### FW: Friends ofthe East HamptonAirport eta!v. Town ofEast Hampton- FAA Docket 1... Page I ofI 

## FW: Friends ofthe East Hampton Airport et al v. Town of East Hampton - FAA Docket 16-15-02 - Affidavits of Ewalt and Catarelli 

# v'" Shelley Ewalt [sewalt@mklawnyc.com] Sent: Monday, June 08, 2015 10:33 PM To: 9-AWA-AGC·Part-16 (FAA) Attachments: E Catarelli Affidavit

**2015~1.pdf** (3MB) ; S Ewalt Affidavit 2015-06-05.pdf (320 KB) 

### Please excuse the error the previous attachments attached below were the wrong version. Please accept for the attached Ewalt Affidavit 

## I Exhibit 1 

### and Catarelli Affidavit/ Exhibit 

### 1. Best regards, Shelley Ewalt ShelleyA. Ewalt Of McBreen 

### & Kopko 

### Direct: 

### (703) 399-6078 Email: sewalt@mklawnyc.com 

### From: Shelley Ewalt 

### Sent: Monday, June 

### 08, 2015 5:41 PM 

### To: 9-AWA-AGC-Part-16@faa.gov 

### Subject: Friends ofthe East Hampton Airport et al v. Town of East Hampton - FAA Docket 16-15-02 - Affidavits of Ewalt and Catarelli Please accept for filing in the above-captioned matter, the Friends ofthe East Hampton Airport's, Affidavits of Ewalt and Catarelli. These affidavits were inadvertently left off ofthe filing sent earlier todayto the docket. We would appreciate your adding these two affidavits to today's filing in the proceeding. Best regards, Shelley Ewalt 

### ShelleyA. Ewalt Of Counsel, McBreen 

### & Kopko 

### Direct: (703) 399-6078 Email: sewalt@mklawnyc.com



### https://email.dot.gov/owa!?ae=Item&t=IPM.Note&id=OUM.RgAAAAB2zEDBJe3iQoDU.
.. 6/1112015

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

**_l';ED~RAL** 

### AVIATION ADM!]'I!STRATION

Inrc the Complaint of FRIENDS OFTHE EASTHAMPTON AIRPORT,INC., ANALAR CORPORATION, ASSOCIATED AIRCRAFT GROUP, INC., HELICOPTER ASSOCIATION INTERNAT!ONAL, INC., HELIFLITE SHARES LLC, LIBERTY HELICOPTERS, INC., and SHORELINE AVIAT!ON, INC. Complainants,-againstEAST HAMPTON AIRPORT, a division ofthe TOWN OF EAST HAMPTON Respondent. Pursuant to Part 

### 16 ofthe Federal Aviation Regulations
STATEOFNEWYORK ) ) ss.: COUNTY OF SUFFOLK ) DocketNo.: 16-15-02

AFFIDAVIT

Evan P. Catarelli,beingduly sworn, upon the penalties ofpeijury, deposes and says: 

### 1. l have 

### been employedby 

### Sound Aircraft Services, 

### Inc. {"Sound") since 2009and am an Operations Specialist. Sound is one oftwo FixedBase Operators at East HamptonAirport. 

### I make this Affidavit based on 

### personal knowledge to 

### assist the FAA's investigation in the captioned matterpursuant to Part 16 ofthe Federal Aviation Administration Regulations.

### 2. OnMay 5, 2015, I took photographs that show the condition ofthe pavement of

### the main 

### terminal ramp at 

### the East Hampton 

### Airport Attached as 

### Exhibit I


### are 

### true andcorrect copies 

### ofthe photos. 3. As the photographs illustrate, the condition ofthe ramp is 

### poor, and it continues to deteriorate. 4. 

### The ramp 

### is crisscrossed with numerous cracks, some 

### large enough to catch 

### andpossiblydamage aircraft tires, allow foreign object debris ("FOD") to settle until stirred up bypropeller orjet current, or simply create trip hazards. 5. Grass andweedshave grown in some holes which are as large as six inches wide and four inches 

### deep. 6. These conditions are hazardous and create concern by 

### and for the safety of aircraft ofall sizes 

### and theirpassengers and pilots.

Sworn to 

### before me this 

# 1L day ofMay, 2015

Mycommission Expires: 

