jrsides

Safety day begins Saturday. March 9, 2013 Doors open at 8:00 am.First briefing begins at 9:00 am with recurrency for experienced jumpers with J.R. Sides. 10:00 Aircraft loading,exit order and safety with Jim Smith. 11:00 USPA fatality report with Bill Hanrahan 12:00 Randy Schroeder will be presenting "How Not to Die while Skydiving" 1:00 Lunch 2:00 Malfunctions and procedures with Grant Spurrell and Vic Moreira 4:00 Brian Germain will arrive and deliver a special presentation. Hope to see you there! J.R. Sides Chambersburg Skydiving Center, Inc. 717-264-1111

Happy Birthday Lee! I'll drink a Newcastle for ya!

Casa will be here Friday morning the 25th - Sunday 27th. There will be organizers - Brian Germain, Jim Smith and Cliff Weaver. Packers are coming in from Florida. Celebrate JR's 10,000th jump!

The CASA is coming in tonight (Thurs), so we'll be ready bright and early Friday morning. Jump! Jump! Jump!

Yep, just like any other weekend we are here 9am till dark. Gettin' ready for the coach course next weekend and Safety Day on the 14th. See you here....

I own the DZ and don't believe we've met. Did you jump here once in the fall when it was really windy? Do you jump a pilot?

Try Chambersburg Skydiving Center. Same distance as Delmarva. No Bay Bridge traffic. www.skydivingcenter.net

Jen you should print the photos of me at the last Cabana Boy Contest. Since then I have lost 20 pounds and plan to give all these young ones a run for their money. Will ther be a pelthead cabana boy entry? Rumor has it Spence will be here and he and Shaky dog will be performing an act that Ringling Bros. might bid on. J.R.

From Dave DeWolf's ParaLoft Site: SILICON TUBING 3.5 & 4 Links 3/8ID x 5/8 OD $1.85/ft 5 “ 1/2 ID x 3/4 OD $2.19/ft R.F. Fager Co 2058 State Road Camp Hill, PA 17011 Phone: 717.761.0660 Fax: 717.761.6428 COMMENT: Can be purchased from any hose outlet store. I am looking for one that will sell in less than 100’

Sorry to spoil the fun but there will be no nude pudding/mud wrestling at Chambersburg. I guess this means there will be rules. We are a family DZ and plan to have loads of fun with our boogie, and much of this will be adult fun, however, public nudity could have us removed from the airport and lose our business. Sorry I had to step in here, but I can,t allow unauthoried individuals make public claims for our business. Blue ones, J.R. & Kathie Sides Chambersburg Skydiving Center, Inc.

Lots of stuff going on that weekend, Kathie will be orgaqnizing Chicks Over Chambersburg and lots of partying, bonfire and other stuff. The leaves will changing as well and we expect a large turnout. Hope to see you here, J.R. Sides

Ditto. Spence is way above this attack. He runs a first class boogie and is really dedicated in making his boogie non-political. I'm really glad I don't live in KC. I'd have to find something else to do besides skydive! J.R.

I'm interested in knowing how Allen Strausbaugh knows the engine is fried on the aircraft we have based there? I just brought it back here to have it overhauled and inspected and the engine shop hasn't even opened it up yet. Is there something you know that we don't? I also find it interesting how you can call me up to totally discredit this DZ and then attempt to lease this aircraft out from under them. (By the way, I have this in a recorded voice mail message) I don't think anything you say makes sense. I am really sorry for you that instead of spending your time in a positive way helping students and other skydivers, you have made this a personal crusade to tear these peoples dreams to shreds.

