HomeMy WebLinkAbout2020-03-05 Exh B New Cingular dba AT&T USE 19-081WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
MARCH 5, 2020
A regularly advertised hearing on the application of NEW LINGULAR WIRELESS PCS,
LLC DBA AT&T MOBILITY (USE 19-000081) was called to order at 9:37 a.m. in the County
of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman
Thomas Raffipiy presiding.
COMMISSIONERS PRESENT: Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Donn Dela
Cruz, Thomas Raffipiy, John Replogle.
ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel
for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija
Jackson (Planner), Alex Roy (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley
(Commission Secretary).
And 30 members from the public in attendance.
APPLICANT: NEW LINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE
19-000081)
Continued hearing on an application for a Use Permit to allow the construction of a non -manned
telecommunication facility consisting of a 180 -foot tall monopole and related equipment within a
2,500 -square foot portion of a 9.65 -acre property situated in the County's Agricultural zoning
district. The subject property is located north of Kua`aina Road, approximately 0.5 miles from
the intersection with Volcano Road (Highway 11), Kea`au, Puna, Hawaii, TMK: (3) 1-7-
031:031.
RAFFIPIY: With that, we're going to move into our next item on the agenda. It's a new
applicantoh, it's a continued hearing on an application for the Use Permit to allow the
construction of a non -manned telecommunication facility consisting of a 180 -foot tall monopole,
and with that, we'll have Jessica, will be doing the presentation.
ANDREWS: Thank you, Chair. I'm going to jump forward in this presentation to essentially
cover the actions, the information since the previous hearing, so I will not go through, back
through the entire presentation again in the interest of time. So, I apologize, I'm going to
actually scroll through to the slide.
So, I'm just going to summarize the actions that were taken since February 6h, 2020. On
February 101h, notification of the March hearing date was mailed to surrounding property owners.
On February 1 Ph, the Applicant relocated the public notification sign to subject property
boundary at the nearest public road. An affidavit was provided to the Planning Department on 2-
24-20. On February 21 ", a letter of support from Fire Chief Darren Rosario, the Hawaii County
Fire Department, was received by the Planning Department. On February 26, ownership of the
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access road, called Iwasaki Village Road, was verified as stated on Real Property Tax records.
The deed was obtained from Hawaii State Bureau of Conveyances. On February 271h, a letter of
support from Police Chief Paul K. Ferreira, Hawaii County Police Department was received by
the Planning Department. On March 3rd, a letter of response to written public testimony
provided to Planning Department by Andrew Tomlinson, and on March 4h, there was written
testimony by Kamehameha Schools received by the Planning Department. And, this is the one
extra site map slide that I'll show, and it shows the new location here of the public notice sign
that was posted on February I I1h, 2020. And, that summarizes the new actions. Any questions?
TAMASHIRO (from audience): I got a question.
RAFFIPIY: Do we have any questions from the Commission?
AU: Yes, I have a question. Has Kamehameha Schools responded at all since the last meeting?
ANDREWS: Yeah, so there was a letter of written testimony.
ELLWOOD (from audience): It's in the paper today.
AU: Okay, I got it.
ANDREWS: On March 3rd
AU: Okay, I have it.
ANDREWS: And it was, it was just recently provided by Kamehameha Schools, and it's in your
information.
RAFFIPIY: Any other questions from the Commission? Okay, thank you. Can we have the
TAMASHIRO (from audience): —Can I ask—can I ask a question?
RAFFIPIY: Wait until we have public testimony, please. Can I have the rep or—please come
forward. Please raise your right hands. Do you swear or affirm to tell the truth on this matter
now before the Planning Commission?
TOMLINSON: Yes.
NOVAK: Yes.
RAFFIPIY: Okay, please go ahead and state your name and your relationship to the project and
proceed with your presentation.
