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HomeMy WebLinkAbout01072010 PZ MinutesChmn. Paul called the meeting to order at 7:02 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: ALSO PRESENT: ANNOUNCEMENTS: Chmn. Paul welcomed Mr. Durr to the commission. He also announced that Mr. Buchanan has resigned his position due to health issues and the opening will be advertised in the newspaper. Mr. Cardinale and Mr. Srinivasan are excused and Mr. Neuberger and Mr. Durr will be voting. APPROVAL OF MINUTES: Regular Meeting of 12/3/2009 MOTION by Simmons /Hepler to approve the meeting minutes of 12/3/09. Motion was approved on roll call. OLD BUSINESS: NONE NEW BUSINESS: CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 7, 2010 Mr. Dodd Mr. Simmons Mr. Paul EXCUSED: Mr. Srinivasan Mr. Cardinale Mr. Neuberger Mr. Hepler Mr. Durr Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, City Attorney Dorri Bosworth, Zoning Technician Al Minner, City Manager Joe Griffin, Airport Manager QUASI- JUDICIAL PUBLIC HEARING SITE PLAN MINOR MODIFICATION SEAWINDS FUNERAL HOME 735 FLEMING STREET ADDITION OF 500 SF TO AN EXISTING CREMATORY Chmn. Paul opened the hearing and Mr. Ginsburg swore in all who would give testimony. Mr. James W. Young, owner of Seawinds Funeral Group presented the application. Ms. King reviewed the staff report. She explained that the old crematory of 480 SF was destroyed by fire and the applicant wants to rebuild it with an additional 500 SF. Ms. King listed the four conditions of approval noted in the staff report dated 12- 29 -09. In C .2 m C •y c E co 0 C I co m o V) N 4' cn PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 2010 answering Mr. Durr's question about landscaping, Ms. King said there is a note on the site plan stating that damaged or dead landscaping on the entire site will be replaced prior to final certificate of completion. Mr. Simmons asked if the crematory were rebuilt within the same footprint then a public hearing would not be necessary and Ms. King agreed. Mr. Young said they are expanding their operation to two crematories because their business has grown. Chmn. Paul asked for people in favor to speak. No one approached. He then asked for anyone in opposition to speak. Charles DeLauder, Exalted Ruler of the Sebastian Elks Lodge, 731 S. Fleming St. Mr. DeLauder presented an information and recommendation letter (Exhibit 1, handed to the Commissioners). He commented that over the years the funeral home and Elks have been good neighbors. He has concerns about the increase in size of the crematory. He feels the facility is too close to their building. He showed photos to the Commissioners from the podium depicting the fire and at Mr. Ginsburg's instruction Mr. DeLauder gave the photos to the recording secretary (Exhibit 2, five photos). Andrew Simso, Treasurer of the Sebastian Elks Lodge, 731 S. Fleming St. commented on the odor he smells from the crematory. Eric Fischer, 69 Fischer Hammock Rd., asked that extra safety precautions be taken when the crematory is rebuilt and possibly make the pipe extending above the roof more aesthetically in line with other structures in the area. He read a letter from Maureen Matheson to Mayor Gilimor and city council regarding the crematory's operation (Exhibit 3). Greg Golien, 711 Wimbrow Dr., thought the application should be a new site plan and not a minor modification and would like the building to be moved to the back of the property. Warren Dill, Esquire, 1565 US Highway #1, representing Sebastian General Partnership and property owners association of Chesser Gap. He presented "Contestant Exhibit A the Fire Marshal's report on the fire at the crematorium (Exhibit 4). He also submitted for the record "Contestant Exhibit B a verbatim copy of the Planning and Zoning Commission meeting of March 6, 2003 (Exhibit 5). He reviewed the past applications of Seawinds for the funeral home and the crematory. Mr. Dill asked for an increase in the buffer and decrease in the hours of operation. He submitted "Contestant Exhibit C the Chesser Gap Phase II Final Plat (Exhibit 6, handed to the Commissioners) and commented about the stormwater drainage. "Contestant Exhibit D" is a list of five conditions Mr. Dill would like to see placed on the approval of this application (Exhibit 7, handed to the Commissioners). Mr. Young addressed some of the comments made. He explained the difference between a funeral home which conducts visitations and services and a direct disposer, which cannot provide visitations and services but only cremates remains. Seawinds is a funeral home with a crematory on the facility. Shortened hours would not be acceptable as he has had families want to witness the cremation. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 2010 Mr. Pete Sweeney, office address of 3333 20 St., Vero Beach, attorney for Seawinds Funeral Home. He stated the issue of stormwater drainage is not an issue pertinent to tonight's discussion. Chmn. Paul asked about the smoke and odor complaints from neighbors. Mr. Young explained that DEP will come to the facility and witness a cremation for a duration of two hours. DEP also inspects the machinery every two years. There was discussion about relocating the crematory to the back of the funeral home building, more to the south end of the property. Ms. King said that was the original location request but a previous Planning Zoning Commission requested it be placed at the northeast corner. She also said she spoke with the Indian River County Fire Department. They had no comments on this application and the Fire Marshal said they have no issue with the location of the building and everything went as it was supposed to in the event of a fire. Mr. Dodd asked about the final plat for this part of the PUD. Ms. King replied the PUD is a zoning classification, it is part of the Chesser's Gap PUD but it is not enjoined with the association that has been established to take care of the stormwater system. Mr. Neuberger asked about the fire marshal's report. Ms. King read a portion of the conclusions of the fire report which stated this fire was an accidental event, and handed copies to all the commissioners (see Exhibit 4). Mr. Young displayed on the overhead projector the machinery and specifications sheet (Exhibit 8). Mr. Dill rebutted some comments made. He is not asking for the building to be relocated; the drainage issue needs to be resolved; he feels the project just meets the minimum requirements; he read the fire marshal report, specifically the events leading up to the fire, to substantiate the need for a fire suppression system and fire rated drywall. There was a consensus of the commission to move the building south, away from the Elks Lodge. The commissioners also discussed viable buffers to be used. Mr. Young was agreeable to installing fire -rated drywall and improved landscaping but not moving the building or installing a wall between his building and the Elks Lodge. Also discussed was an aesthetic designed facade for the smokestack /chimney. Mr. Neuberger expressed his concerns about the location of the crematorium. Andrew Simso, 1569 Ocean Cove St., Treasurer of the Elks Lodge, expressed his concern with the building meeting minimum code and the odor. He feels there is a problem and this is a good time to correct it. Greg Golien, 711 Wimbrow Dr., restated that he saw smoke emitted from the chimney. Chmn. Paul closed the public comment portion of the public hearing and asked for staff summation. Ms. Grohall said staff recommends approval with suggested conditions. MOTION by Simmons /Durr to approve the site plan minor modification by Seawinds Funeral Home, 735 Fleming Street, for a 500 SF addition to an existing crematorium with the following conditions: 1. Provide St. Johns River Water Management District Permit, or letter of exemption. 2. Comply with Department of Health comments regarding DEP Air Emissions permit. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 2010 3. Comply with Building Department comments regarding specifications for crematory and cooler. 4. Final plat approval by City Council before a Certificate of Completion is issued for the crematorium by the Building Department. 5. Add two -hour fire -rated wall and ceiling on the interior of the building. 6. Include a chimney facade compatible to the building exterior, subject to compliance of local and state building codes and manufacturer code. ROLL CALL: Mr. Durr yes Mr. Dodd yes Mr. Paul yes Mr. Hepler yes Mr. Simmons yes Mr. Neuberger no The vote was 5 -1. Motion passed. Chmn. Paul called a ten minute recess at 9:21 p.m. The meeting reconvened at 9:31 p.m. with all members present. QUASI- JUDICIAL PUBLIC HEARING SITE PLAN MINOR MODIFICATION SEBASTIAN AIRPORT STORAGE 25 AIRPORT DRIVE WEST CHANGE OF USE FROM KAYAK DEMONSTRATION AREA TO RETAIL LANDSCAPE DISPLAY AND STORAGE AREA Chmn. Paul opened the public hearing and asked for ex parte communication, which there was none. Mr. Ginsburg swore in everyone that would give testimony. Mr. Steve Philipson, 415 Live Oak Dr., Vero Beach, presented a short video, a letter (Exhibit 9), and drawing to the commission (Exhibit 10). The drawing is the same rendering as the site plan commissioners had in their packets for review. He said the only construction in that area would be for a chain link fence. Ms. Grohall reviewed the staff report. She added that this is a change of use from an originally approve site plan and according to Mr. Philipson there will be no additional lighting proposed and also the signage will be a panel on the existing kayak monument sign. Chmn. Paul asked for anyone in favor of the project to speak. Joe Griffin, Sebastian Airport Manager, supports this change in use and asks the commission also supports the change. Chmn. Paul asked for anyone opposed to speak. Holly Dill, 11675 Roseland Rd., thanked Ms. Grohall for sending out courtesy notices of this application. She does not have any major objections with the understanding that there will not be an increase in the number of signs and no additional lighting. She asked that the fence be vinyl coated. Bob Denton, 11245 Roseland Rd., has concerns about lighting. Chmn. Paul closed the public input portion of the hearing. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 2010 Chmn. Paul closed the public input portion of the hearing. Mr. Philipson said he would install a vinyl coated fence. He also noted he anticipates putting a sign on the building itself. Ms. Grohall said staff recommends approval with the following conditions: no additional lighting, no additional freestanding monument signs, and no signage on the fence, and the agreement to a black vinyl coated chain link fence. MOTION by Dodd /Hepler to approve the site plan minor modification, Sebastian Airport Storage, 25 Airport Drive West, change of use from kayak demonstration area to retail landscape display and storage area with the four conditions noted by Ms. Grohall. ROLL CALL: Mr. Neuberger yes Mr. Dodd yes Mr. Hepler yes Mr. Durr yes Mr. Paul yes Mr. Simmons yes The vote was 6 -0. Motion passed. QUASI- JUDICIAL PUBLIC HEARING SITE PLAN MINOR MODIFICATION EARL'S HIDEAWAY 1405 INDIAN RIVER DRIVE BRICK PAVER SIDEWALK, WOOD DECK, HANDICAP PARKING AND MOTORCYCLE PARKING Chmn. Paul opened the hearing, asked for ex parte communication, which there were none, and Mr. Ginsburg swore in everyone that would give testimony. Robert Marshall, 672 Lawson St., Sebastian, is the engineer of record and presented the application. Ms. King reviewed the staff report, noting two specific items. The first being an equivalency of motorcycle parking spaces to automobile parking spaces. After much research, staff recommends two motorcycle spaces equal one automobile space. The second is a modification to the site plan which brings an as -built up -to -date. This includes the brick paver walkway which provides handicap access through the outside service area, a deck area built over a wet area of the property, providing handicap parking space and some additional areas noted as motorcycle parking. Ms. King emphasized that the parking calculation should be used only for what is specifically termed a biker bar and does not set precedence or can be used for other parking calculations. Chmn. Paul stated he is in favor of the two to one ratio motorcycle parking as did other commissioners. Staff recommends approval of the site plan and parking modifications. Chmn. Paul asked for anyone wishing to speak in favor or opposition. Hearing none, he closed the public hearing. MOTION by Paul /Dodd to approve the site plan minor modification for Earl's Hideaway, 1405 Indian River Drive, of a motorcycle equivalence standard of two motorcycle parking spaces to be equal to one automobile parking space for this biker bar. Each motorcycle space shall be a minimum of 4' X 8'. Also, approval of modifications to Earl's Hideaway as shown on the site plan prepared by Robert W. Marshall, latest revision date of 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 2010 11/10/09 which includes a brick paver sidewalk, wood deck, handicap parking space and additional motorcycle parking. ROLL CALL: Mr. Simmons yes Mr. Dodd yes Mr. Durr yes Mr. Paul yes Mr. Neuberger yes Mr. Hepler yes The vote was 6 -0. Motion passed. CHAIRMAN MATTERS: Mr. Paul asked when the parking at the Pig and Whistle restaurant on the east side of Indian River Drive had been approved. Ms. King said they would have to research the events of that site. MEMBERS MATTERS: ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON Chmn. Paul opened the nominations for Chairperson. Mr. Dodd nominated Mr. Paul, which was seconded by Mr. Simmons. As there were no other nominations Mr. Paul is the Chairman. Chmn. Paul asked for nominations for Vice Chairperson. Mr. Simmons nominated Mr. Dodd, which was seconded by Mr. Hepler. As there were no other nominations Mr. Dodd is the Vice Chairman. