Wednesday, December 19, 2012

Seaplane Adventures: Santa makes a landing in Marin, California

 
Santa's seaplane had a dead battery so he had to try to spin the engine to life by hand on Wednesday, Dec. 19, 2012, in Sausalito, Calif. After changing batteries, he flew around Angel Island and returned to hand out toys to Marin City kids. 
(IJ photo/Frankie Frost) Frankie Frost

 

Santa Claus flew into Southern Marin Wednesday afternoon packing a sackful of presents for good boys and girls, but for this trip he left his reindeer behind. 

Instead, he piloted his own aircraft, a Cessna 172, to make his special delivery to about 60 children from Marin City and the Canal Area of San Rafael.

Santa made a perfect landing on Richardson Bay and pulled up to the dock at Seaplane Adventures near the Highway 101/1 junction.

"Santa Claus, Santa Claus!" chanted the children — between 4 and 8 — as old Saint Nick himself, joined by Mrs. Claus, walked toward the group of squealing youngsters.

"Hello Children!," Santa said, after uttering his famous "ho, ho, ho."

"It was a very long flight from the North Pole," he said.

Santa's flight was delayed about half hour because of a dead battery in his plane, but he was determined to make the flight to see the kids.

The children swarmed the man dressed in red and quickly formed a line to talk to him one on one.

"I hope to get an Easy Bake oven," gushed Nancy Hoang of Marin City. "It was nice to see him fly in. I actually wanted to come with him."

Said Mikyla Williams of Marin City: "I want to get a microphone for when I sing."

Felecia Gaston, head of Marin City Performing Stars, coordinated the event with help from the Mill Valley, Southern Marin and Marin County fire departments, the California Highway Patrol, the Sausalito Parks and Recreation Department, Bridge The Gap Tutoring, Community Action Marin and Outback Steakhouse.

"Keeping tradition is so important in these days and times," she said. "We want kids to believe and dream so they can be happy."

Seaplane Adventures owner Aaron Singer, who has a passing resemblance to the Santa, came up with the idea.

"We wanted to do Santa's seaplane, and we got together with Felecia to make it happen," he said. "This is the first time we have done this and we hope to do it many years to come." 


Story and photos:    http://www.marinij.com

http://www.seaplane.com

Mosquito makes big aviation crowd buzz

The world's only flying De Havilland Mosquito proved to be a huge drawcard yesterday for hundreds of aviation enthusiasts who crowded the tarmac outside Classic Flyers to welcome an aircraft making its first and last visit to Tauranga.

 All it needed was a bit of patience because the newly rebuilt classic World War II fighter/bomber arrived nearly two hours late.

Classic Flyers Museum chief executive Andrew Gormlie said the Mosquito was so new that it was having work done on it all the time and needed a bit more tweaking than expected at Ardmore Aerodrome before it flew out for Tauranga.

Luckily some flexibility around the start time for the 6pm special meeting of the Aviation Historic Society meant people were still able to view the aircraft up close and enjoy fly-pasts.

"They still had a chance to see the aircraft, just not as long as they thought," Mr Gormlie said.

He was pleased but not surprised at the big turnout. "It is a pretty unique item. It's the only one flying in the world."

The Mosquito arrived about 4.20pm, did a couple of tests followed by fly-pasts before taxiing to the tarmac outside Classic Flyers.

Nick-named the 'Wooden Wonder' when it took to the air in World War II, the Mosquito's spruce construction meant it did not stay in the skies after the war for as long as other classic aircraft from the same era.

It had been nearly 20 years since the last Mosquito was airborne and this fighter/bomber version would also have been still firmly on the ground if not for a painstaking 15-year rebuild by Avspecs at Ardmore.

Built from wood because of the shortage of metal during the war, the aircraft was developed and produced in the space of just one year by De Havilland, quickly proving itself as a versatile and effective aircraft able to fly high and fast.

It was piloted yesterday by Keith Skilling who later described his recent experience of flying the Mosquito to the special meeting which was open to members of the public.


 Story and photos:    http://www.bayofplentytimes.co.nz

Emergency landing at Belfast City Airport

It is understood the Flybe aircraft encountered minor technical difficulties shortly after departing for Manchester at 8.20pm on Wednesday.

Around 15 minutes into the flight the pilot decided to return to base as a precaution.

Emergency crews were called to City Airport and surrounding roads were closed as the plane landed safely at around 8.55pm.

There were 36 passengers and four members of crew on board. No injuries were reported.

The passengers were due to board a replacement flight after the incident.

Story and photo:    http://www.u.tv


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Nationaal Paracentrum, Netherlands: Mark van den Boogaard, skydiver, dies when chute fails to open; no one notices for over a week

Dutch police say they do not believe any crime was committed in the case of a skydiver who died and lay undetected in a field for more than a week.

 Mark van den Boogaard was not reported missing and his body was discovered by chance. His parachute failed to open on his dive on 8 December.

No technical problems were found with the parachute and the investigation was over, a police statement said.

The jump was organized with the largest skydiving club in the Netherlands.

But the club said it had not launched a search as skydivers do not usually report back after their jump.


'Shocked'

Police information officer Anton De Ronde said a local team had visited Mr Boogaard's family to inform them, but that he was not close to any of his relatives - which is, the police believe, why no-one reported him missing.

Simon Woerlee, manager of the Nationaal Paracentrum skydiving club, in the village of Teuge near Deventer in Gelderland province, described his members as "shocked".

He described Mr Boogaard as "a friendly and happy man, but a loner, someone who did not really talk to anyone and was always on his own".

He was self-employed, so no-one from work called to see why he was absent.

Mr Boogaard was a regular and relatively experienced skydiver, according to club records, completing approximately 120 jumps since joining up in summer 2011.

The Royal Netherlands Aeronautical Association and the police launched an examination of the equipment to try to work out why neither the main chute nor the reserve chute opened.

In a statement on Wednesday evening, Dutch police said that the investigation was complete and that no crime had been committed and no defects found in the parachute.


'We never check'

Mr Woerlee of the parachute club said there was no system to make sure that a jump had been completed safely.

"We never check, there is no law, no regulations," he said.

"They have tried it in America but it didn't work. Sometimes people come back to the club for a cup of tea and a chat, but sometimes they just pack up and leave.

"If you are forced to find out where everyone is, there can be a big drama for nothing. You can call all the emergency rescue teams and helicopters, then discover the person is sitting at home having tea with his granddad - that has happened before."

However, a means of checking in with skydivers after their jump is "well worth investigating" Meiltje de Groot, director of Teuge airfield, told the local De Stentor newspaper.

"It's very sad that someone could lie dead somewhere for so long without anyone missing him", Mrs de Groot said.


Story and photo:   http://www.bbc.co.uk

http://www.paracentrumteuge.nl

RyanAir under investigation over weight reports

German regulators claims Ryanair deliberately and routinely falsified weight reports on its planes to avoid millions of dollars in air traffic control charges.

At the same time, they have collected thousands in excess baggage fees.

German air safety watchdog Deutsche Flugsichering is investigating Ryanair.

