RECEIVED 

APR 2 2015 

PART 16 DOCKETS 

Part 16 Complaint 

Denied Access 

for Skydiving 

4J6 

August 2012 

Submitted Feb 2015 

T JP@JAX lnc.dba The Jumping Place 1 
Table of Contents 

1 . Title Page 

2. Table of Contents 

3. Trespass warning posted on bathroom door 4J6 Aug 2012 

4. Jim Stein letter directing police to arrest skydivers 

5. Part 16 complaint 

6. continued 

7. continued 

8. continued 

9. FAA Dismissal of Jim Stein's Allegations 

10. Part 13 complaint 

11. continued 

12. continued 

13. continued 

14. continued 

15. continued 

16. Steve Crowell allowing skydiving email 

17. B Lt. Johnny Guy's email indicating this was a civil matter. 

18. Interpretation of legality of SMAAB actions by Lt. Johnny Guy 

19. Chief Tim Hatch response 

20. Authorization forT JP to operate at 4J6 granted in June 2006 

21. Authorization for approval to operate at 4J6 granted 5 June 2006. 

22. Commercial access permit forT JP July 2012 

23. continued 

24. continued 

25. continued 

26. continued 

27. continued 

28. continued 

29. continued 

30. Picture of the Kings Bay recreational complex the skydivers landed on. 

TJP®JAX lnc.dba The Jumping Place 2 

JAMES E. STEIN, LAWVER 

ROBERT W. GUY, JR., LAWVER• 

"AlSO ADMffiED IN Fl 

July 25, 2012 

. -- "' -- - - - 7 - • --· 

LAWYERS AND COUNSELORS 

POST OFACE BOX 5130 

ST. MAAYS, GEORGIA31558 

TELEPHONE: 912/729·3635 FAX: 912/729-2248 

BY HAND DELIVERY 

Chief Hatch 

St. Marys Police Department 

563 Point Peter Road 

St. Marys, GA 31558 

Re: Cathy Kloess d/b/a The Jumping Place 

Dear Chief: 

E·MAil AllllRESs: STEIN3@TDS.NET 

PHYSICAL AllDRESS FOR OVERNIGHT llELIVERY: 

52 CAMDEN WOODS PARKWAY 

KINGSLAND, Gt:ORGIA 31548 

Attached is the required criminal trespass warning placing the captioned on 

notice than any person permitted to sky dive by Cathy Kloess did/a The Jumping Place 

and /or Agents of The Jumping Place is trespassing on to the Airport property. Cathy 

Kloess and/or the agents of The Jumping Place are not prohibited from using the 

property for general aviation purposes, but as stated, or not to allow the sky divers to 

land on the property and are trespassing. It is requested that any person in violation will 

be removed and cited or trespass as allowed by law. 

JES/c 

cc: The Jumping Place 

St. Marys Airport Authority 

GDOT 
. ,I. 

This part 16 complaint is being filed by: 

Catherine L Kloess 

President TJP@JAX Inc. 

dba The Jumping Place 

5731 1 8th St. 

Zephyrhills, FL 33542 

912 322 7282 

thejumpingplace@gmail.com 

Attention: FAA Part 16 Airport Proceedings Docket 

AGC-610 

Federal Aviation Administration 

800 Independence Ave., SW 

Washington DC 20591 

I hereby certify that I have this day served the foregoing Part 16 complaint on the following 

persons and the following addresses by certified mail. 

Jay Jeffery Stanford Airport Authority Board Manager 

611 Carract Ct. 

St. Marys, GA31558 

912 882-4593 

Jay Jeffrey Stanford 

St. Marys Aviation 

400 N Dandy St 

St. Marys, GA 31558-9107 

912 882 4359 

Frank Frasca 

909 Larkspur Lane 

St. Marys GA 31558 

912 882-0643 

and 

James E Stein 

52 Camden Woods Parkway E 

Kingsland, GA 31548 

Phone: (912) 729-3635 

TJP®JAX lnc.dba The Jumping Place 5 
Further it is being filed with the City of St. Marys as the owner of the airport. 

1 · City Hall 

City of St. Marys GA 

418 Osborne St. 

St. Marys, GA31558 

(912) 51 0-4000 

Dated this 12th day of February 2015 

Dear FAA, 

TJP@JAX Inc DBA The Jumping Place FAA investigation and Dismissal. 

T JP@JAX Inc. has continued to operate as an FAA compliant operator at airports other than 

4J6. In addition to contracting aircraft to support other skydiving centers in Florida we do have a 

facility at KTBR in Statesboro GA as well as our home office in Zephyrhills, FL. Catherine L 

Kloess (Commercial SMEL IFR), President T JP@JAX Inc. very much desires to continue to hold 

her ratings and will remain FAA compliant. It the corporate policy ofT JP@JAX Inc. to comply 

with all local ordinances and Federal Laws as well as FAR's. Should the FAA choose to advise 

me to stand down on the issue of airport access in St. Marys GA I would be interested in 

hearing this advise and the FAA reasoning. 

In July of 2006 we requested and received approval to operate out of the St, Marys Airport 

(pages 20-21) For 6 years we operated at 4J6. In the last two years we operated out of 4J6 we 

had police power close our business on 3 separate occasions. 

Our concern is that the use of police power without judicial review can limit the use of federally 

funded airports for general aviation purposes. 

The reason this was not submitted sooner is that we were using all of our resources to defend 

ourselves against allegations made to the FAA by the Saint Marys Airport Authority Board's 

attorney Jim Stein. Those allegations have been dismissed. (Page 7) 

We have been patient in working to assist officials within the FAA to understand FAA airspace. 

Now that the FAA office of Ryan Patanaphan does understand FAA airspace we will use Mr. 

Stein's allegations to further serve as documentation that we are being denied access to the 

St. Marys federally funded airport for the purpose of skydiving. 