Just so everone knows who I am and how I am involved in this issue. My name is J.R. Sides and I own and operate Chambersburg Skydiving Center in South Central Pennsylvania. I own and operate several cessnas and a King Air. I lease the 206 to Kansas City Skydiving Center. I have leased this aircraft to other operations prior to its arrival in the KC area. It is a good skydiving aircraft that was owned by Don DuPont in the Mass. area and Mr. Parsons of Boston-Hartford skydiving center in Conn. Mr. Parsons was killed in a hook turn incident in Hawaii several years ago. This aircraft is in great condition and recently had a lexan rollup door installed in it prior to being sent to Michigan for the summer. The FAA came and looked at his plane and crawled all over it. We looked a the logs and and a courtesty inspection was made since it would be operating in their region. The DZO who leased it realized it was a lot of aircraft for his short grass strip and opted to lease one of my 182s for the season. I spoke to Paul about leasing it and made arrangements to bring it to KC and check out his pilot. Upon arrival to KC we flew it for the entire day and noticed a small blown trail of oil, but it was nothing to worry about. We made plans to have the local mechanic to look it over and become familiar with this aircraft since he will be doing the work on it for the season. Within a couple of weeks we discovered the leak was coming form the oil cooler and stopped flying the aircraft. Paul sent his customers home. Good Call! Next thing that happens ifs the mechanic begins to get calls from skydivers/instructors at a competing DZ who are asking him about the oil belching from this piece of s*** aircraft that almost killed everyone. WOW! The mechanic is a really laid back cool guy who really knows his stuff and is not affected by this and repairs the plane and after a test flight returns it to service. No problem. A couple of weeks later the plane begins losing power after take off at the most critical time at about 500 feet. The pilot performs flawlessly and returns the plane to the airport and lands it without injury to anyone. The aircraft is not damaged and they call me in the middle of a busy weekend with this problem. we discuss it and realize it is probably a mag issue. The mechanic is called and he comes and looks at the aircraft. There is a cracked spark plug and it is replaced and the problem persists. The mechanic feels it is in the engine and has to get it off the ramp and into a hanger to work on it. The phone calls to me begin from skydivers telling me how they are abusing my plane and I should bring a new engine since they are totally abusing my plane. A regional director who I admire and respect has been in contact with me as well. He is recieving the reports from these people as well. The airport will not allow the mechanic to work on the plane in the hanger without some sort of delay and negotation and lease. Meanwhile the plane sits, the airport loses money, the DZ loses money, I lose money and people spread s*** about each other all over the internet. The mechanic got in the hanger and discovers a collapsed lifter and damaged rocker arm, nothing out of the ordinary. Parts are ordered and the plane will be repaired and test flown and inspected prior to having jumpers on board again. I started recieving reports that the DZ has been told to cease operations and that my aircraft is to be impounded. I realize that I need to get information on this situation and in a matter of minutes search the net and arrive at the City of Harrisonville web site. THE TRUTH! (see my previous post) I have operated a DZ in an area that has many DZs that overlap business areas. I compete with CrossKeys, Orange, DelMarVa, The Skydiving Place, Maytown, and many others. Last week I leased a plane to Orange when they had aircraft problems and did the same when Maytown had a maintence issue that would keep them down for a weekend. When my King Air props were not going to make it back from the prop shop CrossKeys leased me an aircraft for the weekend. Skydive West Point calls and asks for instructors on really busy weekends and so on and so forth. The point is this, in the 60s blacks moved into neighborhoods that were mostly white and people reacted in a manner that reminds me of the way that some of the people in KC are acting. Everyone has the right to try to try to follow their dream. I rarely post on dropzone.com because I own a DZ and sometimes so much crap/misinformation is posted here I don't want to be associated with it. I have been the target of several witch hunts myself. I was out flying and stopped off at Maytown last night and had a discussion with Dave DeWolf about this issue and he informed me of some of his conversations with Tom on this issue. I understand his concerns and in an attempt to probably make sure some fly by night DZ did not pop up in his back yard that might be like the one that had a fatal crash several years before. I have been to KC Skydiving Center and see how they operate. They are really caring people who are trying to do things right. They began negotiations and started out with a hanger and have been pushed into a field, they have not given up hope. They will make it through the hard times because they really have the dream of skydiving. Will they make mistakes? Sure. Will they learn as they move along the trail of Dz ownership? Sure. I remember when I bought this DZ I didn't know how to order fuel or how to fuel a plane. I am embarrased for the skydiving community to see the way that everyone has treatecd each other in this matter. I'm sure that there are some really good skydivers who have good hearts out there in KC who wish that they could go somewhere away from any of those parties involved in this issue and skydive without all of the politics. I don't believe I'll post here again since I have attempted to get just facts and clear the air for all involved and hopefully you can wash yourselves clean of this mess and become friends and skydive again as neighbors who help each other in the true belief that the sky is a great place to free one's self of all of our worldly issues.