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: NONE Chmn. Paul adjourned the meeting at 10:23 p.m. (1/11/10 sbl) 6 Sebastian Elks Lodge #2714 731 5 Fleming St Sebastian FL 32958 772 -589 -6426 SecSebElks2714 @yahoo.com Sea Wind Funeral Home Permit Review 1/7/10 Funeral Home has been a Good Neighbor o Some employees are Lodge members o Overflow Parking is shared with Lodge o Sea Wind donates to some Lodge Charity Fundraisers o No Serious Negative Incidents prior to Fire Lodge Concerns about Proposed Permit/Building Plan for Crematorium o Proposal approx. Doubles Size of Previous Facility o Height of Smoke Stack is Too Low Smoke Odor inside Lodge building on multiple occasions, During Lodge Meetings During Charity Functions Smoke Stack may have lacked a Spark Arrestor o On at least one occasion, Trash was being burned in Crematorium per an unnamed employee o Facility is dangerously close to Lodge building and Fire Escape Exit o Fire occurred during Charity Bingo over 100 People attending South Fire Escape Exit could not be Used Recommendations 1. Rebuild Crematorium on Center Back of Property o Reduces Fire Risk to Lodge o Blocks the view of any Operations 2. If rebuilt on same site, then o No Increase in Size o Raise Smoke Stack above Lodge Roof o Install a Solid Barrier Wall between Properties 3. If rebuilt on same site and larger size, then o Raise Smoke Stack above Lodge Roof o Install a Solid Barrier Wall between Properties EXHIBIT 1 (handed to PZC) EXHIBIT 2 Five Pictures (Shown to PZC from podium) Sally Maio From: Maureen Mathewson [mathewsonm @bellsouth.net] Sent: Thursday, January 07, 2010 12:00 PM To: Sally Maio Subject: Re: Crematorium Dear Sally, Thank you very much. Maureen Mathewson Original Message From: Sally Maio To: Alfred Minner Robert Ginsburg andrea c y Don Wright Eugene Wolff Jim Hill Richard Gillmor Cc: mathewsonm @bellsouth_...net Sent: Thursday, January 07, 2010 11:09 AM Subject: FW: Crematorium Due to the nature of this letter,which was addressed to two City Council members, I am forwarding it to all City Council members, City Manager and City Attorney. Sally Maio City Clerk From: Maureen Mathewson [mailto :mathewsonm @bellsouth.net] Sent: Thursday, January 07, 2010 10:02 AM To: Eugene Wolff; Richard H. Gillmor Subject: RE: Crematorium Dear Mayor Gillmor, I was very surprised to find out that the Seawinds Funeral Home has a proposal before Planning and Zoning tonight to increase the size of the crematorium by 500 square feet. Since this crematorium has been in operation, there have been several problems that the owner and the government entities that I have contacted have not addressed. The most serious problem has been pollution. On many occasions, there has been heavy black smoke coming from the crematorium. When I contacted Seawinds, I was told that it was the result of "fat content I was shocked that they would answer me like that, so I called the City of Sebastian. They told me to call the County Health Department. The County Health Department told me that with proper maintenance, there should never be black smoke and they would notify the State. I never received any resolution. The black smoke continued and on one occasion that I know of, a police officer drove over to make sure it was not a fire. There is absolutely no screening between the crematorium and Fleming Street. Remains are wheeled on gurneys from the funeral home to the crematorium within full view of Fleming Street. Sometimes, a gurney is left outside the 1/7/2010 Page 1 of 2 EXHIBIT 3 (Read into record bye opponent) Page 2 of 2 crematorium unattended. This really is not very respectful, and there should be some kind of screening so that the cremation process is carried out privately. When Seawinds asked for a permit to build the crematorium, they told the City it would not be heavily used. This crematorium is almost always operating. It is very heavily used. The fire endangered everyone including the firemen. How did it happen? Was this crematorium properly maintained? How many deceased were being processed? With the fire, there are more questions than answers. I urge City Council to deny this application and to regulate this business when it reopens. They have not been good neighbors, and they have absolutely no right to pollute our environment. Sincerely, Maureen Mathewson 108 Harbor Point Dr. Sebastian 1/7/2010 1500 Old Dixie Highway Vero Beach, Florida 32960 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES FIRE DIVISION INVESTIGATIONS Captain Robert L. VonBuelow CFI, CFEI, LEO Fire and Safety Engineer, BS C agic 3 7- 4 4— h `C (w4,Ww J DILL.) Office: (772) 770 -5121, ext. 3011 EXHIBIT 4 (handed to PZC) Fax: (772) 770 -5120 E-mail: bvonbuelow @ircgov.com CASE NUMBER: 09 -18569 DATE: 11/04/09 At approximately 1336 hours a structure fire was reported at 735 Fleming Street, in the city of Sebastian. Firefighters arrived and reported a working fire at Seawinds Funeral Home. They advised that the roof was on fire and they were making a quick attack. I went en route and communicated by radio with B/C Dan Dietz while traveling. Chief Dietz reported that the fire involved a small out building, not the funeral home. I arrived on the scene at 1422 hours, and parked along side Chief Dietz. The involved structure was ordinary construction with a gable roof and concrete shingles. It was located on the northeast corner of the property, and faced to the south. The funeral home building was not involved. Fire personnel had established a fire line, and it appeared the fire was under control. Fire Lt. Duran and Sebastian Police Officer Hepfer approach my vehicle. Officer Hepfer reported that when he arrived smoke and fire were visible at the roof line and flames were rolling out of an overhead door of the crematory. The funeral personnel were on the scene and reported the fire. No one was injured. it ,1 1 Lt. Duran was acting as safety officer and had spoken to the funeral home personnel. Duran advised me that there were four deceased in the building at the time of the fire. The cremator was in operation with client, two deceased were in a cooler, an a third was on a shelf, outside the cooler. Mr. Sam Coburn was performing the cremations. Mr. Coburn told Lt. Duran that he had performed the first cremation in the morning, and started a second cremation (female) at about 1220 hours. He reported that the temperature in the chamber was at 890f when he placed the subject, approximately three hundred and fifty pounds into the retort. He pushed a button that would increase the chamber temperature to 1690 degrees, and then returned to his office in the funeral home. He (Coburn) was in the funeral home for about a half hour when a passer by entered to report smoke coming from the chimney. Mr. Coburn walked out the back and was approaching the building (crematory) when flames rolled out the overhead door. Mr. Coburn ran back inside the funeral home and called 911. Officer Hepfer advised that the funeral home personnel and other individuals were gathered behind the funeral home, in front of the crematory. Responding to my questions, he reported that he believed there were to news reporters among the group, and the interior of the building was in plain view. Looking down the side of the funeral home I observed PIO Brian Nolan moving about and talking to two individuals in street cloths. The individuals were holding camera equipment. Based on this observation, I called Lt. Duran back to my location, and questioned him about the activity and persons behind the funeral home. He reported there were in fact two news reporters present, and that the remains of deceased individuals might be visible. 2 I advised Lt. Duran that I was concerned about privacy and asked him to tell Chief Nolan that I wanted him to escort these individuals to the front of the property immediately. I met with Chief Dietz and reported the circumstances and my concerns. Chief Dietz was unaware of Chief Nolan's location or that reporters were on the property. Chief Dietz radioed Chief Nolan immediately. After meeting with Chief Dietz to summarize the fire ground activity, I located Lt. Mark Wheeler, the first fire officer on the scene. Lt. Wheel reported that upon arrival he observed a large column of smoke arise above the roof of the VFW Lodge. Pulling forward he observed that the fire was contained to the smaller building of the funeral home. The roof assembly was burning and the roof had begun to collapse igniting the interior of the building. He made a quick attack through the garage door opening. Bringing the fire under control they observed bodies in the building and quickly established the fire line. They were advised of the circumstance and halted further overhaul until I arrived. Small fires continued in the dropdown debris. I located Lt. Duran and requested that he interview the funeral home personnel to determine the identity of the individuals, their pre -fire locations, review the time line of activities in the crematory, any remarkable or unusual circumstances or conditions that might be associated with the fire event. Florida Power and light was on the scene disconnecting the service drop to the building, so I walked the exterior of the building to examine and photograph the fire effects and patterns. All of the observed conditions were consistent with the ignition occurring in the roof assemble, as reported by Mr. Coburn and Lt. Wheeler. Evaluation 3 of the thermal reduction to the various combustible aspects (trusses plywood) the resulting assembly failure patterns, and the debris conditions, indicated the fire started above the location of the cremator. Lt. Duran joined me at the front of the building and provided me with his notes of meeting with Mr. Coburn and Mr. Young. He also had copies of Department of Health documents identifying the individuals. Mr. Coburn had noted their locations at the top of each sheet. Chief Dietz advised me that he had spoken with B/C Norman Wells by telephone. He contacted Chief Wells as he was an experienced crematory operator. Chief Wells briefed Chief Dietz on common operations and conditions which occur during cremation processes. I photographed the interior of the building documenting the general fire damage, drop down patterns and location of the deceased. Entering the building I photographed and evaluated the ignition and burning of combustible materials in the work space below the attic area. I identified a wood shelf assembly along the west wall, cardboard flats (boxes), plywood, the cooler (metal &insulation), and a wood shelf assembly on the east wall. Patterns of thermal impact (charring melting) to these assemblies and materials were consistent with the fire development in the roof assembly, and ventilation or fluid dynamics. I searched for any daily activity logs or charts but none were found. Thermal impact to the metal exterior of the cremator was unremarkable; however the control cabinet or operating panel was destroyed. Thermal effects to the various components of the overall appliance varied with their exposure to the dropdown fuels and target fuels. I met with Mr. Coburn review his earlier description of activities in the crematory and his discovery of the fire. He reported that all of the daily activity logs and charts were 4 in side the building. Mr. Coburn confirmed that he was performing the cremations. Mr. Coburn explained that he had performed an earlier cremation without incident. He advised that the equipment was in good working order, and had been properly maintained. At approximately 1215 or 1220 he placed a female in the cremator. He recalled that she weighed approximately 350 pounds. The chamber was approximately 870f, as he told Lt. Doran. He closed the door and pushed the button (preset) to bring the chamber temperature up to 1690f, then, he when back into the funeral home. As he had reported earlier, he was in the office about one half hour when someone came in reported that visible smoke was coming out the chimney stack and he immediately when to check the cremator. Exiting the rear of the funeral home he was approaching the building, when he saw fire (flames) in the roof and fire coming out of the open door. Seeing the fire he immediately alerted the others and called 911. Mr. Young joined us asking when he could remove the remains. He had made arrangements to transfer the individuals to Yates Funeral home. I advised the pair that I need to examine the cremator, and take some elevated photographs. After which I would have our personnel remove the subjects from the fire debris and transfer them to his personnel. Ladder One, was set up and I took additional photographs. While they repositioned the truck, to block the area from view, walked through the scene to review my observations. With the ladder repositioned I met with fire personnel and they removed the individuals from the debris and carried them outside, where they were received by the funeral personnel. 5 I advised the funeral home operators to leave the scene undisturbed and notify their insurance company (State Farm) of the fire. I cleared the fire scene at 1640 hours. RVB References 1. Florida Department of Environmental Protection 2. Division of Funeral Cemetery and Consumer Services 3. Cremation Association of North America 4. Seawinds Funeral Home Permit 5. Crawford Equipment and Engineering Co. A. Crawford C1000 Deluxe Operation Maintenance Manual B. Crawford 500 -5000 Cremation Chambers Features Benefits C. Crawford C1000 Series Operation Maintenance Manual 6. Code of Federal Regulation Chl 60.53c A. Operator training and qualification requirements 7. Industrial Equipment Engineering Co. A. Cremation Training Program 8. New York State- Environmental Facilities Corporation A. Crematory Operator Training Program 9. Informal interviews with experienced operators CONCLUSIONS Based on my observations and investigation of the fire scene, reliable statements and reports of professionals, the known circumstances and conditions surrounding the 6 event, and the statements of witnesses at the scene, I have developed the following opinions: These opinions are offered with a reasonable degree of scientific certainty, based on my education, training, reliable published research, and professional experience in these matters. 1. This fire was an accidental event. 2. The area of origin was in the roof assembly 3. The first fuel ignited was ordinary combustibles of the roof assembly. 4. Ignition of the first fuels was the result of excessive heat transfer (radiant and /or conducted) from the emissions vent (stack) pipe assembly. 5. Failure to monitor and regulate cremation chamber resulted in excessive heat conditions. 