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stratostar

Longmont City Council will take up skydiving noise

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skypuppy

****** Just called the congressman's office and spoke to a very nice woman who answered the phone. I informed her of my displeasure in his alignment with this group and my commitment to donate considerable sums of money to any opponent who challenges him in the next election.

I cited interference with general aviation and interstate commerce among other things.

Here's his number.

Jared Polis
(202) 225-2161



I've sent Polis email before, and am on his mailing list, and subscribed to his Twitter feed.
I just sent him an email with a synopsis of Batshit Lady, and links to the court orders.

did you ever get any replies?

In the past I've always gotten replies.
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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ryoder

Article about MHS and city negotiations over a lease.
Not directly involved with the lawsuit, but it is mentioned: http://longmontcompass.com/mile-hi-and-city-of-longmont-work-toward-solution/



Nice article. I especially like this part:

Quote

these are grown-ups, having a grown-up disagreement about an issue of importance to both parties. One will possibly prevail – but either way, you don’t get the feeling that a protracted legal battle costing tens of thousands of dollars will be the outcome of these ongoing discussions.



See that, Kimmy? You sued like a spoiled brat. You lost. Pay up and move on.

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and this:

Quote

Mile-Hi may well have been 100% in the right in the frivolous lawsuit brought by Kimberly Gibbs and her chums


and this one:
Quote

Maybe you’re tired of reading about the airport and the commotion that has surrounded Mile-Hi Skydiving over the past few months. But the important thing to note is that even when certain citizens are creating noise of their own, the City of Longmont is working diligently behind the scenes to ensure that all is fair in love and war.



Kimmers won't like this. :D:D:D

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If Kimsanity and Co. keep this going, won't it reach a point where it becomes the civil court version of malicious prosecution? I cannot find specific documentation of such, but that doesn't mean the statute doesn't exist - maybe it's a matter of judicial discretion to apply on rare occasions when necessary. I would say this could potentially be the case here.

Another thought, the courts can only realistically take so much in civil cases, and Kimsanity appears (from what I remember) to be the least-affluent of all named plaintiffs - at least if home values is the indicator - but the entire group as a whole is responsible, so if the award is weighted according to net worth, those on the upper end may not be too happy to "pay their fair share" out of pocket for this, and in turn may not be so inclined to participate in future litigation. Hmmmmm....
Roll Tide Roll

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johndh1

If Kimsanity and Co. keep this going, won't it reach a point where it becomes the civil court version of malicious prosecution? I cannot find specific documentation of such, but that doesn't mean the statute doesn't exist - maybe it's a matter of judicial discretion to apply on rare occasions when necessary. I would say this could potentially be the case here.

Another thought, the courts can only realistically take so much in civil cases, and Kimsanity appears (from what I remember) to be the least-affluent of all named plaintiffs - at least if home values is the indicator - but the entire group as a whole is responsible, so if the award is weighted according to net worth, those on the upper end may not be too happy to "pay their fair share" out of pocket for this, and in turn may not be so inclined to participate in future litigation. Hmmmmm....



IIRC one co-plaintiff has already opted out of future appeals and suits. Who knows? The others may not be far behind.

She and ONLY she, is responsible for any drop in her property values just for suing Mile Hi and getting all this publicity. Had she simply lived her life like the majority of residents in her Gunbarrel neighborhood, there wouldn't be any issues selling her house I wouldn't think.

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Exactly right, who the hell wants to live next to her, within the same HOA, or even around the block? A file on her should be part of the full-disclosure to potential new buyers for miles radius. I figure anyone planning to move there within the near future has already run across the issues by simple news searches. What would be funny is, if now her neighbors sued her, using the same lame numbers she used for supposed loss in property values.
Roll Tide Roll

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When Kimmey sells, she'll just use the numbers the defense produced in court for home values. Except, in classic Kimmey fashion, she'll exaggerate the numbers greatly in her favor. [:/]

I'm hoping MHS will go after her house first for settlement. B|

Birdshit & Fools Productions

"Son, only two things fall from the sky."