Denial of Access to 4J6 

Lt. Johnny Guy believed the closing ofTJP to be a civil matter. (Page 17-19) Some police 

officers were willing to issue citations to US Army Rangers who were willing to land on either the 

airport or later, after access had been denied, onto our personal property at 127 Industrial Park 

Drive in St. Marys GA,. Prior to landing on the property it needed to be "cleared". We paid 

$500.00 to have the property made suitable for skydiving. The citation ... "reckless 

endangerment" issued to US Army Rangers landing on or next to this property by St. Marys 

T JP@JAX lnc.dba The Jumping Place 6 
police officers caused us to close our doors in St. Marys GA. Police action made this private 

property no longer suitable for our intended use. That intended use was solidified when in 2008 

the City of St. Marys imposed a $75.00 a year additional fee for just the stated purpose of 

housing our home and our retail skydiving business on this property. This information and the 

supporting documents assisted Ryan Pataphan's office in concluding that a dismissal of the 

allegations Jim Stein made was in order. 

The access to the airport 4J6 has been denied to me personally and my business T JP@JAX 

Inc. dba The Jumping Place on three separate occasions. The most recent denial of access 

began July 24, 2012. We were required to remove our property from the airport. Previous 

evictions would be rescinded after notification of the eviction was given to the United States 

Parachute Association and the FAA. (page 16) Then later, new "eviction notices" would be 

generated. To continue to operate in this environment without some documentation from the 

FAA that stops the police from removing our business from the area is no longer reasonable. 

Do not request that we fill another Part 13 complaint. That road has already been travelled . 

. Carol Comer's office paved the way to allowing the SMAAB to charge us over 10 times the fee 

Jay Stanford paid for a given amount of space. (pages 1 0-16) 

Even though we paid whatever the board requested, the police threatening to arrest our 

skydivers for skydiving onto a federally funded airport and onto our private property forced us to 

close our doors at 4J6. 

Part 13 Complaint. Carol Comer ruling on safety. 

Our part 13 complaint filed with Carol Comer's office was returned with Carol comer making a 

decision concerning the safety of our operation. The FAA has found us to be operating within 

the constraints of the FAR's. I am interested in the documents that transfer this authority to rule 

on safety from the Federal Aviation Administration (FAA~Carol Comer's office (GDOTdepartment of transportation).(page 1 0-16) :Po 

Although Ms. Comer did state that her ruling: 

"Based on the documentation provided to our office, it is the opinion of the Department Mhe 

City of St. Marys and the St. Marys Airport Authority are in compliance with Federal Grant 

Assurance No. 22, Economic Nondiscrimination. Therefore we consider this matter closed and 

recommend TJP@JAX Inc. continue to work with the City of St. Marys and St. Marys Airport 

Authority to resolve any outstanding matters. 

This is a preliminary evaluation and not a final agency action subject to judicial review." 

Approval to use the airport had been granted to TJP June 5, 2006 (pages 20-21). 

The St. Marys Airport Authority under the direction of Jay Stanford gave us only unusual 

contracts that no other operator on the field was required to sign. (page 20-27) I signed anyway. 

I paid whatever they came up with. The police threatened to arrest anyone skydiving onto the 

airport even though we had paid the fee. 

With police power eliminating the ability of TJP to deliver the product that we sell (skydiving) the 

SMAAB eliminated the ability for us to use the airport 4J6 for the general aviation activity of 

T JP®JAX lnc.dba The Jumping Place 7 
I 

skydiving that Grant Assurance 22 is required to insure. The further elimination of the use of our 

private property by US Army Rangers for the purpose of recreational skydiving is another matter 

entirely. 

Rear Admiral Scorby visits St. Marys GA-July 2012 

Rear Admiral Scorby's men have indicated that skydivers landing in the Kings Bay recreational 

complex to insure personal safety was not acceptable to them. "Skydivers cannot land on the 

base". The close proximity of the airport to the base and the legal requirement of not flying into 

P50 has caused some skydivers to find it necessary to insure their personal safety to land in the 

recreational complex of the military base. T JP aircraft are "spotted" for the airport and for our 

personal property as a landing area. The majority of the skydivers did land at the intended 

landing area each time that some skydivers were blown off course and found it necessary to 

land in the only clear space available to them. A baseball diamond in the recreational complex 

at Kings Bay Naval Station. ,(page 30) Each skydiver was shown a video that Commander 

William McKinney produce~o that our skydivers would understand the airspace near 4J6.~ 

has never been our intent to land skydivers on the Kings Bay Naval Station recreational 

complex or any other area of the base. Legally you cannot enter P50. We never have. 

Rear Admiral Scorby limiting the use of a federally funded airport. 

The Navy's representatives have voiced concern over the airport being located next to the 

base. Were this not enough to limit the use of the airport for general aviation purposes the 

method of governance in the City of St. Marys will further limit the desire of any aviation 

business interested in operating out of 4J6. 

After Jay Stanford as the SMAAB manager continued to use police power to close our doors 

Jay Stanford's business became and continues to be today the only commercial aviator actively 

flying and using the facilities at 4J6. This airport has only one commercial operator actively 

holding out to the public for aviation purposes. This operator is named Jay Jeffrey Stanford. 

Jay Jeffrey Stanford is also the Saint Marys Airport Authority Board manager. To continue to 

offer funding to this airport limits the use of funding in areas that use their airports for all general 

aviation. 

This is not just access being denied to skydivers. This is an airport that is federally funded that 

has one commercial operator actively holding out to the public and that operator has the exact 

same name as the Airport Authority Board manager who directly governs the facility. 

Thank you for your review. 

T JP@JAX lnc.dba The Jumping Place 8 
i' 

,_. 

U.S. Lh.::'pdrlrnrHli 

of Transportmion 

Federal Aviation 

Administration 

l 'athy Klt~es:--; 

Th~ J umpin~~ F'lace 

.:.:;:-:---. i 't 1,.1lh ,,, ~ -· 1 -~ o ~trt.·et 

Z~phyrhills, Florida 33542 

J(·ftr-~..::· l_i_td\<..·i~;! 