I finally found all of the information on this subject from the City of Harrisonville website. The minutes of these meetings are publicly posted. I think we should look at these minutes from an unbiased source, not ranting and raving skydivers. CITY OF HARRISONVILLE BOARD OF ALDERMEN REGULAR MEETING MINUTES FEBRUARY 6, 2006 7:00 P.M. http://ci.harrisonville.mo.us/pdfs/2006_minutes/020606%20Minutes.pdf ITEM NO. 9 - COUNCIL BILL NO. 005: A RESOLUTION TO AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF HARRISONVILLE, MISSOURI, AND KANSAS CITY SKYDIVING CENTER, LLC. FOR LEASE OF CERTAIN PORTIONS OF A TERMINAL BUILDING LOCATED AT THE LAWRENCE SMITH MEMORIAL AIRPORT - Attorney Tracy Peterson read Council Bill 005 by title only. City Administrator Dianna Wright explained that the Kansas City Skydiving Center desired to lease office space in the upstairs of a hanger at the Lawrence Smith Memorial Airport. She then introduced Airport Manager James Green. Ms. Wright further explained that this had been an ongoing issue and had been before the Airport Committee. That Committee had directed staff to conduct research regarding the issue. The owners, Paul and Joanna Eriksmoen, desire to establish the skydiving school and offer tandem skydiving, continuing education and licensed skydiving. There was discussion concerning LifeFlight Eagle opposing such an operation at the airport to which several of the aldermen expressed their concern that they did not want to jeopardize the LifeFlight Eagle operation in any way. Mr. Eriksmoen indicated that it took LifeFlight Eagle five to eight minutes from the time the call came in until they took off the ground. He explained that they did not want to interfere at all with LifeFlight Eagle but if they were on the same radio frequency, the skydiving aircraft would know when LifeFlight got a call and be able to abort the skydiving mission or if the divers were already out of the plan, they would have time to land before the helicopter took off. LifeFlight had written a letter indicating a 3,000-foot separation between helicopters and skydiving operations was recommended by other helicopter emergency medical service providers who work in the same area as skydiving centers. There was discussion regarding a former skydiving school at the airport and the death of a skydiver in 1995. Ms. Wright reported that the Kansas City Skydiving Center was now purchasing private land for the drop zone and they now only wanted to lease office space in a hanger. This would not affect the LifeFlight lease of hanger space. Aldermen Howell, Minich and Roberts indicated they would like additional information. They wanted more time to learn more about the proposal and operations of the school. A work session was requested. The Board requested Ms. Wright to attempt to find unbiased experts to speak to the Board on this subject and to schedule a work session for further discussions. CITY OF HARRISONVILLE BOARD OF ALDERMEN REGULAR MEETING MINUTES FEBRUARY 21, 2006 7:00 P.M. http://ci.harrisonville.mo.us/pdfs/2006_minutes/022106%20Minutes.pdf ITEM NO. 13a - DISCUSSION OF THE PROPOSED Kansas City SKYDIVING CENTER, LLC AT THE LAWRENCE SMITH MEMORIAL AIRPORT – Mayor Wood asked those in the audience who were not in attendance for the skydiving issue, to please give their seats to those waiting in the hallway for the skydiving issue. City Administrator Dianna Wright explained the KC Skydiving School is requesting to lease hanger space from the City to locate their office. The drop-zone is now being proposed off-site on private property. She further explained the controversy surrounding the school includes the safe operation of the airport, Life Flight operations, concerns of adjacent property owners, operations of the proposed skydiving school, city liability and the proposed lease agreement with KC Skydiving School. A copy of Ms. Wright’s memo and its attachments are attached and made a part of these minutes. Ms. Wright further explained that even with the drop-zone being proposed on private property the City continues to be concerned about the safety of the operations of the airport with skydivers in the airport traffic pattern. Staff has asked the FAA for an interpretation of the compliance handbook regarding a request to establish a drop-zone “within the boundaries of an airport” and is this airspace considered a part of the ‘boundaries of an airport’? As of the date of the meeting, the FAA has not made a determination. She also explained Airport Manager James Green reported he was concerned about skydivers in the traffic pattern but the traffic pattern could be moved to one side Mr. Chuck Walker, Director of Program Operations for Life Flight addressed the Board. Mr. Walker reported the skydiving school would pose safety concerns but they would work proactively with the drop-zone operator to establish communication procedures to best coordinate the activities of both operations. Upon questioning, Mr. Walker reported that the operation of Life Flight is dedicated to serving the community and they have no short term plans for relocating. Alderman Minich asked about the rumor that Life Flight was looking into moving to the Clinton area. Mr. Walker responded that they do have a lot of calls from the Clinton area as well as the Sedalia, Lamont and Warrensburg areas and they are