UNITED STATES DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

Friends of the East Hampt on Airport, Inc. et al

Complainant,

v.

East Hampton Airport, a division of the Town of East Hampton, NY

Respondent. FAA Docket No. 16-15-02_

________________________________________

DECLARATION OF JEMILLE R. CHARLTO N IN SUPPORT OF THE ANSWER OF THE TOWN OF EAST HAMPTON, NEW YO RK TO THE COMPLAINT BY FRIENDS

OF THE EAST HAMPTON AIRPORT ET AL.

________________________________________

I, Jemille R. Charlton, being competent to make this statement and having personal knowledge of the matters set forth herein, do swear and affirm the following:

1. My name is Jemille R. Charlton. I am curre ntly the Airport Director at East Hampton Airport (“Airport”), a position I have held since September 2014. Prior to becoming Airport Director, I was employed at the Ai rport as a Seasonal/Part Time Airport

Attendant.

2. I attended New York Military Academy, the Community College of the Air Force, and Suffolk County Community College. I will graduate in 2015 from the Dowling College School of Aviation with a degree in Aviation Ma nagement. I have served for the last 15 years in the New York Air National Guard’s 106 th Rescue Wing, where I am currently an Aerospace Maintenance Craftsma n - C130N/P Crew chief.

3. I also have previously worked at East Hampton Airport, both as a representative for East Hampton Airlines and as a lines man for Sound Aircraft Services.DECLARATION OF JEMILLE CHARLTON, AIRPORT DIRECTOR, EAST HAMPTON AIRPORT

2 4. I am currently in training to become a pilot.

Airport and Airport Operations

5. East Hampton Airport is a general aviation, public-use airport owne d and operated by the Town of East Hampton (“Town”). The Airpor t serves general avia tion aircraft and has

no scheduled service from commercial airlin es. However, there are helicopter flight services that provide non-sche duled, on-demand flight service at the Airport. There are approximately 161 based aircraft at the Airpor t. A copy of the Airport’s existing and proposed layout plans from the ALP is attached as Exhibit 1 (ALP Excerpts).

6. The Airport averages approxima tely 23,000 operations per year. Exhibit 2 (2010-2014 operations data). There is a significant peak in the summer season, which occurs roughly from May through September. This season historically accounts for roughly 70% of the Airport’s annual operations. See Exhibit 3 (2013 Final Environmental Assessment for a Seasonal Air Traffic Control Tower) at pp 1- 1 – 1-5. On a peak day in the summer season, the Airport has experienced up to 364 operations per day. During the off-season, local operations make up a much larger co mponent of overall operations and the Airport experiences approximately 15 operations per day.

Airport Management and Improvement Projects

7. One of my principal objectives as Airport Director is to implement a number of capital and major maintenance projects in order to maintain a safe and efficient airfield and lead the Airport to a sustainable future. The Town is taking active measures to address Airport capital needs in order to improve safety and operation s at the Airport.

8. Some critical groundwork had al ready been put into place before I was appointed.

a. In 2007, the Town completed a Master Plan Update that included consideration of a range of capital improvements and accompanying revenue enhancements.

Exhibit 4 (2007 Master Plan Update Excerp ts). The Town completed its

environmental review of the Master Pla n, as required under New York Law, in

2010. Exhibit 5 (2010 Master Plan Final Ge neric Environmental Impact Statement (“2010 Master Plan”) Excerpts).

b. In 2011, the Town secured the necessary federal approvals for the projected improvements ( Exhibit 6

, FAA Conditional Approval for the Airport Layout Plan Update) and began to implement a comprehe nsive airport management plan. As a first step, the Town’s consultants identif ied six categories of measures (ranging from new rules and regulations to capital improvements) and 44 possible management measures for consideration. See Exhibit 7 (December 1, 2011, consultant presentation).DECLARATION OF JEMILLE CHARLTON, AIRPORT DIRECTOR, EAST HAMPTON AIRPORT