They claim Ryanair misinformed authorities about take-off weights on its Boeing 737-800 aircraft by as much as eight tonnes.

If that is true, they avoided paying $21 per flight.  Based on the maximum number of flights, that could cost Ryanair $65million.

Online specialist freight magazine Cargo Forwarder reported: “some of the traffic watchers must have become suspicious when comparing the Irish discounter's low MTOM weights with data delivered by other carriers having the same Boeing variant in their fleet.

“This resulted in numerous on-the-spot checks of Ryanair flights to and from Germany, particularly at Ryanair's hub Frankfurt-Hahn. The outcome of these controls seems to have corroborated the aviation authority's concerns over the doubtful weight declaration submitted by the Irish airline.”

Ryan Air said: “Ryanair has a policy of not commenting on rumor or speculation. Ryanair's 737 aircraft operate in full compliance with Boeing's flex-weight program, as certified and approved by the Irish Aviation Authority (IAA) and we will continue to do so.

“We do not comment on specific flights but we are happy to address any issues or queries raised by EuroControl directly with them and we will continue to do so.”


Source:   http://www.theaustralian.com.au

OREGON: Helicopter crash prompts special training at Sheridan FD

It’s not often that local firefighters get dispatched on a downed aircraft, but that’s what happened earlier this month.

After responding to the Cherry Hill helicopter crash site and providing medical care to the injured pilot, Deputy Chief Bill Alguire began preparing for fire drill the following evening. The topic of choice: Emergency response to calls involving aircraft.

The two-hour presentation included a review of the crash on Nov. 27, training video clips from the Federal Aviation Administration and even a remote controlled helicopter. Alguire, who has two decades of experience as an air ambulance medic, taught the class.

Helicopters are just one type of aircraft used in the area. They spray crops, load Christmas trees, evacuate injured patients, haul cargo and complete training missions for the military.

Experimental aircraft, such as the RV6 that recently crashed near Scio, and light sport aircraft (ultralights) are common as well as certificated fixed-wing aircraft and helicopters.  In rural areas, private airstrips abound.

Gone are the years when airplanes were constructed of fabric, metal and wood. Now composite structures made of glass or carbon fibers held together by epoxy resin are common. The new materials pose new risks for rescuers.

Technology has also changed. When George and Peggy Morgan flew aircraft off their airstrip in Ballston and Clyde Evers flew from his private strip east of Harmony Road, airplanes were not equipped with ballistic parachute systems or airbags.

Now when emergency personnel respond on a call for a downed aircraft, they must consider not only fire and explosive hazards, but dangers posed by pressure vessels, mechanical hazards and toxic substances. All of these things including cargos of hazardous materials such as herbicides, pesticides and fungicides can pose health and safety risks, explained Alguire.

Emergency responders must also take into consideration access to the site. Unlike the recent incident where the helicopter crashed onto a road, sites are frequently difficult to access. Rescuers may have to pack equipment and supplies through what may be inhospitable terrain. As a result, manpower is taxed, Alguire said.

Other things besides rescuer safety must also be taken into consideration. At a crash site, emergency responders must also follow rules and regulations handed down by the Federal Aviation Administration and the National Transportation Safety Board.

Access to the area must be limited to preserve evidence for the investigation. Anything moved or changed must be documented. “You’ve got to treat it like a crime scene,” said Alguire. “It becomes very time intensive.”

If a bystander witnesses an aircraft crash, they should resist the urge to rush in and set up a safety perimeter. “Make sure other bystanders don’t go in there,” Alguire said. The same hazards that could injure or kill emergency responders could pose health and safety risks for a bystander.


Source:    http://www.sheridansun.com

Unruly passenger costs Qantas $120,000 with emergency landing

Justin Richard Cooke leaves the Cairns Courthouse after he was granted bail. It is believed that he has cost Qantas $120,000 after a flight between Sydney and Japan was forced to make an emergency landing in Cairns so the 34-year-old could be arrested.
 Photo Credit: Marc Mccormack

  • Justin Cooke 'drunk' on on Qantas flight to Japan
  • Confronted when he smokes in toilet
  • Restrained and pilot diverts plane to Cairns
  • Arrested but too drunk to appear in court next morning
  • Faces four charges

A drunk and unruly passenger is alleged to have cost Qantas $120,000 after a flight between Sydney and Japan was forced to make an emergency landing in Cairns to throw the 34-year-old off the plane. 

 Justin Richard Cooke was granted bail yesterday to live with his mother in Western Australia after facing the Cairns Magistrates' Court for allegedly lighting a cigarette in the aircraft's toilet and assaulting a cabin crew member who confronted him over it.

The court was told the pilots on flight QF21 to Tokyo had to dump 60,000 litres of fuel before the plane with 350 passengers on board could land at Cairns International Airport, which was forced to reopen about 1.45am yesterday to facilitate the emergency landing.

"I am informed by the Australian Federal Police this incident cost Qantas about $120,000," Commonwealth prosecutor Audra Meginyte said.

The drama unfolded about 30 minutes into the flight as Cooke became heavily intoxicated, drinking from a bottle of vodka he brought on to the aircraft.

He became agitated when cabin crew confronted him for lighting a cigarette, Ms Meginyte said.

"The defendant then punched a cabin manager in the chest," Ms Meginyte said.

The court heard he was restrained using "flexi-cuffs", but still managed to spit in the eyes of the cabin crew manager and on his jacket.

The pilot was then informed a passenger was "unsuitable to travel", Ms Meginyte said.

"The pilot made a decision to divert the aircraft to Cairns International," she said.

The court heard Mr Cooke registered a blood-alcohol reading of 0.300 percent when he was arrested by the AFP.

He appeared in court in the afternoon as he was still too intoxicated to attend the morning session to face the four charges, which include lighting a cigarette on an aircraft, behaving in an offensive matter, assault and acts threatening the safety of persons in an aircraft.

Mr Cooke told Magistrate Robert Spencer he still wanted to travel to Japan.

"I was on the way to Japan to visit my daughter," he said.

"What if I don't go with Qantas or Jetstar?"

Mr Spencer said it was not possible because while bail was unopposed by the Commonwealth Department of Public Prosecutions, he would have to surrender his passport and not go to an international point of departure.

"These are very serious charges, you must understand that," the magistrate told Mr Cooke.

The matter will be heard in the Cairns Magistrates' Court again on January 31.

Mr Cooke must travel from Kalamunda in WA to appear at that time, or have a lawyer represent him.


Source:    http://www.cairns.com.au

Beechcraft B100 King Air, Stinger Welding Inc., N499SW: Accident occurred December 18, 2012 in Libby, Montana

NTSB Identification: WPR13FA073 
14 CFR Part 91: General Aviation
Accident occurred Wednesday, December 19, 2012 in Libby, MT
Probable Cause Approval Date: 02/04/2015
Aircraft: BEECH B100, registration: N499SW
Injuries: 2 Fatal.

NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.