looking into the possibility of adding another aircraft rather than move. He further commented that the skydiving school applicants are very accommodating and their business plan is within the requirements of the FAA and he would suggest moving forward with them contractually. Life Flight would not start their aircraft while divers are in the air for safety reasons. The drop-zone is closer than they would prefer but operations would continue. Upon questioning from Alderman Linthicum, there was discussion regarding the leasing of the hanger space and how that would affect the operations of Life Flight. Mr. Walker suggested the City enforce whatever restrictions are stipulated in the contractual agreement and speculated there would be more foot traffic. Also, the busier the airport became, the foot traffic would become busier but it shouldn’t interfere with Life Flight’s operations. Mayor Wood questioned the length of time involved in responding to calls and how that might affect response time. Mr. Walker responded that could take approximately five minutes from the time the call came in and they started the aircraft. Alderman Howell asked about Life Flight adding an aircraft and where they might locate it to which Mr. Walker indicated they did not want to reveal their plans but it would be to the east. Alderman Walters commented that whether true or not, if Life Flight did move, the public perception would be that it was because of the proposed skydiving school. If the school becomes a reality, would this be detrimental in their decision to stay or leave? Mr. Walker responded that it would affect their daily operations to some degree but it would not be detrimental to their decision to stay or leave. Alderman Burdick asked if additional communication would help to which Mr. Walker indicated yes, they would be in radio contact however, the radios might interfere with rest time. Mayor Wood asked Mr. Walker’s opinion of a best-case scenario. Mr. Walker responded that he would suggest the City sign the lease with perimeters in the lease that were enforceable. Alderman Howell commented that the adjacent property owners had concerns and wondered why the applicants couldn’t purchase land farther away. Mr. Walker responded that would give Life Flight a better comfort zone but they would still not start the aircraft with divers in the air. Alderman Roberts commented that he had concerns regarding observers and how that might impact operations and the City’s liability. Ed Scott, Director of Government Relations from the United States Parachute Association (USPA) addressed the Board. Mr. Scott reported that he assisted in establishing skydiving centers. He commended Ms. Wright and Mr. Green for providing good information and indicated that it was not an easy task. Mr. Scott indicated there were two major issues at hand. The first is the compatibility of an airport helicopter with skydiving. Most skydiving facilities are on or adjacent to airports and the airports continue their operations and many use radios for communicating. Parachuters descend in traffic patterns and aircraft take off and land while the parachuters continue to descent. They are visible and can be seen to avoid. Also, traffic patterns can be moved to one side and that may optimize the separation.The second issue is safety. There may be a full range of safety issues involved. One is the opening of the chute and there can be automatic activation devises on chutes. Steps can be taken to monitor and regulate operations. The City can require certain steps to be taken also in the lease agreement. Some of these steps might include: 1) be a member of the United States Parachute Association (USPA) and to be in compliance with their guidelines. The applicant is willing to do this; 2) have an active operational drop-zone manual; and 3) have a self-inspection program and check what items the City desires to address such as verify credentials, member of USPA, etc. Further Mr. Scott reviewed why the City might want a skydiving school in their city. He indicated 1) it would bring in out-of-town visitors; 2) there would be need for lodging, food, gas, etc.; 3) the airport would become known and this would be good for a small non-busy airport; and 4) the activity is good for the local youth. Mayor Wood asked if he had seen the airport and did Mr. Scott think it would or would not be a good location for a skydiving school. Mr. Scott responded that it was not an active facility and there is not a lot of aircraft; therefore it would be a perfect airport of such a business. Alderman Minich commented that Mr. Scott was invited to the meeting by the applicants and were they members of USPA. Mr. Scott responded that they were. Alderman Minich further voiced concern about the adjacent property owners and what was the percentage of times skydivers might land off course and on neighbors’ properties. Mr. Scott indicated that GPS helps the pilot in fixing the jump location so there is a minimum of off field landings. It is rare but will happen. The operators would then take steps to find out why it happened and what steps to take to prevent future off field landings. Upon further questioning, Mr. Scott said he couldn’t predict how often this could happen as there are no statistics. Alderman Roberts questioned how the business could be evaluated with