7 QUASI- JUDICIAL PUBLIC HEARING MARCH 6, 2003 PLANNING ZONING COMMISSION SMITH: Announcements Mr. Barrett and Mr. Svatik are excused Mr. Blessing and Mr. Carroll will be voting if Mr. Carroll shows up okay. Did everyone have a chance to read the minutes of February 20 any comments corrections alterations okay I'II entertain a motion that we MONIER: I'll make a motion we approve the minutes of February 20 BLESSING: Second. LORUSSO: I'm sorry who second. MONIER: Mr. Blessing LORUSSO: Thank you SMITH: All those in favor please pass that down to Sue all right old business we have a quasi judicial public hearing and we have two of them tonight we're gonna combine them we're going try to take both we're going to swear you in once so everyone who is going to testify here on either one would you please stand and I'II administer the oath to you. Anyone else. Okay do you swear or affirm that the factual statements and factual representations which you are about to give or present before or to this planning and zoning commission during this public hearing will be truthful and accurate. (Those standing answered in the affirmative) Okay thank you just when you come up to the podium to testify just give your name and address please okay will the applicant come to the podium please. LORUSSO: Excuse me Mr. Chairman I believe the next stage would be the ex parte communication if anyone has that at this time. SMITH: Okay would you do we have any disclosure of ex parte communications in accordance with the law on this item LORUSSO: Has anyone SMITH: Has anyone anything to say LORUSSO: Contacted or obtained information SMITH: contacted the crematorium ALLOCCO: You mean research LORUSSO: I'm sorry Tracy HASS: Any communication with the applicant including site visits or inquiries to the proposed use. EXHIBIT 5 ALLOCCO: I have made inquiries to the Department of Environmental Protection concerning the application made here not with the applicant (feedback from the microphone) nor did I visit the property from afar I made my observations 1 guess that would fall under all disclosure I've not contacted any the other members of the commission outside of any public hearing tonight probably would be the first contact. SMITH: Anyone else? Okay. ALLOCCO: And I have talked to the city attorney on certain matters relating to this issue. SMITH: All right then I'll ask you to come up again applicant please. Would you please state your name and address sir. YOUNG: James W. Young 1450 42n Circle Vero Beach Florida. As far as when we met two weeks ago you had asked for a couple of different options for the crematory site my engineer Randy Mosby has turned that in to the staff and to my understanding we got staff approval on the new location for the crematory really at this time that's all that I have to add. SMITH: Okay we covered the applicants that was the application was sent out to the other people to make comments didn't we? LORUSSO: Sorry sir. SMITH: Did you send out the ah LORUSSO: Yes, letters were sent. SMITH: Okay we had two responses didn't we. LORUSSO: The first time I don't believe any responses may have come back SMITH: Okay all right Andy. MOSBY: Randy Mosby of Mosby and Associates if I could speak um just a little bit of additional information in what Jim has provided what we did do in the re- design is we tried to incorporate to the best of our abilities I did not speak at the last meeting but from my understanding of what the commission wanted we tried to provide additional buffering and landscaping in addition to the relocation of the crematorium and I think that's reflected ah well it is reflected on the new site plan that you have and I'm here to answer any technical questions you have I have talked a little bit with Dr. Fischer on the project and I think the buffers are one of the big issues that we have and we're here to address any of those. SMITH: Okay thank you anyone else for the applicant. Okay does anyone else want to comment on this. Mr. Fischer. FISCHER: Henry Fischer 520 Blue Island Street Sebastian we had some comments last time my major concern and I've discussed it with Tracy Hass that ah this is a negative impact on adjacent property owner and I'm adjacent property owner and we've talked about this last time and you couldn't find a worse neighbor than to have somebody with a human incinerator I can't think of anything we talked about that and ah I've also talked with this gentleman about purchasing a buffer of 87 feet from my property I have I'm working with an individual that's been in Sebastian and does a lot of multiple family in Sebastian and he's interested were meeting with him on Monday and we have programmed 100 units of multiple family either condos or rentals more likely rentals close to this piece of property and it could be adjacent to this piece of property so I'm as an owner of the land adjacent to it Sebastian General Partnership BFT find I have a neighbor that has a detrimental effect on my property of monumental proportions and I suggested to this gentleman that he might want to put this on the front of his property Elks don't have a problem with this up against the Elks that's his alternative or purchase at a reasonable fee a buffer on my piece of property and I think that's if he hasn't done that and he hasn't contacted me in regards to this he was supposed to have called me this afternoon he never called me back so I think you need to delay this for 30 days until he can acquire a buffer and if not move the incinerator human incinerator up to the front west northwest corner of the property as far from my property as you can I think it's a reasonable request because it's going to destroy the value of adjacent property. Thank you. SMITH: Thank you sir. Okay, staff. HASS: Okay well I've heard from the applicant and the adjacent property owner concerning this request and as was discussed at the previous meeting there were some concerns relative to the impact of this use to the adjacent property. As you can see in accordance with the provisions as outlined by the planning commission at that previous hearing the applicant has moved the location of the crematory to the northeast corner of the property and also included the buffer as described and explained to them by the board at that last meeting. As you can see on the plan the reflections have been made that however does not necessarily or has not satisfied the adjacent property owner and that they feel that they're still impacted negatively by the proposal. Now as far as our zoning code requirements are in place the applicant has satisfied those requirements the one outstanding issue is whether or not this creates an adverse impact to the adjacent property. Through the conditional use criteria there are a couple of conditions that were outlined in the code that were satisfied during the initial construction of the funeral home and no other conditions are outlined for the actual use of the crematorium with the relocation and additional landscaping again the applicant has addressed the concerns as raised by the board and essentially this evening what we would like to do is enter into a discussion with the planning commission as to your feelings on this particular use and answer any questions you may have. SMITH: Okay all right do we have anyone else who wants to speak pro or con on this item. Okay members Mr. Faille. ALLOCCO: May I SMITH: Sure ALLOCCO: Open I find issue with the ah land use I don't feel that it falls into the definition for a funeral home as outlined on land development code specifically page LDC2238 if I may I'll read the definition of funeral home, funeral homes the premises structure or site used as a commercial establishment for the preparation of deceased humans for burial and or for the conduction of funeral services prior to burial or other disposition of deceased human remains. There's no mention whatsoever about cremation. HASS: This is an accessory to the approved or permitted use ALLOCCO: It would still have to fall into the HASS: accessory ALLOCCO: into the definition would it not HASS: Not necessarily no ALLOCCO: We would consider an incinerator and incinerators I believe are prohibited in this state in the City of Sebastian yes YOUNG: Didn't you say other disposition ALLOCCO: Yes but that's the paragraph that deals with the services not with the preparation I'm simply reading it the way its read and there happens to be a typo in it besides. But let me go on to another issue since you brought it up you stood here two weeks four weeks ago and took an oath stating that you had this permit in hand and Mr. Hass did the same thing not once not twice multiple times its in the record to me that's a misrepresentation or it might even be considered perjury I don't know we would have to ask the city attorney about that issue and where it falls into this hearing might I ask Mr. Stringer to comment. STRINGER: Ah in the event of well within a quasi judicial hearing I don't speak near as loud as Tracy did when he was talking into this thing in a quasi judicial hearing you largely serve the function of a judge in the way the evidence comes in front of you if the board feels that someone has not been forthcoming in their testimony it gives you a basis to have doubt about all their testimony ah so I mean at that point if there is a misrepresentation it would entitle you to accept or reject anything else offered by that person um testimony in a quasi judicial is under oath ah if someone comes up and under oath you know states blanket falsehoods um yeah that would be subject to perjury laws ah you know so that wouldn't be anything that would come through here as far as your options in that like I said if you feel that something's been misrepresented to you it entitles you to disregard the veracity of anything else it would give you grounds to question anything else that was told to you. ALLOCCO: Okay thank you in continuing I did contact the state department of environmental protection I spoke with a Mr. Jeff Ruskin there who's the person who is assigned the task of following up on the application that was submitted by Mr. Young for this facility. During the entire proceedings a month ago no mention was ever made of the word emissions other than the word emission. No definition of what that meant to us or to the neighboring properties so I went ahead and asked Mr. Ruskin based on the permit that was applied for how much how much can be released to the atmosphere in particulate matter and it comes down to one pound two ounces every hour that it operates that's how much is going to be released into the atmosphere directly adjacent to the Elks directly adjacent to any residential property close by the charter school across from the Kash N Karry. BLESSING: Say that again ALLOCCO: one point two pounds of particulate matter BLESSING: That's if its malfunctioning? ALLOCCO: No that's under normal operation they're allowed to spill this into the atmosphere after all if we take a 200 pound person and we incinerate them for 2 hours where does the body weight go we're left with a small urn full of ash or bone chips it goes up into the air. BLESSING: I spent two hours at Lowther Funeral Home at their crematory and they were cremating someone and nothing was coming out and they had mirrors to reflect anything that was coming out. ALLOCCO: Well I beg to differ you're welcome to I'll give you Mr. Ruskin's phone number here and ask him about it yes it does go up into the air now as a commercial property adjacent to this for instance the Elks hall or the Kash N Karry they have air conditioning systems located on the roof by Florida statute falling under the mechanical code they're allowed or required to draw ten percent of outside air to dilute the build -up of gases within the building and where do you think that's going to be drawn from the surround area or the plume that's put up from the incinerator so no mention was made of this its pure fact it can be check this is exactly 1.2 pounds its quite a bit based on a yearly if we expanded his permit allows 10,241 pounds to be released into the atmosphere up to any amount to and that would include I mean that would partake in about a thousand cadavers. Based on this I don't see how I could vote for this type of operation anywhere and based on the misrepresentations if I'm allowed to I would ah like to make a motion right now although I would pass to other questions that the board members might have and I would like to make the first motion upon return to me. Thank you. SMITH: Mr. Faille. FAILLE: I'd like to ask is there an air washer involved in the equipment with this place? YOUNG: Before I go on Andrew as far as are you a mechanical engineer? ALLOCCO: Yes I am I'm a professional engineer licensed by the State of Florida plus I'm a mechanical contractor State of Florida license for 16 17 years now. YOUNG: I was just curious if you were a mechanical engineer. As far as the process for the cremation which I spoke about a couple of weeks ago the cremation process takes about an hour and a half to two hours. The degree of the crematory is between 1900 and 2200 degrees Fahrenheit it is a direct flame that hits that cremates the person during the process the smoke goes up through a filtration system, which is approved, by the state of Florida and it purifies and goes out the top of the crematory through the furnace. FAILLE: My question was is the filtration process dry or wet? YOUNG: It's dry. ALLOCCO: It's ah, question please sir it's not a zero emission operation it's not a zero emission operation correct? YOUNG: I'm not a mechanical engineer and I as far as that would ALLOCCO: Well that was another problem I believe one of the members I think Mr. Blessing asked to be supplied with technical data on the equipment specifically operation manuals and the like all we did receive was a hand sketch of a YOUNG: There's been a full copy of the retort given to Tracy. HASS: In our files if anyone would like to peruse the documents YOUNG; It's in their files. Well I guess my only concern would be we can a crematory in Vero Beach we can have three crematories in Brevard county but here in Sebastian we cannot have one. ALLOCCO: You have a home in Melbourne which is a city of an excess of 60,000 persons have you applied up there for a crematorium. YOUNG: I just recently acquired the funeral home. ALLOCCO: By the way the one in Vero is located directly across from the railroad tracks because I visited the exterior of it today it is not in a highly residential area its next door to the Lesco fertilizer plant. YOUNG: It's also beside the Indian River County Health Unit. ALLOCCO: Well no the