Monday, February 15, 2021

Chautauqua County files suit against companies that operated at airports

Chautauqua County has filed three lawsuits against the companies that operated out of the county airports.

In State Supreme Court, the county filed a lawsuit against Jamestown Aviation, LLC, one against Dunkirk Aviation Sales and Services, Inc. and one against Dunkirk Aviation Management, LLC. All three were filed January 28.

JAMESTOWN AVIATION

In the lawsuit against Jamestown Aviation, the county notes it had a lease agreement with them relating to real property at the Jamestown Airport. The defendant terminated the lease on January 31, 2020. The county alleges the following damage at the property:

Building J FBO Office – Water damaged ceiling tiles and stained carpets; several lights and lens covers missing and/or damaged beyond repair; rotted threshold on door in back office; cracked window on the ramp side of the Fixed Based Operation office (was covered by dirty stickers); and dirty and chipped paint.

Hangar J FBO Hangar – Hangar door and man doors have fully deteriorated and must be replaced and light bulbs need replacement.

Hangar L (hangar space) – Hangar doors need repair and servicing; chipping and peeling interior paint; rust at base of structural steel columns; block walls are contaminated with mold and mildew; all exterior man doors have fully deteriorated and are not compliant with state fire codes, and must be replaced; and interior doors to the shop and office need new hardware.

Hangar L (shop/office) – Extensive amount of paint is chipped and peeling; block walls are deteriorating due to mold and mildew; exterior doors are inoperable due to rust and omitted maintenance and are in violation of state fire code; restrooms need new fixtures; other plumbing issues; and heating ducts are rusted and gas supply line has been modified in violation of building codes.

In the suit, the county seeks judgment in an amount to be determined upon the trial of the lawsuit.

On the Jamestown Aviation’s website, the company writes, “After serving the community since 2000, Jamestown Aviation has decided it is time to let someone else provide FBO flight support at the Jamestown Airport. As of January 31st, 2020 we have officially closed our doors. We have immensely enjoyed serving our loyal customers and hope that you will continue to visit us at Chautauqua Aircraft Sales, Inc. & Dunkirk Avionics LLC where services will continue uninterrupted.” The phone number listed on the website is not in service.

DUNKIRK AVIATION SALES & SERVICES

In the lawsuit against Dunkirk Aviation Sales & Services, Inc., the county notes it had a lease agreement with them relating to real property at the Dunkirk Airport. The county alleges the defendant wrongfully terminated the lease agreement as of October 31, 2017 in breach of the terms and conditions, which require the defendant to be responsible for all the repairs and maintenance of the least premises.

When the county returned October 31, 2017, it alleged the following issues:

Hangar No. 1 – Exit sign is missing; main electrical distribution panel is not labeled and has no evidence/record of required inspections/service; exterior paint is peeling; hangar door electrical/mechanical controls work intermittently and require manual operation to remain engaged; hangar door binds and occasionally hangs up; and the hangar is not currently suitable for lease/revenue generation due to unreliable condition of the bi-folding doors.

Hangar No. 2 – Hangar door electrical/mechanical controls work intermittently and require manual operation to remain engaged; hangar door binds and occasionally hangs up; the hangar is not currently suitable for lease/revenue generation due to unreliable condition of the bi-folding doors; and the exterior paint is peeling.

Hangar No. 4 – Exterior lighting is not functioning, and the hangar door seal is worn, allowing moisture intrusion.

Hangar No. 5 – Roof leaks in several areas; insulation is water-logged and deteriorated; and the exterior asphalt shingle siding and roofing is loose and presents hazards to nearby aircraft.

Hangar No. 6 – Interior lighting is out in areas; the exterior metal sheathing is damaged at building corner(s); the hangar door’s drive train is worn causing frequent door jamming and malfunction; and the leaking drive train oil indicates neglected maintenance and failing function.

FBO Office building – Insulation has separated from interior walls due to moisture intrusion (leaks); rust is forming along wall-floor joint; and the heating units are inoperable and beyond economic repair.

The county also notes Dunkirk Aviation Sales and Services remains the owner of an underground fuel system and tanks that are still located on the leased premises. “The defendant was responsible, as the registered owner of its remaining fuel system and tanks, for the permanent closing of the facility, including the potential removal of underground storage tanks, as may be required by applicable state and federal law,” the county wrote in the lawsuit.

