[BoulderCouncilHotline] Re: Skydiving - requesting a meeting

[Morzel, Lisa]

I would like to know what the public process is going to be for this potential new use. Will this item be having a public hearing at the TAB and will it then go to Council?

Thanks

Lisa

Lisa Morzel
Member, Boulder City Council
303-815-6723 c
303-938-8520 h


How far we humans as stewards of the Earth have fallen.



On Oct 11, 2019, at 10:58 AM, kimberly gibbs <kgibbsboulder at gmail.com> wrote:


Good morning Denis and Bill,

Denis, on behalf of a group of concerned citizens I requested a meeting with you to discuss skydiving operations at the Boulder airport.  Over many years serving as a community advocate regarding aviation impacts, I have gained valuable knowledge about skydiving operations and associated regulations that likely far exceed any of the "airport users" who were recently invited to meet with the FAA.  Your refusal to meet with me runs counter to your earlier invitation to meet and to put it simply, it's not going to fly.

I'm looping in Bill Cowern per your guidance (below), and hoping that he can assist in promptly brokering a resolution to this impasse.

Bill and Denis,  we respectfully request that you reconsider our meeting request and respond by the end of business today.  I'm happy to schedule the meeting at Denis' convenience next week.  There are important airport-related questions that we wish to discuss. I am sure you would agree that the airport manager position is in fact a public service role that involves communicating with the public.

If we are unable to schedule a meeting then we will begin attending city council meetings next week to educate council about this unacceptable situation and our concerns about skydiving operations and other aviation-related pollution.  Please feel free to call me if you would like to discuss further.

-Kim Gibbs
303-530-6918

Oct 7 partial email from Denis to Kim (see full text below.):
" I would ask that you first appeal to my boss the Boulder Director of Transportation if you are not satisfied with a response from the airport."
"If you and your colleagues would like to meet with me to discuss this matter further, I am at your disposal and can record it as stakeholder input.  "

Oct: 11:  Denis refusing meeting request

Kim,

I am not available to meet. However, and as you suggested, we contemplate holding a public stakeholder meeting, perhaps some time in November.

I will certainly keep you apprised as that develops.

Regards,

Denis B. Godfrey, Airport Manager
Oct 9:  Kim email requesting a meeting with Denis
Good afternoon Denis,

I would like to schedule a meeting with you to review further questions about skydiving at BMA.  I'm available Friday morning or next week.  Can you please let me know your availability.

Thanks so much,
-Kim

Oct 7 email from Denis:
Kim,

Thank you for sharing the anonymous tip. Unfortunately the tip has several inaccuracies and as a preliminary matter, I want to clarify some things.

A commercial skydiving operation is not proposed for the Boulder Municipal Airport.

There is not a public stakeholders meeting with FAA to discuss a commercial skydiving proposal.

The airport is not in the process of allowing full-time skydiving without any restrictions.

The FAA requested airport user comments specific to airport operational safety, not general, public stakeholder comments.

All day skydiving has not been approved by the airport for October 11th – 13th.

As I indicated in our conversation, the FAA is facilitating a meeting between the airport and the complainant in this matter with respect to safety. This is a private meeting, think along the lines of arbitration as a loose analogy. Conversely, as you know, an airport cannot arbitrarily ban a non-commercial  aeronautical activity despite any public sentiment to the contrary.

Again, I can assure you there is no proposal for a commercial skydiving operation at Boulder airport and I’m comfortable stating on behalf of the city that we have no intention of entertaining such a proposal.

In closing let me say that I think you can agree we have had considerate and constructive conversations in the past regarding aircraft noise. I was crystal clear and quite emphatic in our latest conversation with respect to any proposed commercial skydiving operation. I understand that this is a hot-button issue but I’m afraid you have pulled the fire alarm too soon in this instance based upon anonymous misinformation and peppering the Boulder city council and county commissioners with misinformed emails is not constructive. In the future I would ask that you first appeal to my boss the Boulder Director of Transportation if you are not satisfied with a response from the airport. He is cc’s here.

If you and your colleagues would like to meet with me to discuss this matter further, I am at your disposal and can record it as stakeholder input.

Thank you,

Denis B. Godfrey, Airport Manager

On Fri, Oct 11, 2019 at 7:26 AM Godfrey, Denis <GodfreyD2 at bouldercolorado.gov<mailto:GodfreyD2 at bouldercolorado.gov>> wrote:
Kim,

I am not available to meet. However, and as you suggested, we contemplate holding a public stakeholder meeting, perhaps some time in November.