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skyjumpenfool

When Kimmey sells, she'll just use the numbers the defense produced in court for home values. Except, in classic Kimmey fashion, she'll exaggerate the numbers greatly in her favor. [:/]

I'm hoping MHS will go after her house first for settlement. B|



Hmmmm, Bunkhouse. :ph34r:
lisa
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johndh1

If Kimsanity and Co. keep this going, won't it reach a point where it becomes the civil court version of malicious prosecution? I cannot find specific documentation of such, but that doesn't mean the statute doesn't exist - maybe it's a matter of judicial discretion to apply on rare occasions when necessary. I would say this could potentially be the case here.

Another thought, the courts can only realistically take so much in civil cases, and Kimsanity appears (from what I remember) to be the least-affluent of all named plaintiffs - at least if home values is the indicator - but the entire group as a whole is responsible, so if the award is weighted according to net worth, those on the upper end may not be too happy to "pay their fair share" out of pocket for this, and in turn may not be so inclined to participate in future litigation. Hmmmmm....



It's called "Harassment." And it's something that is civilly litigatable (MHS can sue her for it).

Her repeated, false accusations that MHS is deliberately making as much noise as possible, that the noise is "intolerable" and all the other stuff go a long way to meeting the standard of "harassment."

Her publicly posting and publishing this stuff (on her FB site, in the local paper and on other websites - some of which have been linked in this thread) go even further.

MHS's lawyers already sent her a "Cut It Out" letter, which is the first step in a harassment suit. She seems to have toned it down some. Whether it's enough or not is the purview of MHS and their lawyers.

A harassment suit could be a very effective way of shutting her up. A court order to not say nasty things about MHS that are demonstrably false, along with contempt penalties for violating it, would be a nice thing.

However...
they aren't always cut and dried. And if MHS pursues it (at their own cost) and loses, someone (she who shall not be named) would have a hell of a lot of ammunition to use against MHS.

It's very much a "two edged sword."
And I wouldn't be too surprised if MHS chooses not to pursue it.
"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

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One thing she has done to harm everyone who lives anywhere near her is, if any of them sell a home to someone who does not sign a contract stating they fully understand aircraft noise has been an issue in the area, will give grounds for all sorts of legal problems for future sellers. The fact that she lost, and that the supposed noise (which we know clearly) isn't an issue won't matter then. Someone earlier was so right in pointing out that she will have caused a lot more problems for her neighbors than I wonder if they fully yet realize.
Roll Tide Roll

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oldwomanc6

***When Kimmey sells, she'll just use the numbers the defense produced in court for home values. Except, in classic Kimmey fashion, she'll exaggerate the numbers greatly in her favor. [:/]

I'm hoping MHS will go after her house first for settlement. B|



Hmmmm, Bunkhouse. :ph34r:

No, her property is WAY too far away to be a decent bunkhouse.

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headoverheels

******When Kimmey sells, she'll just use the numbers the defense produced in court for home values. Except, in classic Kimmey fashion, she'll exaggerate the numbers greatly in her favor. [:/]

I'm hoping MHS will go after her house first for settlement. B|



Hmmmm, Bunkhouse. :ph34r:

No, her property is WAY too far away to be a decent bunkhouse.

But not too bad for a nice quiet place for out of town visiting jumpers to rent. They would be at the DZ during the day... and then off to Gunbarrel for the evening.....>:(

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What is funny about this, is it would change the distance from Gibbs house to MHS, from the current 6 miles, down to 3.5 miles.:D

http://www.timescall.com/opinion/ci_28648012/richard-auletta:-boulder-should-welcome-milehi-skydiving

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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ryoder

What is funny about this, is it would change the distance from Gibbs house to MHS, from the current 6 miles, down to 3.5 miles.:D

http://www.timescall.com/opinion/ci_28648012/richard-auletta:-boulder-should-welcome-milehi-skydiving



... and, who knows, maybe this will play into any Mile High / Longmount lease negotiations? ;)
Birdshit & Fools Productions

"Son, only two things fall from the sky."

