Okaloosa County BOCC — September 3, 2013 — September 17 Regular Meeting — reading text

is a replacement for an existing 317-foot guy tower located at 4901 Nelson Point Road in Niceville which will be removed once the new tower is constructed and all antennas are re-installed on the new tower. The 100-foot by 100-foot tower lease area will be fenced and the perimeter will be landscaped. Mr. Kampert stated the Department of Economic Opportunity and the West Florida Regional Planning Council have reviewed the request and determined the replacement tower is not a substantial deviation pursuant to Section 380.06(19) (e)2.k, Florida Statutes. He advised the Federal Aviation Administration, Eglin Air Force Base, and the Aviation Advisory Committee do not have any objections to the proposed tower. The county's Public Safety Department has verified the State Law Enforcement Radio System (SLERS) is on the existing tower and it September 17, 2013 -6- Minute Book 70, Page 51 Okaloosa County Board of County Commissioners is an integral part of the county’s emergency communication system. The tower provides coverage to SLERS users in the Valparaiso, Niceville and Bluewater Bay areas. State users include the Florida Highway Patrol, Florida Fish & Wildlife Commission, and the Department of Transportation. Local users are fire districts which can respond in the Niceville, Valparaiso and Bluewater Bay areas (including South Walton and Walton Fire & Rescue); Emergency Medical Services; and Law Enforcement (Sheriff's Office, Niceville Police, Valparaiso Police, and Airport Police). Mr. Kampert reported a letter has been received from Bruce Myers, SLERS System Manager with the Department of Management Services, who states the tower site is critical for the Statewide Law Enforcement Radio System, as well as the Okaloosa subscribers. Any need to relocate or build a tower further to the north would adversely impact the radio coverage and the safety of law enforcement, public safety officials, and the general public. Mr. Kampert said he has worked with the applicant’‘s representative about other possible publicly-owned Sites in the coverage area. One is owned by the School Board and another is the Fred Gannon State Park. Both the School Board and park management said they were not interested. A county-owned site on White Point Road is outside of the coverage area. Continuing, Mr. Kampert reported staff has received several calls and emails about the proposed tower and they have met with adjacent property owners. Their main concerns are structural stability of the tower, safety of children who may be tempted to climb the tower and overall impact to the community. He advised that the Property Appraiser has corresponded via email and said they have not used proximity to a tower as a determining factor for assessing the values of adjacent properties. Upon inquiry by Mr. Amunds, Mr. Kampert stated the Bluewater Bay water tank is too short; it is only 187 feet in height. Mr. Kampert pointed out the existing tower is in a residential neighborhood. Ms. Lauralee Westine, attorney representing the applicant, stated the tower is essential to the EMS system. She said the current tower is in a residential neighborhood, noting the community grew up around it. The lease for the existing tower will expire in 2015. She said efforts were made to renegotiate with the owner of the current site but those have failed. Ms. September 17, 2013 -7- Minute Book 70, Page 592 Okaloosa County Board of County Commissioners Westine stated it is imperative to find another site and told the Board the tower can only be moved so far from the current location or it will not be able to “talk” to other towers. Ms. Westine stated they are not asking for a designated change but to allow the tower as a designated use on the parent tract. She reviewed a number of the exhibits attached to the request. Ms. Westine said they have no problem with designating a timeframe to remove the older guy tower. She noted there would be minimal traffic to the tower, the tower is designed to collapse on the parent tract, makes no noise, has no impact on sensitive land areas, and will not generate solid waste. Ms. Westine stated she has received letters of support from Nick Wiley, Executive Director of FWC, and Dan Dunlop, EMS. She advised the existing tower has supported 72% of the EMS calis. Ms. Westine also pointed out they did look at other possible sites but did not receive support from the School Board or the State Park. Other sites were too far away. Upon inguiry by Mr. Amunds, Ms. Westine stated they did not have a town hall meeting to discuss the tower site. Upon further inguiry by Mr. Amunds, Ms. Westine replied they are willing to schedule a meeting with area residents. Mr. Curt Jones, State of Florida Operations Manager for the Harris Corporation, said the Harris Corporation has a 20-year contract to maintain the State Law Enforcement Radio System. He explained the tower site in Niceville was selected twenty years ago. Moving the tower too far will create a hole in communications at the airport and Crestview. Ms. Westine repeated her agreement to meet with area residents and asked for support to move to the next step. This proposal must go before the Board of Adjustment, Planning Commission, and return to the Board of County Commissioners for final consideration. A number of individuals came forward to speak. They will be identified and their concerns briefly explained. Thaddeus Wallace, President of the Magnolia Forest Homeowners Association, wanted to clarify that no one is objecting to a cell tower for public safety communications. He said the residents are more concerned about the location. September 17, 2013 -8- Minute Book 70, Page 53 Okaloosa County Board of County Commissioners John and Agnes Kinney, Magnolia Forest Homeowners Association, presented petitions signed by residents opposing the proposed tower. Mrs. Kinney said they would be able to see the tower from