88-002356 Hollywood Hills Citizens Committee, Phyllis Briglio, Eugene Briglio, Mrs. Roy Thompson, And Erna L. Dahmen vs. Department Of Transportation And Memorial Hospital Status: Closed Recommended Order on Monday, September 12, 1988.

Summary: Neighbors' objection to licensure of helistop on 6th floor of Memorial Hospital in Hollywood failed to show hospital's proposal violated DOT rules.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HOLLYWOOD HILLS CITIZENS )

COMMITTEE, PHYLLIS BRIGLIO, )

EUGENE BRIGLIO, MRS. ROY )

THOMPSON, and ERNA L. DAHMEN, )

)

Petitioners, )

)

vs. ) CASE NO. 88-2356

)

STATE OF FLORIDA, DEPARTMENT )

OF TRANSPORTATION, and )

MEMORIAL HOSPITAL, )

)

Respondents. )

___________________________________)

RECOMMENDED ORDER

This case was heard on August 11, 1988, in Fort Lauderdale, Florida, by

William R. Dorsey, Jr., the Hearing Officer assigned by the Division of

Administrative Hearings. The Department of Transportation filed proposed

findings of fact and conclusions of law. The proposed findings of facts

submitted generally have been accepted. The proposed recommended order of South

Broward Hospital District was filed late. No proposed order was received from

the petitioners.

APPEARANCES

For Petitioner: Robert C. Worth, Chairman

Hollywood Hills Citizens Committee

3423 Garfield Street

Hollywood, Florida 33021

For Respondents: Clarke Walden, Esquire

General Counsel for

Memorial Hospital

Memorial Hospital, Suite 533

Hollywood, Florida 33021

and

Vernon L. Whittier, Jr., Esquire

Department of Transportation

Haydon Burns Building, Mail Station 58

605 Suwannee Street

Tallahassee, Florida 32399-0458

This proceeding challenges the issuance of Site Approval No. 88-06 by the

Department of Transportation, to the South Broward Hospital District. The

approval authorizes the establishment of an emergency helistop at Memorial

Hospital in Hollywood, Florida.

As required by Rule 14-60.005(8)(b)1.d., Florida Administrative Code, a

public meeting had been held on November 24, 1987, in Hollywood, Florida, by the

Department of Transportation, following issuance of the Department's Notice of

Intent to grant site approval. Following the meeting, the site approval order

issued and was challenged by petitioners under subsection 120.57(1), Florida

Statutes. Petitioners are owners of property located within 1,000 feet of the

proposed airport who opposed the approval of the helistop.

ISSUES

The issue is whether the application meets the standards found in Section

330.30, Florida Statutes, and Chapter 14-60, Florida Administrative Code. The

specific factual issues presented for resolution are:

a) Whether the site is adequate for the proposed

helistop.

b) Whether the proposed helistop will conform

to minimum standards of safety.

c) Whether safe air-traffic patterns could be

worked out for the proposed helistop and

for all existing airports and approved sites

in the vicinity.

FINDINGS OF FACT

1. Memorial Hospital is operated by the South Broward Hospital District,

an independent taxing authority created by Chapter 24415, Laws of Florida

(1947), to operate public health care facilities in south Broward County and to

serve the health care needs of residents of the district without regard to their

ability to pay.

2. The site of the proposed facility (known as "Memorial Hospital

Helistop") is a rectangular-shaped area on the top level of a six-floor parking

garage located on the west side of the hospital's property, near the emergency

room. The helistop is a landing site for air ambulances. The site will not be

used for regularly scheduled helicopter flights. The only landings will be

those associated with emergency transportation of patients or supplies to

Memorial Hospital. No basing facilities such as fueling facilities will be

provided.

3. The parking garage is owned by the hospital. Jay A. Burke, Jr., the

Director of Safety and Security, and Helistop Manager for Memorial Hospital,

filed an application for helistop site approval with the Department of

Transportation, on September 1, 1987. Zoning approval was granted by the City

of Hollywood, Florida, on July 1, 1987. An airspace determination for the

proposed site was obtained by letter from the FAA dated March 1, 1988.

4. A feasibility inspection of the site was made by Steve Kozman, District

IV Aviation Engineer, on September 16, 1987. He determined the site was

feasible for use as a helistop. Mr. Kozman conducted the public meeting on

November 24, 1987, and submitted a report dated December 18, 1987, to the Chief

of the Department of Transportation Aviation Bureau. The Kozman report

contained the following conclusions:

1. Many of the issues at the public hearing

were unrelated to the requirements of the

licensing law and cannot be affected by

either issuance or denial of site approval.

2. The elevated site as presented in drawings

and as viewed from the existing garage is

adequate for the proposed helistop.

