
flynabeech
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I've listened to each and every point with great interest. However, while I've raised the intest and emotion of many people there are several issues yet to be addressed. After checking my calendar, I have realized its March 8th. Wow, time is flying by. It's almost Harley season. In the meantime, you have all been led to believe this operation will be open, legal and in full operating status. The fact of the matter is the proposed skydivning business will not be close to registered, permitted and legal by April 1. It's unfortunate that you have all been mislead but at the end of the day this new operation is nowhere close to operating legally. Therefore, as a local resident and on-looker I will totally change my position and stick my hand out. Come on down, we will prove once and for all this is not legal or compliant with Federal, State or city ordinances. It's not even close. It's not our fault the homwork and due diligence was NOT done prior to selling a service that wouldn't be permitted by the local city. After further research I've discussed this issue with the local police, cass county sheriff and Missouri State Highway Patrol. All have verified the business is not approved or permitted. Am I missing something or has this whole thing gotten alot further than it should have. Is there even a federal tax ID number for the corporation. HOWEVER, COME ON DOWN.....LETS PARTY! WE'RE ALL GOING TO SHOW UP.......
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Unfortunately it was stated that when someone places a parachute on their back insurance was exempt. Please do a little research and you'll find all parties were equipped to jump from the Independence aircraft. The lawsuit was generated from the tandams family as she was the only one not equipped to depart the aircraft. There's no question in the local aircraft community that it was a skydiving accident. I grew up at the Independence airport long before the skydivers arrived. Trust me................ they did nothing but impair skydiving!!! They landed off regularly and in this community did not help your cause. At the end of the day.......... Independence proved these requirements exist for a very valid reason. Any business must provide permits for zoning, commerce, and local operations.
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The city of Harrisonvill is not asking for a "slip and fall policy" The request is for a GL policy that lists Harrisonville as additional insured for skydiving operations. The DZO by contract was required to provide this policy and its a contract requirement. Any commerce operation in this city complies with this specification. However, the other business can obtain this since their not a high risk activity such as skydiving. Again........this is simple business logic for a city managing their risk. The previous DZO couln't provide it and was shut down. Unless something has changed it does not exist to this day.......... Thus all discussions are a mute point If an insurance carrier is reading these threads and wants to volunteer the policy please step up!
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Your questions are appreciated and very valid........as a GC we manage our risk very well. In addition we obtain proper permits and comply with the local requiremenets to insure these situations do not occur. Our superintendents are constantly pursuing inspections and city participation to manage such risk. The last thing we want for our client or our business is to disregard permitting obligations or legal requirements. As a company that deals with these issues on a daily basis the permitting and zoning can not be ignored. Any of the local retail developers will tell you the same thing.......sometimes it takes years to get approved in this community. I've participated with large developments around here.....
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In addition, the city of Independence suffered a 1 million dollar law suit initiated by the family of a fatal skydiver. The engine manufacture, Teledyne Continental lost over 20 mil on the same suit. Please investigate the definition of "Nothing" and I'm confident such losses will not warrant such a meaningless statement. I appreciate your insight but the aforementioned situation is exactly where it didn't work. The local community of Harrisonville and surrounding areas are well aware of the associated risk. The Independence accident and their family's didn't help your cause. Please provide the insurance in order to protect from a repeat situation that occured over a decade ago and it might "fly". There's a reason we learn from history. Otherwise....... your right the previous operation was in place over 10 years ago and the requirements should have been enforced then. As a local tax payer I'm probably still paying for that suit. In the meantime, your proposing a new risk. The local community has obviously spoken and they're not interested! Check the vote! The truth is your proposing to drop people from an airplane 14,000 feet above the earth and can not secure an insurance policy to protect the city or the local residents. Just the facts folks......... not here, not now, not ever. We've been there and done that!
