# RECEIVED APR 22015 PART 16 DOCKETS


# Part 16 Complaint Denied Access

for Skydiving 4J6 

# August 2012
Submitted Feb 2015

TJP@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 

### 2JAMES 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 OVERNIGHTllELIVERY: 52 CAMDENWOODS 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 ofThe Jumping Place is trespassing on to the Airport property. Cathy Kloess and/or the agents ofThe Jumping Place are not prohibited from using the property for general aviation purposes, but as stated, or notto allow the sky divers to land on the property and aretrespassing. It is requested that any person in violation will be removed and cited ortrespass 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 18th St. Zephyrhills, FL 33542 912 322 7282 thejumpingplace@gmail.com
Attention: FAA Part 16Airport Proceedings Docket AGC-610 Federal Aviation Administration 800 Independence Ave., SW Washington DC 20591 I hereby certifythat 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 JayJeffrey Stanford St. MarysAviation 400 N Dandy St St. Marys, GA31558-9107 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, GA31548 Phone: (912) 729-3635
TJP®JAX lnc.dba The Jumping Place 

### 5Further it is being filed with the City of St. Marys as the owner ofthe 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. TJP@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 TJP@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 thatthe use of police power withoutjudicial 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 MarysAirportAuthority 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 thatthe 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

TJP@JAX lnc.dba The Jumping Place 

### 6police 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 ofthe allegations Jim Stein made was in order. The access to the airport 4J6 has been denied to me personally and my business TJP@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 ofthe 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 oftransportation).(page 10-16) :Po Although Ms. Comer did state that her ruling: "Based on the documentation provided to our office, it is the opinion ofthe DepartmentMhe 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. MarysAirport 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 

### 7I skydiving that GrantAssurance 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. TJP 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 JayJeffrey Stanford. Jay Jeffrey Stanford is also the Saint MarysAirport 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

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**~05,5223**FAXKeith Golden, P.E., Commissioner

Ms. catherine Kloess, President TJP@JAX, Inc. 573118th Street Zephyrhills Fl33542 October3, 2012 GEORGIA DEPARTMENT OF TRANSPORTATION One Georgia Center, 600WestPeacl!tree Street, NW Atlanta, Georgia 30308 Telephone: (404) 631-1000

RE: Informal Part 13 Complaintfiled byTJP@JAX, Inc. against the City ofSt. Marys, Georgia andthe St. MarysAirportAuthority- Filed: August 23, 2012 Dear Ms. Kloess: The Georgia Department ofTransportation 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 

### ofyourcomplaint dated August 23, 2012 which alleges the City ofSt. Marys and the St. Marys AirportAuthority is operatingthe airport inviolationof 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 againstTJP@JAX, Inc. (TJP) by revoking the commercial operating permitfor the skydive operation. Additionally,the complaintalleges a commercialoperating permitis notleviedon 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 atthe St. Marys Airport. There is documentation ofeight (8) off-site skydive landings since 2007, four (4) being landings atthe Naval Submarine Base Kings Bay, three (3) of which have occurred in the past 12 months. Documentation also showsTJP coordinated protestjumps in clear violation ofa revoked operating permit, trespass warnings and in defiance ofthe 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 attheairport. 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 orother revenue requirements with the Authority/City and so TJP and the FBO are notconsidered similarly situated. Since TJP@JAX, Inc. and St. MarysAviation 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 ofensuring the airport is as self-sustaining as possible.Ms. Catherine Kloess TJP@JAX, Inc Part 13 Informal Complaint- Filed 8/23/12 October3, 2012 Page2
Based on the documentation provided to our office, it is the opinion ofthe Department thatthe 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 notafinal agency action subjecttojudicial 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 Managerat (404) 631-1323. Sincerely,



# ~0::: CLC:cjs
cc: Scott Seritt, FAA AnADO Chuck Garrison, FAA Regional Airports Office Hon. Bill Deloughy, Mayor, CityofSt. Marys Division of lntermodal

