Commissioners Nix Communications Tower

Plans for a huge tower in Big Cypress National Preserve were nixed on Tuesday through the influence of a large group of citizens.

Collier County Commission voted unanimously, 5-0, on Tuesday to deny a proposed 360-foot tall communications tower at the Ochopee fire station on U.S. 41 following public comments made by Indigenous, Gladesmen, and Everglades’ visitors during the meeting. 

“Because people are genuinely concerned about the Everglades, and they’re concerned especially when they see a lack of transparency everybody was really compelled,” said David Shealy, of Skunkape Research Headquarters in Ochopee. 

The Shealy family lives adjacent to the proposed site and operates Trail Lakes Campground. The presence of Indigenous families living even closer to the proposed cell tower site and speaking against the tower during the meeting seemed to also have great influence on the Commission.

“It was like a force of nature, like a hurricane,” Shealy said of the impact of the speakers. “It was nice to see people of all walks of life with different interests. I’m just overwhelmingly happy. It’s unbelievable how well things went,” Shealy said following the vote. 

The Commission had nearly approved the idea, citing the need for the tower in emergency service communications, through the consent agenda just weeks prior— meaning they weren’t even going to discuss it. But Jack Shealy of the Jack Shealy Band, David’s son, lives with his wife and children and multiple generations of the family on land adjacent to the proposed tower, which increased from an estimated 350 feet to 360 feet tall since the meeting prior. 

Shealy noted that the tower would violate deed restrictions on the property gifted to Collier County by the Shealy’s neighbor of the time, Ester Davison, in 1977. The Warranty Deed specifically states that the property can only be used for fire suppression and that any other use would require the property be returned to the family or their heirs. The County staff's response was to then sue to remove the deed restrictions. 

“How dare they threaten to sue the people who deeded them the land,” exclaimed Jessica Namath, a frequent visitor to Big Cypress National Preserve and the Everglades. 

“For as willing to listen as they seemed at the meeting, you’d think they’d realize how counterproductive that kind of behavior is when trying to work together with a community,” said Namath.

Prior to public comment, the Commission spoke about delaying the vote on Tuesday. Collier County Commissioner Bill McDaniel, who received a planned call from his mother wishing him a happy birthday in the midst of the tower discussion, initially motioned to delay the decision, seeking other potential locations and encouraging the county attorneys to look into suing to release the deed restrictions. 

“It would be my wish, it would make me happy if we discontinued utilization of this site and explore other locations,” McDaniel said. However, he motioned to delay it instead until hearing public comment. Then, Commissioner Burt Saunders suggested the tower location be denied, and McDaniel made the motion to deny it, getting approval from the whole Commission. 

The change in direction came as Miccosukee, Seminole, and people of the Independent Traditional Seminole Nation, accompanied by the international American Indigenous Movement, as well as other residents, filled the room and attended the online Zoom meeting in clear opposition to the tower proposal. The cell tower would be within 300 to 400 feet of Indigenous families’ homes, causing known and unknown health, environmental, and cultural harm, speakers said. The Miccosukee Tribe and their attorney also sent a letter to Collier County on Friday, March 21, stating their concerns for the traditional Miccosukee village approximately 300 feet from the proposed site. 

Big Cypress Enabling Legislation of 1974 states that members of the Seminole and Miccosukee Tribes shall be permitted to continue their customary use of federal lands within the Preserve. 

The need for a new tower comes following the National Park Service plans to demolish the current communications tower at U.S. 41 and State Road 29 in Carnestown to make way for a new welcome center. The National Park Service has not returned calls or emails from this reporter regarding details of those plans. 

Speakers encouraged the NPS to retain the current tower in Carnestown and if it cannot be kept, build one on federal land elsewhere, such as a nearby junkyard used by the National Park Service.

“This is the only Everglades in the world,” said Jen Hammer Cardenas of Naples. “People come to expect a pristine place, picturesque and unspoiled,” Cardenas said. 

She and others said they were dismayed that county planners said the 360-foot tower would blend into the background over time. 

Joe Alger of Marco Island said he was against the towers completely, including the atrocity of a tower in the center of Everglades City. 

“I was born on the trail,” said Gary Wilcox. “I took my first breath in this world there, and I can tell you that every time I come out there and see the beautiful trees, the water and the animals, I’m at home,” said Wilcox, whose tribe is Indigenous to Virginia, he said. 

First, reach out to Florida’s Indigenous people, the Miccosukee, the Seminole, and the Independents, who came here first, and listen to them, he urged the Commission. 

Wilcox’s comments and that of more than 30 other registered speakers were heard as the Commission made their vote against the tower at the site in Ochopee.

Several attendees said happy birthday to McDaniel and Commissioner Rick LoCastro while also giving thanks for the Commission's decision to oppose the tower near homes in the rural town of Ochopee. 

“I appreciate and acknowledge the Commissioners being open-minded to the situation and changing their direction,” said David Shealy.