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I see you've dug down pretty deep to dispute the dicrimination dard....... nice work. One should be proud. It's no wonder the world is concious of such racism with statements like that. It doesn't appear anyone on the thread has reduced themselves to such demeaning statements besides yourself. I do see alot of people getting worked about nothing. .........As for this statement. The city of Harrisonville requested a 1,000,000 insurance policy for the operation. The policy can not be purchased for a 1 million dollar premium. The USPA president suggested Loyds of London...... they won't touch it. In addition, the city of Independence suffered a 1 million dollar law suit initiated by the family of a fatal skydiver. The engine manufacture Teledyne Continental lost over 20 mil on the same suit. Please investigate the definition of "Nothing" and I'm confident such losses will not warrant such a meaningless statement.
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You have a Not very Busy Airport and some people would like to utilize it. They just want to go flying (same as GA pilots) They just prefer to get out of the plane and Fly. Big Sky, Plenty of room for all of us. I couldn't agree more...... it is a big sky and welcome to all. However, please do it in accordance with Federal, state and local regulation. Unfortunately it can't be done Harrisonville!!!
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1) A Requirement for Insurance that doesn’t exist. Plain and simple, If the City does not make the same exact requirement for ALL business at the airport, It is Discriminatory and the FAA will have no choice but to withhold funding from the airport for discriminatory practices. The city will lose on this one. The FAA has ruled on similar case in the past. And still doesnt stop them from opening, Just means that they cant lease hangar space untill the FAA steps in (and they will). In reference to the aforementioned statement.......the city is consistent on this requirement. All commercial operations aircraft or otherwise are required to provide this policy and list the city as additional insured. You'll find the lifeflight operation has twice the required limit. In addition, the lifeflight operation has issued a letter that they are strongly opposed to this operation. It's irrevelant if such operations co-exist in other citys as this city does not want to disrupt the existing helicopters operations. The lifeflight operators in Harrisonville have commited in writing they will leave if this operation impacts their operating area. The city of Harrisonville does not want to lose their lifeflight ops for the purpose of skydiving. Thats been made very clear as well........ It's evident we can dispute others position and logic on the issue. However, there's several requirements that structure the ability to do business. This includes insurance, zoning, permitting and approvals in a community. If they can be met........drop away! I assure you they can't in Harrisonville! Another operation was shutdown for this very reason 10 years ago..........
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Again let me reiterate one thing......the insurance, zoning and permits within the county of Cass are yet to be obtained. These requirements due to the city vote and local feedback will not be met. Again, Aquila is suffering from this very issue and not going to win. It will be tied up in court for years and in the meantime a powerplant is shutdown. In light of this fact the proposed operation will not be allowed to operate legally on April 1. It will get shut down. The idea that they are an existing operation and "its a go" is simply wrong. They haven't dropped one skydiver yet. In order to conduct business for commerce....... permitting, zoning, insurance upto and including filing taxes and compliant with the IRS must happen. Otherwise the local authorities, more specifically the sheriff will shut it down. Repeatedly, I'm not opposed to skydiving but I am opposed to illegal business and poor business ethics. This isn't my kids lemonade stand we're talking about but I'll make sure they get a permit too. Afterall, I want them educated and informed in proper business ethics and requirements. This is business law 101 guys........ just the facts. If the requirements can be met in the local community....drop away! Lawsuits in this local area from a previous skydiving accident have proved these requirements are established for a reason.
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The current stats of the airport are accurate as I've done the same research......again and however. Those referencing what insurance coverage I should obtain for my personal aircraft are missing the point. I'm not offering 14,000 feet for skydiving over the local community. I'm also not the proposed business of this operation. Perhaps the city of indenpendence and Teledyne continental (engine manufacturer) can offer their stats when they lost over 20 million dollars due to skydivers families taking legal action after an accident. The dependents sued everyone involved. The associated legal issues with skydiving have been generated by the familys of skydivers in the past 10 years. Noone on this thread seems to care if the operation should have insurance until its needed. In addition, if the bowling alley were literally going to be your next door neighbor then you would have rights to lobby against it. At least in Cass County. If the bowling nalley couldn't meet the local requirements to operate within your city again the city has every right to stop the activity. With reference to take offs and landings and the philonthropic contributions of a skydiving operation. The city of Harrisonville didn't see things in favor of the skydiving benefit. Back to the original point the city voted no. Skydiving communication........ unless I'm mistaken skydivers under canopy are not equipped to communicate or comply with a structured traffic pttern. I understand many are trained pilots however under non powered flight this does not happen.
