Officer needs more time for cell tower decision

PALM-AIRE — The fate of a telecommunications tower in Palm-Aire now rests in the hands of a county hearing officer, but residents will not know the outcome of the debate within 21 days, as typically required.
Instead, hearing officer Hamilton “Chip” Rice Jr., a former county attorney and senior attorney with Lewis, Longman & Walker, has continued public hearing to 9 a.m., Jan. 12, 2011.

“There’s no way I can get through all this (in 21 days),” Rice said of the nearly 1,500 pages of documentation, including about 500 pages presented during public hearing Dec. 15. “This is very delicate and serious, and it has legal and certainly emotional value to the citizens of Palm-Aire and the county. It deserves the best (treatment we can give it).”

After the hearing, Rice will have 21 days to make a decision.

On behalf of cellular service provider T-Mobile, Vertex Development on Sept. 21, 2009, submitted an application to Manatee County to construct a 150-foot monopole telecommunications tower at 5625 Whitfield Ave., the existing location of a maintenance facility for the Palm-Aire Golf Course. Residents of Palm-Aire, led by Deborah Chapman, founder of Palm-Aire Homeowners Against the Tower, began fighting the proposal after Vertex held a community meeting at the Palm-Aire clubhouse Sept. 8 of that year. More than 1,000 signatures opposing the tower have been collected.

At the hearing, Chapman spoke on behalf of residents and submitted a detailed opposition report into the record, citing 24 specific land development code violations as reasons for denial.

“We see Mr. Rice’s decision to continue the hearing as a positive indication of his desire to thoroughly review the information and testimony, and to properly apply the new cell tower code provisions,” said Chapman, a T-Mobile subscriber. “We applaud any effort to ensure that this decision be based on the specific facts presented.  And we are quite confident that the facts are strongly in our favor, pointing to a denial of this tower application.”

Manatee County planners are recommending denial of the application, arguing a commercial use should not be allowed on that property, among other reasons.

However, Vertex’s attorneys argued the application does in fact meet all county code requirements and a cell tower is an appropriate use for the proposed site, which is frequented by golf course employees daily. The county received a petition with 117 signatures in favor of the tower.

“Hopefully, this tower will be going up behind my house,” resident Esther Halt said, adding her property values are tied to the country club, not the tower, among other issues. “I cannot fathom why people are fighting this.”

The Palm-Aire application is the first to be reviewed under the county’s new telecommunications ordinance adopted in February. The new code specifically directs cell tower companies to locate towers in residential areas only as a last resort.

Contact Pam Eubanks at [email protected].