLERK U.S. Department of Transportation Federal Aviation Administration February , 2015 Office of the Chief Counsel New England Region City of Bangor, Maine, FAA Case #2014NE800006 SETTLEMENT AGREEMENT 15-102 MARCH 9, 2015 12 New England Executive Park Burlington, MA 01803 1. Parties: This Settlement Agreement (Agreement) is entered into between the Federal Aviation Administration (FAA) and City of Bangor, Maine ("Bangor") in regards to the above -referenced matter. Collectively, all of the above will be referred to as "the Parties." 2. Terms and Conditions: The Parties agree as follows: a. The FAA agrees to issue an Order Assessing Civil Penalty in the amount of $35,000. b. Bangor agrees to pay the above -referenced civil penalty within sixty (60) days of receipt of the Order Assessing Civil Penalty. c. Bangor agrees to waive its right to appeal this matter to the Department of Transportation or any other forum. JOHN R. DONNELLY Senior Attorney Federal Aviation Administration 12 New England Executive Park Burlington, MA 01803 781-238-7045 john.donnelly@faa.gov NORMAN S. HEITMANN, III City of Bangor, Maine City Solicitor