3 c. By 2012, the Town had already accomplished several items on that list, including, for example, the new seasonal air traffi c control tower, preparing an Airport Security Plan Update, settling environmen tal claims over the Fuel Farm, and the purchase of improved data collection technology ( e.g ., PlaneNoise and AirScene).

d. On December 3, 2013, the Town approved the 2014-2018 Airport Capital Improvement Plan (“ACIP”), which identifies capital projects that are reflected in the current Airport Layout Plan and ha ve completed environmental review pursuant to the New York State Environm ental Quality Review Act (“SEQRA”). The total projected cost of the projec ts included in the approved ACIP is approximately $5.26 million. In addition to the ACIP, the Town also identified an additional $5.19 million in capital projects for the Airport. Those projects had been initially included in the draft ACIP , but were ultimately withdrawn because they were not yet contained in the Airpor t Master Plan and had not yet undergone environmental review under SEQRA. Thos e projects were listed on an expanded Airport Maintenance Plan (“AMP”) that totaled almost $5.2 million. Exhibit 8 (ACIP and AMP).

9. In 2014 alone, the Town issued bonds totaling almost $1,000,000 for airport improvement projects. Exhibit 9 (Bond Resolutions).

10. In September 2014, the Town hired an engineer ing firm, Michael Bake r International, to assist with the prioritization and implementation of the various projects and improvements at the Airport. Among the t op priorities we have identified are:

• Design and installation of the AWOS;

• Design and construction of the peri meter (deer deterrent) fence;

• Comprehensive pavement evaluation study and associated pavement rehabilitation;

• Environmental clearance for various improvements (including obstruction removals);

• Obstruction removal; and

• Design and construction of a new, above-ground fuel farm.

On April 21, 2015, the Town issued a bond for a half million dollars to conduct planning and engineering work. See Exhibit 9 (Bond Resolutions).

11. With regard to the particular issues identifi ed in the Friends of the East Hampton Airport Part 16 Complaint, the Town has taken the following steps:

a. Runway 10-28. Runway 10-28 is in good condition. However, preventive maintenance is critical to keep this R unway safe. Funding for repair work to extend the useful life of this Runway is included in the AMP. The results of the comprehensive pavement evaluation pla nned for this year will inform ourDECLARATION OF JEMILLE CHARLTON, AIRPORT DIRECTOR, EAST HAMPTON AIRPORT

4 decision on when to schedule appropriate preventative maintenance for this Runway.

b. Runway 16-34. The ALP, as well as the 2010 Master Plan and ACIP, call for the eventual conversion of Runway 16-34 to a permanent taxiway. See Exhibit 1 (ALP ); see also Exhibit 5 (2010 Master Plan) at pp. 1-3. In the interim, Runway 16-34 currently remains operational as a cross-wind runway. The Town patched existing cracks in the Runway over a year ago, and the Runway is currently safe.

See Exhibit 10 (Runway 16-34 rehabilitation docu ments). There is currently no vegetation or standing water on Runway 16- 34. The results of the comprehensive pavement evaluation planned for this y ear will allow the Airport to schedule appropriate preventative main tenance for this Runway.

c. Runway 4-22 Rehabilitation. Runway 4- 22 is a secondary cross-wind runway.

See Exhibit 5 (2010 Master Plan) at pp. 1-3. It has been closed since 2006 due to disrepair. Id.; see also Exhibit 1 (ALP). The Town’s planning documents call for rehabilitating Runway 4-22 in two phase s. The first phase calls for temporary repair work to the closed runway for use as a taxiway. The second phase would complete the rehabilitati on and would reactivate Runw ay 4-22 as the cross-wind Runway. See Exhibit 8 (Airport Maintenance Plan, calling for “emergency repair for temporary use of a taxiway before converting to a runway”); Exhibit 5 (2010 Master Plan) at pp. 1-3 (cal ling for reactivation of the runway in the longterm). This plan was approved by FAA in 2011. ( Exhibit 6

, FAA Conditional Approval for the Airport Layout Plan Update); Exhibit 1 (ALP) (showing Runway 4-22 as closed on existing Layout Plan). As pl anned, the Town repaved and repainted a portion of Runway 4-22 for the temporary taxiing operations in 2014. See