# Ju\{ J0' d::J16

2 

### ANGELICA RIOS CRUZ Notary Public State of NewYork No. 01Rl6225682 Qualified in Suffolk County Commission Expires July 26, 

### ::V/8

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### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AV!ATION ADMINISTRAT!ON In re the Complaint of FRIENDS OF THE EAST HAMPTONAIRPORT, INC., ANALAR CORPORATION, ASSOCIATED AIRCRAFT GROUP, INC., HEUCOPTERASSOCIATION INTERNATIONAL, INC., HEL!FLITE SHARES LLC, LIBERTY HELICOPTERS, INC., and SHORELINE AVIATION, INC. Complainants,-againstEASTHAMPTON AIRPORT, a division ofthe TOWN OF EASTHAMPTON Respondent. PursuanttoPart 16 ofthe Federal Avi!l.tion Regulations STATE OF NEW JERSEY ) ) ss.: COUNTY OF MERCER ) DocketNo.: 16-15-02

AFFIDAVIT

Shelley A. Ewalt, being duly swom,upon thepenalties ofperjury, deposes and says: 1. I am an attomey employedby McBreen & 

### Kopko, counsel to the Complainants in this captionedproceeding. I am admitted to practice lawin New Jersey, Pennsylvania, andthe DistrictofColumbia. 2. I submitthis affidavit in support ofComplainants' Reply inthis proceeding. 3. On September 4, 2014, I participated in a meeting held in East Hampton withthe Respondent's representatives and counsel attending. Atthat meeting, the Respondent statedthat it had applied for Entitlementfunds from the FAA.

### 4. Attached as Exhibit 1is a 

### true and correct copy ofthe email 

### response on September 17, 2014 from Steve Urlass, Manager ofthe New York Airports DistrictOffice ofthe FAAregarding the status ofRespondent's application for Entitlement funding, and the status offheRespondent's 2007 

### draft Airport Master Plan.

**Sw~**

### to before me this 5dayof.June,2015

JILL

**liS&~~~~** CommJSSIOn # 2357718 Nota>y Pub!1c, State of New Jersey My Comn•iss1on Exp1res March 22, 2017



### 2

# S. EWALTAFFIDAVIT EXHIBIT 1

### Shelley Ewalt From: Sent: To: 

### Cc: Subject: Follow Up Flag: Flag Status:
Hi Shelley, steve.urlass@faa.gov Wednesday, September 17, 2014 9:08AM Shelley Ewalt Leonard Kirsch; debbie.roth@faa.gov; Ignacio.Fiores@faa.gov; Teresa.Rizzuto@faa.gov; mary.m.mccarthy@faa.gov RE: Questions regarding East Hampton Airport Follow up Flagged

Thank foryour email on the East Hampton Airport. I have tried to address each one ofyour questions. hope this helps. If I can provide additional information, please let me know. 1. The Town says have filed an application for of FAA Entitlement funding. Can you verify whether or notthat is true? They also said cannot expedite the many overdue Airport repairs because $150,000 is such asmail amount to the repairs required. My understanding is that this is not howthe Entitlement funding program works. My understanding is that Entitlement funding is not limited to a single year amount of but is available for upto three years and can be aggregated into one lump sum. Additionally, ifthe Town is willing to apply for Entitlementfunding, then there is no reason for it notto aiso appiy for Discretionary funding, since the grant assurances apply equally in eithertype of We do not have an application from theTown of East Hampton for projects using entitlement or discretionaryAirport Improvement Program (AlP) funds. You are correct that entitlements funds are not limited to asingle year amount of$150,000. The airport can accrue non-primary entitlementfunds for a period offour years before thefunds begin to expire. The grant assurances apply equally to entitlement and discretionaryfunds. 2. We understand that the Town received conditional FAA oftheir Airport layout Plan in 2011. Has the required environmental analysis been completed in orderto make this a completed and final ALP? Is the 2011 ALP currently the ALP? ALP approvals are done with certain "conditions" that must be met before construction ofthat item can be done. The most notable condition is that no item of development shown on theALP can be done until the appropriate environmental review and issuance ofthe formal written environmental finding is completed. The items ofdevelopment shown on the ALP represent the general location ofthese future facilities. An airport sponsor is required to submit for approval the final locations, heights, and exterior finishes ofstructures. This is known as the airspace review. Finally, approval ofthe ALP does not constitute a commitment on behalf ofthe FAA to participate in any recommended development. Necessaryjustification ofthose items ofdevelopment is required and subject to the availability ofAlP funds. We review these conditions on a case by case basis. 3. We are concerned thatthe Town will unreasonable and discriminatory access restrictions on the ofaircraft or users using the Airport. There is a 2005 SettlementAgreement underwhich the FAA says itwill not enforce Grant Assurances 22(a) and (g) and 29 after December 2014. Would the