health department I believe is by the theater which is YOUNG: The health department is right down the street and they keep a close eye on the crematory. STRINGER: If I can Mr. Chairman just stating for the record um as we typically do where we have two quasi judicial hearings concerning the same matter we jointly hear the testimony and have the hearing but entertain separate motions um for that reason this is also the hearing for the conditional use. SMITH: Right STRINGER: Um while emissions may not generally be within the realm of a site plan review they would be within the conditional use if you look at the requirements of the code but just for the record this actually is a dual hearing but typically we vote on separate motions. SMITH: That's what I intended to do with it to vote on two separate items here but we did swear everyone in for both. Mr. Mahoney. MAHONEY: Oh are you going around this way oh okay fine. I gotta thank Mr. Allocco for his ah intrinsic statements he's made here but ah got to remember we're next to 512 which is a major artery and there's a lot of atomized rubber from tires going by there every hour and I wonder if anyone's done any studies on that to see how much particulate matter wafting into the air from all those tires there's got to be a considerable amount of that and my biggest problem is I'm confused about the permit or the issuance of the permit or the lack of issuance thereof. There was an article in the paper or a public notice an intent to issue a permit for an air construction permit and an air construction permit is the one you must secure before you can make it an air general permit or a regular operating permit so this was issued February 11 after we had our meeting and after people had stated that the permits had been acquired so that's where I'm confused. Do they have an air construction permit now? HASS: On January 21 the state issued the notice of completion of their review now when I, I'm sorry if I misled anyone at the previous hearing when I said that we had that in the file what we had in the file was the actual notice from the state they completed their review and were preparing the notice of intent then the next step is the notice of intent following notice of intent to issue after the advertising requirements have been satisfied that's when the permit is issued much like when we go through a land use change within a community the state department of community affairs for any type of modification or comp plan they will advertise that prior to acknowledging that the city can move forward with that and so that's what's happened in this particular instance they ran the ad in the local newspaper and also sent the applicant the detailed letter package outlining that they were going to issue the permit MAHONEY: Notice of intent HASS: Notice of intent MAHONEY: but there's a period when someone may appeal HASS: That's correct MAHONEY: Yes sir YOUNG: They issued the draft permit about a month and a half ago which they issue ahead of time and then once the ah as far as the actual permit we should receive that probably in the next few days we're expecting it any day but they issue a draft permit and give you the number just to go ahead and take care of the city part of it ALLOCCO: Draft permit MAHONEY: A draft permit? ALLOCCO: Draft permit MAHONEY: Could you explain what that is? YOUNG: You should have a copy of ah ALLOCCO: Well do we have it in the file would we send Mr. Hass to his office to retract it and ah show it to us a draft permit you might mean a draft application YOUNG: It was faxed to me I gave it to you HASS: Yeah I think its in here I saw it ALLOCCO: I have the copy of what you have in your hand there and that just shows that you have a completed application and paid your fee. HASS: This was issued YOUNG: We've had that for two months HASS: January 21s 2003 this is what I was referring to that was in the file ALLOCCO: So in other words what this tells me is that he submitted a complete application but it says here they're not going to act on it until probably April 21 which is contrary to a few days from now again I I really don't want to stress again misrepresentation but it seems that's all we're getting here. HASS: This is typical of any as I explained in my memo to the commission this is typical of any intergovernmental agency that we deal with when they're reviewing St. John's permit for instance we ALLOCCO: We're not talking about the St. John's permit HASS: Well we're talking about similar issues let me explain please in a St. John's permit the same thing occurs we very rarely have a St. John's permit in hand prior to the issuance of the site plan approval or the subdivision approval just as with the health department these are other governmental agencies that have jurisdictional review capabilities through their own separate permits our site plan approval is not contingent upon the applicant obtaining these other state agency permits yes our code stipulates that they have to obtain those but that does not mean that we have to they have to obtain them prior to the site plan being approved. ALLOCCO: Well if you remember a month ago I asked you specifically questions such as that in other words if we turned down a month ago there's a good chance the state wouldn't issue that permit but if we pass it there's another good chance that they might now your HASS: The state is not going to evaluate based on whether or not the city approves it or not the state is going to issue it under their own criteria they have a separate set of guidelines they follow it has nothing to do with the local jurisdiction. ALLOCCO: Okay YOUNG: Can I add something, They're going to come down and check the machine also once it's installed. ALLOCCO: I have no problem with that because the machine most likely if its being sold in the state must comply I don't have a question with that and in going back to the memo that you've submitted just now to me you eliminated a few other words that I had asked you about a month ago now if we must I brought the transcript of the tape we can play the tape right now if you'd like and hear the whole story. HASS: I'm not sure that would accomplish anything what we're trying to do here is establish the fact of the matter is they've obtained the necessary they've submitted the necessary applications to the state the state has issued the interim permit the state has issued the notice of intent to issue permit ALLOCCO: I disagree HASS: Which is not a part of the actual the site plan application that's being reviewed here by you you are reviewing the use yes they still have to obtain the state permits if they do not obtain the state permits they will not get building permits ALLOCCO: I object to the use interim permit I spoke with Mr. Ruskin have you spoken with him HASS: No I have not spoken with him ALLOCCO: There is no such thing as an interim permit there's a permit or no permit HASS: Well they have an interim number so what do you want to call it and I don't see where this line of questioning is going what we're here to review is exactly we're to review the actual use is this use consistent with our land use guidelines and our zoning guidelines is this an appropriate use for this piece of property the state will handle the guidelines they will review this from their own regulatory ALLOCCO: Okay HASS: issue and determine whether or not it's consistent with their guidelines. If they don't abstain if Mr. Young does not obtain all of the sign offs from the state level he's not going to get local permits to build the facility. SMITH: Mr. Mahoney do you have anything else? MAHONEY: Yeah I'd like to read from your first synopsis they signed off on January the 29 where your talking about number 23 other matters and you say Seawinds Real Estate company has received the requisite department of environmental protection air resources management permits for a humane I remember I asked about humane you said that's the way the permit was printed HASS: That's right right on here MAHONEY: crematory facility so that's saying that he has received all the permits HASS: Well and that's in accordance with what I had received from Mr. Young that was actually a copy of what the state had issued to him MAHONEY: Yes well ALLOCCO: Do we have a copy of the actual handwritten or typed application that was made? HASS: We've got the complete application we've got all of the technical specifications we've got everything that you could ever ask for its right here. SMITH: Mr. Fischer. FISCHER: Ah, Henry Fischer, if the applicant had stated on LORUSSO: Dr. Fischer, would you please, thank you so much. FISCHER: The adjacent property owner was never notified by the state or by this individual had the ah I clearly remember him stating he had this permit in hand. If he hadn't had the permit in hand and he wouldn't have said that we could there's a public input ah into the DEP permitting process and we would have had able to comment on this by him disguising that he had the permit when he didn't have the permit left once again the adjacent property owner ah without adequate notification. Thank you. SMITH: Bill. MAHONEY: Oh well enough of that as for the change itself you're going to be removing the dumpster correct. Where the dumpster is now HASS: That is correct and the actually from our understanding currently do not really utilize the dumpster itself they have pick up at the door as opposed to using the dumpster and its not a specific requirement that site can maintain a separate dumpster as long as they have MAHONEY: I was wondering where is the dumpster there's not going to be one HASS: No there's not going to be one. MAHONEY: Okay its just going to be removed okay correct so putting the facility there you know that would be a change since the dumpster is already there yeah HASS: Right. MAHONEY; So HASS: Right, its going in the location where the dumpster was MAHONEY: It would be unobtrusive as far as the worthiness of the change um I was just wondering where Dr. Fischer in relation to Seawinds you plan on putting in your apartments. FISCHER: The apartments can go adjacent to this property. MAHONEY: Yes okay well they're putting in live oak correct they're going to put some live oak in there which they start off live oak starts branching very close to the ground so it's a very good tree for covering that they've got so that's a good move right there and actually you're not going to have only 47 parking spaces now you'll have 49 because you're only removing one parking space. HASS: Right with the modification now right MAHONEY: Yeah okay just want to get that corrected well that's all I have for now, thank you. SMITH: Mr. Blessing BLESSING: Yes I'm going to have some questions for Mr. Young and Mr. Mosby I'm not entirely satisfied with the screening that I had suggested previously that there be 25 foot screening of a class A catch me if I'm wrong here Tracy, but a class A opaque screen and my purpose was to sort of disguise funeral cars backing up to this facility in other words minimizing the activity that would be going in there I now believe that the screen should be 40 foot in length from both sides not 25 and then I'd like to see for the next 15 feet a Type B screen on both sides. I think that would have a little bit better effect on screening this facility and making it less um offensive to people who might be looking there. Question, garage door, which way is it going to open besides up I mean is it going to open on the west side of the building or the south side of the building. YOUNG: It will be on the LORUSSO: I'm sorry Mr. Young please come up to the podium. Thank you. STRINGER: Then everybody can hear once the question has been answered YOUNG: It would be on the west side of the building. BLESSING: Is there any reason why it can't be on the south side again YOUNG: There's no problem BLESSING: Again ah your limousines or the funeral parlor's would be more screened by the funeral home and the screening landscape screening we're asking for if they were backing up from that direction YOUNG: Yeah, that's no problem, as far as putting the garage door on the other on the south side of the building but I guess you know as far as we have funerals there probably every other day or two or three times a week and we go out the side of the chapel and place them into the funeral coach and we BLESSING: I understand that all I'm trying to do is minimize the offensiveness the psychological offensiveness that this may have to people that are looking in at the property YOUNG: Yeah, that would be no problem to make that change to the facility. BLESSING: How many bodies will the refrigeration store 3, 6 YOUNG: Probably the unit that we will put inside the facility will hold 5 to 7 remains. BLESSING: Okay, ah the crematory requires a lot of air I mean from what I observed when I went down to Lowther Funeral Home was that it consumed a great deal of air and they had a screened garage door that was opened plus they had other vents around the building. The last meeting we talked about venting to the north and I presume that you are still going to do it but it looks there was no indication of venting on the wall there power vent I think it is right. YOUNG: Correct. BLESSING: Okay so if we can make sure that that still is going to be on the north side YOUNG: That's no problem as far as BLESSING: And it might be wise to have a screen facility over the door the garage door so it could be left opened now I've I sat there and watched that chimney there was a person being cremated for at least 2 hours and there was not any white smoke there didn't seem to be any particular pollution coming out of it it was clean and frankly ah Mr. Lowther told me he said we have to be very careful of that because if the state the state just rolls in here and sits back in the parking lot and watches this thing for half a day at a time he said and if it starts to smoke he said we are in serious trouble he said it's something that we really watch carefully and he emphasized the fact that you need operations that have been well trained on this and ah so that they're doing things right they can't start the furnace too soon without it heating up that sort of thing. Who made your furnace and where are they located? YOUNG: It's a Crawford machine it's out of Orlando, Florida BLESSING: Oh okay, okay that's probably the same one that I saw. Um will they service