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Some bad ideas seem to never go away.  The company wanting to build a 970-foot communications tower on Cudjoe Key is offering a "settlement" to Monroe County, pending a decision in federal appeals court.  (The tower company has lost twice so far.)  The "settlement" they're offering?  That the county caves in and lets them build it.  At the 5/19 BOCC meeting referred to in this Key West Citizen article, commissioners tabled discussion of whether to discuss the proffered settlement.  It will likely be brought up in June or July, when the BOCC meets in Marathon and Key West, respectively.  Stay tuned.

Cudjoe Key tower plans resurface

BY TRAVIS JAMES TRITTEN

Citizen Staff Writer

A Massachusetts company is again pushing plans to build a 970-foot communications tower — roughly as tall as the Eiffel Tower — on Cudjoe Key.

The Industrial Communications and Electronics project was defeated in 2000 after resident outcry led the county to restrict all new towers to 330 feet.

But the company is still suing Monroe County in federal court over the situation, and says there are good reasons to accept a settlement allowing the controversial tower to be built as planned.

The U.S. Coast Guard will build its own towers in the Lower Keys — 1,500 feet tall and up to $10 million each, the company claims — if no space can be found on existing structures.

"Do we want a 1,500-foot tower instead of a 970-foot tower, and spent $10 million when you don't have to spend that?" said David Paul Horan, attorney for Industrial Communi-cations.

Horan also said the company's tower was supported by Key West police and the Monroe County Sheriff's Office because it would provide emergency communications during hurricanes.

Both the Coast Guard and the Sheriff's Office disputed Horan's justification for the tower.

"We have no plans for towers that high," said Lt. Sam Edwards, spokesman for the Coast Guard. "The normal height for towers we have built so far is 350 feet."

A 1,500-foot tower could cause a major blackout if it was felled, he said.

The Coast Guard is planning to revamp its nationwide communications network, including towers in the Keys, as part of the $611 million Rescue 21 program. The agency has hired a contractor that is surveying the Keys for tower plans, Edwards said.

The sheriff's office supported the Industrial Communications project when it was being developed years ago, but no longer has a use for the tower, said Deputy Becky Herrin, spokeswoman for the agency.

"We certainly did have some trouble at that time, but you have to remember we installed a whole new [communications] system for the city and the county," Herrin said.

Industrial Communications lost a bitter battle over the project in 2000.

Opponents who fear the tower would kill migrating songbirds and blight the view convinced the county to write new height restrictions that ban any new towers over 330 feet.

Dennis Henize and his wife, Tina, live about a half-mile from the old landfill property where the tower would be built. Henize was a major opponent of the project in 2000.

"The dang things are unsightly. It would be visible for quite some distance," Henize said. "I don't know many people that like living near communications towers."

He said the tower and its guide wires would be deadly to many birds.

The islands are a major corridor for migrating species of songbirds, said Casey Lott, staff ornithologist with Audubon of Florida.

"There is extensive evidence that lighted communication towers, especially tall ones, can kill huge numbers of birds during migration," Lott said.

Songbirds, such as warblers, sparrows and thrushes, are most at risk because they migrate at night and can be pushed to low altitudes by bad weather, he said.

The lights on towers disorient the birds, causing them to fly around the structures and collide with support wires, Lott said. The county's height ordinance sets most towers at 199 feet — anything taller is required to be lighted. Variances are available allowing towers to reach 330 feet.

"As many as 5,000 birds have been found under a single tower during a single event," Lott said.

Meanwhile, county commissioners will be asked today to put off further litigation with Industrial Communications until a settlement can be discussed. The company lost the most recent federal court decision and is appealing in the 11th Circuit Court of Appeals.

"The settlement is on the basis that we would build our tower," Horan said.

It is still uncertain how the county will react to such an offer.

"The county doesn't stand anywhere right now because we haven't had a chance to review the proposal," Growth Management Director Tim McGarry said.

Industrial Communications notified the county of its plans and invested significant time and money into the project before it was blocked by height restrictions.

The proposed tower site was an operating landfill and Industrial Communications spent nearly $1 million to purchase it, Horan said.

He said that the company also worked out a tower ordinance with county staff, granted a conservation easement allowing only a tower on the property and obtained state permission to place a tower anchor in wetlands.

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