no statistics in place and if found to be in non-compliance what could be done. Mr. Scott indicated that membership in USPA could be suspended and that with few schools and sites for jumping, this could have a great impact on the business. Discussion continued regarding requirements the City could impose in the lease agreement as well as certain insurance requirements. Alderman Walters asked if there were any statistics for air ambulances and skydiving at the same airport. Mr. Scott responded that some research had been done and he had not heard of any problems and no complaints.There was then discussion regarding the City’s liability. City Attorney Steve Mauer commented that by entering into a lease agreement, there is no additional liability to the City. If the City does not enter into a lease agreement, KC Skydiving Center could still use the airport for take off and landings in connection with their business. A lease may put the City in a better position as they can have more control by putting in stipulations and restrictions in the lease agreement. Ms. Wright commented that any restrictions the Board desired could be incorporated in the agreement. Alderman Roberts expressed concern about whether this business would require more staff time and extra duties. Mr. Mauer commented that it would not be any different whether there is a lease agreement or not. Alderman Linthicum commented that the lease agreement needed to be changed. Ms. Wright commented the fuel truck would be parked on the site in a safe location but would have no impact on the airport operations. Alderman Walters indicated she believes that a vote for the agreement would be seen as giving the business her blessing and she did not want to have this perception. Alderman Check commented that there were letters opposing this issue being distributed all over town, unsigned. They were on cars in parking lots, churches and even on cars at a funeral where she had to pick up the litter made from these letters flying off the cars. She expressed her displeasure of this type of tactic. Mayor Wood invited the applicants, Paul and Joanna Eriksmoen to address the Board regarding the issues that have been raised. Mr. Eriksmoen indicated that he agreed with Mr. Scott’s suggestions and planned to take those steps anyway. Alderman Roberts asked if they had a plan to fall back on if the County did not approve the re-zoning request to which Ms. Wright commented that the County would not rezone but it might be considered for a Special Use Permit. Mr. Eriksmoen responded that he didn’t know. Alderman Howell asked why they didn’t buy property farther south. Mr. Eriksmoen said the proposed drop-zone exceeds clearance requirements so there was no need to attempt to purchase land farther away. He said he did not know where the 3,000 foot separation came from. ITEM NO. 13b. - PUBLIC COMMENT ON THE PROPOSED KANSAS CITY SKYDIVING CENTER, LLC - Mayor Wood emphasized that the City was not deciding if skydivers could come to Harrisonville or not but were only deciding whether or not to lease hanger space to the KC Skydiving School. Mayor Wood then invited anyone in the audience to speak with a 4-minute time limit on why or why not to lease the space to the skydiving school. Don Zarda addressed the Board. He identified himself as a professional skydiver and skydiver instructor in Lexington and had traveled extensively in his line of work. He commented that it is best to have a business such as this at a privately owned airport. This airport is too small and the drop-zone is too close with the prevailing winds. Also, a maximum of seventeen jumpers poses increased risks. He suggested more information be gathered before making a decision. Mayor Wood again explained that the only issue the City would decide upon is the option to lease to the skydiving school office space in a hanger. Alderman Check asked why a person from another location several miles away is so concerned about this issue. Mr. Zarda said he worked in Lexington. He further stated that the City is not required to lease property because of the federal funding they received for the airport. He further commented that he did not want to see any more accidents from a bad dropzone. Nick Wheeler from Peculiar addressed the Board stating he had rented space at the airport for the last fifteen years. He indicated that all aircraft exit the hangers with the propellers running and with the increase foot traffic as well as jumpers in the air who could miss the drop-zone; it would pose further safety concerns. He indicated he had a personal experience of a jumper landing at the edge of the runway and he had to take other measures to avoid an accident. He indicated there was not enough room for both jumpers and aircraft taking off and landing. Mayor Wood reported that certain criteria could be stipulated in the lease agreement to reduce the risks. There was discussion regarding the airspace to which Ms. Wright commented that the City had not heard back from the FAA yet on this definition however, the traffic pattern could be moved. Airport Manager James Green spoke indicating he had talked with the Central Region of MoDot and several other agencies at the state and federal level asking about the airspace and the airport boundaries. As of this date, he had not received a response. John Balthis