Exhibit 11 (Runway 4-22 repaving documents). This portion of Runway 4-22 has been paved to full runway specificati ons so that this new pavement can be incorporated into the fully-rebuilt runw ay. Repaving the taxiway portion of the pavement is entirely consistent with the future plans to reactivate the Runway in the future, and the Town has no intenti on to permanently convert Runway 4-22 into a taxiway. Full reactivation would simply require repaving the remaining portion of the Runway and revising the markings accordingly.

d. Ramp Maintenance. The Town is taki ng appropriate steps to ensure proper maintenance of the ramps at the Airpor t, and I am not aware of any safety incidents related to pavement mainte nance. First, funding for pavement rehabilitation is planned for, and in cluded in, the current ACIP and AMP. See

Exhibit 8 (ACIP and AMP). Funding for rehabilitation of the Terminal Ramp is one of the high priority items that I have been discussing with the Town’s engineers. Second, Airport st aff conducts daily visual in spections of all pavement areas to remove Foreign Object Debris (“ FOD”) and to identify areas of pavement that may require immediate repair. These daily inspections have been occurring since I joined the Airport staff in 2013. After becoming Airport Manager, I have required daily written logs of those inspections, and we maintain those logs in the Airport offices. See Exhibit 12 (daily logs). Third, I have been working withDECLARATION OF JEMILLE CHARLTON, AIRPORT DIRECTOR, EAST HAMPTON AIRPORT

5 Aviation Resources, Inc., the tenant opera ting out of the Executive Terminal at the Airport, (located at the southeast e nd of Runway 16-34) to ensure that it complies with its contractual obligations to maintain the paved areas at the Executive Terminal, including the ramp space. See Exhibit 13 (Aviation Resources Inc. Lease). To date, Aviati on Resources, Inc. has completed repaving the parking area and part of the ramp. I anticipate that complete rehabilitation of the Executive Terminal ramp will be complete by May 15, 2015. Finally, I am also working with the Town’s Engineer to prepare a comprehensive pavement evaluation study in 2015.

e. Pavement Maintenance Management Progra m. The Airport has records of its

pavement. E.g

., Exhibit 1 (ALP); Exhibit 4 (2007 Airport Master Plan); Exhibit

5 (2010 Airport Master Plan). As discu ssed above, the Airpor t currently conducts daily inspections and has ke pt records since November 2014. I have reviewed the

files and have determined that ther e is no formal Pavement Maintenance Management Program at the Airport. I have made development of a Pavement Maintenance Management Program a priority item and plan to have a Program in place very soon.

f. Taxiway “A” Lighting. The Airport Maintena nce Plan called for the repair of the then-inoperative lighting along Taxiway A. Exhibit 8 (AMP). In 2014, the Town completed necessary environmental revi ews, issued the necessary bonds, and hired Baseline Airport Lighting to install a state-of-the-art LED lighting system.

See Exhibit 14 (Taxiway “A” lighting documents). The work was completed and the new lighting system was operational in December 2014. The lighting system is inspected daily. It has worked as expected and w ithout any problems, and the Airport has not received any complaints about the lighting system since it has

been installed.

g. AWOS Replacement. The 2010 Master Plan and ACIP call for the replacement of the existing Airport Weather Operat ing System (AWOS) with a new, FAAcertified system. See Exhibit 5 (2010 Master Plan) at 3; Exhibit 8 (ACIP). The Town completed necessary environmental reviews and issued bonds for the work

in 2014. See Exhibit 15 (New AWOS documents). Th e Town is about to issue bid specifications and publish a Request for Proposals to construct the new

AWOS. Construction should be complete by early summer.