TOMLINSON: Good morning, Chair and Commission. My name is Andrew Tomlinson. I'm
with J5 Infrastructure, and we are representing AT&T in this Use Permit application—um—
[brief
pplicationum[brief interruption of cell phone ringing in the audience] the—since the previous hearing, there
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were some questions, we were at the previous hearing, and there were some questions
concerning a few issues that we wanted to address as opposed to just going through the entire
testimony again. But, there were concerns about public notification, and I just wanted to
reiterate to the Commission that public notification was provided by mail, and that was verified
by staff, in addition to concerns about the placement of the sign. We moved the sign as Jessica
showed a map of the new location.
In addition, I wanted to reiterate that telecommunications infrastructure build -out is a defined
need in the Hawaii County Planning and Puna Community Development Plans, because there
were some questions about the desirability of having a telecommunication facility in the district.
So, I just wanted to point out that the general plans actually call for more development of
telecom facilities.
And, in terms of notification, there was some concern I heard about that renters were not
notified, and pursuant to Code, we are required to notify property owners and people listed in the
Real Property Tax which is what we followed, but I just wanted to clarify that for the
Commission.
So, in terms of there was also a question about the access road called Loop Road, and as Jessica
pointed out, it was, it's owned by Richard and Yvette Umiat, who are the landlords for the
proposed tower. So, that Loop Road and a portion of Kua`aina Road is owned by the proposing
landlords for the, for the project, and I've included a map and additional information in my
testimony.
So, also in the previous hearing we had, there were many concerns about health issues brought
up, and AT&T builds and maintains all sites and antennas in accordance with FCC guidelines for
human health exposure to radio frequency fields. The energy from the antennas on cell sites
decreases with distance. As a result, ground level exposure is much lower than if a person were
very close to the antenna and the main beam. The FCC's RF exposure guidelines recommend
the maximum permissible exposure level to the general public of approximately 580 microwatts
per square centimeter. This is many times this is many times greater than RF levels typically
found near the base of the cell sites in the vicinity of other low -powered cell site transmitters.
The proposed site will operate at levels much lower than FCC limits for RF exposure.
In addition, there are various independent sources that confirm this. The American Cancer
Society affirms the FCC's conclusion, and I'm quoting, "At ground level near typical cellular
base stations, the amount of RF energy is thousands of times less than [the] limits for safe
exposure set by the [ US Federal Communication Commission] (FCC) and other regulatory
authorities." The American Cancer Society also states it is very "unlikely" for an individual to
be exposed to excess RF levels just by being close to a cell site. Most, according to the
American Cancer Society, it confirms that most scientists believe that cell sites and antennas are
unlikely to cause cancer or result in health problems, and I've provided the American Cancer
Society information for your review.
In addition, the World Health Organization also confirms that RF emissions diminish rapidly
with distance citing studies having not, citing studies that there is no correlation between
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exposure to RF emissions and base stations and increased risk of cancer or adverse long-term
health.
And, then lastly, the State of Hawaii Department of Health and Hazard Evaluation and
Emergency and Response Office and indoor radiological health branch also concludes that, and
I'm quoting, "The current body of scientific evidence does not show an association with cell
phone use or living near cell towers with [and] cancer. While studies specifically about living
near towers are few, RF energy exposure from your personal cell phone is significantly higher
than from living in close proximity to [a] cell tower and large studies do not show an association
of heavy cell phone use and cancer" also. So, this is, this is world-wide, independent
verification, World Health Organization as well as our own Department of Health.
So, all of this is provided to you in your packets, and I know I don't need to remind the
Commission, but I know you are aware that health cannot, health concerns cannot be used as a
determining factor for the Use Permit per the 1996 Telecom[ Telecomunications] Act. And, I
also wanted to point out that the claim of the potential drop in property values due to health
concerns can also not also be included, so if people are concerned that the property values are
going to decrease due to health concerns, that also is included in that assessment.
MEDEIROS-GARCIA (from audience): So, why wouldn't the FCC update the information
since 1996?
HALL: Excuse me, order.
RAFFIPIY: Please let's maintain order, please.
ROMERO (from audience): [Inaudible] already.