51 :'-'0 Bcl_l;,,n F.,XHi S(•uth 

Buihhn:.,: .~0(1 

Jacksonv1i k. Flurlda Y2256 

Re: FAA Case >Jo. 20l2SOl10t2-:· 

Dear :Vis. KJoess: 

After full consideration of the ahuvc--refererH::~;;1d ~"~"· indtt!l!t!!l 

infim1u\l conference held on J unt·- (i, 20 '! ~:;., nnd inll(wrnaJion ~>I! 

pursue a ·legai cnfi.Jrcerncnt action in \hi~' tasc, A~s .a l'esnlt •. tlt~ 

rcfCren(x~d enJbrcemL'tH uction, includjng 

2013, and the Amended r~oticc of Propry.;ed 

consider this tnaW.-;r closed. 

P.O. Box 20636 

Atlanta, Georgia 30320 

{ 404) 305·5200 

( 404) ~05,5223 FAX 
Keith Golden, P.E., Commissioner 

Ms. catherine Kloess, President 

TJP@JAX, Inc. 

573118th Street 

Zephyrhills Fl33542 

October 3, 2012 

GEORGIA DEPARTMENT OF TRANSPORTATION 

One Georgia Center, 600 West Peacl!tree Street, NW 

Atlanta, Georgia 30308 

Telephone: (404) 631-1000 

RE: Informal Part 13 Complaint filed by TJP@JAX, Inc. against the City of St. Marys, Georgia and the St. 

Marys Airport Authority- Filed: August 23, 2012 

Dear Ms. Kloess: 

The Georgia Department of Transportation Is delegated the responsibility to address Part 13 Informal 

Complaints on behalf of the Federal Aviation Administration (FAA) as a participant in its State Block 

Grant Program. The Department is in reoeipt of your complaint dated August 23, 2012 which alleges the 

City of St. Marys and the St. Marys Airport Authority is operating the airport in violation of Federal Grant 

Assurance No. 22, Economic Nondiscrimination. 

The complaint alleges the City of St. Marys (City) and the St. Marys Airport Authority (Authority) has 

economically discriminated against TJP@JAX, Inc. (TJP) by revoking the commercial operating permit for 

the skydive operation. Additionally, the complaint alleges a commercial operating permit is not levied on 

St Marys Aviation, the airport FBO. 

Based on our evaluation of the documents provided to the Department for review, the Authority's 

action to revoke the commercial operating permit due to safety concerns regarding TJP's skydiving 

operation is considered appropriate and within their rights to ensure the airport is operated in a safe 

and serviceable condition. The City has provided documentation of TJP's lack of oversight and 

institutional control while operating at the St. Marys Airport. There is documentation of eight (8) off-site 

skydive landings since 2007, four (4) being landings at the Naval Submarine Base Kings Bay, three (3) of 

which have occurred in the past 12 months. Documentation also shows TJP coordinated protest jumps 

in clear violation of a revoked operating permit, trespass warnings and in defiance of the airport's rules 

and regulations. This evaluation is in regards to TJP@JAX,Inc. skydiving operation at the St. Marys 

Airport only and does not provide the right or authority to restrict access to any other skydiving 

operation at the airport. 

An additional allegation made by the complaint states an operating permit is not levied on St. Marys 

Aviation, the airport FBO. Although the FBO is not assessed a commercial operating permit the FBO is 

required, through the standing lease with the Authority, to provide revenue directly to the 

Authority/City. These revenue requirements include monthly land lease payments, tie down fees and 

fuel flowage fees. TJP has no standing lease or other revenue requirements with the Authority/City and 

so TJP and the FBO are not considered similarly situated. Since TJP@JAX, Inc. and St. Marys Aviation are 

not considered similarly situated commercial operators, we regard the Authority's asses~ment of a 

commercial operating permit on TJP@JAX, Inc. and not on St. Marys Aviation as reasonable and as a 

means of ensuring the airport is as self-sustaining as possible. 
Ms. Catherine Kloess 

TJP@JAX, Inc Part 13 Informal Complaint- Filed 8/23/12 

October 3, 2012 

Page2 

Based on the documentation provided to our office, it is the opinion of the Department that the City of 

St. Marys and the St. Marys Airport Authority are in compliance with Federal Grant Assurance No. 22, 

Economic Nondiscrimination. Therefore we consider this matter closed and recommend TJP@JAX, Inc. 

continue to work with the City of St. Marys and St. Marys Airport Authority to resolve any outstanding 

matters. 

This is a preliminary evaluation and not a final agency action subject to judicial review. TJP@JAX, Inc. has 

the right to file an informal appeal of the Department's findings to the FAA Atlanta Airports District 

Office or submit a formal complaint to FAAs Office of Chief Counsel, Attention: FAA Part 16, Airports 

Proceeding Docket, AGC-610, Federal Aviation Administration, 800 Independence Avenue, Washington, 

DC20591. 

Regarding TJP@JAX, Inc. rights to appeal, questions or additional clarification, please contact Carla 

Sands, Acting Aviation Programs Manager at (404) 631-1323. 

Sincerely, 

~0::: CLC:cjs 

cc: Scott Seritt, FAA An ADO 

Chuck Garrison, FAA Regional Airports Office 

Hon. Bill Deloughy, Mayor, City of St. Marys 

Division of lntermodal 

Jay Stanford, Chairman, St. Marys Airport Authority 

Gary Moore, Attorney, City of St. Marys 
July 23, 2012 

Carol Comer 

Director of Aviation 

Georgia Department of Transportation 

One Georgia Center 

600 West Peachtree NW 

Atlanta, GA 30308 

Re: Informal Part 13 Complaint filed by TJP@JAX, Inc. 

against the City of St. Mary's, Georgia and the 

St. Mary's Airport Authority 

Dear Carol: 

This letter will constitute an informal complaint filed pursuant to 14 C.F.R Part 13 as it relates to 

discrimination and refusal to permit access to a federally funded airport facility, the actions have been 

taken by the City of Saint Marys, the Soint Marys' Airport Authority Board, and the Saint Marys' Police 

Department. TJP@JAX, Inc. has an existing lease with Bird Aviation (a provider of hanger space at the 

field) since June 5, 2006 when the then Airport Authority Board gave permission to begin skydiving 

operations at the field. This consent was given by the Airport Authority Board in the minutes from the 

meeting of June 5, 2006 and also included a temporary structure for a period of three years as will be 

shown in exhibit A. The temporary structure has since been taken down. 