it for you and does it require regular service? YOUNG: Yes sir it does require regular service and they will take they will have a maintenance contract with the Seawinds Real Estate Company. BLESSING: Okay if ah how often have you been told that the state will show up unannounced YOUNG: Well they show up right now probably 5 or 6 times a year to check over the funeral home the preparation room the department of professional regulations they check over our paper work they come in and check the facilities ah since the problems up in Georgia and some of the other states they quite frequently come to the facilities. As a matter of fact we were just inspected not even a month ago. BLESSING: Is there someone from management always going to be available when a cremation is going on. YOUNG: As far as one of the funeral directors will be at the site BLESSING: Skilled in handling this kind of a facility YOUNG: Ah yes sir as far as the training procedures I had sent that to Tracy the engineer I hired from Orlando comes over and does the training for the people that are going to operate the machine and they are certified he is certified by the state of Florida to do the training and Tracy does have a copy of that in his file. BLESSING: I know this is an emotional issue with people but its our job to be constructive and not obstructive and we don't want anybody getting hurt the adjacent land owners included but Sebastian is growing at around 9% a year and I frankly believe we've got to consider this favorably. It's zoned properly and if we can keep the offensiveness of this the psychological offensiveness of this facility at a minimum I would vote for it. That's all I have. YOUNG: Thank you Mr. Blessing. MAHONEY: Might I ask you a question at what stage of the process are you in acquiring the permit? YOUNG: As far as the state permit for the crematory MAHONEY: Yes the state permit. YOUNG: The state has issued a draft permit number to the funeral home and that's where we're at this point. MAHONEY: Yes we were provided with some information from Mr. Allocco is that prior to obtaining an air general permit a regular operating permit all new facilities are required to obtain and demonstrate compliance with an air construction permit have you acquired an air construction permit. YOUNG: Yes sir we have that's the draft that's the copy that Tracy has in his file from the state with the number. MAHONEY: Did you have it a month ago when you made the statement that you did have it (unintelligible) that you did have the permit a month ago. YOUNG: I received it in January from the state of Florida and there's a note from the gentleman, which Tracy has in his file that your permit number has been issued and you can continue with the project. MAHONEY: Was that the intent to issue a permit or you had obtained the permit YOUNG: Yes they had they had given us the okay on the machine they look into the machine as far as the actual machine the specs on the machine and they issue the permit if it meets their criteria which it did and they issued the draft permit number to us. I mean as far as the actual crematory goes through the state and as far as you gentlemen as far as I would feel we meet the requirement of the City of Sebastian on the land use the crematory goes through the state of Florida to get the approval it really has very little to do with the City of Sebastian. STRINGER: That's my job to advise them they have to do so. YOUNG: But my statement as far as the permit is offered is brought to us by the state of Florida on the machine as far as the machine has past their tests we've given them all the specs on the machine they've issued the permit number for us it's called a draft permit. MAHONEY: Yeah I have a permit number here but I thought it would be different yes Randy. MOSBY: Again Randy Mosby, ah I'm kind of in a particular situation here because I'm the engineer of record for Chessar's Gap and I've been Dr. Fischer's engineer for many, many, many years and ah I know that there's been some discussions about buffering between Mr. young and Dr. Fischer and again that's not an engineering issue that's a land deal issue and I don't even want to address that and I really do appreciate it I've never met Andrew before and I appreciate you all having an engineer on staff because I think it's very valuable to your commission but one thing as a suggestion that I can make and I cannot offer probably any more to this meeting tonight than maybe make one more change or suggested change to the drawings the site as its designed has two additional parking spaces and what we can do to provide more buffer as Mr. Blessing was referring to we could move that crematorium approximately 20 feet further to the west and eliminate two parking spaces and would still meet the parking requirements of the city that would give us 20 feet more buffer to the property to the east and we could and again I haven't talked this over with my client we could in addition to the buffering for that short segment of the building there could be a missionary wall opaque buffer put in along that east property line so we could add 20 more feet of landscape area and add a wall for that short distance and it would provide a substantial more buffer with regards to what Dr. Fischer is recommending I can't comment on that at all it's not my money I don't write the paychecks but as an engineer the site plan can be modified to make those changes and from what I'm picking up from the discussions here its ah the main issue is buffering and the landscaping and I believe that's one if Mr. Blessing's the comments about the emissions you know more about mechanical engine I'm a structural civil engineer well when the permit allows it they set those as maximum limits when you look at that bag there that's scary to me ah if that's the maximum allowed by permit hopefully its not producing that so you hope that your permits are operating at much lower than what's allowed by the permit application. I, I, my office is right next to the one that you went to Lowther's funeral home I've never even seen any emissions, smelled anything, our office is right next door to it if I didn't know it was there I wouldn't know it was there. You know but as an engineer we could we could move the building 20 feet to the west and we can get more green space and more buffer and if my client agrees to it he could even put a short segment of masonry wall there that would provide a more opaque feature. Again but that I can't speak of what Dr. Fischer would agree to and I can't speak for what Mr. Young is going to agree to but engineering wise the site plan can be modified and still meet all the codes. Tracy and I just looked at it and ah that's all I have to ah add I mean if there's any other technical questions which it doesn't sound like there is cause I'm not a mechanical engineer ALLOCCO: We have one here MOSBY: ALLOCCO: parking? MOSBY: ALLOCCO: MOSBY: MAHONEY: ALLOCCO: Okay The addition of the 480 square foot building doesn't that require additional Hopefully it's reflected in the revised parking calculations Tracy um You're very marginal as it is and As you see on this my engineer on the site plan ...five spaces for employees Now do you add an employee to operate the crematorium? MOSBY: Ah I don't know how again I don't know how that operates I would think that you are probably not having your not doing a cremation while you're having a funeral service I don't know hopefully I won't know that business for a long time and then when I get to that point hopefully I won't know how it's done anyway. Ah but I don't know with the power I believe our parking calculations are done per code and I've got a very good engineer that does those for me and ah I'd look at them at one time but I don't remember but I'm sure that we did them per the code. HASS: Based on the use proposed there's an additional 5 parking spaces over what is required by code for this use. SMITH: Okay. Randy I like your comment on having an engineer but many of us up here have much more experience in different fields and I think you've come up in the brunt of it a few times here with some of your things MOSBY: Oh yeah SMITH: I took you on quite a few times MOSBY: Don't get me wrong I wasn't saying that anyone here is more knowledgeable than anyone else I think you have a very good board here I've just never really been let's say in one of my areas of expertise or one of my site plans where it was real technically orientated where I could answer the questions which a crematorium is not I haven't had that opportunity to go head to head with Andrew but I think it's great to have an engineer. SMITH: We're very fortunate to have Andrew with us. Ms. Monier. MONIER: I'm almost glad I missed the last meeting. (END OF SIDE ONE) and the terminology that's being used I'd like to see leave this meeting um this is a natural process its not necessarily a comfortable one for a lot of people but it sounds to me that Mr. Young is dong everything he can to work with the community as far as buffer and to ease that psychological issue um as far as I can tell the paperwork whether the timing was off one way or the other it seems straight to me by now all the permits the state's doing what they need to do um I don't think I see any problems with this, this is just part of life and unless there's a staff issue with permitting, which seems to be our biggest issue, it sounds like it's been taken care of. SMITH: Dr. Fischer you want to speak again? FISCHER: Yeah, please, this is only nice if it's in somebody else's back yard if this was near your house you'd be screaming ah there's a number of choices that can be made tonight ah the number one choice would be this gentleman would move to a place near the railroad track in a general commercial away from a residential area um that would be a great thing I would recommend if you are going to approve it delay it 30 days for further discussion and ah there are a lot things that you can do as a planning and zoning board you're just not up here for a formality there are restrictions can be put on this operation of this very very very very negative impact on my property and I would strongly recommend this gentleman move it up to the northwest number one he doesn't have to put it on my boundary it's a nice recommendation on 20 feet he should purchase more buffer so he doesn't negatively the value of my property will be decreased at least 50 to 80 percent when he puts this on my boundary line okay this is not a mundane operation he should be restricted to the hours of operations not on Saturday or Sunday he's told us that he's only going to do one or two things he said there's not very much business on this so he doesn't need Saturday and Sunday and that's your prerogative that's your duty in matter of fact that's why you're here hours of operation it's not unusual you put hours of operations on my operations all the time so I'm not I'm used to that so you do that that's part of you job. MAHONEY: FISCHER: MAHONEY: FISCHER: You've done it on car washes so here's a guy with an incinerator next to residential areas so you do have the right to certify that the Elks while they're having a picnic on Sunday don't have to have him cranking this thing up. Um the ah you can demand or you can require an operator that's certified on site at all time we know they do fail that's why the state comes looks at these things and you already know from t his engineer that gave a that the state when they would come to you they would need a certified smoke detector the DEP doesn't have that he says I inspect it 5 times that doesn't mean anything the DEP would have to send a smoke specialist with the instruments to negate or cause him any trouble so he got this ah what is it 11 what was the poundage it can do. ALLOCCO: FISCHER: ALLOCCO: We've done that with the car wash. Pardon We've done it on a car wash. It can do 1.2 pounds per hour 1.2 pounds per hour 10,241 FISCHER: 10,000 see that's a lot that's more than a gigantic incinerator which Randy knows so you got this ah hours of operation, certified personnel on site, more buffer, go to the northwest side, if he's in a hurry he'll yield to you he'll go to the northwest side I don't want him on my boundary I don't want him to cost me I paid a lot of money for this site I put in water and sewer and drainage and ah thoroughfares and um plumbing water pipes drainage pipes and I've got a tot of money in this thing okay and it's not fair for this fellow to come here and dump on this community on this thing you need to limit his hours to 8 hours a day no Saturdays and Sunday a certified person on site and you all need to get a smoke detector so in case this doesn't because there's no one gonna monitor this the DEP doesn't send a smoke detector down in 25 years so this thing can run any way he wants to run it so at least give the Elks a chance in their picnic area on Saturday and Sunday that they don't have this guy cranking these bodies out of here which I don't have any problem with these I just have a problem with it in my back yard. Thank you. MONIER: Sir do you SMITH: Dr. Fischer can I ask you one question. You mentioned about a buffer that you were trying to get Mr. Young to purchase part of your land to use as a buffer you said something about 97 feet is that the length across the back of the property. FISCHER: It's 250 by 87 would be a half acre and that's what we discussed with this gentleman and he's got another home he's built he tells me and he's just purchased one in Melbourne and he's building one in Vero and where do you think all those bodies are going to go. Now there's hundreds and hundreds and thousands of bodies sitting in Melbourne with no place to go and he's picked Sebastian so you got to know that he's going to crank them out you need ah you don't need them there cranking that thing 24 hours a day if he can't do it in 8 hours and he can't do it during the week days and he can't do it within (unintelligible) then don't give him the permit. MONIER: Um, how long has Strunk Funeral home when was it built? MR. YOUNG: 1982 MONIER: 1982 Dr. Fischer when did you buy your property? SMITH: That was his all along MONIER: Or Seawinds I'm sorry FISCHER: Sold him his property I've sold him his property okay MR. YOUNG: 5 years ago FISCHER: 5 years ago I bought the property in 86 something like that MONIER: Okay so you bought the property the