Jay Stanford, Chairman, St. Marys Airport Authority Gary Moore, Attorney, City ofSt. MarysJuly 23, 2012 Carol Comer Director ofAviation Georgia Department ofTransportation One Georgia Center 600 West Peachtree NW Atlanta, GA 30308 Re: Informal Part 13 Complaintfiled byTJP@JAX, Inc. againstthe City ofSt. Mary's, Georgia and the St. Mary'sAirportAuthority Dear Carol: This letterwill constitute an informal complaintfiled pursuantto 14C.F.R Part 13 as it relates to discrimination and refusal to permitaccess to afederallyfunded airportfacility, the actions have been taken bythe City ofSaint 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 atthe field) since June 5, 2006 when thethen AirportAuthority Board gave permission to begin skydiving operations atthefield. This consentwas given bythe AirportAuthority Board inthe minutesfrom the meeting ofJune 5, 2006 and also included atemporary structure for a period ofthree years as will be shown in exhibitA. 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 ofskydiving operations forthe 4"'time since April 9, 2012. On this occasion the Board cited that skydiving near Kings Bay Naval Station possess safety concerns. Pursuantto Chapter 14ofthe FAA's Airport Compliance Manual (8190.6B) this is a directviolation of Federal GrantAssurance 22. Accordingto 14.2 ofthe FAA's Airport Compliance Manual sponsors,

...Will make its airportavailable as an airportfor public use on reasonable terms without unjust discrimination to all types, kinds, and classes ofaeronautical activities, including commercially aeronautical activities offering services tothe public." This action taken bythe Saint Marys' Airport Authority Board is in directviolation of 14.3 of 8190.B stating, The FAA, notthe sponsor, is the authorityto approve or disapprove aeronautical restrictions based on safety and/or efficiency atfederally 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 notwork in aviation or have FAA ratings) to supersede the FAA's Authority is in violation. The complete banning ofskydiving has been found to be in violation ofGrantAssurance 22 citing 14.4, section d, sub-section (2) Examples of restriction which the FAA has found were notjustified forsafety 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 withthe airport, but because skydivers may land offtheir intended dropzone. Anyform ofgeneral aviation may have an emergency situation and be forced to use alternative areas. The Saint Marys AirportAuthority Board is made up of5 volunteers in the community; Jay JeffreyStanford isthe head ofthis board. We also argue thatskydiving and TJP@JAX, Inc. is being economically discriminated against. JayJeffrey Stanford (The Head ofthe Authority) directlygoverns his fatherJeffStanford, owner and operator ofSaint Marys' Aviation. Saint Marys'Aviation is an FBO on the Saint Marys'Airportandtheyoffer a flightschool, fuel services, as well as a mechanic, and aircraft partsales. His father is asked to pay no commercial operation permit; we currently pay $400 a month forthe rightto operate commercially on the field. This is directeconomicdiscriminationtowards TJP@JAX, Inc. Jay Jeffrey Stanford (Head oftheAAB) has targeted skydivingto pay a commercial operations permit, but notto include his fatherwho runs aflight school and uses the runwaysjustas we do, this would be a violation ofGrantAssurance 22's guidelines on economic discrimination. Our permit will be included as Exhibit B. This permitwe wereforced to sign under duress ofthe Saint Marys' Police Department action on the weekend ofJuly 28'h, threatening to arrestskydivers on the public field underthe direct guidance ofthe Airport Authority Board as shown in Exhibit C. We were advised by GDOTthatthe language of the permitwas acceptable, and we signed the Permit on August2, 2012 in good faith afterattending a meetingwiththe same intention on July 30, 2012to attemptto come to a fair and reasonable contract. Exhibit D will be an attached audio recording ofthat meeting. Two authority board members Frank Drane and Frank Fresca, the AirportAuthority Board Attorney, Jim Stein, and two members ofTJP@JAX, Inc., President, Catherine Kloess, and Vice President, Casey Kloess-Finley, were all in attendance. The AirportAuthority Board said in the meetingthat itwas nota negotiation, itwas atake itor leave it situation and thatwould be our only offer. Duringthe meeting VP ofTJP@JAX, Inc. Casey Kloess-Finley presented questions to GDOT and the AAB in the AudioTape aboutwording in the documentsuch as, "1.bThe 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 forskydivers. The Authority understandsthatthere may be times when there may be inadvertent landings by skydivers not a part of the designated dropzone. 

