Pensacola City Council Executive Donald Kraher was tasked by the City Council in November to research the Long Hollow radio tower. He will present his findings at a council workshop this afternoon.
To help with his investigation, Kraher sent a series of questions to City Administrator Eric Olson (Staff questions re Long Hollow Tower ) and to Divine Word owner Gene Church and his attorney Ed Fleming – Long Hollow Tower – Inquiries to Mr. Church.
Olson did not respond to questions and only provided the information he gave the City Council in November. Neither Church nor Fleming responded.
There are three sections of Kraher’s Powerpoint presentation that may be of special interest to the residents of North Hill and the surrounding neighborhoods. Powerpoint
Discrepancies:
1. Timing of tower installation
a. What City was told vs. FCC/FAA filings
2. Insurance – At a minimum there may be a lapse between August of 2013 and either April of 2014 or September of 2014 – Certificate shows insured dates of 4/14 – 4/15 with a Certificate issuance date of Sept 2014.
3. Permits / Inspections
a. New Communication Shed
b. Demolition of old Tower
c. Fencing
d. Tower installer and installation inspection (186’ -9-12-14) (400’ 3.13.15)
e. Engineered to 350’ – what is height of tower
4. Height – FCC / FAA told 400 ft. City approved plans for 350’ – according to Radio-Locator.com – W277CC-FM (103.3 FM) has translator at 119 M ( 390 ft)
5. Subletting – per Lease – a question of legal interpretation. It appears that three (3) stations that operate from the tower
WDWR – 1230 AM
W246BN – 97.1 FM (Omni Broadcasting)
W277CC – 103.3 FM
Conclusions:
The following are a few questions that need clarification: – Based on FAA/FCC filings:
1. What construction company built the first 186’ of tower? Based on what plans & was it permitted and inspected?
2. What construction company built the remainder of the tower to either 350’ or 400’. Was it permitted and inspected?
3 Who poured the concrete base for the Communications Structure and who put it up? Based on what plans? Was it permitted and inspected?
4. Was the building of a NEW tower
a. Permitted in a Conservation Zone
b. Consistent with the LDC
c. Consistent with non-conforming use
d. If the comm. Building creates a larger footprint, is that allowable within this district
Long Hollow Tower – Inquiries to Mr. Church5. In 2012 was the City Council provided with all pertinent information regarding the erection of a new tower, the location, the height, possible increased footprint, in order to make an informed decision.
6. In 2012 was Council notified that the City owned the tower, and that an option was to not renew the lease, remove the tower and return the land to the Conservation District.
7. Has Insurance been maintained throughout
8. Was there a zoning change to allow for a new 400 Foot tower
9. Who knew what, what did they know, when did they know it and was that information provided to the City Council
Options:
Moving forward, the City Council has a number of options – among them:
1. Request a full investigation in accordance with City Charter, including Subpoena authority. To review the process, etc.
2. Request review/inquiry/investigation by the FCC and FAA
3. Seek legal opinions for those questions that are questions of law.
4. Seek technical opinions for those matters that are a question of a technical nature
5. Seek further clarification regarding the stormwater retention issue
6. Leave things are they are.