funeral home was there no HASS: No it was constructed after the purchase MONIER: After Dr. Fischer owned all the property and then sold to for a funeral home HASS: That's correct MONIER: Okay MR. YOUNG: I'd like to add something, as far as restricting the crematory for not being able to run the crematory on the weekend the problem with that in the state of Florida there's a 48 hour waiting period before you can be cremated and also there's paperwork that we need to get completed in the mean time let's say for instance somebody passed away.on Wednesday and they came into the funeral home and made the arrangements there's a 48 hour waiting period before we can cremate the person well we may not get the paperwork with the authorization back from the medical examiner so we would have to wait until Monday of the following week to cremate that person it it as far as it's 48 hours from the time of death and also sometimes the doctor won't sign the death certificate for a day or a day and a half so we would have to make that family wait until the following Monday before the cremation would take place so you're talking Wednesday, Thursday, Friday, Saturday, Sunday, Monday six days before the person would be cremated. SMITH: I understand that you have a refrigerator that will hold 7 bodies is that correct. YOUNG: That's correct but I'm talking about the part that your mother is there at the funeral home for 6 days before she can be cremated because the City of Sebastian doesn't want anybody working on the weekend in the crematory. SMITH: Well, okay thank you. BLESSING: One question Mr. Young ah the crematory is equipped with a silencer YOUNG: Yes sir you can pretty much stand right outside the crematory and not hear it run. I mean you were down at Lowther Funeral Home and you were probably sitting in the front reception in the reception where the reception is and probably couldn't even hear the retort running could you. BLESSING: No it was it was relatively quiet you can hear it but for a machine that size and doing what it was doing it was relatively quiet. YOUNG: It's very quiet. BLESSING: And I want to thank you Mr. Fischer for suggesting that I learn something about crematories. ALLOCCO: Okay, is it a requirement that you have a sign there explaining crematorium or stating crematorium is that in the Florida Statute in your industry. YOUNG: That a crematory is located on the property? ALLOCCO: Doesn't it have to say crematorium. YOUNG: Well we will put up a new sign once this is approved and put Seawinds Funeral Home and Crematory but to my knowledge ALLOCCO: You were asked that question a month ago and ah somebody asked about identifying it and you said it would be not obvious. YOUNG: As far as most of the funeral homes have for instance Strunk Funeral Home and Cremation Service its part of your advertising that you offer that service doesn't mean that you have a crematory but if you look in the phone book they're all listed under crematories and cremation services. SMITH: And they farm out the body then. ALLOCCO: Prior YOUNG: Excuse me SMITH: They farm out the bodies YOUNG: That's correct ALLOCCO: Prior to cremation do you remove the fillings from the cadavers' teeth? YOUNG: I won't even go there you know better than that ALLOCCO: No I I'm bring this point up because it's a general knowledge throughout the industry that burning of the fillings causes a hazardous material within the air this is another thing from Mr. Ruskin you probably familiar with that am I not you never heard that before? I asked a question have you heard about that YOUNG: And I won't even answer that question ALLOCCO: Okay MONIER: Thank you very much. SMITH: I think that we covered this yes FISCHER: I can answer that for you. Mercury's a stable compound in your teeth as long as it is in the form of an amalgam. When you burn it mercury vapors release that's just plain chemistry. ALLOCCO: That's a hazardous material exactly as an expert SMITH: But the chemicals are so minute that it wouldn't enter into the equation MAHONEY: So once it enters the air it becomes methyl mercury that's going to become SMITH: Oh my God we learned that in chemistry years ago okay I think we beat this to death I'd like to ask any one else had any more questions on this we'll take the first the STRINGER: I would like to SMITH: Minor modification first STRINGER: Actually um probably it would be best to do the conditional use because if you don't allow the use you don't have to worry about whether or not you are going to approve that specific site plan general you go from the more general to the more specific the only reason they're in this order on the agenda is one was old business. SMITH: Okay so I'll ask for the conditional use STRINGER: Ah yeah just to read you over what you are to consider and also as far as one direction as to what you're not to consider and that is the interpretation under this code um interpretation of whether or not having a crematorium on the site would be an accessory use while the planning director had the option to go to the Planning Commission for advisory opinion the following interpretation of that is up to the Growth Director any appeals from that if someone disagrees that this is an accessory use to the funeral home appeals of that could be made to the City Council sitting as the Board of Adjustment that's where really the decision of whether or not it is an accessory use is not within your jurisdiction within your jurisdiction you have six criteria to look at which is on 6 -1 of your LDC if you want to read it but one is that the design located and proposed to be operated so thus the operation type thing comes into play so that the public health safety and welfare will be protected. Number 2 that it does not present an unduly adverse impact upon other properties in the impacted area in which it is located you're also supposed to find it based on the skill intensity and operation of the use it shall not generate unreasonable noise traffic congestion or the potential nuisances or hazards to contiguous residential properties. Ah your fourth finding is that it conforms to all applicable provisions of the district in which the use is to be located um that would be more along the lines of site specific things ah as I said the interpretation that it is an accessory use has been made um you have to find it satisfies specific criteria which are not really in here there's specific criteria for funeral homes which have already been met so there number 5 is not applicable. The following is it consistent with the Code of Ordinances and the Comprehensive Plan so those are the things that you're actually supposed to be able to say we find all those are present or if you vote no you have to say what you find is not. SMITH: Then I can ask for a motion on the conditional use permit first, Mr. Stringer? STRINGER: Yes. SMITH: Okay, I'd like a motion on the conditional use permit first anyone make a motion. ALLOCCO: Mr. Chairman I'd like to make a motion we disapprove the application of the conditional use based on items one and two as read by Attorney Stringer mainly doing with the health and safety and adverse activity upon the neighborhood. SMITH: Okay you make a motion not to accept it anyone want to second that. FAILLE: I didn't hear the motion could you repeat it please. ALLOCCO: Yes I make a motion we disapprove issue of the special based on items 1 and 2 dealing with public safety and adverse conditions. FAILLE: Okay thank you SMITH: Do we have a second? FAILLE: I'II second. SMITH: Okay call for the vote Susan LORUSSO: Okay, Mr. Faille (yes), Chmn Smith (no), Mr. Blessing (no), Mr. Allocco (yes), Mr. Mahoney (no), Ms. Monier (no) okay the vote is one, two, three, four no two yes motion to deny fails. SMITH: Okay can I have a motion on the conditional use permit? MONIER: I'II make a motion we approve the conditional use for Seawinds BLESSING: Second LORUSSO: Mr. Blessing second SMITH: Mr. Blessing second call for the vote. LORUSSO: Mr. Faille (yes), Mr. Mahoney (yes), Mr. Blessing (yes), Ms. Monier (yes), Mr. Allocco (no), Chmn Smith (yes). Motion passes 5 to 1. SMITH: Okay the second one will be on the site plan is that correct, minor modification can I have a motion for that please. BLESSING: Mr. Chairman I move to approve the application from Seawinds Real Estate Company to add a 480 square foot crematory to their property at 735 Fleming Street, Sebastian subject to the following conditions that a landscape screen namely a Type A opaque screen as described in the Land Development Code under Section 54.3- 14.16 be extended to 40 feet on the east side of the crematory building and to 40 feet on the north side of the crematory building. That a Type B screen will be added so as to extend the landscape screen an additional 15 feet on both the east and north sides of the property thus the overall screens on the east and north sides will be 55 feet. That the garage door shall face south and be screened. That the powered exhaust fan shall vent to the north and I've got thoughts on this and that ah the operating hours be restricted to five and a half days per week. Do we have to name the hours there? MAHONEY: Did we get into that? STRINGER: All right ah actually if you want anything like that what you have to do is move to reconsider on the conditional use because it was passed without conditions. SMITH: Oh okay okay STRINGER: You can add conditions on the conditional use as you can on the site plan but I think if you want to have hours of operation or something like that all you gotta do is move to reconsider the approval on the conditional use and add that. BLESSING: Well I'll leave that that's my motion. SMITH: You got that? LORUSSO: Got it. SMITH: Anyone second you want to read the motion so we all understand it. MONIER: The hours are not included. LORUSSO: The hours are not included. What is included is the Type A opaque buffer 40 feet on the east and 40 on the north with a Type B additional going for an additional 15 feet east and north the garage doors are to facing south and be screened and the exhaust fan to vent north. Those are the conditions. MAHONEY: I'll second for discussion. You're talking about screening the door? BLESSING: Yes. MAHONEY: How do you accomplish that? BLESSING: Sliding screen. They need air from what I can gather that crematory really consumes air and they have to have vents on all sides of the property but the powered vent should be going facing north because it really sucks in air. MAHONEY: You're referring to the revised site plan. BLESSING: Yes. MAHONEY: Okay, in the northeastern corner BLESSING: Yes. MAHONEY: Well I seconded it for discussion. The problem I have is with this accessory use is the permitted use I shouldn't be talking about this now but it seems like its just its sort of like humpty dumpty a word is whatever I say it is no more no less because this is like a wide open provision accessory use permitting it could be a lot of things that aren't in the code this seems too open for me. I know I shouldn't be bringing it up now but that's a problem I have in accessory uses. STRINGER: It's those guys that were on the planning commission when they approved the LDC changes it is defined (unintelligible) um it says uses clearly incidental to the principle purpose ah that is subordinate in the area extent and purpose to the principle use and you talk about pretty wide open and that contributes to the comfort convenience or necessity of the principle use and located on the same lot so you know when you consider that as being the definition of accessory use Tracy's probably not too out in left field with his interpretation um I think it could be argued that it does help the convenience of the funeral home to have a crematorium on the site. MAHONEY: But it's not consequential to it STRINGER: Yeah, it's wild MAHONEY: Yeah, that's the problem I have with it STRINGER: Actually there is a second to the motion SMITH: Right there is a second STRINGER: Ah under strict procedure we've always had this backwards in Sebastian don't ask me why but usually after the second then you have discussion among yourselves and the only most of the boards around here think once there is a second they can't discuss it anymore in truth after the second you can discuss it with what it prohibits while there's a standing motion with no more input other than if there is a specific question from you guys to either us or somebody else. MAHONEY: Right that's why I seconded it for discussion. STRINGER: I knew you knew that. SMITH: Well anyone want to discuss it. MAHONEY: Well if we could incorporate the proper safeguards I think Dr. Fischer is worried more about sight lines when he puts his apartments in than anything else people might be viewing this or just aware of its presence on the property but since the code says its an accessory use to Seawinds Funeral Home which is already there which is not supposedly dissatisfying I can't see how putting in a crematorium of this small size would cause so much discomfort unless there's some religious you know. Yes Dr. Fischer FISCHER: We're under public discussion yet we didn't close the public hearing did we? MAHONEY: I don't think we did no FISCHER: Okay under discussion ah the engineer offered you a 20 foot more foot setback and a wall would be a positive and another positive when you go back to the comprehensive part with the two ah restrict the hours on the weekends to after 8 o'clock if he needs weekend hours so the Elks are having a picnic in the afternoon he should be restricted on the hours of operation till later in the day Sunday say like after 7 or 8 o'clock. Thank you. SMITH: Okay, I don't think that's applicable is it Mr. Stringer. STRINGER: (Unintelligible) I didn't hear it BLESSING: We can re -open the conditional use. SMITH: I know but I don't want to go through that again. YOUNG: I guess my concern would be how about if I'm having a funeral on a Saturday and the Elks are over having a barbeque. I mean what's the difference. SMITH: Okay MAHONEY: The transporter vehicles are still there and you know they've been going on. SMITH: I think I better close this public hearing. STRINGER: Then we need to restate the motion. SMITH: Okay. I'm going to close the public hearing now so everyone who spoke is finished. Okay restate the motion. BLESSING: You want Sue to do it? LORUSSO: Both of them or just the site plan. STRINGER: Oh he can