RAFFIPIY: Thank you. Please proceed, Mr. Tomlinson.
TOMLINSON: Okay
AUDIENCE MEMBER: [Inaudible]
TOMLINSON: Also, there is no, in terms of property values, there is no definitive evidence
showing a correlation between cellular tower development and a drop in property values. In a
2018 study done by Valbridge Property Advisors completed, they completed market studies in
Boston, Dallas, Phoenix, and Raleigh, North Carolina to determine the impact of the presence of
wireless communication towers and residential property values. Home sale values demonstrated
no measurable difference for homes within a .25 -mile radius sphere of influence of the cell
tower, and those homes a half mile to a mile radius away. So, basically, there was no correlation
with being a close neighbor to a cell tower with diminished property values.
ELLWOOD (from audience): What about under half a mile? Cause that's what we are.
HALL: Order.
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RAFFIPIY: Let's maintain order in the audience, please.
ELLWOOD (from audience): He skipped a part of it. He skipped the under half a mile.
TOMLINSON: So, in addition, I'm aware, I read the testimony from the Kamehameha Schools.
Kamehameha Schools is approxalmost a quarter of a mile away from this facility, and they
were previously notified of the, of the hearing, the previous hearing, and the development of this
project, and AT&T would be happy to speak with them further and have a public outreach with
them, you know, as a condition of approval for the project. We're always happy to have
dialogue and
AUDIENCE MEMBER (from audience): —For the parents of the kids [inaudible]
HALL: Go ahead [directed to Mr. Tomlinson].
RAFFIPIY: Let's maintain order, please.
TOMLINSON: —Yeah, and also I'd like to point out that Kamehameha Schools is an active
landlord hosting many, many, many cellular telecommunication facilities throughout the State—
ELLWOOD (from audience): [Inaudible] put it on their property
RAFFIPIY: I gotta remind the public, please let's maintain order so we can get through this as
efficiently as we can. Thank you.
TOMLINSON: And, then, lastly, there was some concern about compliance and monitoring
regulation of the facility, and I just want to remind the Commissioners its only application that
the proposed facility is regulated by the FCC and is in full compliance with the National
Environmental Policy Act, and which requires a cultural survey of which we got concurrence of
a "no effect" from the State Historic Preservation Division. We did biological surveys, and
we've included potential best management practices for dealing with pueo, nesting pueo, bats,
and any other natural resources that may be affected. We would be participating in a survey,
hiring a survey[or] prior to construction to make sure we would mitigate any effects. Plus, we
won't be cutting any trees over 15 feet which are basically following the guidelines of the Fish &
Wildlife Service and DLNR.
And, I think, lastly and most importantly, I wanted to bring up again that this is a FirstNet site,
and to reiterate, what FirstNet is, it's a—sorry I'm going to go back to my notes—FirstNet is a
Federal program that AT&T is the contractor for across the country. It was developed out of the
9-11 Commission and is designed to create a network for first responders to have complete
coverage during times of emergency for their cellular communications. It was vitally they
identified it as a vitally important aspect of their work.
So, the FirstNet program entails actual firefighters, policemen, getting phones that work on the
AT&T network, and they have their own band, in the 700 band, that provides them preemptive
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coverage no matter what. So, and I wanted to point out the letter of support from the Hawai i
County Fire Department and "The department is dependent on the use of cellular technology in
our current world and it's increasing world of technology [of increasing technology]. Cellular
technology allows department Paramedics and Fire Officers to effectively communicate with
medical doctors and our partnering agencies in an efficient manner." So, what they are
deploying on FirstNet is they are going out with tablets and other applications so that they can do
telemedicine in the field. So, for in an area like Kurtistown and there is an emergency, a
paramedic can show up and they can actually have real time communication over the FirstNet
network with a hospital and doctors. So, it's bringing a lot of technology into first response.