addressed the Board stating he had rented hanger space at the airport for the last 15 to 16 years. During the 1990’s he said he saw some bad things happen. There was a disregard for the rules; saw someone come close to getting hit by propellers as an aircraft was coming out of a hanger, etc. He commented that the City would be liable if someone were killed and wondered why the pilots renting from the airport had not been told of the proposed skydiving school. He indicated he would not rent from the airport if the school came. He further indicated that many pilots wouldn’t fly on the weekends in the 1990’s because of the skydivers in the air. He believes the airport will dry up if skydivers are allowed. Mayor Wood asked Mr. Green if the Airport meetings were posted at the airport to which Mr. Green responded they were. There was discussion regarding the need to have the office and the public restrooms open for use by the public. Steve Schonfeldt from Overland Park, Kansas addressed the Board. He indicated he was skydiver of six years. He said this was a new vision and it should be a successful drop-zone. He expressed his opinion that the skydiving school, private properties owners and the city would be very good neighbors and the applicants would do everything they could to cooperate. Greg Rogers of Cass County addressed the Board. He indicated that when flying, the pilot cannot see above in the plane and not all pilots use a radio so they won’t have any way of knowing if there are jumpers in the air. He indicated that if the City leased the hanger space, he would not be coming back to use the airport because of the danger. At this point, the Mayor declared a 10-minute break at 9:10 p.m. At 9:20 p.m. Mayor Wood reconvened the meeting. Alderman Minich noted that at this point there was nothing to vote on because the Board wants various stipulations written in the lease agreement. Alderman Roberts questioned the time element involved which it was noted that in reality, the applicants didn’t need the lease to start jumping. Ms. Wright asked the Board to give her direction as to whether or not the Board desired to consider a lease agreement with the KC Skydiving School. If not, fine however, if they did desire a lease, the Board would have more control of the business and they could write certain stipulations into the agreement. Alderman Howell questioned Mr. Walker if he thought this could be worked out to which Mr. Walker indicated whatever stipulations the Board desired could be written into the lease agreement. He commented that even Life Flight said it could be worked out. Mayor Wood questioned the airspace and could the City stop the divers from using the airport airspace. There was then discussion concerning the traffic pattern and how that pattern could be changed to allow for greater distance for safety purposes. Alderman Minich questioned the third party insurance to which City Attorney explained that it was no different from any other insurance the airport now carries but the City could stipulate more in their lease agreement. Alderman Minich asked how high a diver would need to be in order to come across the landing strip in the traffic pattern in order to hit the intended drop zone. This was with the prevailing winds from the southwest. Mr. Scott estimated the diver would be 1500 to 2000 feet above the runway. Mayor Wood asked the Board for direction. Alderman Minich indicated he did not want this particular lease. Mary Albright from Pleasant Hill addressed the Board expressing her opposition to the skydiving school. Allen Strausbaugh addressed the Board saying it would be a disgrace to lose Life Flight over this. Mayor Wood re-emphasized that the City cannot stop the skydivers from using the airport. The only issue at hand is whether or not to lease them hanger space and with a lease, the City could stipulate certain regulations for the skydivers to follow and make sure they are good neighbors to Life Flight. Also, he reminded that if there is a lease, the $1M insurance could be a stipulation. With no lease, there would be no insurance required from the applicant. Chris Hall addressed the Board indicating he lived in Lee’s Summit and was a skydiver for 16 years with 9 of those years operating a skydiving school at the Butler airport. He indicated his interest in this is the safety issue. He reported that when there was skydiving at this airport in the past, he had made 1000 jumps but during that time there was not the growth then as there is now also, there were not 17 divers jumping from a plane. Also, he said he had checked with the County Recorder and the intended property the applications are purchasing has not been sold to them yet. Mr. Hall indicated that MoDot had inspected the airport and determined it was not safe for skydiving. Alderman Check asked Mr. Hall why he was so concerned about skydiving in Harrisonville. He responded it was for safety reasons. Alderman Minich asked how often the intended drop-zone target is missed. Mr. Hall estimated perhaps 20% of the time. Mayor Wood asked how close his drop-zone was to the runway to which Mr. Hall estimated 500 feet. Tom Dolphin, Manager of the Lexington Airport addressed the Board and agreed with the Mayor, that the skydiving cannot be stopped at the airport but he added, the business could be stopped. There