Friends of East Hampton Airport, Inc. et al. v. Town of East Hampton, NY – No. 16-15-02
FAA Docket No:
FAA Docket No. 16-15-02
Author:
Kevin C. Willis, Director, Office of Airport Compliance and Management Analysis
Complainant(s):
Friends of East Hampton Airport, Inc.Respondent(s):
Town of East Hampton, NYAirport(s):
East Hampton Airport
Holding:
Denying Motion to Dismiss Parts of the Complaint; Determination that Respondent had violated Grant Assurances 11, 24 and 25.Abstract:
The “Friends of the East Hampton Airport” filed a multi-caused complaint against the Town of East Hampton. With respect to specific allegations connected to three Grant Assurances—Grant Assurance 11, Pavement Preventive Maintenance; Grant Assurance 24, Fee and Rental Structure; and Grant Assurance 25, Airport Revenue—the Respondent did not contest compliance and confessed that it “does not dispute that there are legitimate questions of compliance with its Sponsor Assurances,” and that it “does not contest compliance” with regard to certain issues. (p. 5.) Based on the Town’s position of no-contest, the FAA found that the Town had violated Grant Assurances 24 and 25 with regard to the failure to: (1) charge fair market rent for non-aeronautical leases; (2) prepare and adequately reimburse the Airport Fund; and (3) to prepare and implement a pavement maintenance plan. (p. 5.)
Accordingly, the Town of East Hampton agreed to enter into a Corrective Action Plan (CAP) with the FAA regarding non-aeronautical activities, including leases with a local gun club, national rental car company, and local police and fire districts, and the adequacy of reimbursements from the Town to an airport fund. The CAP also covered the preparation and implementation of a formal Pavement Maintenance Program.
The remaining contested claims between the parties, while not stated in the Director’s Determination, remained subject to investigation pursuant to 14 C.F.R. § 16.29.