### However, repeated parachute landing in such areas, which is the sole 

# /:3discretion oftheAuthorityis considered excessive, may result in actiontaken bytheAuthorityto deny Holderthe continued use ofthe Designated Drop Zone and revocation ofthe Permitfor its Skydiving Operation." Frank Drane told ustotrust him, and that ifwe landing offfield in excess (specifically citing 3times in a month long period) thatwe would have a meeting withthe committee to come to an accord totake corrective action. Casey also stated thatthe language overstepped their authority as an Airport Authority Board; as safety ofgeneral aviation is an FAA concern and forthem to tryto dictateterms are aviolation of Federal law. The airways in the country our regulated by one authority, the FAA, and to empower an AirportAuthority is in violation. The same was passed on by Catherine Kloess in an email to GDOT onJuly 30th a day afterthe meeting as is shown in exhibit E. Following completion ofcontracttalks and a recommendation by GDOTto sign the permit, the Airport Authority Board, without our knowledge, decreased the dropzone by 66%. Two weeks laterthe Airport Authority is closing a skydiving business deemed safe by the same Authority twoweeks prior and for the previous 6years, because it is now unsafe. GDOT responded, and thoughtthatthe Authoritywould act in good faith, this is notthe case.

The Authority is closing ourgeneral aviation business because they deem it unsafe. We have operated since 2006and 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 ofhis student pilots will notcross into Prohibited Area SO, orthe 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. After9-11,the FAA and the Navy deemed skydiving and all othergeneral aviation safe atSaint Marys Airport (4J6). Now, 11years later,the AirportAuthority Board, including Jay Stanford (His father in fact has aterm in his contractthat he will be financially reimbursed ifthe field is shut down or moved) is deemingthe Airporttoo close to Kings Bay to continue safe operation. Banning skydiving or any otherfacet ofgeneral aviation is a directviolation of Federal GrantAssurance 22. For our companyto 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'AiportAuthority Board's actions are in violation then we askthe GDOT and FAA to deem these actions in violation. Ifwe are notallowed to continue uninterrupted operation, federal funding forthis airfield should be removed, and all previousfunding should be paid back intothe general aviation fund. Thank you foryour attention in this matter. Best regards, Casey Kloess-Finley

VP TJP@JAX, Inc. Thejumpl@thejumpingplace.com (813)312-6008


# /4I, CC: ScottSeritt, FAA Atlanta Airport's District Office Catherine Kloess PresidentTJP@JAX, Inc.2/12/2015



## Gmail

lnbox (780) Important Sent Mail Drafts (12) Spam (129) Circles [lmap]!Drafts

Search people
... Ted Kruger II Tuvayas DuckWorth Bryon Long Casey Kloe$s-Finl... Catherine Kloess Diane Maurer Gene Bland Guinevere Ashley 

# D 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: Atthe Airport Authority (AA) Special meeting tonight the AAvoted to rescind th to the Jumping Place; thus presumably allowing skydiving atAirport. The AA indicatec Jumping Place on an agreementto allowthe use ofa drop zone for skydiving. Thanks Sentfrom 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 Ill2112/2015 Gmail - FW: Letter ofRequest lCO JStien,Attorney-At-Law Good Morning,



### I have attached the documents received from Mr. Stein. Couldyou please foJWard these to the CityAttorney.



### I have spoken 

## to Ms Kloess about the warning she was issuedandinformed her the Police Department will notbe taking anyaction until directed to do so by ChiefHatch orthe CityAttorneydetermines that the departmenthas a legalstanding to actupon his request.

