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JACKSON: Mr. Chair, before the motion for action, can I speak to the notification issue? <br />RAFFIPIY: Go ahead, please. <br />JACKSON: So, so we have an affidavit that was provided by AT&T's representative, and the <br />affidavit was notarized, which is required for an affidavit because it's a sworn oath, and it says <br />that they notified everybody on this list. That's the landowners within 500 feet of this hearing on <br />January 22nd, by mail. <br />RAFFIPIY: Thank you. <br />KALAUKOA (from audience): Jose didn't get one. He lives right across the street. <br />RAFFIPIY: Mr. Tomlinson. Can you come up here? I'd like to ask you one question. Did you <br />receive the Planning Director's background and recommendation reports? <br />TOMLINSON: I did. <br />RAFFIPIY: Do you agree with the Director's recommendation and its conditions of approval? <br />TOMLINSON: Yes. <br />RAFFIPIY: Do you have any further comments about those? <br />TOMLINSON: No. <br />RAFFIPIY: Thank you. That's all. Can I get a motion from the Commission please, for action? <br />CLARKSON: I'll make a motion. I move that the application for Use Permit Docket No. 19- <br />00082 be approved based on the Planning Director's recommendation, which shall be adopted. <br />AU: I second. <br />RAFFIPIY: It is moved and second that the motion be adopted. Discussion? <br />REPLOGLE: I have a question, and I just heard this. So, we denied an application for a cell <br />tower based on the falling radius of the tower, and I was led to believe most recently that we <br />couldn't do that, but that the court did uphold that denial. Am I correct? <br />HALL: Yeah, the Third Circuit Court upheld it, yeah. <br />REPLOGLE: Okay, and this man here, I'm sorry, I don't remember your name, in the plaid <br />jacket said he's <br />KALAUKOA (from audience): A hundred fifty feet away. <br />EXHIBIT D <br />19 <br />