I will certainly keep you apprised as that develops.

Regards,

Denis B. Godfrey, Airport Manager
<image004.jpg>


From: kimberly gibbs <kgibbsboulder at gmail.com<mailto:kgibbsboulder at gmail.com>>
Sent: Wednesday, October 9, 2019 4:07 PM
To: Godfrey, Denis <GodfreyD2 at bouldercolorado.gov<mailto:GodfreyD2 at bouldercolorado.gov>>
Cc: Mark Ricketson <msricketson at gmail.com<mailto:msricketson at gmail.com>>
Subject: Skydiving - requesting a meeting

Good afternoon Denis,

I would like to schedule a meeting with you to review further questions about skydiving at BMA.  I'm available Friday morning or next week.  Can you please let me know your availability.

Thanks so much,
-Kim


---------- Forwarded message ---------
From: kimberly gibbs <kgibbsboulder at gmail.com<mailto:kgibbsboulder at gmail.com>>
Date: Wed, Oct 9, 2019 at 4:00 PM
Subject: Re: Urgent: Boulder Skydiving Company
To: Cowern, Bill <CowernB at bouldercolorado.gov<mailto:CowernB at bouldercolorado.gov>>
Cc: Godfrey, Denis <GodfreyD2 at bouldercolorado.gov<mailto:GodfreyD2 at bouldercolorado.gov>>, Council <council at bouldercolorado.gov<mailto:council at bouldercolorado.gov>>, Lauren Casalino <laurencasalino at gmail.com<mailto:laurencasalino at gmail.com>>, Mark Patrick <mpatrick65 at gmail.com<mailto:mpatrick65 at gmail.com>>, P Monier <pnmonier at gmail.com<mailto:pnmonier at gmail.com>>, Justin Neway <justin at jneway.com<mailto:justin at jneway.com>>

Bill,

Thank you for your email and clarification about skydiving at BMA.   I have carefully read yours and Denis' responses.

I was surprised to learn from Denis that parachuting has been occurring at BMA over the past year on a very limited basis - 2 or 3 times in the past 5 months.  I was not able to find any airport rules and regulations online for the airport (similar to Longmont airport's rules and regulations<https://protect-us.mimecast.com/s/1nMrCKr9lEiqz9NWIMjEr3?domain=longmontcolorado.gov>).  There is no mention of parachuting on the airport web site, and no skydiving symbol on the aeronautical chart.<https://protect-us.mimecast.com/s/j08yCL9WmBhPyXr9uqznBa?domain=skyvector.com>

It appears evident that the FAA Part 13 complaint was filed by someone who wants to increase skydiving operations at BMA.

The drop zone boundaries noted in the graphic are adjacent to hazards and are unlikely to comply with the USPA Basic Safety Requirements (BSR's) described in the USPA Manual<https://protect-us.mimecast.com/s/Cx_ZCM8WnBi5M913uJZjw9?domain=uspa.org> for anyone other than expert level skydivers.  Are there restrictions on the skydiver licenses and who is enforcing that? It is my understanding that the drop zone boundaries are not marked on the ground, leading to further questions about how that information is conveyed to skydivers.  Without any published information, we are left to wonder what are the rules and regulations regarding skydiving.

<image007.jpg>

Most importantly, as both you and Denis have emphasized, the city's acceptance of federal grants prevents the city from exercising any local control over an airport that they own and operate.  The city may not prohibit skydiving - whether "recreational" or "commercial" -  if the FAA deems that both skydiving and other operations can coexist.

  I will contact Denis to schedule a meeting to sort out the ongoing questions.

-Kim



On Mon, Oct 7, 2019 at 2:04 PM Cowern, Bill <CowernB at bouldercolorado.gov<mailto:CowernB at bouldercolorado.gov>> wrote:
Members of city Council and residents of the Boulder community,

Some questions have arisen about skydiving operations at the Boulder Municipal Airport (BMA) and the purpose of this email to provide clarifying information.

There has not been nor are there plans to propose a commercial skydiving operation at the BMA.  Regulated, recreational skydiving/parachuting has been occurring at the BMA for over a year.  It is not within the city’s authority to prohibit such activities without authorization from the Federal Aviation Administration (FAA), pursuant to FAA regulations and under the terms of our federal grant assurances.

Our staff does have concerns with respect to concurrent glider and parachuting operations and we are seeking to preclude the establishment of a permanent parachuting drop zone of the airport property, as the space is planned through the BMA master plan for future hangar facilities.  The city would also oppose the establishment of a commercial skydiving operation at the BMA.