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ryoder

What is funny about this, is it would change the distance from Gibbs house to MHS, from the current 6 miles, down to 3.5 miles.:D

http://www.timescall.com/opinion/ci_28648012/richard-auletta:-boulder-should-welcome-milehi-skydiving



Looks like the only negative in that might be if the parachute landing area is located elsewhere and not at the airport,,,but who knows, it just may be even closer to Kimmie's house, where she could enjoy the joyful sounds of tandem passengers over-amped during their canopy ride to the LZ!
Just a thought! :D

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Here's Kimmie's latest two emails from her propaganda dept!
____________________________________________________________________________________________________________


***********************************************************
IN THE NEWS
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City of Longmont, Colorado : News List (Link) http://www.longmontcolorado.gov/Home/Components/News/News/1013/

City of Longmont, Colorado : News List
The City of Longmont and Mile Hi Skydiving are working to extend an interim settlement agreement that was approved March 20 and expired June 30 whereby Mile-Hi has agreed to pay rent for its current use of property at Vance Brand Airport.
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Longmont and Mile Hi Seek Long-Term Agreement

Post Date:08/14/2015 9:13 am
The City of Longmont and Mile Hi Skydiving are working to extend an interim settlement agreement that was approved March 20 and expired June 30 whereby Mile-Hi has agreed to pay rent for its current use of property at Vance Brand Airport. Under the interim settlement agreement, Mile Hi made rent payments and both parties agreed to engage in discussions to resolve outstanding issues relating to Mile Hi’s operations at the Airport, including possible noise mitigation measures for its operations and payments for past rent under a 2007 ground lease to Mile Hi at Vance Brand Airport. As outlined in the initial interim agreement, Mile Hi has made payments of $36,634 through June 30 and has paid an additional $4,070 in anticipation of execution of the extension to the interim settlement agreement.
If the amendment is executed, the interim settlement would be extended through October 30. On August 14, 2015, the City of Longmont provided Mile Hi with the draft interim agreement extension for signatures by Mile Hi representatives.

Background
The interim settlement agreement was prompted by a dispute between the City and Mile Hi regarding a 4.15 acre parcel on the south side of the airport which the City leased for 20 years to Mile Hi beginning in 2007. At that time, Mile Hi was finalizing plans for a proposed skydiving facility that would allow the company to consolidate its facilities from the north side of the airport to the south side. The lease called for Mile Hi to begin lease payments to the City “30 days following issuance of a grading permit.” Due to worsening economic conditions following the execution of the lease, Mile Hi never built its planned facility—and therefore never applied for a grading permit. However, Mile Hi has used the property as a landing zone and to house parachutes and related equipment in a quonset hut that was later constructed on the leased land.
The City believes that it cannot permit the continued exclusive use of airport property without compensation based on certain grant requirements placed on the airport by the Federal Aviation Administration. Vance Brand has received a number of grants from the FAA, and therefore must comply with all grant requirements in order to avoid reimbursing the federal government for funds received in the past. Mile Hi has disagreed with the City’s position.

According to the original interim settlement agreement and the extension of the interim settlement agreement, if the City and Mile Hi do not agree to terms regarding lease payments and other issues or both agree to again extend the agreement, each party has reserved its rights with respect to legal arguments regarding the 2007 lease in question.
The interim settlement agreement was entered into under the City Attorney’s authority—with the concurrence of the City Manager—to settle threatened or pending litigation on terms in the best interest of the City pursuant to Longmont Municipal Code 2.20.061.
No specific noise mitigation actions are outlined in the agreement, and the City has made no commitments to Mile Hi other than to temporarily halt efforts to collect past lease payments that Mile Hi may owe for 2007 through a portion of 2014.

Regarding the purpose of the agreement, City Manager Harold Dominguez stated, “Extending interim agreement provides a negotiating window through the end of October to continue productive discussions on a global settlement of the Mile-Hi issues including the lease dispute, future development of the leased airport property in question, and implementation of noise mitigation measures.” Mile Hi owner Frank Casares agreed, “I am pleased with the collaborative nature of the negotiations to date, and am committed to seeking a long term resolution of these issues in partnership with the City.”

In addition to the payments received to date, according to the agreement extension, Mile Hi will make an additional three payments of $4,070 each through the end of October.

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MY RESPONSE
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The South Parcel lease was signed in 2007 (see attached) and the initial annual amount was $41,566.29. But Mile-Hi never paid a dime, even though they have enjoyed exclusive use of this area since 2007. The lease was considered “inactive” because Mile-Hi did not obtain a grading permit to begin development on their expanded facility.