just say I remake my motion at this time. BLESSING: I remake my motion. LORUSSO: What I'm saying both motions the conditional use and the site plan or just the site plan, just the site plan okay STRINGER: If they're clear on what the motion is you don't actually have to read it just the maker needs to say that he remakes his motion because we really weren't supposed to be taking a motion in public hearing. SMITH: Bill you want to add anything. MAHONEY: Well I like what Randy said but he's not here anymore. Could we incorp would you be amenable to incorporating what Randy suggested to removing two more parking spaces and putting in more buffer I forgot how he phrased it. BLESSING: Um actually if we could move it forward 20 feet is that what it was and ah still put the buffering landscaping in and he even offered a wall I believe that's an either or choice. MAHONEY: It depends on what Mr. Young is agreeable to. MR. YOUNG: Was he speaking for Mr. Fischer or for myself. BLESSING: No he was just speaking general. MR. YOUNG: As far as I'm concerned the site plan that we've turned in as long as we're not interested in making any changes unless it to the buffer as far as the landscaping he was talking for Dr. Fischer not for me. SMITH: We have a motion and we have a second LORUSSO: Yes and the public hearing is closed now no no it's closed now we can't any more public input FISCHER: Mr. Young just made some input and I would like to say it's detrimental to my property and by setting it back 20 feet further to the west and putting a wall up and buffering as your doing is a further positive part of a negative impact. SMITH: Where are Sue. BLESSING: I repeat my motion. LORUSSO: Thank you Mr. Blessing. MONIER: That motion is to contain the buffering right the landscaping. LORUSSO: That motion contains the Type A landscaping 40 feet going east and north then Type B going east and north for 15 feet BLESSING: Additional feet LORUSSO: Additional feet yes. It contains the garage door to face south and have screening. The exhaust fan to vent to the north. SMITH: Okay all right FAILLE: There's no restrictive hours of operation. LORUSSO: no BLESSING: No that's ah Rich said we had to we'd have to reopen the conditional use hearing again if we wanted to do that. MONIER: Okay I will second that. LORUSSO: Well that motion had been seconded by Mr. Mahoney did you want to re- second. MAHONEY: We renewed it I'm waiting for another second MONIER: I'II second as a final. LORUSSO: Okay thank you. SMITH: Okay want to call for the vote then. LORUSSO: Okay, Mr. Faille (yes), Ms. Monier (yes), Chmn Smith (yes), Mr. Mahoney (yes), Mr. Blessing (yes), Mr. Allocco (no). Motion passes 5 1. SMITH: Okay do you want to reopen for the we're done with that okay all right chairman matters, Tracy I have only one thing I brought to Sue's attention that the notice in the paper on Sunday had the meeting time as 6:00 p.m. and it may through people off on these government meetings at 6:00 p.m. instead of 7:00 p.m.'would you just make sure they do the right thing in the newspaper. LORUSSO: May I answer that? MAHONEY: They printed a retraction. SMITH: Did they. LORUSSO: Yes, Mr. Smith I did contact Jeannette at the city clerk's office she called the newspaper and as Mr. Mahoney said yes they did print a retraction and did correct that. SMITH: Good I just wanted to bring it to your attention. Okay thank you very much. Members matters anyone have anything. BLESSING: Have we heard anything about Sebastian Retail? That place is as clean as a whistle nobody's doing beans up there. SMITH: That's for sure. HASS: The building department contacted them and issued the permit the applicant picked up the permit last week and the materials will be in and construction will start Monday. SMITH: Great we'll be watching. HASS: So will we. SMITH: Okay, director's matters. HASS: I have nothing. SMITH: Okay MAHONEY: Oh wait we didn't go SMITH: Mr. Stringer you have anything? STRINGER: We have one thing that that I guess we're going to need to bring to you but it will be quite simplistic which is the ah house numbers on buildings um code enforcement wanted that changed because right now they have 30 days once our officer gives them notice that they don't have the proper building numbers on their house and they don't know if that originated back when people had to go out and cut down the trees and build the house numbers themselves but with the implementation of Wal -Mart and such they figure that 7 days is plenty of time to go down there and buy house numbers and stick them on your wall. Ah looking at that though I don't know why the heck that's in the land development code you know since land development involves the development use of and if your argument is that the house is on land then what isn't land development ah that's really a public safety issue so what I would bring to you is just to delete that section out of the land development code and what we'll do is at the time we take an ordinance to city council we'll delete it there and move it over as amended into the regular code of ordinances. SMITH: Okay, all right. STRINGER: If you get something just deleting it out in your packet don't think that it's going away we're just really moving it. SMITH: Okay. STRINGER: Though we have done that once accidentally we're going to fix that. SMITH: Okay. Like to adjourn. MAHONEY: Whoa SMITH: Any comments MAHONEY: I have several comments on the (unintelligible) down there at Jackson Street where they put all that asphalt in people are a little upset about that you know STRINGER: What project was it where everybody came in screaming about the ah that there was no landscaping and they weren't even done with the asphalt yet and its really not a good idea for the plants to have them there when you lay down hot asphalt ah HASS: We're still working on some striping issues and the traffic control as far as installation of stop signs and ah some traffic control through that corridor to the street way itself that's obviously not quite completed yet and it will be vastly improved I know right now it's just a big asphalt forest you know eventually or an asphalt sea whatever you want to call it eventually there'll be stripping and landscaping and the traffic controls it will turn out quite nice. MAHONEY: Yeah well they've paved ah they put asphalt on the sidewalk towards the end of the city proper and I thought that was they were going to extend the sidewalk but it looks like they are just making parking. I remember I asked that one time and you said yeah they're going to extend the sidewalk once they get done and I think the chairman said it was on the site plan not our chairman the former chairman but this asphalt they just went and paved it like they were going to stripe that and make that parking instead of a sidewalk. HASS: Which area are you referring to? MAHONEY: On the east side SMITH: On the river side MAHONEY: The sidewalk stops when it gets to Captain Butcher's about four years ago they said they didn't want to put anything there because they wanted to get trailer trucks to park there guys would pull up with hand trucks and wouldn't be hit by traffic so and then you said well they're going to extend the sidewalk. HASS: Right and as far as the stripping and the delineation of the sidewalk now its asphalt because the sidewalk is going to be extended to about the median of the street where the big oak tree or the big palm trees are they have their sign that's just a little bit further north on the north side of the street the sidewalk is going to meet at that area MAHONEY: It's going to be on the east side. HASS: On the east side so it will extend from the existing terminus north to about where the building is and then it will cross the street there'll be ah MAHONEY: Oh it's not going to go beyond the building it's just going to go to the building I mean HASS: It's not going to go all the way north to the end of the property SMITH: Oh across the street HASS: Across the street and then it'll SMITH: Then go north MAHONEY: Oh its just going to go far enough so people can cross the street without going diagonal. HASS: That's correct the street will be delineated we'll have a crosswalk just like the other ones that are stamped concrete and look like the pavers we'll be doing that MAHONEY: Have there been any applications for stop signs on Indian River Drive for Captain Hiram's there or Hurricane Harbor. HASS: No MAHONEY: Well you don't expect them HASS: Well the sign shop is working with the engineering department in installing the signs and crosswalk markings. SMITH: Anyone else got anything. Yes Mr. Faille FAILLE: I don't know whether it's my fault or the public address system's fault or what but I don't need a microphone as you can tell but I am finding it exceedingly difficult to hear everybody. Some people I can hear and some people I can't and it's not your fault I'm the guy that's got the affliction is this thing working like its supposed to? LORUSSO: I go around and STRINGER: Well we did have I'll ask if its still around we did used to have headsets for Mayor Wenenger because she really couldn't hear anything up there um so she had a headset so she could hear. MAHONEY: Yes I remember FAILLE: Well what does the headset plug into the MAHONEY: She had a jack up here to plug it in FAILLE: Well when I tried to use those they blast my ears off. But anyway I just wanted to make sure that you're all operating it the way it's supposed to be operated and if I can't hear it I just. SMITH: You got anything, Andy you got anything. ALLOCCO: He might try changing his seat though it might be different than in the corner. SMITH: Yeah that's an idea. ALLOCCO: Try a different seat. SMITH: We'll move you to a different seat all right. FAILLE: The what? SMITH: A different seat maybe the mike will work better there FAILLE: the majority of the talking is down here on this end the farther I am from them the less I'm going to hear. SMITH: Oh I see okay FAILLE: I'm interested in hearing everybody really but I don't if I'd say I had my choice I'd rather hear what they got to say because they're the ones we're going to find fault with right. Anyway just a point. 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U U U •,9s ZoZ ly;5o.00 S 1N3) -43093 A1I111n OW 30930980 .09 11 3093 '71 )1008 1919 i NOIS1n10900 1910d 800893 101 H 1 101 9 1)981 .097060) M „19,10.00 5 u m 1 1003 09 39NVO'H1n0S If dIHSNM01'CI NOI133S x 30 7/1 1SV3H1OON 3111 30 7/I 1SV3H180N 311 30 1/1 109M 3141 30 3011 1503 N y 9/ N z 3 8 g N„:, 131)V 0 a 1N3W3103 30JVNI080 09 72 101 1)991 g MO. lZ,S0.00 CN Wo 1-3 O iii67376 ,mimmam _O 19'64Z 3 .4420.00 5 1 3 r4 r,90R0 +4- -J (10M 10 19918 300N4980 .00) 1 ;0'01 /.998310M 8311103 'r. 4 ohm m 4 1 i,n o w� 2 ga o h0 i 4 /8 3009100 SHEET 3 OF 3 CURVE DATA TABLES \Clicnts \DIF \Fischer. Henry. Flank, Eric\Conclitions.doc CONDITIONS 1. A fire suppression system shall be installed in the direct disposition establishment. 2. The cinerator facility shall have installed new "state of the art" cremation equipment. 3. The hours of operation of the direct disposition facility, including but not limited to, the movement of human bodies to the direct disposition facility and use of a retort or cremation chamber shall be limited to between the hours of 11:00 pm and 3:00 am. 4. Prior to the issuance of a Certificate of Completion for the direct disposition facility the entire, parcel of land shown on the Site Plan as owned by Seawinds Real Estate, LLC shall be platted as Chesser's Gap Subdivision Phase III and said parcel of land shall be annexed to and made a part of the Chesser Gap Subdivision/Chesser's Gap Property Owner's Association, Inc. in a form and manner as approved by the City attorney. 5. Prior to the issuance of a Certificate of Occupancy for the direct disposition facility, a type "A" Opaque Screen as provided in LDC Sec 54- 3- 14.14(c)(1) shall be installed as follows: a. Along the entire East property line. b. Along the entire North property line, except where intersected by the existing driveway. c. Along the West property line North of the existing driveway. d. Along the South property line starting at the Southeast corner of the property and extending West 100 feet. EXHIBIT 7 (handed to PZC) Designed and "nginc for the low volun production facility, th buyer and for those addingorrc with more standard features t han range, the "Classic" easily outperforms 1ar Cremation Lquipment :cpera as well as the high 'cc both for the first tirne acing equipment. other cremator in its ric p e er and more costly machines. 