h. Obstructions. In May 2013, FAA notified th e Town that it had identified several obstructions (trees, vehicles, and a hill) th at penetrate the 20:1 visual surface for Runway 10-28. FAA requested that the To wn examine the entire 20:1 visual surface for obstructions and identify a plan for dealing with each obstruction (through lighting, removal, etc.). See Exhibit 16 (May 2013 FAA letter). The Town immediately informed FAA that th e penetrations cannot be immediately removed due to the detailed process requi red to comply with applicable local regulations. See Exhibit 16 (July 5, 2013 Letter to FAA). The Town conducted the required review and de termined that there may be numerous additionalDECLARATION OF JEMILLE CHARLTON, AIRPORT DIRECTOR, EAST HAMPTON AIRPORT

6 obstructions beyond those specifically id entified by FAA because the entire canopy of trees would likely exceed the 20:1 visual surface. Specifically, several

acres of the woodlands within the approach glide path of Runway 10 and 28 could

be obstructions. These woodlands are situated in the Special Groundwater Protections Area, Suffolk County Depart ment of Health Services Groundwater Management Zone V, and the Town’s Water Recharge Overlay District, all of which are areas critical to protecting the Town’s sole source aquifer. See Exhibit

16 (July 24, 2014 Memorandum to Town Bo ard). As a tem porary solution, the Town proposed a visual glide slope i ndicator (“VGSI”) mitigation plan that included adjusting the angle of the Preci sion Approach Path Indicator (PAPI), which was confirmed by FAA via a Flight Check. The request is still pending before FAA. The Town is also moving fo rward to address the actual obstructions. In November 2014, the Town approved expenses for aerial photography and photogram metric mapping and related an alysis to identify obstructions that penetrate the 20:1 visu al slope. This information will be used to identify the scope of mitigation required. See Exhibit 16 (Resolution 2014-1295). The Town’s engineer has just completed a fu ll TERPS analysis. The analysis reveals that a majority of the trees that are obstructions are not on land owned by the Town. Once a plan for obstruction remova l is finalized, the Town will need to

secure environmental reviews and issue bonds for the work. This is a high priority issue for the Town.

i. Nighttime Instrument Approaches. FAA has removed NOTAMs, indicating that instrument approaches to Runway 10-28 ar e currently not ava ilable at night and have published them as “Not Available” at night on all approach plates. As indicated above, the Town has proposed a VGSI mitigation plan for several of the nighttime instrument approaches and is awaiting FAA’s response. The Town is committed to restoring the nighttime approaches and, as noted above, is moving forward to identify obstructions and either light or eliminate the various

obstructions.

j. Perimeter Fence. Repairing the Airport Perimeter fence for security and wildlife control is also a high priority issue and is included on th e AMP. There is also an active hunting program that assists with ma nagement of the local deer population. Collectively, the hunting program and the new fence will eliminate the potential for deer strikes on the Airpor t. The Town has directed its engineer to prioritize this project and anticipates re ceiving a scope of services in the very near future.

k. Airport Gates. The Airpor t has seven electrical or manual gates surrounding the perimeter of the Airport property. Ther e is one chain link fence at the Executive Terminal. Tenants obtain access by entering a combination on a keypad or by using key-fobs to unlock the gates. Sin ce I have become Airport Director, I have instructed all tenants to be diligent in keeping gates closed when not in use. To my knowledge, gates are not left open for months.DECLARATION OF JEMILLE CHARLTON, AIRPORT DIRECTOR, EAST HAMPTON AIRPORT

7 l. Fuel Farm. The existing Fuel Farm is antiquated and in need of repair including proper detection systems, necessary sec ondary containment in case of spills, and an up-to-date pump and filter system. The Airport also needs additional storage capacity and an upgrade in automation. Th e 2010 Master Plan includes plans for construction of a second fuel farm near Taxiway G, to provide additional fuel

storage. Exhibit 5 (2010 Master Plan) at 95; see also Exhibit 1 (ALP) at Proposed Layout Plan. We have already started with a review of the metering process to make certain this system is well-maintained. The Town Engineer is currently reviewing this as a priority project.

12. Going forward, my priorities continue to be completion of the projec ts identified above, the additional projects id entified on the 2014-2018 ACIP and AMP, and improving Airport management systems to assure a safe and efficient Airport operation and continued compliance with the Town’s grant obligations.

