Rick's Blog

Daily Outtakes: Towering affront to public input to be toppled

Licensed under the Unsplash+ License

When I returned to Pensacola last weekend, I was delighted to see the Pensacola City Council had terminated the City’s lease with Divine Word Communications for a radio tower at the northern end of the Long Hollow stormwater basin. The North Hill Preservation Board and Inweekly had fought to have the non-conforming tower removed in 2015 but failed to get Mayor Ashton Hayward to listen.

It’s a tale of a city administrator who covered up the legal issues with the radio tower built in a vital conservation district, city staff who knew the code violation but were shut down from telling the council and public, and the administrator’s replacement threatening a citizen who tried to find out the facts about the tower’s mysteriously sudden erection.

THE COVERUP: In 2012, Divine Word requested City Administrator Bill Reynolds work on a variance for a new radio tower because it was in a conservation district where such structures were not allowed. Had a variance or Future Land Use Plan amendment been proposed, the Pensacola City Council would have held public hearings.

FEAR FOR JOB: City employees feared losing their jobs if they voiced publicly the clear violations of the City’s Comprehensive Plan and Land Development Code.

Long after the Council’s approval vote, a former city planner came forward and said the heads of Inspections and Planning Services laughed about the illegality of allowing a radio to be built in a conservation district. However, the planning services administrator refused to point it out to the City Council, especially after her boss, Reynolds, recommended approval.

UNPERMITED DEMOLTION AND CONSTRUCTION: Inweekly had to fight to get any documents regarding the radio tower.

We found construction without permits, lack of insurance, differing statements to different government agencies, lease violations and a host of discrepancies.

The city issued the building permit for the larger radio tower in 2014, but the contractor didn’t do it because the owner wasn’t ready to commence construction. However, Divine Word hired another contractor to start the work without city inspections.

THREATS: North Hill Preservation Board president Melanie Nichols tried to gather more information from city staff about the tower and when its new building permit would be issued.

Olson then tried to ban city employees from responding to emails from those who used official government email accounts. Thanks to our intervention, the state attorney’s office made him rescind the order.

POWER ABUSED: The city never issued a new building permit. Instead, the contractor was given a “Repair to Code” permit, blessing the new contractor’s construction of the new tower. The public never had a chance to voice its concerns in a public meeting.

Nichols and Inweekly continued to question the tower’s nonconforming use. We had a video of the tower being dismantled without a city inspection, which interrupted its operation while the new one was erected. However, City Attorney Lysia Bowling rendered an opinion that Divine Word’s radio tower’s nonconforming use was a lawful nonconforming use and structure because its use had continued uninterrupted since the original tower was built in 1974.


Ultimately, Divine Word refused to act divinely and hired Ed Fleming to threaten the Pensacola City Council with a lawsuit. The tower was allowed to stand.

Melanie Nichols will be my guest on WCOA’s “Real News with Rick Outzen” at 7:45 a.m. today.

Photo Licensed under the Unsplash+ License

Exit mobile version