0. a_ 0 2, U. S. Cremation Equipment also jfers cremation supplies, replacement parts for all makes and models as well as a unique collection of memorial urns: U ser: frien 0 r. erating System 1 F� Ioi ch.Screen crating Condtttons are displayed on 'various screens for monitoring and control during each stage of th creniatinn c ycle urner J S tatus Scr een and ys' High ark Low fi re, Off and MODEL I00 "CLASSIC THE RIGHT CHOICE "Classic" Performance CONTINUOUS OPERATION: Heavy duty insulation and improved drafting allows for continuous operation without cool -down between cremations. INCREASED PRODUCTIVITY: The "Classic" is capable of completing a cremation every 60 to 90 minutes and performing up to six (6) cremations in ten (I0) hours. COMPLETELY AUTOMATIC: A PLC (Programmable Logic Controller) controls the entire cremation cycle from start to finish. FUEL EFFICIENT: Faster cremation cydes and "Hot Hearth design can save up to 50% in fuel usage when doing more than one cremation per day. ENVIRONMENTALLY SAFE: Complete combustion is achieved in the Pollution Control Chamber eliminating smoke and odor. SPECIAL CASE CONDITIONS: An oversized primary chamber and an operating system that controls the rate of combustion enables the Classic" to safely cremate obese cases up to 800 lbs. "Classic" Features POWER CHARGING DOOR PRIMARY CHAMBER VIEW POR HYDRAULIC LOADING TABLE PLC OPERATING SYSTEM COLOR TOUCH SCREEN OPACITY MONITOR TEMPERATURE RECORDER POWDER COAT PAINT FINISH STAINLESS STEEL TRIM REFRACTORY LINED DRAFT INDUCER OPERATING TOOLS W /HAND MAGNET STARTER SUPPLIES TWO -YEAR LIMITED WARRANTY Model Specifics Specifications Height Width: Length: Weight 7' -0" (2083 mm) w /Door Hood 8' -9" (2667 mm) 5' -2" (I575 mm) w /Touch Screen 6' -I" (I854 mm) 13' (3962 mm) 24,000 lbs (1088 kg) Electrical: 208/230/360 volts, 50/60 Hz, 3 Phase, 20-40 Amps. Single Phase available System Requirements Fuel: Natural Gas or LP Gas (Propane) Pressure: NG 9" (2286 mm) W.C. LPG 11" (2794 mm) WC. Flow: 2,000,000 BTU /hr (connect at 2" header) Make Up Air: 1700 CFM (48 CMM) 24" x 24" (6096 mm x 6096 mm) opening Clearances: 2 FT (6096 mm)Top and Sides; 3 FT (9144 mm) rear Hydraulic Loading Table The model US 700 Hydraulic Lifting/LoadingTable has a capacity of 700 lbs. and is standard equipment with the "Classic." Cremation, Equipment 370 S. North Lake Blvd., Suite 1004 Altamonte Springs, FL 32701 Ph: 321.282.7357 Fox: 321.282.7358 www.uscremationequipment.com E-mail: info@uscremationequipment.com h:1)..UU sc1ssor type j Zln op erator to 't ansfcr caske or �ntainers from vehicles; Drage leas and refrigeration ijt into acrernation chamber e .platform can be raised or weed with a niaxunum load in �ptoxitzitely IS seconds and the oess can be repeated tip to 40 times fo recharging: t Op controls on the handle. l and two swivel polyurethane casters vated safety brake larg with on- board I I0 V battery charger Cremation 1 quipment A 'know. of lac MODEL US 300PS PROCESSING STATION DIMENSIONS: 29 1/2" W x 55" H x 30" D WEIGHT: 300 LBS MOTOR: 1 1/2 hp 1725 RPM's ELECTRIC: 120 Volts, 60 Hz, Single phase, 30 Amp FILTER FAN: 1600 CFM FILTER SIZE: 16" X 16" X U. S. Cremation Equipment's Model US 300 PS Processing Station creates a safe work environment through a filtration system that recovers dust when transferring cremated remains from the cremator into the Processor and the processed cremated remains into a temporary container or permanent memorial urn. A stainless steel sorter tray allows for easy separation of ferrous metals from the cremated remains before depositing in the stainless steel processor drum. The drum is equipped with stainless steel blades driven by a 1 '/2 Hp motor. The drum lid provides a dust free seal and the entire reduction process takes less than 30 seconds. An exhaust system captures any air borne dust in easily replaced standard sized filters. Crem Eq Grainger Industrial Supply Page '1 of 2 GRAINGERa f1Jt Additional Info Direct Drive Venturi Exhaust Fans Steel frame has a baked -on charcoal gray polyester finish. See Index under "Shutters" and "Intake Guards" for recommended accessories. Fans are UL and C-UL Listed. Mount vertical or horizontal, except vertical only No. 3CWC4 Motors: totally enclosed Bali bearing Max. inlet/ambient temp.: 104 DegreeF Aluminum blades Commercial Units Stamped blades quietly deliver a high volume of air. Ideal for ventilating schools, offices, storage facilities, and light manufacturing assembly areas. Tech Specs Item: Exhaust Fan Type: Industrial/Commercial Direct Drive Propeller Dia. (In.): 18 CFM ft 0.000 -In. SP: 3348 CFM 0.125 -In. SP: 3125 CFM 0.250 -in. SP: 2876 CFM 0.375 -in. SP: 2570 Sones 0.125 -in. SP 5 Ft.: 21 Max. Ambient Temp. (F): 104 Voltage: 115/230 Hz: 60 Phase: 1 Motor HP: 1/3 Motor RPM: 1725 Motor Type: Split Phase Motor Enclosure: Totally Enclosed Air -Over Motor Insulation: Class A Bearing Type: Ball Full Load Amps: 6.0/2.8 Watts: 475 Height (In.): 22 Width (In.): 22 Max. Depth (In.): 13 7/16 Exhaust Fan,•18 In Exhaust Fan, Industrial /Commercial Direct Drive, Propeller Dia 18 In, 3348 CFM 0.000 -In SP, 0.125 -In SP 3125, 0.250 -In SP 2876, 21 Sones 0.125 -In SP 5 Ft., Max Ambient Temp 104 Deg F, Volts 115/230, 60 Hz, 1 Phase, Full Load Amps 6.0/2.8, Motor RPM 1725, 1/3 HP, Bearing Type Ball, Height 22 In, Width 22 In, Max Depth 13 7/16 In, Vertical or Horizontal Mounting Position, Frame Material Steel, Frame Finish Baked On Gray Polyester, Propeller Material Stamped Aluminum, Number of Blades 3 Grainger Item 3XK46 Price (ea.) $496.00 Brand DAYTON Mfr. Model 3XK46 Ship Qty. 1 Sell Qty. (Will -Call) 1 Ship Weight (lbs.) 51.0 Usually Ships Today Catalog Page No. 3702 Price shown may not reflect your price. Log in or register. Optional Accessories Fan Shutter, 181/2 In Item 1C744 Brand: DAYTON Usually Ships: Today Price (ea): $50.00 Shutter, Wall, 18 In Item 4C558 Brand: DAYTON Usually Ships: Today Price (ea): $52.75 Fan Shutter,18In, Beige Fiberglass Item 5C213 Brand: DAYTON Usually Ships: Today Price (ea): $89.55 Fan Guard, 18 In, Galvanized Steel Item 1 WBU1 Brand: DAYTON Usually Ships: Today printed December 16, 2009 Ig r1 i rnn n Grainger Industrial Supply Page 2 of 2 Venturi Clearance Dia. (In.): 20 Venturi Depth (In.): 2 3/16 Flange Width (In.): 1 Frame Material: Steel Frame Finish: Baked On Gray Polyester Propeller Material: Stamped Aluminum Number of Blades: 3 Mounting Position: Horizontal or Vertical Speed Control: No Agency Compliance: UL Listed and AMCA Licensed For Use With: General Ventilation Applications Aluminum Wall Shutter No.: 4C558 Fiberglass Wall Shutter No.: 5C213 Galvanized Wall Shutter No.: 1C744 Intake Guard No.: 6D583 Notes Restrictions Note: OSHA complying guards are required when a fan is installed within 8 R of floor, working level, or within reach of personnel. Review OSHA codes and UL standards. See index under Guards, Fan Dayton Electric Mfg. Co. certifies that the ventilators shown herein are licensed to bear the AMCA seal. The ratings shown are based on tests and procedures performed in accordance with AMCA Publication 211 and AMCA Publication 311 and comply with the requirements of the AMCA Certified Ratings Program. MSDS This item does not require a Material Safety Data Sheet (MSDS). Required Accessories There are currently no required accessories for this item. Price (ea): $125.85 Alternate Products Exhaust Fan, 20 In, 115/230 V, 3664 CFM Item 3XK42 Brand: DAYTON Usually Ships: Today Price (ea): $525.00 Fan, Venturi, 18 In, 115/230 V, 3231 CFM Item 3XK54 Brand: DAYTON Usually Ships: Today Price (ea): $562.50 Exhaust Fan, 18 In, 115 V, 3075 CFM Item 4C362 Brand: DAYTON Usually Ships: Today Price (ea): $405.50 Exhaust Fan D /D, 12 In, 115/230 V Item 3C WC2 Brand: DAYTON Usually Ships: Today Price (ea): $449.25 Repair Parts Repair Parts Information is available for this item. Proposal 46�C neon Vero Beat, Fl. 72N6 Otheo: (772) 562. 8363 -Fa (772) 2963104 Lkafa a CAC1614021 Proposal Submitted To: Phone: Date: Cox- Gifford- Seawinds 562 -2365 11 -12-09 Street: Job Nam: 1950 20 Street Sebastian City, State, zip: Job Location: lob Phone: FAX Vero Beath FL 32960 735 Fleming St 582 -0983 We hereby submit specifications and estimates for Installation of new Ice Kold Walk In Cooler 118'x10'6xT8 34' Door with 3 4 Body Rados (12 Body Cooler). Price includes installation of new cooler, manufacturing of body racks, material, parts, labor, start up and balance of system to factory specs. Price also includes 4 Year Extended Warranty for compressor. PLEASE NOTE: PRICE DOES NOT INCLUDE ELECTRICIAN. PLEASE NOTE: DEUVERY IS 4-6 WEEKS. WARRANTY: 4 YEARS COMPRESSOR 1 YEAR PARTS LABOR We propose humpy to Amish material and labor- oomplete In accordance with 'bays specifcations. for Ins Mum of: Fl sera ibeeseed her bemired Molten sad a.1 (Job Total: $18A00.00_) Payment to be made se IIows: SO %to start job SO% upon completion All material Is guaranteed to be as specified. AN work to be completed in a workmanlike meow according to standard practices. Any alteration or deviation *om above apsd&caYons b►whring cadre Doses wise be executed only upon *Alen orders, and will become en ems change. All agreements contingent sadden!' or delays beyond our control. Owner to ashy tire. tornado and other necessary insurance. Data of Acceptance Signature Authorized Signature: Acceptance of Proposal -The above prices, specifications, and Conditions are satisfactory are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. owl- -Ai °2 /J `Z u`si (Noe: This propoeai may wlthdravm over and Above the estimate, upon strikes, by us if not accepted within 41 days.) F AMA 12S-CF V-oo1 WC, R -404A, 60 He,1 411/14. 208W230 V Availat lity:Standard ?JS Wholesaler Mechanical Unit Behest (n): Unit iisnads (in/: Unit Width On): Ship Weighs (ibs): Condenser Type: Copes#p Water Sys: Receiver capacity pbs); Liquid Coxneetion Sine (ioYrype: Suction Ccnneetio n Size (irtylsipc. Discdtsrite Lim Size(itt): Wrier /Diet Water Outlet Oil Type 011 Recharge Amount i ozk Keene Date: Comprsssar: Performance Zito: Rakes Distributing Co., 0357. 1219/2009 31 -Msy -2002 R570C1E- PFV -101 x 1 3718 -5 0 5 10 15 20 25 16.2 240 111.4 124.0 Air NA ?!t F 7.4 S 31$ POE 24 Air Cooled Unit Performance 4,730 5,390 6,110 6<040 7.620 8,450 9,340 Electrical Nine ruse sip 15 1441n Clecvit Ampseity. 11.7 Compressor R$7OC IE-PFV -101 COtspralsor 4RA Low, Cute r LRA High: 34.2 Coutpressar LRA }wrr n8: Corepr r R.A: 7 0 [JE: Listed 1X Ski SA633 Guide Card rr Asps Fee Motor: Pan Motor Quantity: Rears Gas Temp. Subs:coiim (°F): Air Fbw Rata (C M). 10 Ambient Air ?neprraeerre 40 5 1070 latar csafeng- Thatem 103.9 101.5 1064 103,0 109.5 111.0 112.6 119 15.5 16.6 }8O 195 21.0 226 lustoties 24 1 F.Arl 4 PNrt riptioo 1 NO. f4PS Wirrnia t 1QO -1S5 503•510 .!.t.:iiillAt... 38Q MOM 1/6003 PSC IMO :.15ii1# A.d r' ?r 1- S ��e'31�1.'.rr,. 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Ti114 75402 1 01 Replacement Pmts k1ter cw�a.r hd,M.r» M :ght so uca. Right pans. ACrihr now :nterlinir is your link to a co nisitte line of dependable and certified cdrver/En ial refrigeration part; arXesso'es end ihnOYitlet et*Cttonit cOMeal, bar tlli Sohn Rgtbpn nr. At Worth* two provide out wholesalers w;th a cw+prstrarsive selection of product solutions and innovative tathoologies for tha #i+lFd cAthettat bow And *very product K eiaat to ensure the same nigh partoarwtte nandenta with which an HOMO Rehisteratoors Prockga ten brands are btalt racked Olt s dedkated ttam trJServe tv*rlr eustamer need dewing at t blur kRapt time in the Industry_ De perdkWaVersatile. C'xvteo Flnaky, One 9pUrCe fat iM your raoliscarneet nerds [rpm a name ycu an tryst. For midi pluia ton= I QO 68672 7$ O(V.%ii vhwateliniparticorn AJR 41 1 MUIOfIFI 3.l t !Alt 'I,� TAF r_rAr 't� nm l fK• 7 40111+1 I r1arMlUf 1EINt 04•4144rla+ rcerrotws roe Slade/Fan Guards Cablavat Ekedtic Deftest 44I OUT ARR• r4T ..rr T ''c x01 2 4. 14. .1071: U,C Table of Contents 2 Features Benefit's 3 Performance Data Specifications Ai r Defrost wavoaoasammaapps. ltetha•thit-th Woe TT vtnw 4.5 Elictric Defrost Hat Gas 414 Dimensional Data ID PlaCenlent Parts by fritert-lhkm ...Fri 0 Physical I Standard Sefealdri ..........•••••1.=•-••••••••-•-•••••••••••• ...•.1i....-4-•-•■••“••■......••••■•■• s Choose the most energy-efficient motor available for evaporators, Th e EC motor is an Energy Solutions` option on new Bohn Low 'Velocity Center Mount evaporators. Available on all new equipment or at an ekty- tagnstell, drop-in replacement afternothet part from intertirtit"' Commerdal Refrigeration Parts. Because they a thno-in repiacement for existing shaded pole and PSC motors, installation is quirk and easy. res a high lorpeae, quirts payback solution for reducing coos and achieving green initiatives without replacing the aware system. EC moron by InterUnt are tip to is efficittitt that's a 5 increase owl& ghadnd pole meters and a 3043% Inclose over perrettoent-splIt copooter rpm moors. Wlth aN °frills added efficiency, you can count ji on more eatergysevings luta Omer Opittetleeel cow while takirro a ei step k the rirint &tether+ toward conserving our planet's mounts. to kern more about EC motor s. visit www.itatertinkaarte.ctmerne. '..47 43 1 IP ill Non OillI Lisida4 Swipe WK= Bohn Low Velocity Center Mount, air defrost WI -v. Bohn Low Velocity Center MoUnt eiectdc defrost WKS= Sohn Low Velocity Center Mount, hot gat defrost 0 x RUH 15AtthR MET VERO PAGE el Electrical Cede A-a 115(640 'P a I 29it-2,30f1/60 AH.= 11541/60 EPSC) BH 204-230/1M (P50 At** 1is/1/60 NC) BE 208-130/1/60 IECI Onsign enehtion Wt ?y "Ida t commitment to (Worm/ ageda innovation and a min:kr/manta/ atewatthhtp and hew dadkauld ourselves to cielhetino .nor grmitiont chokes. PSC and tc noetun wi reduce rem. irrorerve the bottornlire and enhance eqthipment performance Ind savior We. 02001 Rewash attattowthon Prothrt5 !LC 1 1.4 Pot': M.titus Mfacii1 1 '1:60 311: l ;tu Amp, A1.att Arafat. /.Irl`. WKO 135 1.11 r OS 31c 1•g11y3•. PSC Mutur 0 .4i 1y:.:t. t a 111: 90 60 1 I.. f t15'1160 Amp'. 04 EC ►b i4':' SS N r E II I w 14 'Nadi': P !_4 160 1 110 r1 0 0 55( L SS 1WK100 4.2 270 2.2 270 1.1 188 1.0 130 1.4 110 1.0 110 j1 Pal 1: s )4 224 2.0 22tT 14 130 .120 110: to 1 T WM 55 270 2.2 270 1.4 180 14 180 LS 110 1.4 lei 13 4 4 4 IEEIIIIIIMI 1A 1T7 185 WIQ' 0 MIMI 548 *two ma 540 4A 4.4 548 33 3S0 2.0 1 360 3.6 220 2.0 220 544 S.S 360 1A 360 IA 220 220 WK340 3„j' 4.5 450 25 450 4.3 275 Model P$C P1nt1)+ a 111.! 1'50 I (1 A :1i» J1,yt 1'. a Amp. 80 0.4 :90 .'.It?. i .1if'1r14l Arvp. 11117:1111111311 1. C A1rIto1 Y, 35 I 1X4'1511 1 Ani 11M11111111111111 4 W.4U' 11131111 110 Mill so 0.4 1 WK100 160 0.4 160 110 r1 110 WIC1SS 1.7 160 111MM 160 11E111 110 1 1 mai* 111231111111121111 1.6 1M1114 SOD 1.4 320 MEM! 224 2.0 22tT 1111E3M .120 WK'14R IEEE 400 2.0 404 4.5 275 2.5 275 iLJ t7 •4J i IkJ 5 14: 3:t i Jw ?b; i usig Specifications toions W odli WK Ale t rust dr0► t#z model WK Air Dist 50 Hz 1 1 0 1 5 INDIAN RIVER STATE COLLEGE January 4, 2010 To whom it may concern; This letter is in support of the retail plant nursery "About Florida Native Plants" owned by Steven Philipson and located at 25 West Airport Drive in Sebastian, Florida. I am very pleased that the treasure coast area will be gaining another native plant nursery. There are so few and the need is great. I have been a horticulture instructor at Indian River State College for the past 19 years. One of the courses I teach deals with the identification and use of Florida native plants. I know firsthand how difficult it is purchase Florida native plants. I believe that native Florida plants play a vital role in Florida landscapes. Florida native plants are usually better adapted to Florida condition and can therefore reduce the need for pesticides or irrigation water. I am also pleased to learn that Donna Adamski will be managing the "About Florida Native Plants" nursery. Donna is a graduate of my program and a very capable individual. Sincerely, Ann McMullian, Ph.D. amcmulli@irsc.edu 772 336 6211 3209 Virginia Avenue Fort Pierce, Florida 34981 -5596 Ph: 1- 866 -792 -4772 www.irsc.edu Fort Pierce Okeechobee Port St. Lucie Stuart Vero Beach EXHIBIT 9 1 co 0. co Csi 0 C) Z o CO 13 t ,a C Q C LL a.. N .0 CO g rs A t+ 4020 L 1 4 1 JD R_' 1r J EXHIBIT 10 1 1