### 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) 955-5616Respondent, 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Aviation Administration that the Town's landing fees at issue in this case were superseded as of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 AEast Hampton Town Board Meeting: 05/19/16 06:30 PM 159 Pantigo Road Department : Town Attorney East Hampton , NY 1 1937 Category: Fees Prepared By: Michael Sendlenski A DOPTED 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 believe s 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 ai rcraft 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 cur rent 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 addi tional 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 eq uitable 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

e xisting 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 propo sal; and

WHEREAS, in response, the Town withdrew the revised proposal from consideration at the August 6, 2015, Town meeting; and 4.A.11

Packet Pg. 80Resolution 2016

- 592 Meeting of May 19, 2016

Updated: 5/18/2016 9:06 AM by Kathee Burke

- Gonzalez Page 2 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 Aviatio n 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, t he 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 self

sustaining; and

WHEREAS, the new fee structure would be based solely on aircraft weight and would apply uniformly to all rotary and fixed

- wing aircraft re gardless 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 he lp ensure that the Town raises sufficient revenue that the Airport can operate self

sustainably; 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 4.A.11

Packet Pg. 81Resolution 2016

- 592 Meeting of May 19, 2016

Updated: 5/18/2016 9:06 AM by Kathee Burke

- Gonzalez Page 3 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 4.A.11

Packet Pg. 82