The "HCFD is a vested recipient of the build out FirstNet, a broadband network dedicated to
public safety. The fact that Hawai` i is the first to roll [this] out speaks volumes to the readiness
of AT&T to provide the service to Hawai` Island. FirstNet allows our department priority and
preemption while on FirstNet, thereby securing optimum emergency response by increasing
optimum communication among our first responders. However, the efficient use of cellular
technology such as FirstNet is subject to effective cellular coverage. Unfortunately, cellular
coverage on Hawaii Island is not optimal [optimum], leaving critical gaps which creates voids
in service [critical catchment areas void of effective service]. The HCFD is in full support of the
proposed sites at Kurtistown and the following site in Hawaiian Paradise Park [in HPP and
Kurtistown]. Completing these cell towers" and I'm quoting "will only further strengthen the
FirstNet broadband for all emergency [services] providers but also strengthen the general
public's ability to communicate emergency needs. In the interest of increased safety to the
members of my department, other public safety employees, and our communities, I ask for your
support of the applications filed for the two new cell tower sites."
And with that, I'll take questions.
AU: Mr. Chair, I have a question.
RAFFIPIY: Go ahead, Mr. Au.
AU: So, Mr. Tomlinson. I want to hear your response to the official Kamehameha School's
letter from the school's Community Engagement & Resources Group. What are your comments
on that letter? I know we, it's dated the fourth, was yesterday. We the Planning Department
received it yesterday at 3:30 [3:35] at the end of the day. So, I'm assuming you guys just
received it, so what are your comments?
TOMLINSON: As you point out, I actually got it this morning. We were able to take a look at
it, and what I can see is that Kamehameha Schools is not opposing or supporting the
development of this site, but that they are looking for more information that they can base their, I
guess, you know, their operations on. And, what I'd say is, is we're going to be located, the
tower is about a quarter a mile away from the closest building on campus, which is quite a
distance, and from a health concern standpoint, the radiofrequency, the power will greatly
diminish over a quarter of a mile. In fact, the power diminishes from 15 feet from the antenna,
so we're talking a quarter of a mile.
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But, in addition, like I mentioned earlier, AT&T would be happy to speak with, with
Kamehameha Schools. In fact, we do speak with them often about telecommunication facilities.
It's, they're, like I mentioned before, they are an active participant in telecom here locally. So,
that's what Idoes that answer your question?
AU: All right, thank you. Really quick, Jessica? Could you bring up that picture just so we can
see where the tower is in regards to the neighborhood and Kamehameha Schools. SoI don't
have a question. I just want to look at that picture.
ANDREWS: I think this might be the best map showing the aerial photograph.
AU: Do you have one that shows Kam [Kamehameha] School? I thought I saw one on the map.
It shows it in our Background.
ANDREWS: Yes, I'm going back to it.
AU: Okay.
ANDREWS: I have a location map. Sorry, there we go.
ELLWOOD (from audience): [Inaudible].
AU: Okay, I have no question. I just wanted to see that picture.
RAFFIPIY: Any other questions?
CLARKSON: Mr. Chair, I have a question.
RAFFIPIY: Go ahead, Mr. Clarkson.
CLARKSON: So, I'm just curious. For the FirstNet towers, are they constructed any differently
than a regular cell tower? Do they have more significant back-up power? Are they more robust?
Or are they basically just an ordinary cell tower as would normally be constructed except with
this separate radiofrequency for the first responders?
TOMLINSON: Yes, for the most part. AT&T is contracted under various specifications, so they
could have minor, minor configuration differences, but in general, what it does is it provides the
equipment for that band. And, it's only AT&T that's going to be able, that provides this.
And, in terms of—yes, it has back-up generators, and the back-up generators, because there was
concern about potential of noise, the back-up generators run inside an enclosed building with an
air conditioning unit, which is, runs at about 60 decibels, and the closest resident to our ground
space would be about 250 feet away, and decibels, I guess, they attenuate, they attenuate every,
you know, double the distance. So, it'd probably be about 50 decibels by the time, you know,
you are at a residence, which is less than how we are speaking right now in terms of noise.
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CLARKSON: And, then one other question. The height of the tower is 180 feet?