In 2018, an individual filed a complaint with the FAA, against the city of Boulder alleging violation of the city’s federal grant assurances with the FAA and other complaints related to restrictions on parachuting activity at the BMA.  Staff is working with the complainant and the FAA to resolve this manner.

Both the city and the complainant have requested that the FAA conduct a safety assessment with respect to aircraft operations at the BMA.  FAA representatives will be meeting with the city’s Airport Manager and the complainant on Wednesday, October 9, as a component of this assessment.  We believe that this meeting is the meeting that some members of the public have referenced.  This is not a public meeting but rather a private meeting between the FAA, city staff and the person filing a complaint against us.

The city has also solicited input on the benefits and impacts associated with skydiving at the BMA from other airport users potentially impacted by skydiving operations.

I hope that this information is helpful.  Should you have any additional questions please feel free to contact the city of Boulder’s Airport Manager, Denis Godfrey at GodfreyD2 at bouldercolorado.gov<mailto:GodfreyD2 at bouldercolorado.gov>.

Sincerely,
Bill Cowern
Principal Traffic Engineer / Interim Co-Director of the Transportation Division
P.E.
<image003.png>
Office: 303-441-3266
CowernB at bouldercolorado.gov<mailto:CowernB at bouldercolorado.gov>
Transportation Division of Public Works
1101 Arapahoe Avenue | Boulder, CO 80302
Bouldercolorado.gov<https://protect-us.mimecast.com/s/1LJVCOY6p9iAzwjxIPM3vk?domain=bouldercolorado.gov>

From: kimberly gibbs <kgibbsboulder at gmail.com<mailto:kgibbsboulder at gmail.com>>
Sent: Friday, October 4, 2019 11:25 AM
To: Godfrey, Denis <GodfreyD2 at bouldercolorado.gov<mailto:GodfreyD2 at bouldercolorado.gov>>; Council <council at bouldercolorado.gov<mailto:council at bouldercolorado.gov>>
Cc: commissioners at bouldercounty.org<mailto:commissioners at bouldercounty.org>; Julie Vossler Henderson <jvhenderson at prairiemountainmedia.com<mailto:jvhenderson at prairiemountainmedia.com>>; John Fryar <jfryar at times-call.com<mailto:jfryar at times-call.com>>; Sam Lounsberry <slounsberry at prairiemountainmedia.com<mailto:slounsberry at prairiemountainmedia.com>>
Subject: Urgent: Boulder Skydiving Company

Good morning Denis and Boulder City Council,

I received a report that a skydiving company has begun operating from the Boulder Airport (or possibly they are proposing to operate.)

Is that true?

1.  Are skydiving operations currently underway or proposed at the Boulder airport?
2.  If so, where are the skydivers landing?

If it's on airport property, I'm sure you are aware that there has been absolutely no public process and that a skydiving dropzone has been denied there for many years.
If they are landing off airport property, they are operating in blatant violation of the Boulder County land use code and you would be allowing an unlawful operation.  The last skydiving company left in 2014, due to denial of their special use permit (see articles below.)

3.  If skydiving has been proposed, why hasn't there been any public notice or outreach to the community?

Skydiving operations create a serious public noise nuisance.  We will vigorously oppose any efforts to allow skydiving operations based at the Boulder airport.

-Kim Gibbs
303-530-6918
Boulder County commissioners deny skydiving landing zone application
By John Fryar Longmont Times-Call
Posted:   01/30/2014 09:53:46 PM MST | Updated:   10 months ago
 Boulder County commissioners on Thursday denied a skydiving company's application to continue using a 5.6-acre parcel on a Gunbarrel-area farm as a landing zone for parachutists.

Thursday's unanimous decision by Commissioners Cindy Domenico, Deb Gardner and Elise Jones means that the Boulder Municipal Airport-based Independent Skydive Co. will have to cease using the landing zone about a quarter mile south of the intersection of North 79th Street and Mineral Road. The site is part of a larger 36-acre area on Charles-Rodgers property at 5980 N. 79th.

Independent Skydive Co. owner Jeremy Divan, who's been using the property as a landing zone since September 2011, said after the meeting that it's his understanding that he'll have to stop using it immediately.

Divan predicted it may take six or more months to find another suitable landing zone for his businesses' skydiving clients and customers, and to try to get Boulder County's permission for converting that site to an "outdoor recreation use," if it's in an unincorporated area in this county.