On a specially called Airport Authority meeting on July 23, 20112, the Saint Marys Airport 

Authority Board ordered a suspension of skydiving operations for the 4"' time since April 9, 2012. On 

this occasion the Board cited that skydiving near Kings Bay Naval Station possess safety concerns. 

Pursuant to Chapter 14 of the FAA's Airport Compliance Manual (8190.6B) this is a direct violation of 

Federal Grant Assurance 22. According to 14.2 of the FAA's Airport Compliance Manual sponsors, 

... Will make its airport available as an airport for public use on 

reasonable terms without unjust discrimination to all types, kinds, and 

classes of aeronautical activities, including commercially aeronautical 

activities offering services to the public." 

This action taken by the Saint Marys' Airport Authority Board is in direct violation of 14.3 of 

8190.B stating, 

The FAA, not the sponsor, is the authority to approve or disapprove 

aeronautical restrictions based on safety and/or efficiency at federally 

obligated airports. 

11\ 
This is in place because the FAA has the required knowledge and information to make such 

determinations, and for 5 volunteers (The majority does not work in aviation or have FAA ratings) to 

supersede the FAA's Authority is in violation. The complete banning of skydiving has been found to be 

in violation of Grant Assurance 22 citing 14.4, section d, sub-section 

(2) Examples of restriction which the FAA has found were not justified 

for safety or efficiency under Grant Assurance 22(i) have included:, (d) A 

total ban on skydiving, when skydiving could be accommodated safely ... 

The Authority has put a total ban on skydiving not because of 

interference with the airport, but because skydivers may land off their 

intended dropzone. Any form of general aviation may have an 

emergency situation and be forced to use alternative areas. 

The Saint Marys Airport Authority Board is made up of 5 volunteers in the community; Jay 

Jeffrey Stanford is the head of this board. We also argue that skydiving and TJP@JAX, Inc. is being 

economically discriminated against. Jay Jeffrey Stanford (The Head of the Authority) directly governs his 

father Jeff Stanford, owner and operator of Saint Marys' Aviation. Saint Marys' Aviation is an FBO on 

the Saint Marys' Airport and they offer a flight school, fuel services, as well as a mechanic, and aircraft 

part sales. His father is asked to pay no commercial operation permit; we currently pay $400 a month 

for the right to operate commercially on the field. This is direct economic discrimination towards 

TJP@JAX, Inc. Jay Jeffrey Stanford (Head ofthe AAB) has targeted skydiving to pay a commercial 

operations permit, but not to include his father who runs a flight school and uses the runways just as we 

do, this would be a violation of Grant Assurance 22's guidelines on economic discrimination. Our permit 

will be included as Exhibit B. 

This permit we were forced to sign under duress of the Saint Marys' Police Department action 

on the weekend of July 28'h, threatening to arrest skydivers on the public field under the direct guidance 

of the Airport Authority Board as shown in Exhibit C. We were advised by GDOTthatthe language of 

the permit was acceptable, and we signed the Permit on August 2, 2012 in good faith after attending a 

meeting with the same intention on July 30, 2012 to attempt to come to a fair and reasonable contract. 

Exhibit D will be an attached audio recording of that meeting. Two authority board members Frank 

Drane and Frank Fresca, the Airport Authority Board Attorney, Jim Stein, and two members ofTJP@JAX, 

Inc., President, Catherine Kloess, and Vice President, Casey Kloess-Finley, were all in attendance. The 

Airport Authority Board said in the meeting that it was not a negotiation, it was a take it or leave it 

situation and that would be our only offer. 

During the meeting VP ofTJP@JAX, Inc. Casey Kloess-Finley presented questions to GDOT and 

the AAB in the Audio Tape about wording in the document such as, "1.b The Holder understands and 

agrees that runways, taxiways, and designated clearways NOT SPECIFICALLY SET FORTH IN THE 

DESIGNATED DROP ZONE are excluded as primary landing areas for skydivers. The Authority 

understands that there may be times when there may be inadvertent landings by skydivers not a part of 

the designated drop zone. However, repeated parachute landing in such areas, which is the sole 

/:3 
discretion of the Authority is considered excessive, may result in action taken by the Authority to 

deny Holder the continued use of the Designated Drop Zone and revocation of the Permit for its 

Skydiving Operation." Frank Drane told us to trust him, and that if we landing off field in excess 

(specifically citing 3 times in a month long period) that we would have a meeting with the committee to 

come to an accord to take corrective action. Casey also stated that the language overstepped their 

authority as an Airport Authority Board; as safety of general aviation is an FAA concern and for them to 

try to dictate terms are a violation of Federal law. The airways in the country our regulated by one 

authority, the FAA, and to empower an Airport Authority is in violation. The same was passed on by 

Catherine Kloess in an email to GDOT on July 30th a day after the meeting as is shown in exhibit E. 

Following completion of contract talks and a recommendation by GDOTto sign the permit, the Airport 

Authority Board, without our knowledge, decreased the dropzone by 66%. Two weeks later the Airport 

Authority is closing a skydiving business deemed safe by the same Authority two weeks prior and for 

the previous 6 years, because it is now unsafe. GDOT responded, and thought that the Authority would 

act in good faith, this is not the case. 