This matterhas come up in thepastand the departmenthas taken no action, as itappears to be a civil matter between Ms Kloess and the currentAirportAuthoritygroup •

Thank you foryourassistance.

LtJohnny Guy CID Commander St. Marys P. D. 563 Point PeterRoad 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
CONFIDENTIALITYNOTICE: This message is intended onlyforthe use ofthe individual orentityto which itis addressedand contains information thatisprivileged, confidential orexemptfrom disclosure underapplicable law. If the readerofthis message is not the intended recipient orthe employee oragentresponsible fordelivering the message to the intended recipient, you are nowon notice thatyou are strictlyprohibitedfrom printing, storing, disseminating, distributing orcopying this communication. Ifyou have received this communication in error, please notifyus immediatelyby replying to this message and deleting it from yourcomputer.



### 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=... 2/42/12/2015 Gmail- FW: Letter ofRequestICO JStien,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 seeklegal

**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


### ChiefHatch,
GoodAfternoon. I am forwarding documents received todayfrom the Law Office of Stein & 

### Guy, P. C.


### From reviewing the letterand the attachments it wouldappearMrStein is acting on behalfofthe AirportAuthorityand desires the Police Departmentto remove andcite anyskydiver who usespropertybelonging to the airportas ajump landingzone.
The onlyaction I see the departmentcan take wouldbe to respond to anyservice callinvolving a complaintofcriminal trespass bysomeone associated with the airport who has the authority to actas an agent for the AirportAUthority. As there is no information to demonstrate thateach individual who uses airportpropertyas ajump landingzone has been issueda warning byappropriate authority.

As forMs Kloess she has authority to on the property, so she can onlybe citedas apartyto the crime when itmeets the standard.

Furthermore I believe once warnedand the individual violates the waringin issued, then the individual wouldhave to be arrested via a criminal warrantifcharges are to be filedagainstMs Klosess, because the City Ordanances do not cover "Party to a Crime". Myrecommendation wouldbe to forward the attachementto the CityAttorneyorfollowstandardprotocoil 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: AirportAuthority'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 ourearliertelephone conversation: 1. The City Managerand Ispoke tothe City Attorneyvia phone and determined thatthe St. Marys Police will enforce the Criminal Trespass violations ofskydivers landing on St. Marys Airport property. (The enforcement of this code will be against individual skydivers who arefound to be trespassing, notthe owners/operators/employees of"The Jumping Place.") 2. Skydivers who are caught trespassing in this mannerwill first receive awarning from the Police Department. 3. Second orsubsequentviolations bythe same person will result in Criminal Trespass charges being filed. 4. The enforcement efforts described above will commence once theAirport Authority places aclearlyvisible sign atthe entrance tothe airportwarning skydivers thatanyone caught skydiving from businesses/aircraftthat are not permitted tooperate atthe St. Marys Airport will be considered to be trespassing ifthey land on Airport property. (Ifyou wanttodiscuss the wording ofthis sign, Iwill be glad to provide my input.) 5. Typically, 

### we do not automatically enforce trespassing issues without acomplainant foreach incident. Therefore, each incident should be reported tothe Camden County Emergency Dispatch Center in orderto have a police unitdispatched to handle the call. These reports can be made by calling either912-729-1442 or 9-l-l. Ifyou have any questions regarding this issue, please let me know. Respectfully,

ChiefTim Hatch

1

# c Exhibitj\; DRAFT St. Marys AirportAuthority Minutes June 5, 2006

DickRussell called the meeting to order at 6:03pm at the St. Marys Library. Attendees·



