Memorandum
City of Lawrence
Public Works
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TO: |
Diane Stoddard, Interim City Manager |
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FROM: |
Charles F. Soules, Director of Public Works |
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CC: |
Casey Toomay, Toni Wheeler, Bryan Kidney |
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DATE: |
January 12, 2018 |
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RE: |
Lawrence Municipal Airport – History of Requests for Skydiving |
The City has received funding from the FAA for numerous improvements at the airport. This funding is typically at a 90% Federal share and 10% local (City share).
With the appropriation of Federal Funding the City agrees to certain obligations (Grant Assurances). There are 39 Grant Assurances (attached). Not all Grant Assurances are applicable to every project.
The recent skydiving requests allege the City is in violation of Assurances #22 and #23 which speak to making the airport available for all aeronautical activities. However, Assurance #19 and #22 (h) and (i) provides that the sponsor (City) may establish reasonable rules (Airport Minimum Standards) and may prohibit any kind of aeronautical use if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs to the public.
Briefly summarizing the issues and events:
In 2009 Mr. McCauley expressed an interest in establishing a skydiving business at the Lawrence Airport. At that time Mr. McCauley’s proposal was denied for failing to comply with the Airports Minimum Standards. Requests for additional operational and safety information for skydiving requests have not been received to date, instead just demands to allow skydiving activities. The Airport Board did hear Mr. McCauley’s request at an open board/public meeting where concerns were raised by users at the Airport. The City has received written correspondence from airport businesses expressing their concerns as well as Lifestar stating that if skydiving operations were established, they would have to re-evaluate their operations in Lawrence and possibly relocate (attached).
Mr. McCauley filed an informal complaint with the Federal Aviation Administration (FAA) alleging the City was violating our Grant Assurances by not allowing skydiving operations. In 2010 the City received a letter from the FAA that the FAA had determined that skydiving could possibly be supported under certain provisions. The City requested a copy of the study (which has not been received); however, in discussions with FAA personnel they did not have a map of the property owned by the City and merely reviewed the area around the airport for obstructions and the air space. Subsequently the City developed a map and sent it to the FAA (attached).
In 2014 the City was again approached by Mr. McCauley and his attorney. They insisted that if the City did not allow skydiving to occur then they would file a formal Part 16 complaint. The City again responded that we needed to see Mr. McCauley’s operational plan that complied with the Minimum Standards, and the response received was that the City had all the information that was needed.
In 2015 the City received seven requests of a similar nature without any specifics on how the skydiving operations would be conducted.
Following is a history of the request for skydiving at the Lawrence Municipal Airport:
January 14, 2009 – Mr. McCauley attended the Aviation Advisory Board Meeting, introduced himself and presented himself as interested in aerial photography.
March 9, 2009 – Staff met with Mr. McCauley and discussed his business proposal and insurance. Staff invited Mr. McCauley (via email) to speak to the Aviation Advisory Board about parachuting at the March meeting with respect to the Airport’s 80th Birthday event. He responded that he was not sure due to the huge amount of out of pocket expense.
March 25, 2009 – Aviation Advisory Board Meeting - Mr. McCauley offered to perform a couple of parachuting jumps with flags at the Celebration 80th Birthday Event but advised that all flight operations would have to stop in order for his parachuting jumps to occur. The Board determined Mr. McCauley’s proposal would not work as part of the Celebration with all the flights occurring (the Make A Wish Foundation and local Sorority were offering flights as a fund-raising event) and advised landings would have to occur off of the airport premises for traffic safety reasons.
April 1, 2009 – Staff met with Mr. McCauley to discuss the procedural process relative to the Aviation Advisory Board, Planning Commission and the City Commission.
April 2, 2009 – Mr. McCauley thanked staff for help.
April 15, 2009 – Mr. McCauley introduced Scott Hallock, a business acquaintance, to the Aviation Board. Mr. Hallock was a pilot. Mr. Hallock became confrontational with the Advisory Board.
April 23, 2009 – Letter to Mr. McCauley declining his participation in the 80th Anniversary Open House event (attached). The Board will consider his business proposal on May 6th.
April 29, 2009 – Received Mr. McCauley’s request for information with deadline of May 4, 2009.
May 6, 2009 – Aviation Advisory Board minutes unanimous vote of Board not to recommend current proposal (attached).
May 20, 2009 – Received letter from Mr. McCauley requesting a written denial letter from the City of Lawrence.
June 5, 2009 – Letter of denial to Mr. McCauley concerning his business enterprise (attached).
The City of Lawrence has communicated with the following at the FAA:
- Chris Blum – FAA Central Regional Administrator
- Felix Loco – FAA Kansas Flight Standards, District Office.
- Ed Chamber – Grant Specialist in Denver
June 18, 2009 – Received letter from FAA regarding alleged violations of Grant Assurances.
July 20, 2009 – City response to alleged Grant Assurance violation (attached).