When the flight was about 7 miles from the airport and approaching it from the south in dark night conditions, the noncertificated pilot canceled the instrument flight rules (IFR) flight plan. A police officer who was on patrol in the local area reported that he observed a twin-engine airplane come out of the clouds about 500 ft above ground level and then bank left over the town, which was north of the airport. The airplane then turned left and re-entered the clouds. The officer went to the airport to investigate, but he did not see the airplane. He reported that it was dark, but clear, at the airport and that he could see stars; there was snow on the ground. He also observed that the rotating beacon was illuminated but that the pilot-controlled runway lighting was not. The Federal Aviation Administration issued an alert notice, and the wreckage was located about 7 hours later 2 miles north of the airport. The airplane had collided with several trees on downsloping terrain; the debris path was about 290 ft long. Postaccident examination of the airframe and engine revealed no mechanical malfunctions or failures that would have precluded normal operation. The town and airport were located within a sparsely populated area that had limited lighting conditions, which, along with the clouds and 35 percent moon illumination, would have restricted the pilot’s visual references. These conditions likely led to his being geographically disoriented (lost) and his subsequent failure to maintain sufficient altitude to clear terrain. Although the pilot did not possess a valid pilot’s certificate, a review of his logbooks indicated that he had considerable experience flying the airplane, usually while accompanied by another pilot, and that he had flown in both visual and IFR conditions. A previous student pilot medical certificate indicated that the pilot was color blind and listed limitations for flying at night and for using color signals. The pilot had applied for another student pilot certificate 2 months before the accident, but this certificate was deferred pending a medical review.

The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The noncertificated pilot’s failure to maintain clearance from terrain while maneuvering to land in dark night conditions likely due to his geographic disorientation (lost). Contributing to the accident was the pilot’s improper decision to fly at night with a known visual limitation.

HISTORY OF FLIGHT

On December 19, 2012, about 0002 mountain standard time (MST), a Beech B100, N499SW, collided with trees near Libby, Montana. Stinger Welding was operating the airplane under the provisions of 14 Code of Federal Regulations (CFR) Part 91. The non-certificated pilot and one passenger sustained fatal injuries; the airplane was destroyed from impact forces. The cross-country personal flight departed Coolidge, Arizona, about 2025 MST with Libby as the planned destination. Visual meteorological conditions prevailed at the nearest official reporting station, and an instrument flight rules (IFR) flight plan had been filed.

The Federal Aviation Administration (FAA) reported that the pilot had been cleared for the GPS-A instrument approach procedure for the Libby Airport (S59), which was located 7 nm south-southeast of Libby. The pilot acknowledged that clearance at 2353. At 2359, the airplane target was about 7 miles south of the airport; the pilot reported the field in sight, and cancelled the IFR flight plan. Recorded radar data indicated that the airplane was at a Mode C altitude of 11,700 feet mean sea level at that time, and the beacon code changed from 6057 to 1200.

A track obtained from the FilghtAware internet site indicated a target at 2320 at 26,000 feet that was heading in the direction of Libby. The target began a descent at 2340:65. At 2359:10, and 11,700 feet mode C altitude, the beacon code changed to 1200. The target continued to descend, and crossed the Libby Airport, elevation 2,601 feet, at 0000:46 at 8,300 feet. The track continued north; the last target was at 0001:58 and a Mode C altitude of 5,000 feet; this was about 3 miles south of Libby and over 4 miles north of the airport.

A police officer reported that he observed a twin-engine airplane come out of the clouds over the city of Libby about 500 feet above ground level. It turned left, and went back into the clouds. The officer thought that it was probably going to the airport; he went to the airport to investigate, but observed no airplane. It was dark, but clear, at the airport with about 3 inches of snow on the ground, and he could see stars. He also observed that the rotating beacon was illuminated, but not the pilot controlled runway lighting. He listened for an airplane, but heard nothing.

When the pilot did not appear at a company function at midday on December 18, they reported him overdue. The Prescott, Arizona, Automated Flight Service Station (AFSS) issued an alert notice (ALNOT) at 1102 MST; the wreckage was located at 1835.

PERSONNEL INFORMATION

A review of FAA medical records revealed that the 54-year-old pilot first applied for an Airman Medical and Student Pilot Certificate in August 2004. On that Medical Certification Application, the pilot reported having 500 hours total time with 200 hours in the previous 6 months. No alcohol or medication usage was reported; however, the pilot was determined to be red/green color blind.

On June 9, 2010, the pilot reported on an application for an Airman Medical and Student Pilot Certificate that he had 925 hours total time with 150 hours in the previous 6 months. He was issued a third-class medical certificate that was deemed not valid for night flying or using color signal control.

On May 16, 2012, the pilot received a driving while intoxicated (DWI) citation in Libby.

The pilot reported on an application for an Airman Medical and Student Pilot Certificate dated October 16, 2012, that he had a total time of 980 hours with 235 hours logged in the previous 6 months. Item 52 for color vision indicated fail. This application reported a new diagnosis of hypertension, and use of medications to control it. This application reported yes in item 17 (v) for history of arrest of conviction for driving while intoxicated. The FAA deferred the issuance of the Student Pilot and Medical Certificate, indicating that they were investigating a failure to report within 60 days the alcohol-related motor vehicle action that occurred in Montana on May 16, 2012. 

The National Transportation Safety Board (NTSB) investigator-in-charge (IIC) reviewed copies of the pilot's logbooks beginning on March 21, 2010, and ending November 4, 2012. The entries indicated a total time of 978 hours during that time period. Time logged for the 90 days prior to the accident was 34 hours. The logbooks recorded numerous trips to Libby with three entries in the previous 90 days. The last solo flight endorsement, in a Cessna 340, was signed off by a certified flight instructor in August 2011. The logbook contained several entries for flights in instrument flight rules (IFR) conditions.

The IIC interviewed the chief pilot for the company, who was hired to fly the Stinger Company's Cessna CJ2 jet, which they purchased about 4 years earlier. The accident pilot owned the company, and would typically have the chief pilot arrange for a contract pilot to fly with him in the accident airplane. The chief pilot was standing by to fly the owner in the CJ2, but the owner never contacted him or requested another pilot for the accident airplane.

The IIC interviewed a contract pilot who flew with the accident pilot on December 16, 2012; this was their only flight together. It was a 6-hour round trip from Coolidge to La Paz, Mexico. The airplane was in perfect condition; everything was working, and they had no squawks. The pilot had paper charts, as well as charts on an iPad. The contract pilot felt that the pilot handled the airplane well, was competent, and understood all of the systems. The pilot coached the contract pilot on the systems installed including the autopilot. They used it on the outbound trip, and it operated properly. They used the approach mode into La Paz including vertical navigation. The pilot had no complaints of physical ailments or lack of sleep, and fuelled the airplane himself.

The passenger was a company employee who was not a pilot.

AIRCRAFT INFORMATION

The airplane was a Beech B100, serial number BE89. The airplane's logbooks were not provided and examined. 