Because Dunkirk Aviation Sales and Services failed to permanently close the fuel system and tanks, the county was required to, at a cost of $53,306.

The county states it seeks judgment against the defendant in an amount to be determined upon the trial of the action.

A company official with Dunkirk Aviation Sales and Services was reached by phone and said they have not yet received the lawsuit and declined further comment. On the Dunkirk Aviation Sales and Services website, it states, “As of October 31st, 2017 we have officially closed our doors. We have immensely enjoyed serving our loyal customers and helping people experience the joy of flight. We hope that you will visit us at the Jamestown Airport (KJHW) where service provided by Dunkirk Avionics LLC, Jamestown Aviation Company LLC, and Chautauqua Aircraft Sales & Services, Inc. will continue uninterrupted.”

DUNKIRK AVIATION MANAGEMENT

In its lawsuit against Dunkirk Aviation Management LLC, the county notes it had a lease agreement with them as the tenant relating to hangar space. The lease was terminated on February 1, 2018.

The county alleges that according to the lease, Dunkirk Aviation Management was responsible for the taxes, however the defendant had outstanding real property taxes and assessments.

The county also states that Dunkirk Aviation Management was responsible for repairs and maintenance of the hangar building.

After the lease ended, the county noted there were damaged or missing windowpanes, inoperable hangar bay lights, and inoperable hangar heating units, which the defendant was allegedly responsible to repair or replace.

The county states it seeks judgment against the defendant in an amount to be determined upon the trial of the action.

Dunkirk Aviation Management does not have a separate website or phone number listed.

County Attorney Stephen Abdella confirmed the three individual lawsuits, but declined further comment.

10 comments:

  1. As someone in the MRO building industry (non-aviation related), this report just scares the hell out of me. When was the last time the Fire Marshall came to inspect the facilities? Something doesn't smell right here, and it's not just the mold. Even the common person knows that issues like these take many years of neglected maintenance to materialize. So the next question is where did the management fail breakdown start and when? Dunkirk is a very old family owned aviation services company that started out teaching pilots to fly during WWII. Was the company handed over to incompetent grandchildren at some recent decade point? Ir would not be the first time heirs get handed the keys to the family business and then fail miserably in managing it.

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    1. Actually that is OSHA's job. They have a set of regulations referring to the "General Industry" standards but they are generally assigned to specific industries like retirement homes, hotels, restaurants, and retail stores. I do not know of any specifically assigned to FBO businesses which can cross over into grey areas of crew resting quarters (hotels), food & beverage services (restaurants), and aviation related merchandise sales (retail stores).

      Now as mentioned there are state/county/city building safety standards which are supposed to be checked by government safety officials such as the FD and building inspectors to make sure they're meeting requirements and are up to code. But when it comes to cleanliness and sanitation, that's not the case, which can lead to deteriorating conditions of said facility as read about here. So that circles back to why didn't the fire department report these extreme maintenance deficiencies, especially considering there were very volatile things on that property like fueled aircraft in hangars.

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  2. Airport authority should have been making annual condition inspections if the FBO was responsible for upkeep. As the first comment stated, didn't get that way in a short period.

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  3. "...contaminated with mold and mildew..." = Toxic to your health.

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  4. Isn't the airport authority responsible for the upkeep of the facilities?

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    1. Generally nope. Just like if you lease an apartment you are responsible for its general upkeep and maintenance (kept clean and if any issues arise like a plumbing leak, it is up to you to contact the management of the property for repair). Outside of safety like the fire department, it is not the county's job to regularly inspect how well maintained their facilities are managed by a company leasing their facilities. I'm pretty sure in that lease agreement the consignee signed agreeing they were responsible for the upkeep and to report any maintenance issues (like a leaking roof causing collapsed ceiling tiles) - just like renting an apartment.

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  5. Just another sign of a failing state (New York) and why nobody in their right mind would do business or live there. With all the health inspectors closing down businesses now in New York because of the Chinese Virus, no one showed in years to inspect these airport facilities. Simply amazing but not surprising!

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    1. And they are all moving to Florida! I just hope they change the way they vote when moving there which caused all that failure (like Cuomo now in hot water for his administration fudging retirement home deaths by up to an alleged 50%).

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