3. The helistop, if constructed, can meet the

minimum standards of safety. Elevated

helistops at Naples Hospital and Good Samaritan

Hospital in West Palm Beach have been in

operation without incident.

4. Safe air traffic patterns can be decided

after receipt of FAA airspace determination.

No objections were received from nearby

airports or approved sites.

Mr. Kozman recommended, subject to FAA determination, that the helistop site

application be approved.

5. An evaluation report on the proposed emergency helistop prepared by an

aviation engineer was admitted in evidence. The 151' x 125' site on the 6th

level of the parking structure is adequate and will conform to the minimum

standards of safety. The area of the landing pad limits the size of helicopters

using it to 63' in length. The total live load factor of the proposed site is

94,000 pounds, which would be distributed on three wheels. The structure will

accommodate use by most single rotor helicopters, which are the type of

rotocraft used in life-flight operations. The site will not accommodate heavy

dual rotor military rotocraft, usually referred to as "Jolly Green Giant"

helicopters. The site also would meet the flight path requirements of Chapter

14-60, Florida Administrative Code. The proposal conforms with all published

minimum safety standards.

6. A Coast Guard flight surgeon testified that he would have no

reservation about flying into the proposed site on emergency missions. A Coast

Guard Officer, who has seventeen years experience flying helicopters, testified

he frequently flies rescue missions transporting victims to area hospitals. He

had inspected the proposed site and had viewed aerial photographs of the

proposed site and had no reservations about utilizing the helistop. The

proposed site is safe and has an adequate approach for landing in case of

rotocraft emergencies. The air traffic patterns at the site would not interfere

with adjacent airports utilizing the Fort Lauderdale control tower.

7. The Petitioners expressed concern about noise, diminished property

values and threats to safety of residents in the area resulting from the

helistop. Memorial Hospital is located near a residential neighborhood. Mrs.

Briglio agreed that emergency helicopter service was needed, but believed it

should be located some place else. Mr. Worth doubts that air ambulances are

safe. The evidence shows that the helistop will meet duly adopted safety

standards. Lay doubts about whether the standards are adequate, or will be

observed, cannot be reached in this hearing. Mr. Worth expressed concern about

the site approval permitting providing transportation of medical supplies. An

agreement between the City of Hollywood and the hospital as to helicopter

operations from the proposed site provides as follows:

1. That Memorial Hospital agrees that

helicopter transports into or from Memorial

Hospital between the hours of 10:00 p.m. and

8:00 a.m., will occur only when, in the opinion

of the helicopter transport personnel, the

flight is necessary to save the life or limb

of a patient or if medical intervention

available at Memorial is essential to prevent

permanent disability.

2. Routine helicopter transports into Memorial

during all other hours will not be restricted.

3. That Memorial Hospital will cooperate with

Hollywood Fire Department's EMS Division in its

monitoring of the provisions of this Agreement.

CONCLUSIONS OF LAW

8. The Division of Administrative Hearings has jurisdiction over the

parties and subject matter of this action, Section 120.57(1), Florida Statutes.

9. Section 330.30(1)(a), Florida Statutes (1987), authorizes the

Department of Transportation to issue site approvals for new airport sites in

Florida. A helistop is an airport within the contemplation of the statute.

Section 330.30(1)(a), Florida Statutes (1987), provides in part:

The department, after inspection of the

airport site, shall grant the site approval

if it is satisfied:

1. That the site is adequate for the proposed

airport;

2. That the proposed airport, if constructed

or established, will conform to minimum

standards of safety and will comply with

applicable county or municipal zoning

requirements;

3. That all nearby airports, municipalities,

and property owners have been notified and any

comments submitted by them have been given

adequate consideration; and

4. That safe air-traffic patterns can be

worked out for the proposed airport and for

all existing airports and approved airport

sites in its vicinity.

Rule 14-60.005(8)(a), Florida Administrative Code, is substantially identical.

10. Rule 14-60.007(6)(a), Florida Administrative Code, establishes minimum

standards for helistops. It provides in part:

(a) All categories of heliports and helistops

shall comply with the following:

1. A minimum primary surface area shall be

provided with length and width dimensions

equal to at least 1.5 times the overall

length of the largest helicopter intended to

use the facility; however, a primary surface

with 300 foot length and width or larger

shall be accepted as sufficient to accommodate

all helicopters.

2. Centered within the primary surface shall

be a minimum touch-down area with length and

width dimensions equal to the rotor diameter

of the largest helicopter intended to use the

facility; however, a touch-down area with 100

foot length and width dimensions or larger

centered within a 300 foot primary surface,

shall be sufficient to accommodate all

helicopters. Small touch-down areas, not

less than 20 feet in diameter, may be approved

for heliports/helistops located on man-made

structures.