1FAA issue a planning or development grantto the Town given the existence ofa "conditional" ALP and that the 2005 Settlement Agreement says thatfuture grants would on an approved ALP? We can issue a planning grantwith the existence ofthe conditionally approved ALP. In order to proceed with a development grant, the airportwould first need to meetthe requirements to remove the conditional approval. That would begin with the environmental review process followed by the airspace review. Funding ofdevelopment projects would be considered along with all other requests forfunding. 4. A Draft Master Plan was completed in 2007. Has the FAA ever accepted that, so that it has become the governing Master Plan? Master planning is voluntary and East Hampton elected notto pursue FAA acceptance of its 

### 2007 Draft Master Plan, which was thus not accepted by us. The ALP on file in this office is dated September 6, 

### 2011. Steve Steven Urlass Manager, NYADO 

### 718-995-5771 

### From: Shelley Ewalt [mallto:sewalt@mklawnyc.com] 

### Sent: Thursday, September 

### 11, 2014 3:54PM To: Urlass, Steve (FAA) Cc: diane.talmento@faa.gov; Leonard Kirsch 

### Subject: Questions regarding East Hampton Airport Dear 

### Steve, I am writing to you with regards to the East Hampton Airport (HTO). Myfirm represents the Friends of East Hampton Inc. (FOEHA) which is made up of both fixed-wing and rotorcraft (both Part 

### 91 and 135), aircraft owners, and other aeronautical users and service providers. As you likely have we are concerned w·1th thefuture ofthe Airport due to tho many statements oftheTown user restrictions. We are also very concerned about condition ofthe Airport. We have rerentlv been engaged in discussions with theTown In an attemptto resolve our concerns. In ameeting with the Town iast week, the Town made several statements to us thatgenerated some questions for us, and we feci that your office would be in the best position to answer these.
on this email is Len Kirsch who is the partner-In-charge in this matter. 

### 1. The Town says have filed an application for 

### $150,000 of FAA Entitlementfunding. Can you whether or notthat is true? They also said they cannot expedite the many overdue repairs because 

### $150,000 is such asmall amount compared to the required. My understanding is that this is not howthe Entitlement funding program works. My understanding is that Entitlementfunding is not limited to asingle year amount of

### $150,000, but is available for up to three years and can be aer!fegaited into one lump sum. Additionally, ifthe Town is willingto apply for Entitlementfunding, then there is no reason for it notto also apply for Discretionary funding, since the grant assurances apply equally in either type offunding. 2. We understand thatthe Town received conditional FAA acceptance oftheir Airport Layout Plan in 2011. Has the required environmental analysis been completed in orderto make this acompleted and final ALP? Is the 2011 AlP currentlythe "governing" ALP? 23. We are concerned thatthe Town wHI impose unreasonable and dlscriminatory access restrictions on the type ofaircraft or users using theAirport. There is a 

### 2005 SettlementAgreement under which the FAA says it will not enforce Grant Assurances 22(a) and and 29 after December 31, 2014. Would the FAA issue a planning or developmentgrantto theTown the existence of a "conditional" ALP and thatthe 

### 2005 Settlement Agreement says that future grants would rely on an approved ALP? 

### 4. A Draft Master Plan was completed in 2007. Has the FAA ever accepted that, so that it has become the Master Plan? I realize that some ofthese questions are not quick or easyto answer, but Iwould appreciateyour answers where possible, or 

### ifwe could d'1scuss on the phone at your convenience. Lenny and I will be at the NATA conference in Savannah next Monday and Tuesday, but we would be happy to carve out some time ifyou are available for a phone call. My cell phone is (703) 399-6078. Thankyou in advance for 

### your assistance. Best regards, Shelley Ewalt 

### ShelleyA. Ewalt, 

### OfCounsel McBreen & 

### Kopko sewalt@mklawnyc.com Direct: 703.399.6078

3