TOMLINSON: Correct.
CLARKSON: And, is that, the base of the tower closer than a 180 feet anywhere to a property
line?
TOMLINSON: No.
CLARKSON: The owner's property line, no?
TOMLINSON: Correct, yeah.
CLARKSON: So, if—the maximum fall radius is well within this property that you're leasing?
TOMLINSON: Correct, correct.
CLARKSON: Thank you.
RAFFIPIY: Do you have any other questions? All right, thank you very much. We have 15
people signed up to testify. Again, before we move into this public testimony, I'd like to remind
everybody that we're going to try to limit, try and limit your testimony to three minutes, and also
I would like to request that you testify for yourself. If you have any other written testimony for
other people, if you can submit that and let that speak for itself, and you just, you know, speak
for yourself and testify. With that, we're going to move into our public testimony. I'd like to
call up following people to come forth. We have Chad Ha`a or Chad Ha, Gene Tamashiro,
Ryoko Osako, and Dwight Vicente.
HA`A: Good morning.
RAFFIPIY: Hold on, please. Let me have everybody sit down. I have to swear everybody in,
and we can begin. All right—Mr. Tamashiro, we're going to start.
TAMASHIRO: Yes, sir.
RAFFIPIY: Thank you, sir. Okay, now please raise your right hand. Do you swear or affirm to
tell the truth on this matter now before the Planning Commission?
TAMASHIRO: So, help me God.
HA`A/OSAKO: Yes.
VICENTE: [No response.]
RAFFIPIY: All right. We're going to start from far left, my far left to your far right and going
this way, please. State your name, where you live, and proceed. Thank you.
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VICENTE: Good morning, again. My name is Dwight Vicente representing the Hawaiian
Kingdom. I live in Waiakea Uka. They cited Federal law which is limited to Article I, Section2,
Clause 3 of the US Constitution in the 13 states, and if any, if it goes beyond that, it's Article IV,
Section 3, Clause 1 and 2 which is limited to the Ohio River Valley. They applied the Northwest
Ordinance to this Kingdom in eighteen ninety -1875, with the Reciprocity Treaty that King
Kalakaua and the US President did not sign. So, anytime you cite the Federal law, it does not
apply here.
The Hawaiian Homes was created under the Northwest Ordinance of 1787. That's why you have
the blood quantum and the public trust doctrine and the homestead program, and they go under
planned developments, so your jurisdiction, if you have any, would be limited to the Hawaiian
Homes or the ceded land, 1,750,000 acres that was illegally ceded in 1898 by the banana
Republic of Hawaii to the United States and incorporated under Article IV, Section 3, Clause 2
of the US Constitution.
So, as I stated earlier, you're in the wrong location. You should be up at this meeting should
be held at the Prince Kuhio Plaza, and your jurisdiction is limited to the Hawaiian Homes
program, planned development. This subject property is outside. It was not ceded in 1898, so
the State Land Use Commission, the this Planning Commission, all do not have jurisdiction
over this subject property. And, the same goes for Federal law and State law, because the State
of Hawaii, too, is also, and the County is limited to the Hawaiian Homes Commission.
So, with this, I'll end with the reservation of the rights of this Kingdom. Thank you.
RAFFIPIY: Thank you very much, Mr. Vicente. If you can speak directly into the mic, please.
Thank you, sir.
HA`A: All right. Good morning. My name is Chad Ha`a. I am a sovereign Hawaiian, and I
come now to assert my bloodline heirship title to the Crown Lands. My great, great, great
grandfather is Kauikeaouli, Kamehameha III. He is the author of the Declaration of Rights 1839
and the foundation of lawful governments in Hawaii Nei.
Now these lands are not ceded, okay? They've been lawful—unlawfully seized for 127 years by
the occupying power, the United States corporation. The County and State of Hawaii do not
have lawful title or jurisdiction over these lands. You people have never produced lawful
evidence andoh, man, you guys is, sorry but I choking up, I don't know what to say about this
kind of stuff. Okay, the County and the State of Hawaii, you guys don't have lawful title or
jurisdiction over these lands. You people have never produced lawful evidence to proof such a
claim. So, come forward in honor and cease and desist from criminal behavior.