The Authority is closing our general aviation business because they deem it unsafe. We have 

operated since 2006 and had zero FAA Violations. They want us to guarantee that no skydiver will ever 

land on Kings Bay Naval Base again. We cannot guarantee that, just as Jay Stanford's Father cannot 

guarantee one of his student pilots will not cross into Prohibited Area SO, or the FAA cannot guarantee 

that an airplane will never crash in the United States. We operate a safe skydiving center, and have 

been doing so for 6+ years. After 9-11, the FAA and the Navy deemed skydiving and all other general 

aviation safe at Saint Marys Airport (4J6). Now, 11 years later, the Airport Authority Board, including Jay 

Stanford (His father in fact has a term in his contract that he will be financially reimbursed if the field is 

shut down or moved) is deeming the Airport too close to Kings Bay to continue safe operation. Banning 

skydiving or any other facet of general aviation is a direct violation of Federal Grant Assurance 22. 

For our company to remain viable we cannot be targeted and shut down every month because 

we are a skydiving related business. TJP@JAX, Inc. is asking for a quick and thorough review. lfthe Saint 

Marys' Aiport Authority Board's actions are in violation then we ask the GDOT and FAA to deem these 

actions in violation. If we are not allowed to continue uninterrupted operation, federal funding for this 

airfield should be removed, and all previous funding should be paid back into the general aviation fund. 

Thank you for your attention in this matter. 

Best regards, 

Casey Kloess-Finley 

VP TJP@JAX, Inc. 

Thejumpl@thejumpingplace.com 

(813)312-6008 

/4 
I, 

CC: Scott Seritt, FAA 

Atlanta Airport's District Office 

Catherine Kloess 

President TJP@JAX, Inc. 
2/12/2015 

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FW: FOIR- FW; Airport Special Meetin2.- thejumpinwtace@gmail.com- Gmail 

evicted 

Move to lnbox 

I lOIIi. OOC9 QIIU 'OIC9.DioU\&90tii1Uij'-'90-9Uv 

Date: Tue, Mar 5, 2013 at 8:43AM 

Subject: FW: FOIR- FW: Airport Special Meeting. 

To: "thejumpingplace@gmail.com" <thejumpingplace@gmail.com> 

From: Greg Bird 

Sent: Wednesday, February 27, 2013 8:55AM 

To: Deborah Walker-Reed 

Subject: FOIR- FW: Airport Special Meeting. 

From: Steve Crowell 

Sent: Tuesday, April 24, 2012 6:33PM 

M 

To: Bill Deloughy; Greg Bird; John Morrissey; Keith Post; Sidney Howell; Nancy Stasi, 

Subject: Airport Special Meeting. 

Briefly: At the Airport Authority (AA) Special meeting tonight the AA voted to rescind th 

to the Jumping Place; thus presumably allowing skydiving at Airport. The AA indicatec 

Jumping Place on an agreement to allow the use of a drop zone for skydiving. Thanks 

Sent from my BlackBerry® smartphone 

www.blackberrv.com 

Cathy 

912 322 7282 

thejumpingplace@gmail.com 

127 Airport Rd. 

Statesboro, GA 30461 

KTBR 

https:l/mail.google.com/maiUu/O/?shva=l#apps/evictedln50/I3d3acadl4845486 Ill 
2112/2015 Gmail - FW: Letter of Request lCO J Stien, Attorney-At-Law 

Good Morning, 

I have attached the documents received from Mr. Stein. Could you please foJWard these to the City Attorney. 

I have spoken to Ms Kloess about the warning she was issued and informed her the Police Department will not be 

taking any action until directed to do so by Chief Hatch or the City Attorney determines that the department has a 

legal standing to act upon his request. 

This matter has come up in the past and the department has taken no action, as it appears to be a civil matter 

between Ms Kloess and the current Airport Authority group • 

Thank you for your assistance. 

Lt Johnny Guy 

CID Commander 

St. Marys P. D. 

563 Point Peter Road 

St. Marys, Ga 31558 

Direct: (912) 510-0436 

Office: (912) 882-4345 

Fax: (912) 882-6834 

Cell: (912) 322-8536 

Email: Johnny. Guy@stmarysga.gov 

CONFIDENTIALITY NOTICE: This message is intended only for the use of the individual or entity to which it is 

addressed and contains information that is privileged, confidential or exempt from disclosure under applicable law. If 

the reader of this message is not the intended recipient or the employee or agent responsible for delivering the 

message to the intended recipient, you are now on notice that you are strictly prohibited from printing, storing, 

disseminating, distributing or copying this communication. If you have received this communication in error, please 

notify us immediately by replying to this message and deleting it from your computer. 

From: Steve Crowell 

Sent: Wednesday, July 25, 2012 4:20 PM ,a\-;_ 

To: Johnny Guy f (j"'r 

Cc: Tim Hatch; Steve Crowell 

Subject: RE: Letter of Request ICO J Stien, Atttorney-At-Law 

https://mail.google.comlmaillu/OI'Jni=2&ik=af2ec9cbcf&view=pt&q=james%20stien&psize=50&pmr:=100&pdr=50&search=apps&msg=l38c3985f0ce89dd&sirnl=... 2/4 
2/12/2015 Gmail- FW: Letter of Request ICO J Stien,Attomev-At-Law 

I tend to agree with your assessment. The airport authority is not the owner, but has a lease. So I would agree with 

your recommendation to seek legal cla~ification from the City Attorney. Seems like the owner (i.e. the City not the 

Authority) would need to make the request. This is a contentious issue. Not sure what the Georgia notification and 

posting standard is for criminal trespass. 

From: Johnny Guy 

Sent: Wednesday, July 25, 2012 4:06 PM 

To: Tim Hatch 

, Cc: Margaret Brown; Steve Crowell 

Subject: Letter of Request ICO J Stien, Atttorney-At-Law 

Chief Hatch, 

Good Afternoon. I am forwarding documents received today from the Law Office of Stein & Guy, P. C. 

