Residents in rural eastern Collier County are abuzz following the Collier County Planning Commission's approval of a conditional use permit to construct a 350-foot communications tower in Big Cypress National Preserve. The unanimous 8-0 approval by the Planning Commission on Thursday, February 6 is to be followed by another public hearing with the Collier County Commissioners at 9:00 AM on March 25.
"In terms of ecotourism and cultural aesthetics of the area, we don’t feel the tower is a good fit,” said Jack Shealy, owner of Trail Lakes Campground, at the meeting.
Shealy’s grandfather of the same name, Jack Shealy, was the founder of the Ochopee Fire District in 1977, he said.
Ochopee Fire Control Station 66 is now part of Greater Naples Fire Rescue, located 28 miles east of Collier Boulevard and north of Everglades City, at 40808 Tamiami Trail East, Ochopee.
The Shealy family owns approximately 30 acres of commercial property adjacent to this approximate five-acre fire station lot.
Multiple generations of the Shealy family also reside on their property that is a campground, site of the Skunkape Headquarters, and the location where pole boat and other tours are booked for visitors exploring the Everglades. They were voted the No. 2 Roadside Attraction in the U.S. and No. 1 in Florida in 2024 in a USA Today Network reader poll.
“We generate a lot of tourism and tax dollars,” said Shealy. “We would be living right next to this tower,” he added, urging the Planning Commission to oppose the tower.
Shealy, also known for being the namesake of The Jack Shealy Band, was the only speaker opposed to the tower at the meeting Thursday. However, on social media, hundreds of people chimed in saying the location, which is in Big Cypress National Preserve and near the Indian Village of the Miccosukee Tribe of Indians of Florida, is the wrong place for a large cell tower for several reasons, including health risks and environmental concerns, among others.
Shealy noted the deed restrictions specify that the fire station property was deeded to restrict the land use only for fire suppression and that the cell tower does not qualify as such. Further, if the land is used for anything else, it is to be returned to the grantor, their heirs or assigns, Shealy said.
“We’ve deemed it legally sufficient to move forward,” advised County Attorney Derek Perry.
County, state, and federal officials said the tower would assist with public safety communications.
The genesis for constructing the new tower is to replace a current tower located farther west on State Road 29 and U.S. 41 across the street from a gas station. The federal government purchased that land from the county and the National Park Service is planning to redevelop the lot, demolishing the current tower without plans to reconstruct that tower, advised Ray Bellows, Collier County’s planning manager.
"To make up for that lost service the only viable location is that (fire station) property,” said Jeff Davidson of Davidson Engineering, which was hired by Collier County EMS to plan the tower project.
Deed restrictions do not apply now that the county owns the fire station, County attorneys advised the Planning Commission.
Connor Cardwell of Florida Highway Patrol spoke of the tower being in a system called SLERS, Statewide Law Enforcement Radio System, used by multiple agencies from South Naples to Everglades City through the Everglades and east toward Miami.
The Warranty Deed, dated February 15, 1977, signed by the then-property owner, Ester Davison, states that the land was a charitable contribution to Collier County. As Shealy noted, there is a paragraph stating: “This conveyance is made for the purpose of providing property to be used for fire protection and associated uses, and if the premises fail to be used for such purposes, or are ever used for any other purpose, then the land shall immediately revert to the Grantor, her heirs or assigns.”
The Planning Commission’s representative for District 1, which includes Ochopee, is Randy Sparrazza. He was the only member of the Planning Commission who spoke of the concern of the intent of that deed or legality of the tower’s construction. But Sparrazza still voted to approve the conditional use permit.
County Commissioner Rick LoCastro, also of District 1, who will review the matter with the full County Commission on March 25, referred media questions to Laura DeJohn. DeJohn is the contact for the project but was not immediately available as of press time Tuesday, February 11.
The National Park Service did not immediately respond to inquiries, including consideration of reconstructing the tower in its current location.
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