The IIC interviewed Stinger Welding's aviation maintenance chief, whose 4-year employment was terminated about 1 month after the accident. He stated that the airplane typically flew 200-400 hours a year; the company had flown it about 800 hours since its acquisition. The chief was not aware of any unresolved squawks as the owner usually had him take care of maintenance needs immediately. The airplane had been out of service for maintenance for a long time the previous year, having taken almost 7 months to get the propeller out of the shop due to the repair cost. The maintenance chief said that the owner kept the onboard Garmin GPS databases up to date. The airplane was operated under Part 91 CFR, and inspections being delayed were: the 6-year landing gear inspection was past due; the 12-month items were due; and the 3-year wing structure and wing bolt inspection was due.

METEOROLOGICAL CONDITIONS

The closest official weather observation station was Sandpoint, Idaho (KSZT), which was 46 nautical miles (nm) west of the accident site at an elevation of 2,131 feet mean sea level (msl). An aviation routine weather report (METAR) issued at 2355 MST stated: wind from 220 degrees at 5 knots; visibility 10 miles; sky 2,800 feet overcast; temperature 0/32 degrees Celsius/Fahrenheit; dew point -3/27 degrees Celsius/Fahrenheit; altimeter 29.72 inches of mercury. Illumination of the moon was 35 percent.

AIRPORT INFORMATION

The Airport/ Facility Directory, Northwest Pacific U. S., indicated that Libby Airport had an Automated Weather Observation System (AWOS)-A, which broadcast on frequency 118.575.

Libby runway 15/33 was 5,000 feet long and 75 feet wide; the runway surface was asphalt. The airport elevation was 2,601 feet.

The airport was located within the general confines of the Kootenai National Forest, and beyond the town of Libby; the area was lightly inhabited.

WRECKAGE AND IMPACT INFORMATION

The IIC and investigators from the FAA and Honeywell examined the wreckage on site. Detailed examination notes are part of the public docket. The center of the debris field was about 2.5 miles north of the airport at an elevation of 4,180 feet.

A description of the debris field references debris from left and right of the centerline of the debris path; the debris was through trees on a slope that went downhill from left to right. The debris path was about 290 feet long along a magnetic bearing of 125 degrees. 

The first identified point of contact (FIPC) was a topped tree with branches on the ground below it and in the direction of the debris field. About 50 feet from the tree were composite shards, and a piece of the composite engine nacelle, which had a hole punched in it.

The next point of contact was a 4-foot-tall tree stump with shiny splinters on the stump. The lower portion of the tree had been displaced about 30 feet in the direction of the debris field with the top folded back toward the stump. Underneath the tree trunk were the nose gear and control surfaces followed by wing pieces.

One engine and propeller with all four blades attached was about 50 feet from the stump, and on the right side of the debris path. This was later determined to be the right engine. Next on the left side of the debris path was the outboard half of one propeller blade; another propeller blade was about 10 feet further into the debris field.

Midway into the debris field were several trees with sheet metal wrapped around them. Near the midpoint of the debris field, a portion of the instrument panel had imbedded into a tree about 15 feet above the ground. The wiring bundle hung down the tree trunk to ground level. To the left of the instrument panel was one of the largest pieces of wreckage. This piece contained the left and right horizontal stabilizers, vertical stabilizer, and part of one wing with the landing gear strut attached. The rudder separated, but was a few feet left of this piece.

Next in the debris field was a 6- by 8-foot piece of twisted metal, which contained the throttle quadrant.

About 100 feet right of the debris path centerline and downhill from the throttle quadrant was a 10-foot section of the aft cabin. This section was connected by steel cables and wires to a 4- by 7-foot piece of twisted metal.

The furthest large piece of wreckage was the second engine; this was later determined to be the left engine. The left propeller hub with two blades attached had separated from the engine; the other two blades were located earlier within the debris field.

MEDICAL AND PATHOLOGICAL INFORMATION

The Forensic Science Division, Department of Justice, State of Montana, completed an autopsy, and determined that the cause of death was blunt force injuries.

The FAA Forensic Toxicology Research Team, Oklahoma City, Oklahoma, performed toxicological testing of specimens of the pilot.

Analysis of the specimens indicated no carbon monoxide detected in blood (cavity), no test performed for cyanide, no ethanol detected in muscle or kidney, and no findings for tested drugs.

TESTS AND RESEARCH

The IIC and investigators from the FAA, Textron Aviation, and Honeywell examined the wreckage at Avtech, Kent, Washington, on February 13, 2013.

Detailed examination notes are part of the public docket. Investigators observed no mechanical anomalies that would have precluded normal operation of the airframe or engines.

The engines had been modified from Honeywell models to National Flight Services, INC., models per a supplemental type certificate (STC SE002292AT), and installed in the airplane per STC SA00856AT.

The left engine was TPE331-6-511B, serial number P-27185C based on a Beechcraft data tag on the engine. The starter/generator input shaft fractured and separated; the fracture surface was angular and twisted.

No metallic debris was adhering to the engine chip detector.

The engine inlet fractured and separated from the engine gearcase housing. Earthen debris was observed on the first stage compressor impeller. Vanes of the first stage impeller were bent opposite the direction of rotation.

Overall, the compressor case and plenum displayed crush damage. Upon removal of the airframe exhaust, investigators observed earthen debris within the engine exhaust. There was a fine layer of dried mud/earthen debris on the forward suction side of the third stage turbine blades. Investigators observed metal spray deposits on the third stage turbine stator vanes.

All four propeller blades exhibited leading edge damage; a section of one blade was not recovered with the aircraft wreckage, but this blade's tip was recovered.

The right engine was a TPE331-6-511B, serial number P27190C. 

Investigators observed rotational scoring in multiple locations on the propeller shaft. The first stage compressor impeller displayed tearing and battering damage; some vanes were bent opposite the direction of rotation. Investigators observed wood debris in the engine inlet area.

Investigators observed metal spray deposits noted on the suction side of the third stage turbine stator vanes.

All four of the right propeller's blades displayed leading edge damage and chordwise scoring. One tip fractured and separated; it was not recovered. All blades bent aft at midspan; they exhibited s-bending and tip curling.

http://registry.faa.gov/N499SW

NTSB Identification: WPR13FA073
14 CFR Part 91: General Aviation
Accident occurred Tuesday, December 18, 2012 in Libby, MT
Aircraft: BEECH B100, registration: N499SW
Injuries: 2 Fatal.

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed. NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.

On December 18, 2012, about 0002 mountain standard time (MST), a Beech B100, N499SW, collided with trees at Libby, Montana. Stinger Welding was operating the airplane under the provisions of 14 Code of Federal Regulations (CFR) Part 91. The noncertificated pilot and one passenger sustained fatal injuries; the airplane sustained substantial damage from impact forces. The cross-country personal flight departed Coolidge, Arizona, about 2025 MST on December 17th, with Libby as the planned destination. Visual meteorological conditions prevailed at the nearest official reporting station of Sandpoint, Idaho, 264 degrees at 46 miles, and an instrument flight rules (IFR) flight plan had been filed.

The Federal Aviation Administration (FAA) reported that the pilot had been cleared for the GPS-A instrument approach procedure for the Libby Airport. The clearance had a crossing restriction of 10,700 feet at the PACCE intersection, which was the initial approach fix for the GPS-A approach. The pilot acknowledged that clearance at 2353. At 2359, the airplane target was about 7 miles south of the airport; the pilot reported the field in sight, and cancelled the IFR flight plan.