### . Present Greg Moore Paul 

### Noore ...J Dick Russell ...J Jim Steele ...J Steve Swanson ...J And members ofthe 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 ofthe structure, locationto be-determined. That SMAA enter into a contractual agreement for leasing airport property to Skydive for thatpurpose. That the rate be set at $25 per month for the structure, and 1he understanding that additional $30 per month will bepaid for tiedown ofits aircraft via the FBO, and 1hat the business will sublet from Bird Aviation. This leaseshall be for a term of6 months rcncwabJc for up to 3 years. Steve Swansonseconded. 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 ofthe St. Marys Airport Authority on the date approval was granted and that approval was granted by unanimous vote of the Authority.**"/~ -~**  / I 

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# Comm~J ACc.-e6s PERMIT 

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__ _ THIS PERMIT rs granted and entered into thisjbday of 

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### 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, isthe operator and owner of a commercial skydiving business and desires to use a certain portion ofthe 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. NOWTHEREFORE, in consideration ofthe mutual terms and conditions setforth in this Permit agreementthe Authority and Holder hereby agree asfollows: 1. Permitted Drop Zone. Pursuantto FAA Advisory Circular No. 150/5190-7 and Advisory Circular No. 105-20 the Authority establishes and designates the area set forth and illustrated on "ExhibitA 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 Holderthe 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 tothis Designated Drop Zone, which shall bethe primary landing area for Holder's skydivers. The rights ofthe Holderto usethe Designated Drop zone shall at all-time be subject to the rights of others to use the same in common with the Holder and Holderagrees notto 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 thatthere may betimes when there may be inadvertent landings by skydivers in areas not a partofthe designated drop zone. However, repeated parachute landings in such areas, which in the sole discretion ofthe Authority is

### considered excessive, may result in action taken by the Authority to deny Holder the continued use ofthe Designated Drop Zone and revocation ofthe Permitfor 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 Holderthatviolations of Section 2-1H of USPA's BSRs, Drop Zone Requirements, and any amendments thereto shall be deemed to be serious safety violations underthe terms ofthis Agreement and shall subject this Permit to immediate termination or suspension bythe Authority. 

### d. Holder acknowledges that neither the Authority nor its representatives have made any representations orwarranties ofany nature whatsoever regarding the Drop Zone orAirport including, without limitation, the suitability ofthe 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 ofthis agreement will be for ninety (90) calendar days beginning on



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# z: and itwill be automatically extended by ninety (90) additio I calendar days on and atthe end of each ninety (90) calendar day period thereafter, unless thirty(30) calendar days priorto its anniversary date of orthirty (30) calendar days prior to any subsequent anniversary date thereafter, either party gives timely notice of its intention toterminate this agreement. 

### 3. Permit Fee. In consideration ofthe rights and privileges granted by the Permit, Holder agrees to pay Authority the permit fee offour hundred dollars ($400.00) per month. Such permitfee shall be payable on the first business dayofeach month and shall be payable to the St. Marys AirportAuthority. Holder acknowledges and agrees that the Permit Fee established by the Authority hereunder is fair, reasonable and nondiscriminatory. 

### 4. Use ofAirport. The reasonable use ofthe Airport is granted to Holder, its employees, passengers, guests, patrons, and invitees, in common with otherdulyauthorized users ofthe Airport and its appurtenants togetherwith all otherfacilities and improvementswhich 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 atall times during the term ofthis 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 anyand all liability by reason of Lessee's conduct incident to the use ofthe Airport as allowed herein. Holdershall specifically protectthe Authority by naming the Authority as an additional insured under such Comprehensive General Liability insurance. It is the responsibility ofthe Holder to keep the required insurance in full force and effect and provide such evidence to the Authority orthe City of St, Marys annually and upon request by either ofthem, at any time during the term ofthis 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 atthe Airport unless excused from such compliance, in writing, by the Authority. The Holder.understands and agrees thatsuch Minimum Standards may be amended from time totime 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 parachutistwho will be participating in its Skydiving Operation, including, but not limited to, Holder and its employees, contractors and customers, on the Airportto execute the Release of Liability and Indemnification Agreement attached hereto as Exhibit B and hereinafter referred to as the "Authority Release Agreement". Holder shall notallow a parachutistto 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 ontothe Airport and all its other activities atthe 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 ofthem 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, attrial and on appeal) and causes ofaction of every kind and character, known or unknown, arising from Holder's Skydiving Operation, its employees, agents, contractors or invitees against any ofthe Indemnities by reason of 