3. There shall be a minimum of two (one for

limited or emergency helistops) 500 foot wide

approach/departure corridors with floor and

side planes as follows: the floor plane shall

provide an 8.1 obstruction clearance and shall

coincide in width with the required primary

surface width at the boundary and proceed

outward, flaring horizontally at a 10:1 rate

on both sides until it reaches 500 feet wide.

Where the floor plane is less than 500 feet

wide, the side planes extending out from the

floor plane or the primary surface shall

provide a 2:1 obstruction clearance out to

the required 500 foot corridor width. The two

approach/departure corridors shall be at

least 90 degrees apart in direction. Curved

approach/departure corridors with a minimum

radius of 700 feet are permissible but the

curved path shall not commence closer than

300 feet from the primary surface.

* * *

7. Helistops at or adjacent to licensed

hospitals shall require a helistop license,

but there shall be no fee connected with

such licensing of an emergency helistop

provided the helistop is used only for the

emergency loading of patients or supplies

at the hospital or ready alert for medical

assistance on call, and is not used for

routine transportation of any person to or

from the hospital.

11. The applicant, South Broward Hospital District, proved its entitlement

to the Site Approval Order. All requirements of the governing statute and rule

have been met. The proposed site had been inspected by the Department's

aviation engineer and found to be adequate. A public meeting about the

emergency helistop was noticed and conducted by the Department. Comments from

the participants were considered by the Department and a report with

recommendations were submitted to its Aviation Bureau. Local zoning approval

for the proposed site was obtained, as required by Sections 330.30(1)(a)2., and

330.35(1), Florida Statutes. FAA airspace approval was obtained. The study

performed by an experienced registered engineer shows that the site conforms to

the Department's minimum standards for emergency helistops and can accommodate

helicopters of the size normally used in emergency life saving flight

operations. Testimony by experienced helicopter pilots who have flown emergency

life flights shows that safe takeoffs and landings can be made at the proposed

emergency helistop.

12. Petitioners contended that the location of the proposed helistop will

have an adverse effect upon the value of their property. The granting or

denying of the site approval order must be based solely upon compliance with

applicable standards and rules for airport site approval. Cf. Council of Lower

Keys v. Charley Topino & Sons, Inc., 429 So.2d 67 (Fla. 3d DCA 1983) (State air

pollution permit may not be denied where applicant meets statutory and rule

standards but allegedly fails to comply with local zoning.) The only record

proof on zoning is that proper zoning has been obtained. The petitioners'

concerns were of a type properly addressed to the zoning authority, but since

zoning has been approved, this proceeding cannot be used as an appeal from that

municipal action. Noise impact is not a criterion for the State Department of

Transportation to consider under the site approval statute and rule. It has

been appropriately addressed in the agreement between the City and the hospital.

That agreement is consistent with the Site Approval Order in that transport of

medical supplies is provided for in the Department rules and the type of medical

supplies transported by emergency life flight helicopters are used for

emergencies. The Memorial Hospital helistop meets the requirements for a site

approval as provided in Section 330.30, Florida Statutes, and Rule 14-60.005,

Florida Administrative Code.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing

Officer recommends that a final order be entered by the Secretary of

Transportation finding that Site Approval Order No. 88-06 is valid and should

remain in full force and effect, having been issued in accordance with

applicable statutes and rules.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 12th day of

September 1988.

___________________________________

WILLIAM R. DORSEY, JR.

Hearing Officer

Division of Administrative Hearings

The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1050

[phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 12th of September, 1988.

COPIES FURNISHED:

Robert C. Worth, Chairman

Hollywood Hills Citizens

Committee

3423 Garfield Street

Tallahassee, Florida 33021

Mrs. Erna L. Dahmen

515 North Rainbow Drive

Hollywood, Florida 33021

Mr. Jay Burke, Jr.

Director Safety and

Security

Memorial Hospital

3501 Johnson Street

Hollywood, Florida 33021

Phyllis and Eugene Briglio

507 North Rainbow Drive

Hollywood, Florida 33021

Mrs. Roy Thompson

429 North Highland Drive

Hollywood, Florida 33021

Rivers Buford, Jr., Esquire

Department of Transportation

Haydon Burns Building, Mail Station 58

605 Suwannee Street

Tallahassee, Florida 32399-0458

Clarke Walden, General Counsel

Memorial Hospital

Suite 533

Hollywood, Florida 33021

Kaye N. Henderson, Secretary

Department of Transportation

605 Suwannee Street

Tallahassee, Florida 32399-0450

Thomas H. Bateman, III, Esquire

General Counsel

Department of Transportation

Haydon Burns Building, Mail Station 58

605 Suwannee Street

Tallahassee, Florida 32399-0458