A police officer reported that he observed an airplane fly over the city of Libby, which was north of the airport; the airplane then turned toward the airport. The officer went to the airport to investigate, but observed no airplane. He noted that it was foggy in town, but the airport was clear. He also observed that the rotating beacon was illuminated, but not the pilot controlled runway lighting.

When the pilot did not appear at a company function at midday on December 18, they reported him overdue. The Prescott, Arizona, Automated Flight Service Station (AFSS) issued an alert notice (ALNOT) at 1102 MST; the wreckage was located at 1835.

The National Transportation Safety Board investigator-in-charge (IIC) and investigators from the FAA and Honeywell examined the wreckage on site. A description of the debris field references debris from left and right of the centerline of the debris path. The debris was through trees on a slope that went downhill from left to right.

The first identified point of contact (FIPC) was a topped tree with branches on the ground below it and in the direction of the debris field. About 50 feet from the tree were composite shards, and a piece of the composite engine nacelle, which had a hole punched in it.

The next point of contact was a 4-foot tree stump with shiny splinters on the stump. The lower portion of the tree had been displaced about 30 feet in the direction of the debris field with the top folded back toward the stump. Underneath the tree trunk were the nose gear and a couple of control surfaces followed by wing pieces.

One engine with the propeller attached was about 50 feet from the stump, and on the right side of the debris path. Next on the left side of the debris path was the outboard half of one propeller blade; another propeller blade was about 10 feet further into the debris field.

Midway into the debris field were several trees with sheet metal wrapped around them. Near the midpoint of the debris field, a portion of the instrument panel had imbedded into a tree about 15 feet above the ground. The wiring bundle hung down the tree trunk to ground level. To the left of the instrument panel was one of the largest pieces of wreckage. This piece contained the left and right horizontal stabilizers, vertical stabilizer, and part of one wing with the landing gear strut attached. The rudder separated, but was a few feet left of this piece.

Next in the debris field was a 6- by 8-foot piece of twisted metal, which contained the throttle quadrant.

About 100 feet right of the debris path centerline and downhill from the throttle quadrant was a 10-foot section of the aft cabin. This section was connected by steel cables and wires to a 4- by 7-foot piece of twisted metal.

The furthest large piece of wreckage was the second engine; the propeller hub with two blades attached had separated.

IDENTIFICATION
  Regis#: 499SW        Make/Model: BE10      Description: 100 KING AIR (U-21F UTE)
  Date: 12/19/2012     Time: 0702

  Event Type: Accident   Highest Injury: Fatal     Mid Air: N    Missing: N
  Damage: Destroyed

LOCATION
  City: LIBBY   State: MT   Country: US

DESCRIPTION
  AIRCRAFT CRASHED UNDER UNKNOWN CIRCUMSTANCES, THE 2 PERSONS ON BOARD WERE 
  FATALLY INJURED, SUBJECT OF AN ALERT NOTICE, WRECKAGE LOCATED 3 MILES FROM 
  LIBBY, MT

INJURY DATA      Total Fatal:   2
                 # Crew:   1     Fat:   1     Ser:   0     Min:   0     Unk:    
                 # Pass:   1     Fat:   1     Ser:   0     Min:   0     Unk:    
                 # Grnd:         Fat:   0     Ser:   0     Min:   0     Unk:    


OTHER DATA
  Activity: Unknown      Phase: Unknown      Operation: OTHER


  FAA FSDO: HELENA, MT  (NM05)                    Entry date: 12/20/2012 



 
Carl J. Douglas



 
Lincoln County Sheriff’s Department
 The Western News







 


Carl Douglas was a risk-taker who never ran from a challenge, built a multi-million company from scratch and loved to fly airplanes. But he lost his life when those traits collided during a snowstorm in the middle of the night at 4,200 feet.

Douglas, 54, was pronounced dead Thursday afternoon after local authorities discovered the wreckage of his turbo-prop airplane high atop Swede Mountain southeast of Libby. John Smith, 43, a passenger in the plane also died in the crash.

The two men were travelling from Coolidge, Ariz., to Libby for a business meeting Wednesday at Stinger Welding, where Douglas was the CEO and Smith was an employee. 

It was a heartbreaking loss for Douglas’ friends and family, who described him as an outgoing, ambitious man who always followed his dreams. 

“He was a big dreamer, and he was a leader,” said Linda Reid, Douglas sister. “But because of those dreams, he always went after them. He never let things stop him, even weather conditions. And everyone in the family knows he was pushing it because he had a meeting on Friday.

“He broke the cardinal rule: There are old pilots and bold pilots, but you never hear about any old, bold pilots.”

Douglas grew up with three sisters and a younger brother in Florence, Ariz. He joined his father in the construction industry when he was in high school and later founded a series of businesses in construction, bridge-building and welding. 

He made a small fortune by building bridges across the network of interstates that pass through Phoenix and other metro areas in the Southwest. And he helped rebuild the Bay Bridge in the San Francisco Bay Area after an explosion caused two levels of the bridge to collapse in 2009. 

His most recent venture was opening a branch office in Libby for Stinger Welding, which is based in Coolidge, Ariz., near his hometown of Florence. The branch office, which opened in 2009, became one of Libby’s larger employers almost overnight. 

The Stinger branch in Libby was heavily subsidized by government grants intended to promote economic development. It ran into financial trouble this year when bills piled up and contracts dried up. 

Douglas’ family said his intentions to help the Libby community by creating jobs and a sustainable business were overshadowed by Stinger’s financial trouble. 

“I know he wasn’t perfect. Nobody is,” said Debbie Holyoak, another one of Douglas’ sisters. “But he was a good man who always had a smile on his face and always tried to help people. I don’t know what possessed him to start the business in Montana, but it was needed and he wanted to help the community.”

Susan Lamb, another one of Douglas’ sisters, said her brother was an entrepreneur who worked hard for what he had. Her parents, she said, had little money while she and her siblings were growing up. 
“He was a hard worker who loved his job,” Lamb said. “He wasn’t a guy who just sat and pushed a pencil or something. He was always on the job, at the site.”

While in high school, Douglas stood out as someone determined to succeed. A natural leader, he was elected president of the class of 1977 at Florence High School. 

During his senior year, he orchestrated a student walk-out in protest of his principal’s decision to punish a volleyball coach for allowing college volleyball players to practice with the high school team, a violation of the athletic conference’s rules.

“Almost every kid in that school walked out that day, and he’s the one who led the protest,” said Holyoak, who graduated in the same class as Douglas. “He had talent. He was a leader.”

Douglas parlayed his leadership skills into a seat on the Florence City Council. He served as a councilman from 1986-1990. 

Tom Rankin, the mayor of Florence, said he has known Douglas’ family for decades. 

“He was a little bit younger than me, but we have worked together,” Rankin said. “He gave to a lot of organizations, and he didn’t go out and look for publicity. He was behind the scenes.”