### (i) any damage to property or the environment, including any contamination ofAirport 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 atthe time this Permit is executed or as may be redefined by the appropriate regulatory agencies in thefuture or (ii) bodily injury (including death) incurred orsustained by person, arising out ofor 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 setforth in this paragraph. 10.Termination. The Permit shall 

### be subjecttotermination by either party in the event there is an abandonment oftheAirport as an Airport or airfield. The Authority may immediately terminate, revoke orsuspend this Permit in the event Holderfails to maketimely payment ofthe rent orviolates anyterms, conditions or provisions of this Permit Provided, however, in the event of a default orviolation of any ofthe terms and conditions ofthis 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 ofsuch default orviolation and shall have ten (10) calendar days following receipt of such notice to correctthe default orviolation. 11.Governing 

### Law, Venue and Attorney's Fees. This agreement is to be construed in accordance with the laws ofthe State ofGeorgia. Venue shall be Camden County Georgia, orthe Southern District ofthe United Statesforthe State of Georgia. In the event ofany litigation between the parties regarding the breach and/or ofthe Permit, the prevailing party shall be entitled to its reasonable attorney's fees and cost, including fees and cost atthe appellant level, from the non-prevailing party as determined by a court of competentjurisdiction. 12.Transfer or Assignment. Holder shall not have the authority totransfer or assign any rights tothis Permitwithoutthe prior written approval and consent ofthe Authority. Any such transfer in violation ofthe terms ofthis prohibition shall be

### grounds fortermination ofthis Permit bythe Authority pursuantto the provisions of default as setforth in paragraph 10 ofthis 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 ofthe Authority unless it receives written permission from the Authority. 14. Disclaimerof Liability. Authority hereby disclaims, and Holder releases Authority, from any and all liability, whether in contract ortort (including strict liability, negligenceand nuisance) forany loss, damage or injuryofany nature whatsoever sustained by Holder, its employees, agents or invitees priortothe date ofthis Permit. During the term ofthis Permitorany extension hereof, Holder releases Authority, from anyand all liability, whether in contract ortort (including strict liability, negligence and nuisance) for any loss, damage or injury ofany naturewhatsoeversustained by Holder, its employees, agents or invitees including but not limited 

### to loss, damage, or injuryto personal property of Holder or Holder's invitees thatmight

### be located orstored atthe 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 liablefor indirect, consequential, special, or exemplary damageswhether in contractortort, including strict liability, negligence and nuisancesuch as, but not limited

### to loss ofrevenue oranticipated profits or any otherdamage related to the Holder's Skydive Operation allowed under this Permit. The Authority may atanytime and from timeto time close all or any portion ofthe Drop Zoneto abate or rectify a condition determined to 

### be unsafe ordangerous by the Authority in its solediscretion; for maintenance; and for public safety orsecurity of

### the Airport as determined necessary in the sole discretion oftheAuthority. In the eventthe dropZone is closed, Holder agrees thatthe Authority shall notbe liable ofand Holderwaives, any claims for lostprofits,economic losses orother consequential damages. 15. No Exclusive Rights. Notwithstanding anything contained in this permit to the contrary, it is understood and agreed that the rights granted underthis 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 courierwith receipt acknowledgement, or bywitnessed hand-delivery, addressed to the party forwhom it is intended at the place specified herein until changed in writing in the manner provided in this paragraph. As ofthe date ofthis Permit, the parties designate their addresses as follows: For Authority For Holder



### 17.Severability. In the eventthat any section, paragraph, sentence, clause or provision ofthe Permit is held by a court of competentjurisdiction to be invalid, such shall not affectthe remaining portions ofthis 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 Place0 3,26'fX2,448 pixels



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