Town-Village Aircraft Safety & Noise Abatement Committee

TOWN-VILLAGE AIRCRAFT SAFETY & NOISE ABATEMENT COMMITTEE One Washington Street, Hempstead, New York 11550 (516) 489-5000 x3296 – TVASNAC@tohmail.org Meeting Minutes Monday, May 23, 2022 In Attendance Carl Baessler, Village of Atlantic Beach Andrew Weiss, Village of Floral Park Laurence Quinn, Village of Garden City Richard Pallisco, Village of New Hyde Park Sean Wright, Village of Valley Stream James Vilardi, Executive Director Brad Regenbogen, Town of Hempstead Deputy Town Attorney James Vilardi asked Carol Renta to take attendance, and the meeting was called to order. James Vilardi asked if everyone reviewed the March 28, 2022 minutes and if there were any changes. Since there were no changes, Carl Baessler made the motion to approve these minutes, and Richard Pallisco second the motion. James Vilardi asked if the committee reviewed the 2022-2023 Calendar of Meetings and if there were any changes. Since there were no changes, Sean Wright made the motion to approve the calendar, and Laurence Quinn second the motion. James Vilardi asked if the committee reviewed the 2022-2023 Budget and if there were any changes. Since there were no changes, Richard Pallisco made the motion to approve the budget, and Laurence Quinn second the motion. Joining the meeting for the first time was Town of Hempstead Deputy Town Attorney Brad Regenbogen who Supervisor Don Clavin recently assigned to the committee. Brad introduced himself to the committee and presented his findings with respect to any course of action TVASNAC might take against the FAA. Brad provided information to support the opinion that the town has no legal avenues available to it that the Town Attorney’s Office could pursue in recommending ordinances, or in litigation, to mitigate or limit the noise issues caused by air traffic. Controlling case law and statutes state clearly that federal control over air traffic in the United States preempts all state and local ordinances that may be contradictory with few exemptions. These few exceptions are tied to states and municipalities which are also owners and operators of airports, and even then, are only granted authority to manage and mitigate air traffic with approval and compliance with FAA regulations created under federal statute. Since the town is not an owner or proprietor of either of the two major airports in our area, the town does not qualify to pass any ordinances under said exceptions provided in federal statute. Alternative forms of legal action would have to be taken, such as coordination with federal representatives about complaints of noise issues, pursuing discussion and campaigning at the New York Community Aviation Roundtable (NYCAR), and coordinating with other municipalities on lobbying federal representatives and agencies on behalf of our citizens relating to aircraft noise complaint issue are examples of alternatives forms of action that could be taken by the town/committee. In attendance at tonight’s meeting representing Nassau County Legislature Presiding Officer Richard Nicolello was Bill Florio, Press Secretary for the Legislature. Bill attended in place of Meredith Hughes who was covering tonight’s Legislative Meeting at the Cradle of Aviation. Bill distributed to the committee a letter Legislator Nicolello sent to Senator Schumer in March 2022 highlighting the intolerable aircraft 1 noise in our communities due to the FAA’s overuse of runway 22L, a request for the FAA to “fan out” approach patterns arriving at JFK airport and emphasizing the fact that the FAA does not respond to local officials in these matters. This is the second letter Legislator Nicolello has sent the Senator on this subject. Bill offered the following: • Since there are so many elected officials in Nassau County that represent residents affected by airplane noise on the village, town and county levels, if they all went to D.C. to complain about it, they may make an impact. • Nassau County has a Legislative Committee for airplane noise, which includes Legislators Rich Nicolello, William Gaylor, and Laura Schaefer. The committee hears residents’ complaints in a public comment fashion. Elaine Miller from Plane Sense 4 Long Island also joined tonight’s meeting. Elaine also represents Nassau County in Quiet Communities, which is an organization that is focused on impact on noise and pollution on communities; aviation, traffic, etc. (board consists of scientists and researchers). Elaine provided the committee with the following information: • Prior to COVID, the Nassau County Aviation Committee held meetings at Nassau County Community College with 16 representatives from the state and Assembly. These meetings provided an opportunity for the public to discuss with elected officials the airplane noise issues they are facing. Bill A214B was a result of these meetings and was passed on December 23, 2022. This committee fell by the wayside during COVID, but Elaine suggests we consider starting the meetings up again. Since NYCAR is Queens-centric, Nassau should have its own meetings. • Bill A214B includes mandating a study of health impacts of LGA and JFK on our communities. This Bill is a big win for residents, because these studies will be conducted through the U.S. Department of Health. The FAA does not accept any studies conducted outside of the U.S. Europe has conducted noise and health impact studies proving cardiovascular disease is absolutely correlated to FAA noise, but the FAA continues to say is that these are not our studies. The FAA frequently comments that airplane noise is an annoyance, but it’s not just an annoyance, it’s a health concern starting with emissions causing low birth weights in babies and asthma in all age groups. • The FAA does not listen to anyone, even the NYCAR who they supposedly put in place to hear from residents, which is why we must advocate for effective changes in legislation. • On June 16, 2022, Quiet Communities will be holding a Zoom Conference from 12 noon to 2 p.m. at which two FAA lawyers, Steve Taber and Barbara Lichman, will be speaking on the health impacts associated with airplane pollution/noise. Steve Taber would be willing to provide us with information, and Elaine will provide Brad Regenbogen with Steve’s contact information so they can brainstorm. • There is a Quiet Skies caucus in Congress, and we should consider sending letters to the elected officials in this caucus. • There are approximately 62 organizations across the United States championing this cause. • We should consider media involvement to bring more awareness to the public of the health risks associated with airplane pollution/noise. 2  • Columbia University is conducting a study involving placing a monitor on the outside of your home that will track noise levels over the house. It costs approximately $80,000 for a community (village/town/county) to join the study and includes the monitors, data collection and data analysis. Currently, the FAA has sensors in place throughout communities collecting data which they refuse to release to the public. Andrew Weiss stated that the Reauthorization Bill of 2018 contained a lot of items of merit, but the FAA was not held accountable. An enforcement component of the Bill must be mandated so that the Bill is not just words on a paper; but holds the FAA accountable. Perhaps Senator Schumer can be of assistance with supporting some type of enforcement legislation. Additionally, perhaps we can see if the FAA has an Inspector General and if so, request they conduct an internal investigation into the FAA to see if they are doing what they are supposed to do relative to the Reauthorization Bill. James Vilardi once again stated that the committee should send a letter to the FAA demanding they do what they are supposed to do, conduct the health studies, and fulfill their obligation under the legislation. • James asked Brad Regenbogen to see if we can hold the FAA accountable to carry out the studies already mandated in Reauthorization Bill and to draft legislation that we can ask our federal representatives to sponsor, including some incremental victories that could be achieved such as spreading airplane traffic out among different runways. • James also asked Brad Regenbogen to draft a letter to the FAA requesting an update on the studies laid out in the Reauthorization Bill and request a time frame when the studies will be completed. James Vilardi asked Elaine Miller if she thought it a good idea to try and get all the local activist groups together for a brain storming session. Elaine will present this idea to the other groups and let us know. James Vilardi asked if anyone had any items to add. Hearing none, Laurence Quinn called for the meeting to be adjourned and Andrew Weiss second the motion. Prepared by: Carol Renta Secretary, TVASNAC 3