UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Friends of the East Hampton 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. CHARLTON IN SUPPORT OF THE ANSWER OF 

THE TOWN OF EAST HAMPTON, NEW YORK 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 currently 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 Airport 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 Management. I have served for the last 15 

years in the New York Air National Guard’s 106th Rescue Wing, where I am currently an 

Aerospace Maintenance Craftsman - 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 linesman 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 owned and operated by the 

Town of East Hampton (“Town”). The Airport serves general aviation aircraft and has 

no scheduled service from commercial airlines. However, there are helicopter flight 

services that provide non-scheduled, on-demand flight service at the Airport. There are 

approximately 161 based aircraft at the Airport. 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 approximately 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 component 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 operations at the Airport. 

8. Some critical groundwork had already 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 Excerpts). The Town completed its 

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

2010. Exhibit 5 (2010 Master Plan Final Generic 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 comprehensive airport management plan. As a 

first step, the Town’s consultants identified 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 traffic control tower, preparing an Airport 

Security Plan Update, settling environmental 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 have completed environmental review 

pursuant to the New York State Environmental Quality Review Act (“SEQRA”). 

The total projected cost of the projects 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 Airport Master Plan and had not yet undergone 

environmental review under SEQRA. Those 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 engineering firm, Michael Baker International, to 

assist with the prioritization and implementation of the various projects and 

improvements at the Airport. Among the top priorities we have identified are: 

• Design and installation of the AWOS; 

• Design and construction of the perimeter (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 identified 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 Runway 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 planned for this year will inform our 
DECLARATION 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 documents). There is currently no 

vegetation or standing water on Runway 16-34. The results of the comprehensive 

pavement evaluation planned for this year will allow the Airport to schedule 

appropriate preventative maintenance 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 phases. The first phase calls for temporary 

repair work to the closed runway for use as a taxiway. The second phase would 

complete the rehabilitation and would reactivate Runway 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 (calling 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 planned, 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 specifications so that this new pavement can be 

incorporated into the fully-rebuilt runway. 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 intention 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 taking appropriate steps to ensure proper 

maintenance of the ramps at the Airport, and I am not aware of any safety 

incidents related to pavement maintenance. First, funding for pavement 

rehabilitation is planned for, and included 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 staff conducts daily visual inspections 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 with 
DECLARATION OF JEMILLE CHARLTON, 

AIRPORT DIRECTOR, EAST HAMPTON AIRPORT 

5 

Aviation Resources, Inc., the tenant operating out of the Executive Terminal at 

the Airport, (located at the southeast end 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, Aviation 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 Program. 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 discussed above, the Airport currently conducts 

daily inspections and has kept records since November 2014. I have reviewed the 

files and have determined that there 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 Maintenance Plan called for the repair of the 

then-inoperative lighting along Taxiway A. Exhibit 8 (AMP). In 2014, the Town 

completed necessary environmental reviews, 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 without 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 Operating 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). The 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 the Town that it had identified several 

obstructions (trees, vehicles, and a hill) that penetrate the 20:1 visual surface for 

Runway 10-28. FAA requested that the Town 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 the penetrations cannot be immediately 

removed due to the detailed process required to comply with applicable local 

regulations. See Exhibit 16 (July 5, 2013 Letter to FAA). The Town conducted 

the required review and determined that there may be numerous additional 
DECLARATION OF JEMILLE CHARLTON, 

AIRPORT DIRECTOR, EAST HAMPTON AIRPORT 

6 

obstructions beyond those specifically identified 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 Department 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 Board). As a temporary solution, the 

Town proposed a visual glide slope indicator (“VGSI”) mitigation plan that 

included adjusting the angle of the Precision 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 forward to address the actual obstructions. 

In November 2014, the Town approved expenses for aerial photography and 

photogram metric mapping and related analysis to identify obstructions that 

penetrate the 20:1 visual 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 full 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 removal 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 are currently not available 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 the AMP. There is also an 

active hunting program that assists with management of the local deer population. 

Collectively, the hunting program and the new fence will eliminate the potential 

for deer strikes on the Airport. The Town has directed its engineer to prioritize 

this project and anticipates receiving a scope of services in the very near future. 

k. Airport Gates. The Airport has seven electrical or manual gates surrounding the 

perimeter of the Airport property. There 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. Since 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 secondary 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. The 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 projects identified above, 

the additional projects identified 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 Aircraft is the largest FBO at the Airport. 

Both FBOs offer general aviation services 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 operate hangars at the Airport. There also are 

approximately 15 non-aeronautical tenants that operate at the Airport. See Exhibit 1

(ALP). 

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

Industrial Park located at the south end of the Airport. The Industrial Park contains 24 

lots, about half of which are currently occupied by tenants. 

16. The existing leases were crafted over a period 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 local laws designed to address noise and 

disturbance from operations at the Airport. These laws are narrowly tailored to address 

the longstanding community concerns about aircraft noise, and they 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 19 (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

increased landing and fuel flowage fees.

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

2014. At the meeting, FOEH reiterated its legal arguments regarding the effect of the 

2005 Settlement Agreement between FAA and the Committee 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, letter, 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 asked 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 with nonaeronautical 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 concerns with the Town prior to filing 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 how FOEH suggested 

approaching FAA regarding the effect of the 2005 Settlement Agreement. Exhibit 19

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