The article states, incorrectly, that the 4.15 acre parcel, known as the South Parcel, is used for a “landing zone” and to house parachutes and related equipment. This parcel is definitely not the designated “landing zone”, aka parachute landing area. As the attached photo shows, there is a parking lot, a staging area where dozens of skydivers wait for their flight, and a quonset hut, which is used as a parachute packing tent. The parachutist in the photo does appear to be landing in this area, but it is not the intended purpose, especially within close proximity of buildings.

The landing zone, aka drop zone, is a separate parcel that covers roughly 40 adjacent acres, as shown in the attached airport photo. Mile-Hi made no payments on the drop zone land from June 1999 until late 2014. According to the clerk’s office, in 2014 they paid the required annual fee of $7,500 for use of the drop zone.

I wrote about this lease and the drop zone in an editorial back in November 2014, which prompted the review of Mile-Hi’s lease and their required payment for the drop zone.

Kimberly Gibbs: Firms using longmont airport should pay a fee (Link) http://www.timescall.com/columnists/opinion-local/ci_27019973/kimberly-gibbs-firms-using-longmont-airport-should-pay

Kimberly Gibbs: Firms using Longmont airport should pay ...
The Colorado Division of Aeronautics is taking some well-deserved heat for grossly overestimating next year's tax revenue from aviation fuel sales.
View on www.timescall.com
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Finally, the article states that the airport has received FAA grants and therefore must “comply with grant requirements” or they will be forced to reimburse the federal government for past funding. This is a scare tactic and it’s completely inaccurate. The FAA can certainly suspend FUTURE grants if they disagree with an airport’s decision, but in this case they would not pursue reimbursement for past grants. The South County Airport in Santa Clara, CA is a perfect example. Four years ago they refused to designate an on-site drop zone because of safety concerns. The FAA suspended their future grants. You can read about it here:

Federal funding grounded at airport (Link) http://www.morganhilltimes.com/news/san_martin/update-federal-funding-grounded-at-airport/article_9a786db0-9244-11e2-94b8-001a4bcf6878.html

These negotiations should be of concern to all Longmont citizens and federal taxpayers who are subsizing the airport so that airport users can have a free ride. I hope you will contact the Longmont City Council to express your views.

_________________________________________________________________________________________________________

And the most recent;

____________________________________________________________________________________________________________



***********************************************************
EDITORIALS
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Many thanks to all who have taken the time to write letters to the newspaper and call the TC-Line! Please take a moment to Like the editorials and add a supporting comment. Keep the letters flowing!
8/15

GUEST OPINIONS
http://www.timescall.com/columnists/opinion-local/ci_28644071/kelly-mahoney-longmont-missing-out-mile-hi-skydiving

Mile-Hi’s preferential treatment (Link) http://www.timescall.com/columnists/opinion-local/ci_28644071/kelly-mahoney-longmont-missing-out-mile-hi-skydiving
BY KELLY MAHONEY

The following is presented to clear up public misunderstanding surrounding the details of Mile-Hi Skydiving’s most controversial lease and drop zone permit at our airport. It is also intended to shine the light on the preferential treatment Mile-Hi has received and how this has deprived the airport of arguably over $350,000. These funds could have been used for the improvements the airport so desperately needs.

On Oct. 2, 2007, Mile-Hi entered into Vance Brand Municipal Airport South Parcel 11SD Lease agreement for exclusive use of 4.15 acres. Mile-Hi uses this land as the staging area for its skydiving operations. This lease does not cover land used for its drop zone. The city agreed that payments for the 11SD lease were to begin within 30 days following the issuance of a grading permit for the construction of the project. However, Mile-Hi never obtained a grading permit and was never required to pay for the usage of 4.15 acres under this lease. Assuming no cumulative inflation, the city has missed out on $41,566.29 per year since 2007, for a total through October 2014 of $290,964.03. Additionally in mid-2012, the city approved Mile-Hi to build a parachute packing tent on this property. In the application for the site plan waiver of the tent, Mile-Hi states that the days/ hours of operation would be 7:30 a.m. to 8 p.m. Thursday through Monday and the maximum number of people would be 15. Currently, Mile-Hi still has exclusive use over this parcel of land and has not yet paid on the Oct. 2, 2007, lease.