From reviewing the letter and the attachments it would appear Mr Stein is acting on behalf of the Airport Authority and 

desires the Police Department to remove and cite any sky diver who uses property belonging to the airport as a jump 

landing zone. 

The only action I see the department can take would be to respond to any service call involving a complaint of criminal 

trespass by someone associated with the airport who has the authority to act as an agent for the Airport AUthority. As 

there is no information to demonstrate that each individual who uses airport property as a jump landing zone has been 

issued a warning by appropriate authority. 

As forMs Kloess she has authority to on the property, so she can only be cited as a party to the crime when it meets 

the standard. 

Furthermore I believe once warned and the individual violates the waringin issued, then the individual would have to 

be arrested via a criminal warrant if charges are to be filed against Ms Klosess, because the City Ordanances do not 

cover "Party to a Crime". 

My recommendation would be to forward the attachement to the City Attorney or follow standard protocoil when 

dealing with a criminal trespass complaint.. 

Respectfully, 

Lt Johnny Guy 

CID Commander 

St. Marys P.D. 

563 Point Peter Road 

https:/lmail.google.comfmail/u!O/?ui;:;;2&ik=af2ec9cbcf&view=pt&q=james%20stien&psize=50&pmr=l00&pdr=5,()&search::::apps&msg;:;:l38c3985f0ce89dd&siml=... 3/4 
Rhonda Thornton 

To; 

Subject: 

James E. Stein 

FW: Airport Authority's request 

--------------------·····--·-·----------------------·-·-··--·-··-----------------------"··· 

From: Tim Hatch [mailto:Tim.Hatch@stmarysga.govl 

Sent: Friday, July 27, 2012 5:42 PM 

To: stein3@t!ls.net 

CC:: Gary Moore (GMoore@tosdaw.com); Steve Crowell; Margaret Brown 

SUbject: Airport Authority's request 

Mr. Stein, 

In reference to our earlier telephone conversation: 

1. The City Manager and I spoke to the City Attorney via phone and determined that the St. Marys Police will 

enforce the Criminal Trespass violations of skydivers landing on St. Marys Airport property. (The enforcement of 

this code will be against individual skydivers who are found to be trespassing, not the 

owners/operators/employees of "The Jumping Place.") 

2. Skydivers who are caught trespassing in this manner will first receive a warning from the Police Department. 

3. Second or subsequent violations by the same person will result in Criminal Trespass charges being filed. 

4. The enforcement efforts described above will commence once the Airport Authority places a clearly visible sign 

at the entrance to the airport warning skydivers that anyone caught skydiving from businesses/aircraft that are 

not permitted to operate at the St. Marys Airport will be considered to be trespassing if they land on Airport 

property. (If you wantto discuss the wording of this sign, I will be glad to provide my input.) 

5. Typically, we do not automatically enforce trespassing issues without a complainant for each incident. 

Therefore, each incident should be reported to the Camden County Emergency Dispatch Center in order to have 

a police unit dispatched to handle the call. These reports can be made by calling either912-729-1442 or 9-l-l. 

If you have any questions regarding this issue, please let me know. 

Respectfully, 

ChiefTim Hatch 

1 
c 

Exhibitj\; 

DRAFT 

St. Marys Airport Authority 

Minutes 

June 5, 2006 

Dick Russell called the meeting to order at 6:03pm at the St. Marys Library. 

Attendees· . Present 

Greg Moore 

Paul No ore ...J 

Dick Russell ...J 

Jim Steele ...J 

Steve Swanson ...J 

And members of the publ1c. 

Absent 

...J 

Jim Steele moved to approve previous meeting's minutes dated April3rd and May lst, 2006. 

Paul Moore seconded 

UNANIMOUSLY PASSED. 

Treasurers Report balance sheet was not available. 

Jim Steele moves and amends as follows: 

to approve S1:ydive for temporary location of the structure, location to be-determined. That SMAA enter 

into a contractual agreement for leasing airport property to Skydive for that purpose. That the rate be set at 

$25 per month for the structure, and 1he understanding that additional $30 per month will be paid for 

tie down of its aircraft via the FBO, and 1hat the business will sublet from Bird Aviation. This lease shall be 

for a term of 6 months rcncwabJc for up to 3 years. 

Steve Swanson seconded. 

UNANIMOUSLY PASSED. 

Paul Moore moves to adjourn. 

Steve Swanson seconded. 

Meeting was adjourned at 7:12pm local lime. 

*Transcribed from audio tape. 

DRAFT 
19June2012 

To whom it may concern: 

In accordance with the requirements of FAA Federal Aviation 

Regulations (FARS, 14CFR) Part 105, Sections 23, Parachute 

Operations Over or Onto Airports, Cathy Kloess, dba The Jumping 

Place, was granted approval to conduct parachute operations over 

and on the St. Marys Airport (4J6), located in St Marys, GA, by the 

St. Marys Airport Authority on 5 June 2006. 

I certify that I was the chairman of the St. Marys Airport Authority on 

the date approval was granted and that approval was granted by 

unanimous vote of the Authority. 

-~ "/~ / I / )J- ~· JJ 

,/ \~· (\ ~~~ 

Richard C:- Russe~ i 

The above document was signed in my presence on .. j lAD\? 1 'i, .;zo 1 ;)_ 

, n. I -- J. r~ r 

'--- I \ f!Q i.U 0\ '-1 f\A'\J!C\L~ 

Notary Public ~ 
Exhibit. j) 

Comm~J ACc.-e6s PERMIT rtJ __ _ THIS PERMIT rs granted and entered into thisjbday of .J 1

-_.t_.{:jj; , 2012, by and 

between the St. Marys Airport Authority, a duly authorized authori f the State of 

Georgia, hereinafter referred to as the "Authority" and Cathy Kloess, d/b/a The Jumping 

Place, hereinafter referred to as the "Holder". 

