UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL A VIA TI ON ADMINISTRATION 

WASHINGTON, D.C. 

Sound Aircraft Services, Inc. 

Complainant, 

v. FAA Docket No. 16-14-07 

Town of East Hampton, NY 

Respondent. 

RESPONDENT TOWN OF EAST HAMPTON, NEW YORK 

SUPPLEMENT TO 

ITS ANSWER AND BRIEF IN SUPPORT OF ITS ANSWER 

Designation of persons to receive service for the Town of East Hampton, New York: 

Michael Sendlenski 

Town Attorney 

Town of East Hampton 

159 Pantigo Road 

East Hampton, NY 1193 7 

EVail@EHamptonNY. Gov 

W. Eric Pilsk 

Catherine van Heuven 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave., NW, Suite 800 

Washington, D.C. 20036 

epilsk@kaplankirsch.com 

cvanheuven@kaplankirsch.com 

Telephone: (202) 955-5600 

Facsimile: (202) 955-5616 
Respondent, the Town of East Hampton (the "Town"), hereby notifies the Federal 

Aviation Administration that the Town's landing fees at issue in this case were superseded as of 

June 15, 2016 by a new landing fee schedule for East Hampton Airport pursuant to Town 

Resolution 2016-592. A copy of Town Resolution 2016-592 setting forth the new landing fee 

schedule is attached as Exhibit A. 

Respectfully submitted this 7th day of October, 2016. 

Michael Sendlenski 

Town Attorney 

Town of East Hampton 

159 Pantigo Road 

East Hampton, NY 1193 7 

EVail@EHamptonNY.Gov 

W. Eric Pilsk 

Catherine van Heuven 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave., NW, Suite 800 

Washington, DC 20036 

epilsk@kaplankirsch.com 

cvanheuven@kaplankirsch.com 

Telephone: (202) 955-5600 

Facsimile: (202) 955-5616 
CERTIFICATE OF SERVICE 

I hereby certify that I have this ih day of October, 2016, served the foregoing 

Respondent Town of East Hampton, New York, Supplement to Its Answer and Brief in 

Support of Its Answer to the Complaint on the following parties by e-mail at the following 

addresses: 

Office of the Chief Counsel 

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

1 copy via E-mail 

9-A W A-AGC-Part-16@faa.gov 

Alison L. Squiccimarro 

Law Offices of Paul A. Lange, LLC 

80 Ferry Boulevard 

Stratford, CT 06615 

als@lopal.com 

jv;4~ 

W. Eric Pilsk 
EXHIBIT A 
East Hampton Town Board Meeting: 05/19/16 06:30 PM

159 Pantigo Road Department: Town Attorney

East Hampton, NY 11937 Category: Fees

Prepared By: Michael Sendlenski

ADOPTED Initiator: Michael Sendlenski

Sponsors: Councilwoman Kathee Burke-Gonzalez

RESOLUTION 2016-592 DOC ID: 16859 

Updated: 5/18/2016 9:06 AM by Kathee Burke-Gonzalez Page 1

Resolution Amending Landing Fee Schedule at East 

Hampton Airport

WHEREAS, the Town Board has had numerous public discussions about the need to ensure 

that Airport fees are not only sufficient to support the operation and maintenance of the 

Airport but also equitable across users; and 

WHEREAS, over the last several years, the published list of landing fees has been adjusted a 

number of times through administrative actions in a way that created certain unintentional 

discrepancies which the Town Board believes should be corrected; and

WHEREAS, the current landing fees (adopted in 2014) have been challenged in two 

administrative complaints before the FAA; and

WHEREAS it is common for airports to charge landing fees that are graduated based upon 

the weight of aircraft using the airport; and

WHEREAS landing fee schedules generally must be applied uniformly to all similarly situated 

users at all times; and 

WHEREAS, the Town has advised FAA that it is committed to revising its landing fee 

schedule to remedy the current discrepancies; and 

WHEREAS, the Town presented an initial proposal for a revised landing fee schedule at a 

Town Work Session on July 7, 2015; and

WHEREAS, Town residents, airport users and trade associations filed written comments and 

requested additional consultation; and

WHEREAS, the Town consulted with its outside consultants and attorneys to ensure that any 

revision in the landing fee schedule complies both with the Town’s legal obligations and best 

practices in the industry for adoption of an equitable and not unjustly discriminatory 

schedule of landing fees; and 

WHEREAS, as part of that review, Peter Stumpp, in conjunction with Ted Baldwin of HMMH, 

prepared a memorandum entitled “Analysis of Proposed Changes in HTO Landing Fees” 

dated August 3, 2015, reviewing proposed landing fee structures at the East Hampton 

Airport; and 

WHEREAS, in response to written and oral comments, the Town proposed a revised fee 

structure on August 4, 2015, which included a noise management fee designed to resolve 

existing inequities, minimize extraordinary increases for any particular type of aircraft, and 

also cover funding needs for the following year; and

WHEREAS, the Town received additional comments and requests for additional consultation 

on the revised proposal; and

WHEREAS, in response, the Town withdrew the revised proposal from consideration at the 

August 6, 2015, Town meeting; and

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WHEREAS, over the following several months the Town then conducted extensive additional 

analysis of landing fee options and fee structures; and

WHEREAS, the Town directly solicited comments from and consultation with airport users 

and trade associations including the National Business Aviation Association, the Eastern 

Region Helicopter Association, and the East Hampton Aviation Association; and

WHEREAS, the Town eliminated the proposed noise management fee and circulated another 

revised proposal to the airport users and stakeholder groups on April 20, 2016; and

WHEREAS, in response to comments, the Town circulated yet another revised proposal to 

airport users and stakeholder groups on May 13, 2016; and

WHEREAS, the Town has engaged in a lengthy and deliberate process that reflects 

important revisions that we believe will resolve concerns that have been raised; and

WHEREAS, the currently proposed fee schedule is designed to resolve existing inequities, 

while minimizing significant changes in pricing structure for any particular type of aircraft; 

and is designed to generate the $1.76 million ($1,760,155) in landing fee revenue identified 

in the Town’s 2016 Adopted Airport Budget so that the Airport can remain financially selfsustaining; and

WHEREAS, the new fee structure would be based solely on aircraft weight and would apply 

uniformly to all rotary and fixed-wing aircraft regardless of the manner in which aircraft are 

used, which will eliminate any possibility that the current fees could be perceived as unjustly 

discriminatory; and

WHEREAS, the objective of the landing fee schedule is to impose fair and reasonable fees to 

help ensure that the Town raises sufficient revenue that the Airport can operate selfsustainably; now, therefore be it 

RESOLVED, that the Town Board hereby adopts the following landing fee schedule for all 

aircraft using the East Hampton Airport, effective June 15, 2016: eight Class Rate per 

Landing

Weight Class Rates per Landing

A. Below 4,500 lbs. $20

B. 4,500 - 7,499 lbs. $100

C. 7,500 - 9,999 lbs. $150

D. 10,000 - 12,499 lbs. $225

E. 12,500 - 24,999 lbs. $350

F. 25,000 - 49,999 lbs. $500

G. 50,000 - 74,999 lbs. $700

H. 75,000 lbs. and above $700

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RESULT: ADOPTED [UNANIMOUS]

MOVER: Kathee Burke-Gonzalez, Councilwoman

SECONDER: Sylvia Overby, Councilwoman

AYES: Kathee Burke-Gonzalez, Sylvia Overby, Fred Overton, Larry Cantwell

ABSENT: Peter Van Scoyoc

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