Mike Hatch, who said he was Douglas’ best friend when they were kids, remembers taking rides in a small plane owned by Douglas’ father. Even then, Douglas enjoyed adventure and, specifically, flying. 

“He was either going full blast or he wasn’t going,” Hatch said. “It was no surprise that he got his pilot license. He loved to fly, and he’s been doing it for more than 20 years.”

Douglas used his plane to travel between his homes in Arizona, Montana and Mexico. He often took friends and family on fishing excursions off the Mexican coast. 

“He always treated my kids so well, all seven of them,” Holyoak said. “He took all of them to Mexico and would go camping with them. They all loved him so much.”

To his family, Douglas was known almost exclusively as “Joe.” His mother gave him the nickname after watching episodes of the TV series “Bonanza,” starring Michael Landon as “Little Joe.”

Reid said her children will always remember drinking slushes that their “Uncle Joe” made them whenever they would visit. She said he “probably wore out several blenders making slushes for the kids.”

“He was very kind and gentle person,” Reid said. “But, like most men, he wore a suit of armor. You wouldn’t know he had a kind tender heart.”

Douglas married late in life, and he treated his nieces and nephews like his own children, his sisters said.  

Douglas left behind a wife, Stephanie Jordan, and an 11-year-old daughter, Paige. 

Funeral services will be held 11 a.m. Dec. 27 at the Church of Jesus Christ of Latter Day Saints in Florence. 

Reid said her brother may have been only 54 years old, but he lived enough life to fill 108 years. 
“You only live once. But if you do it right, that’s enough.” Holyoak said. “He died doing what he loved to do. He loved to fly.”

Source:   http://www.thewesternnews.com


Libby Police Officer Darren Short saw Carl J. Douglas’ Beechcraft King Air drop below the clouds, maneuver a tight circle just above Town Pump and head south toward Libby Airport. 

 The plane’s low-banking curve and then disappearance into the night sky urged Short to drive to Libby Airport to investigate.

“I would guess that would be the case,” Short said, thinking Douglas was looking for familiar bearings. After seeing the plane about 12:10 a.m. Wednesday, Short drove to the airport.

“I got there and the (rotating) beacon was on but not the airport runway lights. “Those are activated by the pilot, so I don’t know if they came on but went out when I got there or what,” Short said.

Douglas, 54, the CEO of Stinger Welding, Inc., and his passenger, fellow Stinger employee John Smith, 43, never made it to the airport. The two men died minutes later Wednesday morning when Douglas crashed his twin-engine, turbo-prop Beechcraft into the darkness of Swede Mountain just three miles northeast of Libby Airport.

Circling Above

Short’s report of a pilot desperately trying to find Libby’s airstrip in the dark during a snowstorm was echoed by Shannon Myslicki, who lives at 232 Pinewood Lane just below Swede Mountain.

“I just let the dogs out, and I hear this loud noise and then I see the lights,” Myslicki said referring to aircraft landing-gear lights. “Usually, it’s trucks out on the road, but this was a plane. It was low. We heard it once and then heard it again later. It sounded like it was closer to Swede Mountain to the left, rather than the airport.”

The time of the crash is estimated to be just after midnight, early Wednesday morning, Lincoln County Sheriff Roby Bowe said.

“At the time of the crash, the (airport) lights were not on,” Bowe said Wednesday evening, briefing the local press.

Bowe said the plane left Coolidge, Ariz., about 8:30 p.m. Tuesday and the craft was expected to land at Libby Airport about 3½ hours later.

Search Begins

According to Libby Airport Board Chairman Ron Denowh, Douglas canceled his flight plan as he approached Libby Airport, something pilots often do when they are in the final throes of a flight.

“It’s just easier for them to do it from the air, as they’re wrapping up,” Denowh said.

However, about 11 hours later — at 11:12 a.m. Wednesday — Steve Patrick, vice president of Montana operations for Stinger Welding, called the Lincoln County Sheriff’s Department to report the plane never arrived.

Reportedly, Stinger officials began a search for Douglas and Smith on Wednesday morning along the roads Douglas would have traveled to his home in the Yaak. When that search proved fruitless, they searched for his plane in a hangar at Libby Airport. In its absence, Stinger officials notified the Sheriff’s Department, which initiated the search.

The wreckage of the plane that carried Douglas and Smith, both from Coolidge, Ariz., was found about 8 p.m. Wednesday in the William’s Gulch area of Swede Mountain, very near the summit of 4,295 feet.

Former Lincoln County Commissioner John Konzen said he was told by officials at the scene that it looked like Douglas was trying to maneuver away from the mountain.

“It looked like he was banking and trying to turn toward the airport and didn’t make it,” Konzen said.

On Thursday, Bowe and other David Thompson Search & Rescue officials returned to the crash site as snow continued to fall in the Libby. Rescue personnel Thursday were accompanied by search dogs.

Retrieving Bodies

A statement from the Sheriff’s Department said officials were successful in retrieving the bodies of the two men. County Coroner Steve Schnackenberg was transporting the bodies to the Montana Crime Lab in Missoula for autopsies.

Bowe described the debris field as extensive and scattered.

“It was pretty close to the top,” Bowe said of the crash site, which could only be reached with the aid of snowmobiles. About 25 people assisted in the search, five of whom were from the Sheriff’s Department and the balance from David Thompson Search & Rescue and Montana Aeronautics, a Helena-based group that assists with locating plane crashes.

On Thursday, The Western News attempted to charter a flight to photograph the crash site, but inclement weather grounded Bill Caldwell, owner of Kootenai Aviation.

Bowe said the debris field was on the southern slope of the mountain, which is 2.9 miles from Libby. He said in the twilight of the day Wednesday he could not determine whether the plane crashed uphill or down.

Based on last-known radar data, officials began their search in an area just off Champion Haul Road. Libby Volunteer Ambulance, David Thompson  Search & Rescue, and concerned Stinger employees gathered about a mile from Libby on the Haul Road as searchers scanned an area northeast of that location. It was there that officials recorded the final electronic beacon at an elevation of 5,900 feet. When those efforts revealed nothing, searchers moved toward the airport and in line with Swede Mountain.

Savvy Pilot


Denowh had come to know Douglas well, and he said Douglas was an accomplished pilot.

“He’d flown into Libby hundreds of times from Arizona,” Denowh said. “In 2011, logbooks indicate he’s flown into Libby 110 times, sometimes two or three times a day.”

“I can tell you this: The rotating beacon works. It was on,” Denowh said, trying to clear any confusion about airport lighting. “(The rotating beacon) comes automatically at dusk and goes off at sunrise.”

The runway lights, Denowh confirmed, are activated by the pilot as he approaches the airport.

Denowh admitted recently one of the lights on the beacon was out, but that it was quickly replaced. He also said the airport is transitioning between managers, and no one was at the airport Tuesday night had Douglas tried to call as he experienced problems locating the airstrip.

It was snowing heavily Tuesday night. Six inches fell during a 24-hour period.

“It’s just very likely (Douglas) couldn’t see the airport for the snow,” Denowh said.