March 29, 2010 – Received letter from Flight Standards District Office (FSDO) that determined the activity (skydiving) may be supported at the airport under certain provisions, and requested plan of action by April 30, 2010
March 31, 2010 – City requested an extension of time for plan of action.
April 5, 2010 – City requests copy of the Memorandum from the Wichita FSDO dated February 3, 2010 (attached) from Nicoletta Oliver.
April 6, 2010 – Received call from Joe Behrends, Wichita FSDO, regarding what the City of Lawrence was requesting. Charles Soules stated the City wanted to know where Mr. Behrends found adequate support for a drop zone on the airport property and requested a copy of the map developed and used for the review and conclusion. Mr. Behrends stated he had not developed a map and did not have access to maps of the Lawrence Airport. Mr. Behrends reviewed the area and air space around the airport for obstructions, and stated that runways, taxiways, and safety areas are not safe for a drop zone. Mr. Soules committed to sending the FSDO aerial photography of the airport and copy of the ALP.
April 9, 2010 – City request for time extension granted until May 31, 2010.
April 13, 2010 – Aerial maps and ALP sent to Joe Behrends, both electronically and mailed.
April 27, 2010 – Charles spoke with Mr. Behrends who had received the maps and was studying the areas.
May 28, 2010 – City submits written request to FSDO requesting copy of the report for review.
June 11, 2010 – City responds to FAA request for a Plan of Action (attached).
July 2010 – KDOT responds to an email from Mr. McCauley requesting that the City not receive any state funding for airport projects.
December 31, 2013 – Spoke with Lawrence MacDonald, FAA National Headquarters, Compliance Division and provided him with background documents of the last few years.
April 24, 2014 – Received an email from Martel Bundy, Attorney representing William McCauley.
April 28, 2014 – Met with William McCauley, Martel Bundy, Toni Wheeler, and Charles Soules
May 15, 2014 – Email to Mr. Bundy, City is reviewing areas submitted for drop zone and request a Plan of Operation for skydiving.
August 6, 2014 – Letter from Bundy; all that is needed is a designated landing zone. Operations and/or facilities have been previously provided or discussed.
August 27, 2014 – Email from Martel Bundy that he will be filing a formal Part 16 complaint with the FAA.
August 28, 2014 – City retains Jackson & Wade to represent City.
September 24, 2014
October 29, 2014 – City responds to Mr. Bundy’s correspondence.
November 3, 2014
May – October 2015 – Received seven (7) requests to conduct skydiving at Lawrence Airport.
May 2015 – Provided skydiving summary and letters in opposition from airport businesses (attached).
July 13, 2015 – City requests FAA to review the skydiving requests.
November 10, 2015 – City Commission directs staff to request safety review from the FAA.
November 18, 2015 – Discuss the Safety Audit with Attorney Kent Jackson and request a memorandum to City explaining FAA process.
December 1, 2015 – Received letter from Kent Jackson.
December 3, 2015 – Discussed with Lynn Martin appropriate procedure / process to request Safety Audit. Lynn was going to discuss with Wichita FSDO and let City know proper procedure.
December 8, 2015 – Sent email to Lynn asking for direction.
December 11, 2015 – Lynn Martin discussed with Jim Johnson who suggested contacting Wichita FSDO.
December 14, 2015 – Email to Jim Johnson requesting a call on December 16, 2015.
December 15, 2015 – Email from Jim Johnson, he will request safety analysis from Wichita FSDO.
December 29, 2015 – Send email to Johnson / Eichelberser on safety analysis.
January 6, 2016 – Received letter from Jim Johnson, Manager Central Region, FAA requesting safety audit (attached).
February 7, 2017 – The City Commission received the FAA memo identifying three (3) areas that could accommodate a Parachute Landing Area (PLA); City Commission refers to Aviation Advisory Board for review and recommendation to accommodate skydiving.
February 9, 2017 – City receives revised memo from FAA on parachute landing area (attached).
February 23, 2017 – The AAB appoints a subcommittee that meets several times and a draft of the policy and minimum standards is sent to FAA for review on April 19, 2017
May 1, 2017 – City inquires of FAA as to the status of their review. No response received.
June 23, 2017 – City inquires of FAA as to the status of their review. No response received.
July 11, 2017 – The Draft Policy and Standards are provided to the City Commission in a City Manager report.
August 8. 2017 – City inquires of FAA as to the status of their review. No response received.
September 22. 2017 – City inquires of FAA as to the status of their review. No response received.
October 4, 2017 – Aviation Advisory Board holds a public meeting to receive public comment. This meeting can be seen at: https://www.youtube.com/watch?v=ZYxEFEEFTkI
o The Board asks the subcommittee to review the public comment and make a recommendation at the next board meeting on December 14, 2017
October 17, 2017 – Kent Jackson legal opinion letter received.
December 14, 2017 – The AAB recommends forwarding the Minimum Standards & Policies and Procedures for skydiving to the City Commission.
Respectfully Submitted,
Charles F. Soules, P.E.
Director of Public Works
CFS/ch
Enclosures