County commissioners emphasized that their decision wasn't based on complaints and concerns brought by skydiving operations critics -- including critics of Mile-Hi Skydiving, based at Longmont's Vance Brand Municipal Airport, as well as Divan's Independent Skydive -- about the noise and flight patterns of the planes carrying the parachutists. Those are issues regulated by agencies such as the Federal Aviation Administration and the airports themselves, and not by the county, commissioners insisted.

Said Gardner: "We really don't have any jurisdiction over the air space."

Instead, commissioners endorsed its Land Use Department's recommendation: that the county deny Independent Skydive's application because neither the 5.6 acre landing site nor the larger 36-acre area in which it's located are big enough to prevent parachutists from landing on adjacent and nearby properties.

Land Use staffer Steven Williams wrote in a memo to the commissioners that the department couldn't conclude "that the proposed property can sufficiently accommodate the proposed use and may rely on the use of adjacent properties to receive errant skydivers or to retrieve associated equipment." The memo said the county staff doesn't believe "it is reasonable to expect adjacent property owners to ... bear this direct of an impact" when landings occur off-site.

The 15 people who testified at the Board of County Commissioners' Thursday hearing on Independent Skydive's application included supporters as well as critics of the company's proposal to continue using the farmland for landings.

Marc Horan, who said he works at Boulder Municipal Airport, said the plane Divan uses to carry skydivers is one of only 167 aircraft based at the airport, and "eliminating his operation is not going to eliminate the noise" of planes arriving or departing from that facility.

Horan also asked why the county would want "to eliminate the fun for thousands of people" who enjoy skydiving or want to try it.

But Longmont resident Wayne Wolfe described what he said is the continuous noise from Mile-Hi's skydiving aircraft -- planes he said sometimes pass over his neighborhood every 15 minutes -- a situation Wolfe said "shouldn't be allowed in the quality of life in Boulder County."

Commissioner Jones encouraged Divan to check out other possible land-zone locations that wouldn't raise the land-use concerns that the North 79th Street area did, "and see if you can get to 'yes' on another site."

John Fryar can be reached at 303-684-5211 or jfryar at times-call.com<mailto:jfryar at times-call.com>.


Recommended: Denial of Independent Skydive Company's landing zone near Boulder
By John Fryar Longmont Times-Call
Posted:   11/20/2013 06:56:56 PM MST
Updated:   11/20/2013 07:08:36 PM MST

BOULDER -- A Boulder County planning panel recommended Wednesday that the Board of County Commissioners deny a skydiving company's application to continue using a 5.6 acre Gunbarrel--area parcel as a landing zone for parachutists.
Boulder County Planning Commission members endorsed the county staff's position that Independent Skydive Company's application should be denied because of the potential that the errant parachutists could wind up landing private or government-owned property.
Jeremy Divan, the owner of Independent Skydive Co., said only six or seven skydivers landed off the Charles Rodgers property at 5980 N. 79th St. in the past year. The company operates out of Boulder Municipal Airport.
Several people speaking at Wednesday's public hearing, however, said they'd observed more than the six or seven off-site landings Divan has acknowledged.
"I personally witnessed two landings that were off that map," said Leslie Molnar, who lives at 5880 N. 79th St.
"People flying from the sky can land on your yard at any time," said Molnar, although he said after the hearing that none has landed on the rental property he occupies in the 10 months he's lived there.
Michael Rubin, a Berthoud-area resident, said some jumpers have landed on property he owns on North 79th Street.
Kimberly Gibbs, a Gunbarrel Estates resident who's actively fighting the operations of Mile Hi Skydiving, based at Longmont's Vance Brand Municipal Airport, said the activity creates "a terrible noise burden to everyone who's living beneath it."
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Planning commissioner Gail Hartman said the nature and intensity of the proposed continued use would place an undue burden on adjacent property owners.
"I just do not think this is the place for such an activity," Hartman said.
Several commissioners and members of the public suggested there might be more appropriate locations in unincorporated Boulder County for such a skydiving landing area -- either less-populated areas or a commercial or industrial zone.
But Divan's attorney, Craig Brockwick, said a "standard of perfection" -- one in which an applicant could guarantee that no off-site landings would occur -- would essentially ban skydiving landing sites on properties in unincorporated Boulder County.
County commissioners will hold their own public hearing, which hasn't yet been scheduled, on the company's proposal.
John Fryar can be reached at 303-684-5211 or jfryar at times-call.com<mailto:jfryar at times-call.com>.


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