was discussion as to how the applicants could get $1M in insurance when it was reported from others experienced in this field that insurance cannot be gotten. Mr. Scott responded that perhaps they would get it from Lloyds of London. Alderman Check asked about Mr. Dolphin’s insurance and he indicated he purchased the airport because he couldn’t get any insurance. He does not carry any insurance. Mr. Dana Severalli addressed the Board. He explained that he was the owner of the former skydiving school that was housed at the airport 11 years ago. He said he was forced out of the business because the Board at the time forced him to have $1M in insurance and it could not be gotten. Mayor Wood asked the Eriksmoen about the $1M insurance and Mr. Eriksmoen said they would comply with whatever is in the lease agreement and they can get the insurance. Alderman Check asked if there were no lease then no insurance to which Mayor Wood responded, yes, that was right. Alderman Stewart commented that he had heard that MoDot would not approve the arrangement to which Mr. Green replied he had not heard that before. Alderman Roberts made a motion to delay the bill to which discussion continued and there was no second. Mr. Eriksmoen said if the agreement was delayed, they would have to start building in Cass County and won’t come back to Harrisonville. There would be a loss of revenue for the City. Mayor Wood responded they would still have to go through the County’s Planning and Zoning and that would take at least thirty days. Ms. Eriksmoen asked the Board to please ask Mr. Scott any questions they desired tonight so that he would not have to be flown back for the next meeting. Alderman Walters asked Mr. Eriksmoen if they had purchased land to which Mr. Eriksmoen said they had it under contract to purchase with no contingency. ITEM NO. 13c. - COUNCIL BILL NO. 005: A RESOLUTION TO AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF HARRISONVILLE, MISSOURI, AND KANSAS CITY SKYDIVING CENTER, LLC. FOR LEASE OF CERTAIN PORTIONS OF A TERMINAL BUILDING LOCATED AT THE LAWRENCE SMITH MEMORIAL AIRPORT - At the Mayor’s prompting, Alderman Check moved to look into a lease with the stipulations and regulations that had been brought up earlier in the meeting. The motion was seconded by Alderman Burdick. The Mayor asked for a voice vote to which it was indicated that all did not vote. Therefore the Mayor asked for a roll call vote which passed as follows with the Mayor breaking the tie: Ayes: Aldermen Stewart, Check, Burdick, Linthicum and Mayor Wood Nays: Aldermen Walters, Roberts, Howell and Minich Ms. Wright commented that staff would work on an appropriate lease agreement. CITY OF HARRISONVILLE BOARD OF ALDERMEN REGULAR MEETING MINUTES MARCH 6, 2006 7:00 P.M. http://ci.harrisonville.mo.us/pdfs/2006_minutes/030606%20Minutes.pdf ITEM 7. - COUNCIL BILL NO. 005: A RESOLUTION TO AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF HARRISONVILLE, MISSOURI, AND KANSAS CITY SKYDIVING CENTER, LLC, FOR LEASE OF CERTAIN PORTIONS OF A TERMINAL BUILDING LOCATED AT THE LAWRENCE SMITH MEMORIAL AIRPORT – City Attorney Steve Mauer read the resolution by title only. City Administrator Dianna Wright explained staff had made the amendments to the lease as directed by the Board at the last meeting. Those amendments are noted in her memo which is attached and made a part of these minutes. She then introduced Mr. Steve Edwards, Claims Manager from Cretcher-Lynch Insurance Company who was in attendance to explain the insurance issue and answer any questions. It was noted that the Eriksmoen’s were not able to obtain the requested $1M third party insurance but they would carry $50,000 third party insurance through the United States Parachute Association. Paul and Joanna Eriksmoen then addressed the Board. Ms. Eriksmoen thanked the Board and staff for their patience and asked that the Board decide favorably for the lease of the space for the betterment of the community. She explained that all the Board’s concerns were addressed in the revised lease agreement and they would be responsible for any and all crowd control equipment needed such as fencing, etc. They will also provide radios to the Life Flight crews for communications with their pilots in the air. However, she then informed the Board that their request for $1M of third party insurance was not available to be purchased but she reported that it wasn’t necessary. She further explained that none is required of any other airport in the country. They plan to open the skydiving school April 1, 2006 with or without a lease from the City. Also, she noted they have complied with every request made of them from the Board except the above-mentioned insurance and they would comply with that but it was not available. Alderman Minich asked if they had worked out what was needed from the county for them to build a building on the parcel of land they were purchasing for the drop-zone. Mr. Eriksmoen responded no, they would use the facilities at the airport as it was designed for aeronautical use, which skydivers fit into that category. There was then a lengthy discussion concerning how the $50,000 third party insurance would be used and several examples were given for illustration purposes and edification of the Board. Alderman Walters asked if someone were killed by a skydiver, would