their backyard. Mr. Kinney stated they only learned about the tower site when the signs were posted about the public hearing. He said they went through Bluewater Bay like Paul Revere spreading the word. Mrs. Kinney questioned how this company could request a change to the DRI. Mr. Jack Brooks, Lido Circle, questioned how the property values would not go down because of the tower. He said the proposed site has a swimming pool and is used for boat storage. Mr. Brooks stated those items can be hidden but you cannot landscape a 317-foot tower. When Mr. Brooks mentioned the School Board and State Park sites, Mr. Amunds said those entities can be approached just like this County Commission. Mr. Brooks said many of the residents feel like this was some backdoor process with little notification given to the public. Mr. Jerry Mallory, Royal Oak Villas Homeowners Association, said he is not the official representation of the HOA but a HOA board member. He told the Board the public hearing signs surprised them and asked if the package is available to the public. Mr. Amunds answered it is on the county’s website. Other questions posed by Mr. Mallory concerned an environmental impact study, the cost to county tenants, and the income that Crown Castle will have off the tower. Mr. Amunds advised the issue today is the location and not income from the tenants. Mr. Warren Clark, President of the Marina Cove Townhomes, said the plans for this tower have been in the works for about a year and a half and the property owners have only had a week and a half’s notice. He stated although Dan Laird of the State Parks may have said “no,” that does not mean the Park cannot be approached. Mr. Clark thanked the Board for the opportunity to speak. He also stated the restrictions in Bluewater Bay were well thought out and said if this company is allowed to get a variance, then in the future other companies could make the same request. Mr. Clark also presented a petition opposing the tower with 32 signatures. Mr. Greg Hill, Southminster Circle, said he has lived in Bluewater Bay for fifteen years and everything there is wonderful but better cell phone service is needed. He stated although the current cell tower is visible, those around it now September 17, 2013 -9- Minute Book 70, Page 54 Okaloosa County Board of County Commissioners do not give it a second thought. Mr. Hill said he is speaking for himself and others who want better cell phone coverage. Lieutenant Jericho with the Pensacola Office of the Florida Highway Patrol (FHP) spoke about the impact on FHP operations in Okaloosa and Walton Counties if there is a loss of SLERS service. Lieutenant Jericho addressed how loss of communication could affect emergency evacuations. He told the Board any consideration will be greatly appreciated by the FHP and the citizens they serve. Mr. David Sherry, Okaloosa Island, said he was not sworn in previously and asked Mr. Dowd to administer the oath. Mr. Sherry was of the opinion the Board probably cannot make everyone happy. He said EMS services are essential and a possible option for the Board to consider is eminent domain. Mr. Burt Highland, Bluewater Bay Marina Complex, said he did become involved when he learned Crown Castle was looking at moving the tower. He said that he spoke with Sheriff Larry Ashley, Undersheriff Don Adams, fire district representatives, Public Safety Director Dino Villani and validated what the applicant had said about the importance of the tower site. Mr. Highland stated he wanted to help and spoke with School Board representatives twice and with Senator Don Gaetz. Mr. Highland said his family lived under the existing tower for many years without a problem. He pointed out Senator Gaetz lives under the tower and a pro football played built a mansion near the tower. He stated no one likes change but was hopeful a balance could be found. Mr. Steve Hughes, Shadow Lane, said he moved to Bluewater Bay in 2005 and could see the tower from the back yard but it was no big issue. He stated service is needed and he thinks the new location is a perfect site. Mr. Hughes pointed out currently the guy wires for the existing tower come down between houses and he thinks it would be better if those were removed. Ms. Westine asked Mr. Jones to address the height requirement. Mr. Jones said 317 feet is needed. He said the towers are 30 miles apart and there is a limitation on the frequency permitted for public safety. Upon inquiry by Mr. Harris, Ms. Westine stated the tower site is 317 feet from the nearest property line and either 367 feet or September 17, 2013 _ -10- Minute Book 70, Page 55 Okaloosa County Board of County Commissioners 376 feet from the nearest structure. Two variances will be requested before the Board of Adjustment. The signs used for public hearing notification are pursuant to county requirements. She said nothing was done outside the normal process. Ms. Westine reiterated they are not asking for a designated change but approval of a permitted use. She said there will be minimal impact on the DRI. Ms. Westine stated what their tenants pay is confidential. She also said they will. continue to negotiate with the landowner of the current tower site. Ms. Westine explained negotiations with that property owner began a year ago but he would not accept an offer of twelve times the assessed property value. The timeframe to accomplish the tower relocation is by December 2015. Mr. Amunds recommended delaying a decision for two weeks to give the applicant an opportunity to meet with residents. Ms. Westine said as long as the other hearings scheduled before the BOA, Planning Commission, and final BCC meeting are not changed, she has no objections. She also requested an opportunity to check her calendar to see if she is available on October 1. Mr. Boyles asked for assistance in helping him understand how this tower would be an acceptable use in the Recreation designation. Ms. Westine replied the Bluewater Bay DRI has been