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Actually it's very simple...... if the DZO can provide an insurance certificate for the required coverage of 1,000,000 per occurance for the city of Harrisonville life would be much easier. The cert must specically include the skydiving activity. The certificate requires that any injury is covered regardless of location or altitude within the city limits of Harrisonville......this is why the previous DZ was shut down. As a local aviator I'm anxiously awaiting their ability to provide this insurance certificate.
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The comments and feedback are appreciated and well recognized however missing the insight of the local community. The adjacent properties surrounding the proposed drop zone have no interest in hosting skydiving entertainment. In addition, it does not reflect the complications associated with interacting with the Harrisonville traffic pattern and unicom is yet to be explained...... unpowered flight versus the helicopter On a greater scale.... where's the insurance that the DZO commited would be retained? On another level....... permitting and zoning for commercial use is yet to be obtained. These are commercial requirements that exist in this community, neighbors, policitians, and the public are well aware of the requirements. The proposed operation is not legal, accepted or verified until these issues are resolved and issued by Cass County and the State of Missouri. Again just the facts.......... business licenses and zoning permits must be obtained. No need for explanations...... and no I'm not associated with the local DZ's. I'm a local pilot who's grown up in aviation in this community........ I have every right to ask these questions.
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In the infinite wisdom of all that have replied......... your answers are correct. No, I don't think it's wrong to comply with local rules and engage in a contract arrangement with full intentions of complying with the local laws and regulations. Basic requirements of business law IS insurance......... as a manager of a general contractor I deal with it on a daily basis. The city of Harrisonville would be foolish to not uphold their requirements as set forth on every other business in the community. It just so happens this situation impacts a group of passionate skydivers. McDonalds complies with the same requirements and fair is fair. It's simple, prove the business has the insurance and you all have a chance. I think it's wrong to commit to a large group of people such as the city of Harrisonville and yourselves that such requirements have been obtained. As for the FAA and getting involved with the situation......they're not in the insurance business and after a little research you'll find they don't want to be. I pay 2,000 dollars a year on a simple personally owned aircraft....... we're discussing a commercial operation with liability limits of great magnitude...... so as part of general avaiation how much do you spend to insure your "parachute" aircraft? You're speaking apples and oranges to an aircraft owner brother..... However your position is appreciated. Otherwise, the idea that you function as general aviation under non powered flight with no ability to communicate with the local traffic is a problem. Thus any encursion with local traffic.....including the emergency helicopter will fault the powered operator and this is where the problem lies in Harrisonville. The traffic pattern and target landing area are not condusive to safe operations unless the helicopter disregards the FAA mandated traffic pattern over the airspace.......I'm sure more than you wanted to know However, your not a licensed pilot or trained in proper traffic communications.........
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I'm assuming you're the good old boy....many thanks for your reply. You're right it could very well end up in court......... in the meantime the powerplant is shut down and Aquila is paying a large bill for loss of operations and attorney fee's. Anyone disputing zoningand permit requirements will have to take such measures. The county has attorneys on retainer...... so they have plenty of time. The local land owners adjacent to the airport have already taken such measures..........thats a fact. Anyone opposing their position should spend the money and do the same. The local owners also have a website: www.stoptheparachuters.com They're obviously willing to spend the money to oppose the proposition................. Common sense says its not a good environment to start a new business with such opposition but it's not my business to run.
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The answer is no........they weren't able to obtain the third party general liability insurance. It doesn't exist for the skydiving industry as I've contacted the largerst privately held commercial broker in the US. Insurance carriers will not offer a million dollar policy for a million dollar premium. In addition, I realize the airspace is not governed by the city but the financial transaction of collecting money and operating for commerce is............... thus a commercial permit and business license is legally required. In order for this business to operate the permits and commerce mandates will have to be fulfilled in Cass County. The county has recently mandated the largest shutdown of a government utility seen to date......as far as I know. They are very serious about permitting and zoning laws....... ask Aquila in KC. Therefore, simply proposing to operate a business due to the idea its in the air doesn't warrant the idea that "we'll do it anyways"