Mike Noble, of rural Libby, drove past the Libby Airport just after midnight — early Wednesday — and said the airport was aflood with lights.

“I thought it odd that someone would be coming in at that hour, but the place was all lit up,” Noble said.

Short, the Libby patrolman who saw Douglas’ plane bank over Town Pump, said it looked as though “Douglas just got lost in the clouds.”

Douglas, who often flew his Beechcraft from Arizona to Libby, was scheduled for a Wednesday morning business meeting at the Libby Stinger offices. A Stinger employee Christmas party was scheduled for today. 

According to incoming Airport Manager Jaime Gagnier, who searched for the crash site Wednesday from the air, said there was little remaining of the plane.

“We went up there, and we were right over the crash site and couldn’t see it because the plane is white with all the snow,” Gagnier said. “Bill and I and his wife, apparently, were right over it and couldn’t find it. It wasn’t until guys came in with the (electronic) locator to pinpoint the beacon that they were able to find the site.”

Gagnier said the only discernable piece of wreckage was the rear of the plane.

“Mostly, just the tail section, which is were the (transmitter) is located. The National Transportation Safety Board officials got right over the signal and found it,” Gagnier said.

Gagnier said aeronautical officials from the air recorded crash-site coordinates to ground search crews who then were able to reach the wreckage. An NTSB investigation of the crash will commence today.

Family Arrives

On Wednesday evening Douglas' wife, Stephanie Jordan, 54, and Douglas’ mother, Helen Douglas, arrived in Libby. Douglas has a daughter, Paige, 11.

The Beechcraft has a long history of air safety.

According to an aeronautical website, the Beechcraft is one of the more reliable planes in use today. The site said a Beechcraft has not been involved in a crash in the U.S. since 1990. “The King Air fleet has posted one of the best safety records of any business airplane,” the website states.

Douglas, who was a Florence, Ariz., city councilman, has been president and CEO of Stinger Welding, Inc., a bridge- and span-building company, since its founding in July 1996.

Steve Patrick, the Stinger vice president of Montana operations, was asked for a statement Thursday, and Patrick declined. He said the company would make a statement after Christmas.


http://www.thewesternnews.com

LIBBY — Two people are believed to have died in a plane crash in northwestern Montana, authorities said Wednesday.  Allen Kenitzer of the Federal Aviation Administration said preliminary reports are that a twin-engine Beech King Air 100 was discovered Wednesday about three miles north of Libby. The plane crashed Tuesday night, he said.

Local authorities reported that the two people on board were killed, Kenitzer said. Lincoln County Sheriff Roby Bowe told The Western News (http://bit.ly/TZNnQq) that rescuers concentrated their search in the Swede Mountain area, where the plane’s GPS beacon was last reported.  The FAA and the NTSB were investigating. Additional information, including the plane’s registered owner and possible identities of those aboard, could not immediately be confirmed.

Heavy snow hampered the search Wednesday. Shannon Myslicki lives below the 4,295 elevation mountain, which rises nearly 1,700 feet above the Libby Airport. The airport is at 2,601 feet elevation.

“Usually, it’s trucks out on the road, but this was a plane,” Myslicki told The Western News of seeing lights in the sky around midnight Tuesday. “It was low. We heard it once and then heard it again later. It sounded like it was closer to Swede Mountain to the left, rather than the airport.”

A Facebook post from The Western News says Douglas' plane was found in William's Gulch, on top of Swede Mountain, with an intact tail section but otherwise very damaged.

 UPDATE: 5:49 p.m. The plane was located in William's Gulch, on top of Swede Mountain. The tail section of the plane, which housed the transmitter, was intact. The rest of the plane was heavily damaged. No confirmation of bodies have been made.

UPDATE: 6:08 p.m. Libby Airport Manager Jaime Gagnier, went up in a small craft with Bill Caldwell of Kootenai Aviation on Wednesday afternoon but could not locate the wreckage because of heavy snowfall. National Transportation Safety Board officials worked with Search and Rescue to find the wreckage. At this time, there are believed to be no survivors.

  Carl Douglas, CEO of Stinger Welding Inc., piloting his private aircraft, is believed to be lost on a mountainside near Libby.

Douglas and one other person were believed to be on board.

   According to David Thompson Search & Rescue officials, the plane's GPS beacon was last monitored at 5,900 feet late Tuesday evening at a location three miles southeast of Champion Haul Road.

  The plane, a twin-engine Beechcraft King Air, capable of 325 knots, was due to arrive at Libby Area Airport later Tuesday evening, but did not arrive.

   Stinger officials, expecting Douglas for a meeting Wednesday morning, initially suspected his car had gone off the road after arriving at the airport.

   However, when they contacted the airport, Douglas' plane was not in the hangar, and that initiated the search.

   Reportedly, law officials heard a plane circling above the Libby clay banks, but no plane landed at the airport during the night.

   Shannon Myslicki, of 232 Pinewood Lane which is located below Swede Mountain, said she turned her television off at midnight Tuesday and heard the plane right over her house.

   “I just let the dogs out, and I hear this loud noise and then I see the lights,” Myslicki said referring to aircraft lights. “Usually, it’s trucks out on the road, but this was a plane. It was low. We heard it once and then heard it again later. It sounded like it was closer to Swede Mountain to the left, rather than the airport.”

   Rescue workers, who began their search where the GPS beacon last reported, moved their search later Wednesday, according to Lincoln County Sheriff Roby Bowe.

   "We have been up in the Swede Mountain area. We fanned out, but we are going to regroup. We are still looking and chasing down that beacon,” Bowe said.

   Stinger is a bridge and span builder that has a manufacturing branch in Libby.

   Douglas has been President and CEO of Stinger since its founding in July 1996.

   Stinger Welding was given $17 million from an economic development group to help expand to Libby in July 2011. It had been hit with a federal tax lien recently.

Edit: 4:52 p.m., a message was left with Stinger's corporate headquarters in Coolidge, Ariz. It had not been returned.


 The Western News will continue to update our readers on the story.

LIBBY - Wednesday night, the Lincoln County Sheriff's Department announced finding a downed aircraft and the body of Carl Douglas, owner and CEO of Stinger Welding, one of the area's largest employers. The wreck also claimed the life of an employee, John Smith.

The news has shocked the Libby community.

According to a press release issued by Lincoln County Sheriff Roby Bowe, Douglas was piloting his small private plane, along with passenger John Smith, a company driver. It went missing around midnight on Tuesday, after failing to arrive as scheduled.

Late Wednesday night, Searchers finally located a large debris field about three miles northeast of the Libby Airport.

Libby Airport boardmember Ron Denowh says Douglas was an excellent pilot and good friend.

"It's bad for me, it's worse for his family and it's really bad for Libby, because he was our only- the one and only industry we had here."

Stinger Welding has declined several requests to comment publicly about the accident.

LIBBY, MT - The CEO of an Arizona-based bridge manufacturing company and one of his employees were killed in a plane crash as they flew to northwestern Montana for a company Christmas party. 