Airport Tenants

13. There are currently two fixed-base operators (“ FBOs”) at the Airport: (1) Sound Aircraft Services and (2) Myers Aero Fuels. Sound Airc raft is the largest FB O at the Airport. Both FBOs offer general aviation servi ces including aircraft fueling and tie-down

locations for based and transient aircraft at the Airport. The leases with both FBOs expressly acknowledge that the Town may raise the fuel flowage fee from time to time.

See Exhibit 18 (Excerpts from FBO leases).

14. There are several aeronautical tenants that opera te hangars at the Airport. There also are approximately 15 non-aeronautical tenant s that operate at the Airport. See Exhibit 1 (ALP).

15. Many of the non-aeronautical tenants leas e parcels in the approximately 56-acre

Industrial Park located at the south end of th e Airport. The Industr ial Park contains 24 lots, about half of which are cu rrently occupied by tenants.

16. The existing leases were crafted over a pe riod of almost three decades and vary considerably in their terms. However, most have terms of twenty to thirty years with options to extend. I am working with the Town to create a set of uniform forms to be

used for all new leases so that the Town can have consistent terms for its various Airport

tenants.

Airport Noise and Use Restrictions

17. On April 16, 2015, the Town enacted three lo cal laws designed to address noise and disturbance from operations at the Airport. These laws are narrowly tailored to address the longstanding community concer ns about aircraft noise, and th ey are expected to affect only approximately 20% of the operations at the Airport.DECLARATION OF JEMILLE CHARLTON, AIRPORT DIRECTOR, EAST HAMPTON AIRPORT

8 Part 16 Complaint

18. The Friends of the East Hampton Airport ( “ FOEH ” ) sent a letter on July 31, 2014, requesting a meeting with the Town to discuss various safety issues and compliance with federal grant assurances related to safety, operations, and maintenance

. Exhibit 1 9 (July 31, 2014, letter)

. In its letter, FOEH stressed its interests in a negotiated solution rather than litigation. Id . at 6. The letter did not raise any concerns regarding non

- aeronautical leases or revenues, nor did FOEH indicate that they wanted to discuss the recently

incr eased landing and fuel flowage fees.

19. I attended a meeting between representatives of FOEH and the Town on S eptember 4,

2014. At the meeting, FOEH reiterated its legal arguments regarding the effect of the 2005 Settlement Agreement between FAA and the Com mittee to Stop Airport Expansion, and applicability of FAA grant assurances at the Airport. FOEH also expressed concerns about the Town’s intent to enact noise restrictions. In addition, FOEH discussed the allegations identified in the July 31, 2014, let ter , and specifically reiterated its concerns

about : (1) the “permanent conversion” of Runway 4

- 22 to a taxiway; (2) lighting on Taxiway A; (3) the Perimeter Fence; and ( 4 ) obstructions and the related impacts to nighttime instrument approaches . FOEH aske d for information on timelines, budgets, and contractors. The Town indicated that it was working on a comprehensive plan and asked to hear FOEH’s priorities for the various projects.

20. Based on my recollection, FOEH did not raise any issues or concerns wit h non

aeronautical leases or revenues at the September 4, 2014, meeting , nor did FOEH raise any concerns regarding the recently increased landing and fuel flowage fees. To my knowledge, FOEH never formally raised these concern s with the Town prior to fili ng a Part 16 complaint.

21. Following the September 4, 2014, meeting, the Town Supervisor responded, requesting additional data on the specific safety issues alleged and ho w FOEH suggested approaching FAA regarding the effect of the 2005 Settlement Agreement

. Exhibit 1 9 (September 8, 2014, letter)

. To my knowledge, FOEH did not respond further until January 29, 2015, when it filed the pending Part 16 complaint and simultaneously sued FAA in federal court regarding the 2005 Settlement Agreement

.

I declare under penalty of perjury that the foregoing is true and correct.

Jemille R. Charlton

Executed this 29 th day of April , 2015 in East Hampton, New York.