Since the arrival of new airport management, the city has realized the 11SD lease is inactive and on March 20 entered into a short-term agreement with Mile-Hi. Listed below are the amounts and due dates of those payments as listed in this short term agreement:

• $8000 by March 20;
• $12,281.79 by April 10;
• $12,281. 79 by May 10;
• $4070.45 by June 1.

The total amount in the short-term agreement is $36,634.03. Using the date of the receipts from the city clerk, the city received the following:

• Mile-Hi paid $8,000 on April 2— late payment for March 20 due date.
• Mile-Hi paid $12,281.79 on April 15 — payment for April 10 due date.
• Mile-Hi paid nothing in May.
• Mile-Hi paid May’s and June’s payment total of $16,352.24 on June 2.

The city accepted all late payments; Mile-Hi satisfied the short-term agreement. This short-term agreement expired June 30, and Mile-Hi is once again operating under the “inactive” original 11SD lease. The city is working toward another short-term agreement. Mile-Hi apparently believes it should have free access to airport property.

Separately, Mile-Hi originally had a Parachute Jumper Parcel lease signed Nov 1, 1996, that could be renewed every three years. In June 1999, the drop zone was relocated by airport management to 40 acres on the south side of the airport, which is the current location of the drop zone. Mile-Hi made the last payment in June 1999, and the lease was never renewed. Between June 1999 and 2007, no lease or city code covered the usage of the drop zone and thus, Mile-Hi never was required to pay for exclusive usage of the drop zone during this time period. In 2007, the city code was updated (Ord. No. O-2007-89) and usage of the 40 acres for a drop zone required a permit and applicable fees per City Code 4.64.040 – Public use areas permits and fees. However, Mile-Hi still was never required to pay for the exclusive use of the drop zone from 2007 through 2014. Mile-Hi finally made its first payment ever on the 40-acre drop zone in January 2015 for the full amount of $7,500. Will the city collect all the missed payments starting in 2007 through 2014? The city is definitely missing out on at least eight years (2007-2014) of payments of $7,500 per year for a total of $60,000.

In summary, between the 11SD lease and drop zone, Mile-Hi should be responsible for all back payments equating to more than $350,000 for its exclusive use of public airport property. I encourage you to reach out to city council and the airport management to address the preferential treatment and back payments in the on-going negotiations with Mile-Hi.

Kelly Mahoney is a Longmont resident.

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More and more will ask for less noise

How could a fair-minded judge decide that it was right to punish the Citizens For Quiet Skies for trying to stop the droning of the Mile-Hi Skydiving planes over the north Boulder and southwest Longmont valley? How could a judge, appointed by the people, feel it is a just decision to allow Mile-Hi to continue to bombard these same citizens with constant noise day in and day out?

If you live anywhere near this area, you live with the incessant buzzing of drop planes, sometimes three planes in the air at the same time. The buzz goes on for up to 12 hours a day, especially on the weekends… a time when families are out in their backyards, seeking a little quiet rejuvenation after a long work week. But, instead, starting at around 8 a.m., it sounds like your neighbor is mowing his lawn. All. Day. Long.
I feel so sorry for the courageous Kimberly Gibbs, leader of Citizens For Quiet Skies, and her neighbors, who are now enduring a constant barrage of flyovers. Sounds like a bullying tactic to me. I would like to ask Frank Casares, owner of Mile-Hi Skydiving, why he thinks it’s OK to punish those who speak out against this invasive noise. Why not work with the community to come up with some viable solutions? Unfortunately, it seems that disturbing thousands of people every day isn’t something that disturbs Mr. Casares in the least.

Mile-Hi should realize that the longer this droning continues, more and more people will join together to try to stop the violation of their right to the “quiet enjoyment” of their own property.