Stinger Welding Inc. CEO Carl Douglas, of Coolidge, Ariz., and John Smith, also of Coolidge, died in the crash late Tuesday or early Wednesday near Libby, Sheriff Roby Bowe said in a statement.

The men left Coolidge at 8:30 p.m. Tuesday with Douglas piloting the twin-engine Beechcraft, Bowe said. They were to arrive just after midnight in Libby, where Stinger has a bridge- and span-building operation. The men were traveling to Libby for a company Christmas party on Friday, Stinger employees told The Western News.

Colleagues reported the men missing shortly after 11 a.m. Wednesday. A Montana Aeronautics airplane was able to locate the plane's emergency locator transmitter signal near Swede Mountain, about three miles northeast of the Libby airport. Search and rescue crews reached the site at about 8 p.m. Wednesday, Bowe said.

The sheriff's office and county coroner were recovering the men's remains, Bowe said.

Shannon Myslicki, who lives below Swede Mountain, said she saw lights in the sky around midnight Tuesday.

"It was low," she told The Western News. "We heard it once and then heard it again later. It sounded like it was closer to Swede Mountain to the left, rather than the airport."

The National Transportation Safety Board is investigating the crash.

County commissioners have no authority over airport salaries: Martha's Vineyard Airport (KMVY), Vineyard Haven, Massachusetts

 Last month, the Dukes County commissioners requested a legal opinion on whether the county commission, or its appointed Martha's Vineyard airport commission, has the authority to establish salaries for airport employees.

The county commissioners have short memories.

Almost eight years ago, the county lost a lengthy legal battle that cost taxpayers more than $500,000, to answer a similar question regarding its authority to set and change airport salaries.

Last week, county lawyer Darren R. Klein of the Boston law firm of Kopelman and Paige essentially reaffirmed a July 2005 decision by Superior Court Judge Robert H. Bohn Jr.

"In my opinion, the Airport Commission has the authority to establish the salaries for its employees," Mr. Klein said in a letter dated December 11.

Martina Thornton, recently appointed county manager, told The Times the issue arose when county department heads questioned why cost of living adjustments (COLA) for county employees differed from those of airport employees.

Ms. Thornton serves as the administrative manager for the seven county commissioners. In terms of day-to-day supervision and responsibilities, the county manager oversees three people in three departments — her office, veterans affairs, and integrated pest management. The sheriff's office is now under state control. The registry of deeds and the office of the county treasurer are county departments headed by elected county officials. Each has direct control over their employees. Health Care Access, a county department, operates without day-to-day county supervision.

In a memorandum to the county commission dated November 14, Ms. Thornton said, "At a department heads' meeting on November 11, 2012, the department heads raised a question why the airport non-union employees received a 3.1 percent COLA for FY2013, starting July 1, 2012, and the rest of the county employees received only 1.28 percent COLA."

Ms. Thornton said "it was suggested" that based on state law all employees should be receiving the same benefits. She said the different COLA created two different pay scales and sets of benefits — one for county employees and one for airport non-union employees.

Ms. Thornton, a former paralegal, said, "This situation points to an unfair labor practice, and the county employees would like to know why this is allowed.

"As the airport employees are in virtue county employees, the airport non-union employees should be receiving the same COLA as the rest of the county employees, as they receive the same benefits as well."

Ms. Thornton said the department heads "asked to get a legal opinion from a labor lawyer if the airport non-union employees can receive a different COLA than the rest of the county employees and if the airport can have a different pay scale."

County commissioners agreed to seek a legal opinion.

As it sees fit

In his opinion, Mr. Klein said that Massachusetts General Law gives the airport commission the authority to fix the salaries of all officers and employees appointed or employed by it and, in his opinion, as long as the airport commission has sufficient funds, it has the authority "to fix salaries as it sees fit."

Mr. Klein wrote, "In my opinion, this is true even if the salaries and/or increases are different than what other county employees receive or if the salaries are on a different pay scale than other Dukes County employees."

Mr. Klein said that including airport employees on a county pay scale would arguably violate the provisions of state law.

"Moreover, it is not an unfair labor practice, in my opinion, to give out different raises to different employees, especially when those employees fall under the authority of the Airport Commission rather than the County Commissioners," he said.

 Why a new legal opinion was needed in light of earlier rulings is not clear. Not that long ago, county officials spent a considerable sum to answer the question of county authority over airport affairs.

Legal lessons

The earlier case centered on a dispute between the county commission and its appointed airport commission over which agency had authority to negotiate compensation with airport employees.
 
The airport commissioners insisted that the airport commission set the airport manager's salaries. Then county manager Carol Borer, with the support of the county commissioners, insisted that the men were county employees subject to the county pay scale, and she refused to pay the employees the full salaries agreed to in a contract signed by the airport commission.

In a decision entered on July 18, 2005, Judge Robert H. Bohn ruled that the appointed Martha's Vineyard Airport Commission had the authority to set the salaries of their professional airport manager, Bill Weibrecht, and assistant manager Sean Flynn, who is now manager.

In his 30-page ruling, Judge Bohn wrote that the long-running legal issue could be reduced to a single question: "Who has the power, the airport commissioners or the county commissioners, to hire and set the salaries of the airport manager and the assistant airport manager?"

Judge Bohn reviewed the history and law surrounding the issue, including the creation of the airport, the enactment of a state statute in 1946, vesting the "custody, control and management" of local airports in an airport commission and the adoption of a county charter by county voters in 1992.

The judge also reviewed the county's poor and uneven stewardship of its chief asset. The dispute, the judge found, arose when the county took the position that the county charter superseded the powers conferred on the airport commission. As a result, concerned state aviation authorities presented the county and airport commissioners with a set of grant assurances, or contract agreements, and obliged the county commissioners to sign them. The assurances defined the conditions for the airport and business park to receive millions of dollars in state and federal funds.

The airport and county commissioners signed the required assurances, in which they agreed not to interfere with the "powers, authority and responsibilities" of the airport commission, as provided for by state law.

Judge Bohn wrote, "The county officials entered into these assurances with free knowledge of what they were forfeiting with respect to management of airport activities."

With respect to the right of the airport commission to set salaries, Judge Bohn wrote, "There is no evidence that the legislature intended to make any exception to the Airport Act for Dukes County; to the contrary, at the same time it added the provision concerning airport managers, it also expressly stated that the act was to apply to county-owned airports."

In May 2006, a state Superior Court judge set aside a portion of the July 14, 2005 decision. The May 22 order by Justice Richard T. Moses saved the county about $344,942, two-thirds of a triple damages judgment by Judge Bohn.

Reducing earlier calculations of the cost to the county of the battle with the airport commission and its two employees by the amount of the reduction in damages, the total, including legal fees for the airport and county, reached approximately $525,000.

The current seven county commissioners are: Melinda Loberg of Tisbury, Tom Hallahan of Oak Bluffs, Lenny Jason of Chilmark, Beth Toomey of West Tisbury, Carlene Gatting of Edgartown, Tristan Israel of Tisbury, and John Alley of West Tisbury.

Story and reaction/comments:    http://www.mvtimes.com

http://www.mvyairport.com

http://www.airnav.com/airport/KMVY

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