WHEREAS, Holder, is the operator and owner of a commercial skydiving business and 

desires to use a certain portion of the St. Marys Airport, hereinafter referred to as the 

"Airport", to skydive onto; and 

WHEREAS, the Authority is willing to grant Holder a non-exclusive drop zone permit at 

the Airport, but only on the terms and conditions hereinafter stated and in compliance 

with the 2006 St. Marys Airport Minimum Standards, Section 11, including any other 

Minimum Standards provided for therein that are applicable to Holder's commercial 

skydiving business. 

NOW THEREFORE, in consideration of the mutual terms and conditions set forth in this 

Permit agreement the Authority and Holder hereby agree as follows: 

1. Permitted Drop Zone. Pursuant to FAA Advisory Circular No. 150/5190-7 and 

Advisory Circular No. 1 05-20 the Authority establishes and designates the area set 

forth and illustrated on "Exhibit A 1 & 2" attached hereto and hereinafter referred to 

as the "Designated Drop Zone" for parachutist classified as Student, and Class A, B, 

C and D by the United States Parachute Association's (USPA). 

a. The Authority hereby grants Holder the non-exclusive right to use the Designated 

Drop Zone for its parachute landings, hereinafter referred to as "Skydiving 

Operations". The Holder accepts and agrees to confine its Skydiving Operations 

to this Designated Drop Zone, which shall be the primary landing area for 

Holder's skydivers. The rights of the Holder to use the Designated Drop zone 

shall at all-time be subject to the rights of others to use the same in common with 

the Holder and Holder agrees not to unreasonably and unnecessarily interfere 

such rights. 

b. The Holder understands and agrees that runways, taxiways, and designated 

clearways NOT SPECIFICALLY SET FORTH IN THE DESIGNATED DROP 

ZONE are excluded as primary landing areas for skydivers. The Authority 

understands that there may be times when there may be inadvertent landings by 

skydivers in areas not a part of the designated drop zone. However, repeated 

parachute landings in such areas, which in the sole discretion of the Authority is 
considered excessive, may result in action taken by the Authority to deny Holder 

the continued use of the Designated Drop Zone and revocation of the Permit for 

its Skydiving Operations. 

c. All Skydiving Operations within the Designated Drop Zone shall be conducted in 

a safe, orderly and proper manner and in strict compliance with all current and 

future Federal Aviation Regulations (FARs), USPA's Basic Safety Requirements 

(BSRs) and St. Marys Airport Minimum Standards. It is specifically understood 

and agreed to by Holder that violations of Section 2-1H of USPA's BSRs, Drop 

Zone Requirements, and any amendments thereto shall be deemed to be serious 

safety violations under the terms of this Agreement and shall subject this Permit 

to immediate termination or suspension by the Authority. 

d. Holder acknowledges that neither the Authority nor its representatives have 

made any representations or warranties of any nature whatsoever regarding the 

Drop Zone or Airport including, without limitation, the suitability of the Drop Zone 

for Holder's intended use thereof. 

e. When conducting its Skydiving Operations at the Airport, Holder agrees to 

arrange for its own company communication system, using appropriate 

frequencies and refrain from using the Unicorn frequency for Holder's business 

communications. 

2. Term. The term of this agreement will be for ninety (90) calendar days beginning 

on {h~ f st- 2 0 1 z: and it will be automatically extended by ninety (90) 

additio I calendar days on and at the end of each 

ninety (90) calendar day period thereafter, unless thirty(30) calendar days prior to its 

anniversary date of or thirty (30) calendar days prior 

to any subsequent anniversary date thereafter, either party gives timely notice of its 

intention to terminate this agreement. 

3. Permit Fee. In consideration of the rights and privileges granted by the Permit, 

Holder agrees to pay Authority the permit fee of four hundred dollars ($400.00) per 

month. Such permit fee shall be payable on the first business day of each month and 

shall be payable to the St. Marys Airport Authority. Holder acknowledges and agrees 

that the Permit Fee established by the Authority hereunder is fair, reasonable and 

nondiscriminatory. 

4. Use of Airport. The reasonable use of the Airport is granted to Holder, its 

employees, passengers, guests, patrons, and invitees, in common with other duly 
authorized users of the Airport and its appurtenants together with all other facilities 

and improvements which have been or may hereafter be provided for public use in 

connection with the Airport. Holder agrees it shall not permit its Skydiving Operation 

to unreasonably or unnecessarily interfere with such other authorized users. 

5. Insurance and Indemnification. Holder shall obtain and maintain continuously in 

effect at all times during the term of this Permit, at Holder's sole expense, 

Comprehensive General Liability insurance with a Combined Single Limit of not less 

than One Million Dollars ($1 ,000,000) per occurrence protecting the Authority 

against any and all liability by reason of Lessee's conduct incident to the use of the 

Airport as allowed herein. Holder shall specifically protect the Authority by naming 

the Authority as an additional insured under such Comprehensive General Liability 

insurance. It is the responsibility of the Holder to keep the required insurance in full 

force and effect and provide such evidence to the Authority or the City of St, Marys 

annually and upon request by either of them, at any time during the term of this 

Permit. 

6. Airport Minimum Standards. Holder shall comply with the Airport's Minimum 

Standards, Section 11, including any other Minimum Standards provided therein that 

are applicable to Holder's commercial skydiving business and other activities at the 

Airport unless excused from such compliance, in writing, by the Authority. The 

Holder.understands and agrees that such Minimum Standards may be amended 

from time to time by the Authority and agrees to such amendments that are 

applicable to Holder's Skydiving Operations or other activities at the Airport. 

7. Release of Liability and Indemnification Agreement. Holder agrees to continue to 

require each parachutist who will be participating in its Skydiving Operation, 

including, but not limited to, Holder and its employees, contractors and customers, 

on the Airport to execute the Release of Liability and Indemnification Agreement 

attached hereto as Exhibit B and hereinafter referred to as the "Authority Release 

Agreement". Holder shall not allow a parachutist to participate in Skydive Operations 

unless an Authority Release Agreement has been executed by the parachutist. 