there only be $50,000 coverage to which Mr. Eriksmoen responded in the affirmative. Discussion continued and the issue of how $50,000 would not be sufficient for damage of a large vehicle. Mr. Eriksmoen stated that there had never been a claim near $1M. Mayor Wood gave the example of how the $50,000 might cover damages to a vehicle but it would be unlikely it would cover if a plane were damaged. There was discussion regarding an accident in Independence a few years ago which resulted in a $6M judgment. Mr. Eriksmoen explained this was a plane crash that took off from the Independence airport and crashed near the Grain Valley airport. Alderman Linthicum asked if the lease was approved as it currently stands including the requirement of $1M, would the Eriksmoen’s then be in violation if they continued to operate the skydiving school without the insurance. City Attorney Mauer responded that the lease agreement would need to be amended. The Board could either amend the lease at the meeting by a motion, second and vote or direct staff to amend it and then bring it back at the next meeting. Discussion continued regarding the availability of $50,000 insurance vs. the non-availability of $1M of insurance. It was suggested that the $1M is not available because of the high risk activity. Ms. Wright reported that the applicants could get more than the $50,000 insurance coverage for the premises. It was also noted that the skydivers have to sign a waiver before they are permitted to jump. Alderman Howell questioned why some professions such as utility employees could obtain as much as $1M insurance or more to which Mr. Edwards, from Cretcher-Lynch Insurance Company speculated that it might be because there were more utility employees than skydivers. Mayor Wood explained there could be $1M insurance on the premises but not on the third party insurance. Life Flight is covered by on the premises insurance of at least $1M. Alderman Walters asked if the City did not approve the lease would there be insurance policies to which Mr. Eriksmoen responded that it would be highly considered by not required. Alderman Walters asked what the benefit would be to the City. Mr. Edwards responded that the City would have control over the business with a lease in place whereas without a lease the City would not have any control. Ms. Wright also responded that it would give the City protection. Mr. Edwards also noted that with a lease, there would be no additional risk to the City. Alderman Walters expressed her concern that if the lease were approved, the public perception would be that the City wanted this business. Mr. Mauer commented that with a lease at least the City would know there was $50,000 of insurance whereas without the lease, there was no guarantee of any insurance. Alderman Roberts commented that it only made sense that any business would carry insurance for their own protection. Alderman Check stated that the comments from the Lexington drop-zone operator at the last meeting indicated he operated without insurance. Mayor Wood asked the Board for direction regarding the insurance issue in the lease agreement. Alderman Howell commented that in January the Board had a development issue before it that failed because the Board felt uncomfortable with the issue. He noted that he felt uncomfortable with this issue as well. Alderman Minich agreed with Alderman Howell and noted that the lease agreement should cover all provisions but was not sure if all possible provisions had been covered. He wanted to feel comfortable with the lease agreement before passage. Mayor Wood commented that the insurance issue had not changed and again asked the Board for their direction regarding the insurance in the lease, whether to amend on the floor or to direct staff to take back and revise and then bring the lease back to the Board at a later meeting. Alderman Howell asked if it could be amended on the floor and how. Mr. Mauer responded that Section 7.3(A) would need to be amended by deleting the following words: “including, but not limited to all parties and participants of the Tenant’s business operations,” There was further discussion concerning the insurance aspects of the lease and the ramifications of the applicant’s not carrying the requested $1M and only $50,000 of third party liability insurance. If $1M of General Liability insurance was not available, Alderman Howell asked where this requirement came from to which Ms. Wright explained this is required of Life Flight but because these are two different types of businesses, it was found that the $1M insurance is not available for skydivers. Mr. James Green has been in contact with other airports that have drop zones and found they do not require this type of insurance. Mayor Wood indicated he would entertain a motion from the Board to amend the contract regarding the insurance. Alderman Linthicum moved to amend the lease agreement by deleting the following words from 7.3(A): “including, but not limited to all parties and participants of the Tenant’s business operation,”. The motion was seconded by Alderman Stewart and failed by a roll call vote as follows with the Mayor breaking the tie: Ayes: Alderman Stewart, Check, Burdick and Linthicum Nays: Alderman Walters, Minich, Howell, Roberts and Mayor Wood Absent: None Abstain: None The motion to amend failed.