H.E. Owen
Niwot

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TC 8/12
Teresa Foster: Judge doesn’t hear the needs of the many

Judge LaBuda’s decision seems entirely unfair. Swayed judgment describes her punitive ruling against Citizens for Quiet Skies. Why make Citizens for Quiet Skies pay for legal fees, etc.? Did Judge LaBuda not really “hear” the testimony? Did she come out to listen to the noise when Mile-Hi wasn’t aware? Silly of her to have a scheduled visit so that Mile-Hi Skydiving could be on their best behavior!
As someone who lived at ground zero (Airport and Nelson) from 2006 to 2013, I can vouch for the “off-thecharts” noise levels from the Twin Otter. Sitting outside to enjoy our backyards with friends and family was not possible on weekends and weekday afternoons.
Many ask, “Why did you buy in the airport zone?” The noise wasn’t bad when I moved there, but then Mile-Hi brought in the dreaded Twin Otter, and later, a second Twin Otter. We, at ground zero, and thousands of others within Longmont and outside of the city in Boulder County have been “droned out” from dawn till dusk on weekends and on weekdays ever since the Twin Otters arrived. The noise constantly blasts us every day. This is complete and utter abuse. Mile-Hi is a perpetrator abusing a large population! Why can’t Judge LaBuda see the truth?
The question we need to ask is: Why does the City of Longmont allow the needs of the few over the needs of the many? Why do we (those affected) continue to let corporate interests intrude on our lives?
I implore you to watch damning evidence on a video recorded September 2011 in my front yard: youtube.com/ watch?v=GA5FXE1lKCI. This video was pulled from the trial. Wonder why.
Teresa Foster
Longmont

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TC-LINE
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8/15
Quiet Skies whining
• Now the Quiet Skies group were asking city council members to lobby the U.S. Representative to Colorado Jared Polis to address noise concerns from communities across the country. Now this has turned into a country airport? ... All you got is more whiners who want to keep jumping on the bandwagon. I’d say airplane but of course they’ve never been on an airplane in their life.

• You know what this town needs? A group calling itself Citizens for Quiet Citizens. Enough is enough. Stop with the noise pollution.
The airport and TABOR

I’ve noticed no one protesting skydiving per se here, but I have learned that the city receives quite a bit of money by virtue of having this airport. Well, how to reconcile this ... couple of noisy airplanes. Obviously, the city does not wish to do away with any of the activities at the airport. So it seems to be up to the city to find other sources of revenue or we should work to eliminate TABOR. Yet another reason.

8/14
Citizens for Quiet Skies inspiring
I’ve been inspired by the Citizens for Quiet Skies and their efforts. So, I’m going to form the Citizens for Quiet Backyards. So, that we don’t have any barking dogs at al and have them outlawed in Longmont. And also citizens for Quiet Streets. Any hot rods, any motorcycles are banned from our streets. Why just stop at the skies?

8/10
Flood victims wouldn’t whine about noise
Over the last couple of years, I’ve heard a lot more “woe is me” from these Quiet Skies people than from all of those whose homes were damaged or destroyed by the floods. I’m sure they’d gladly trade places with you and wouldn’t raise a peep about noise. Oh, and I sure hope the Quiet Skies whiners don’t have a single piece of powered yard equipment, because that would be pretty hypocritical, wouldn’t it?

***********************************************************
TAKE ACTION
***********************************************************
Write a letter to the editor. Send your thoughtful letter, 300 words or less (be sure to include your address and phone number), to:
Times Call: [email protected]
Daily Camera: [email protected]

Pressed for time? Call the TC-Line and leave a comment: 720-494-5485

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ONLINE RESOURCES
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TRACK FLIGHTS WITH WEBTRAK
http://webtrak5.bksv.com/den3

QUIET SKIES Web Site: CitizensForQuietSkies.org

LIKE US ON FACEbook

We’re on Twitter too

To register a noise complaint: http://citizensforquietskies.org/help/complaint/

Kelly Mahoney: Longmont missing out on Mile-Hi Skydivi...
The following is presented to clear up public misunderstanding surrounding the details of Mile-Hi Skydiving's most controversial lease and drop zone permit at our a...
View on www.timescall.com
Preview by Yahoo

Kelly Mahoney: Longmont missing out on Mile-Hi Skydivi...
The following is presented to clear up public misunderstanding surrounding the details of Mile-Hi Skydiving's most controversial lease and drop zone permit at our a...
View on www.timescall.com (link) http://www.timescall.com/columnists/opinion-local/ci_28644071/kelly-mahoney-longmont-missing-out-mile-hi-skydiving

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