8. Compliance with Laws. Holder, its employees and invitees shall at all times comply 

with applicable federal, state and local laws and regulations while on, visiting or 

using the Airport. Holder specifically agrees that Holder's Skydiving Operations on, 

from, over and onto the Airport and all its other activities at the Airport shall be in 

strict compliance with all applicable federal, state and local laws and, including, but 

not limited to all current and future applicable FARs, and USPA's BSRs. 
9. Indemnification. Holder agrees to protect, defend, reimburse, indemnify and hold 

the City of St. Marys, Authority, its agents, employees and officers and each of them 

collectively, "Indemnities" free and harmless at all times from and against any and all 

claims, liability, expenses, losses, costs, fines and damages (including, without 

limitation, reasonable attorney fees and cost incurred prior to trial, at trial and on 

appeal) and causes of action of every kind and character, known or unknown, 

arising from Holder's Skydiving Operation, its employees, agents, contractors or 

invitees against any of the Indemnities by reason of (i) any damage to property or 

the environment, including any contamination of Airport property such as, but not 

limited to, soil or storm water by fuel, gas, chemicals or other substances deemed by 

the Federal Environmental Protection Agency ("EPA") to be environmental 

contaminants at the time this Permit is executed or as may be redefined by the 

appropriate regulatory agencies in the future or (ii) bodily injury (including death) 

incurred or sustained by person, arising out of or incident to or in connection with 

this Permit Compliance with the insurance requirements set forth in paragraph 5 

above shall not relieve Holder of its liability or obligation to indemnify Indemnities as 

set forth in this paragraph. 

10. Termination. The Permit shall be subject to termination by either party in the event 

there is an abandonment of the Airport as an Airport or airfield. The Authority may 

immediately terminate, revoke or suspend this Permit in the event Holder fails to 

make timely payment of the rent or violates any terms, conditions or provisions of 

this Permit Provided, however, in the event of a default or violation of any of the 

terms and conditions of this Permit, involving matters that are not determined to be 

unsafe or dangerous by the Authority, in its sole discretion, Holder shall be given 

written notice of such default or violation and shall have ten (10) calendar days 

following receipt of such notice to correct the default or violation. 

11.Governing Law, Venue and Attorney's Fees. This agreement is to be construed in 

accordance with the laws of the State of Georgia. Venue shall be Camden County 

Georgia, or the Southern District of the United States for the State of Georgia. In the 

event of any litigation between the parties regarding the breach and/or of the Permit, 

the prevailing party shall be entitled to its reasonable attorney's fees and cost, 

including fees and cost at the appellant level, from the non-prevailing party as 

determined by a court of competent jurisdiction. 

12. Transfer or Assignment. Holder shall not have the authority to transfer or assign 

any rights to this Permit without the prior written approval and consent of the 

Authority. Any such transfer in violation of the terms of this prohibition shall be 
grounds for termination of this Permit by the Authority pursuant to the provisions of 

default as set forth in paragraph 10 of this Permit. 

13. Structure Limitation. The Holder is expressly prohibited from installing any 

fixtures, buildings, structures of any nature whatsoever or making any alterations or 

improvements to any property of the Authority unless it receives written permission 

from the Authority. 

14. Disclaimer of Liability. Authority hereby disclaims, and Holder releases 

Authority, from any and all liability, whether in contract or tort (including strict 

liability, negligence and nuisance) for any loss, damage or injury of any nature 

whatsoever sustained by Holder, its employees, agents or invitees prior to the 

date of this Permit. During the term of this Permit or any extension hereof, 

Holder releases Authority, from any and all liability, whether in contract or tort 

(including strict liability, negligence and nuisance) for any loss, damage or 

injury of any nature whatsoever sustained by Holder, its employees, agents or 

invitees including but not limited to loss, damage, or injury to personal 

property of Holder or Holder's invitees that might be located or stored at the 

Airport, unless such loss, damage or injury is caused by Authority's 

negligence. The parties hereto expressly agree that under no circumstances 

shall the Authority be liable for indirect, consequential, special, or exemplary 

damages whether in contract or tort, including strict liability, negligence and 

nuisance such as, but not limited to loss of revenue or anticipated profits or 

any other damage related to the Holder's Skydive Operation allowed under 

this Permit. The Authority may at any time and from time to time close all or 

any portion of the Drop Zone to abate or rectify a condition determined to be 

unsafe or dangerous by the Authority in its sole discretion; for maintenance; 

and for public safety or security of the Airport as determined necessary in the 

sole discretion of the Authority. In the event the drop Zone is closed, Holder 

agrees that the Authority shall not be liable of and Holder waives, any claims 

for lost profits, economic losses or other consequential damages. 

15. No Exclusive Rights. Notwithstanding anything contained in this permit to the 

contrary, it is understood and agreed that the rights granted under this Permit are 

nonexclusive and that the Authority may grant similar privileges to another Aviation 

related business, including, but not limited to, another commercial skydiving 

business. 

16. Notices. Whenever either party desires to give notice to the other, such notice must 

be in writing, sent by certified mail, postage prepaid, return receipt requested, or by 
overnight courier with receipt acknowledgement, or by witnessed hand-delivery, 

addressed to the party for whom it is intended at the place specified herein until 

changed in writing in the manner provided in this paragraph. As of the date of this 

Permit, the parties designate their addresses as follows: 

For Authority For Holder 

17 .Severability. In the event that any section, paragraph, sentence, clause or provision 

of the Permit is held by a court of competent jurisdiction to be invalid, such shall not 

affect the remaining portions of this Permit and the same shall remain in full force 

and effect. 

IN WITNESS WHEREOF, the parties have executed this Permit as of ___ _ 

day of , 2012. 

By:--------

Chairman 

St. Marys Airport Authority 

By:---------

Cathy Kloess 

D/B/A The Jumping Place 

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