AUDIENCE MEMBER: Ae.
HA`A: You know, yes, I am the descendant of Kauikeaouli, and this `aina belong to my family.
Hawaiians have undivided interest under the Creator's law as codified like the Hawaiian
Kingdom, Ko Hawaii Pae `Rina. You cannot make rules for `aina that you don't own. Stop
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breaking the law. You can have your minutes, sistah, I'm done. [Referring to Ms. Hall's sign on
time left to test.] God bless you guys.
RAFFIPIY: Mahalo, Mr. Ha'a.
TAMASHIRO: You did a good job [to Mr. Ha'a]. Aloha and good morning, everybody. Thank
you for coming. I'm Gene Tamashiro. I'm a sovereign Hawaiian. I'm lawful in our own
country, Hawaiian Kingdom Ko Hawaii Pae 'Rina in continuity, and so I'm going to testify two
times so three minutes now and three minutes later. In the second testimony, we're going to
deliver a notification of default, but first of all, I want to show you, at least from my perspective
how much due diligence in the law has already occurred and how much truth and law we the
people stand on, okay? So, I brought some books that are relevant to law proceedings. I brought
the The Law of Nations. I brought Kahana: How the Land was Lost, was taken. I brought
Black's Law Dictionary, 7h Edition. So, if you want to make claims and use words, we can go
to that to clarify our terms and what we really mean, and I also brought the Uniform Commercial
Code, okay? Cause, yeah, we're operating in commerce, and people will often wonder what
does it mean? Commerce? And, I brought some Maxims of Law that apply to any contra
controversy on any soil, okay? All of world commerce now functions under and is thoroughly
entrenched in the UCC, Uniform Commercial Code.
Okay, let's define "commerce." Any and all interchange between people including but not
limited by the activity normally associated with the term, the buying and selling, trading of
goods and services, social intercourse, sexual intercourse is the original meaning of commerce
—
I didn't know that. All law is contract, and in every interchange between people, a contract is
formed. All commerce is contract. A timeless and universal maxim of law, contract makes the
law. So, here are some maxims of commercea workman, any man is worthy of his hire.
Number 2, all are equal under the law. Number 3, in commerce as in contract, truth is sovereign.
Number 4, truth is expressed by means of an affidavit. Put your claim in writing, autograph it,
stand in honor. That's how truth is expressed. An unrebutted affidavit stands as truth in
commerce. If I make a claim, I put my autograph, I come, I show up, other people show up, and
nobody responds, well, that's an unrebutted claim, and an unrebutted affidavit stands as truth in
commerce.
Number 6. An unrebutted affidavit becomes the judgment in a contract or commerce. A matter
must be expressed to be resolved. So, we're expressing our concern. We're putting it in writing.
You got no authority to do that, but I'm working with you. [Referring to Ms. Hall's sign
regarding time limitfor testimony.] Okay, so he who leaves the field of battle, and we're not
leaving, because this is a fight for our life. It's a fight for our covenant with the Creator, okay?
And, we're all keiki o ka 'aina under Ke Akua, God.
RAFFIPIY: Mr. Tamashiro, please start wrapping up, please.
TAMASHIRO: Yeah.
RAFFIPIY: Thank you, mahalo.
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10
TAMASHIRO: I got, I got three more minutes down the road, too. Thank you. Sacrifice is the
measure of credibility, and a lien or claim, and we got liens now because you guys don't
respond, and I'll read the notice of default on the next time around. The lien or claim can be
satisfied only through rebuttal by a counter -affidavit point for point, a resolution by a lawful
jury, or payment. I will wrap my little section up right now. This is some things that you guys
contracted with the Federal corporation which became a corporation in 1871, District of
Columbia. Your own justice department, your justice memo shows US never legally annexed
Hawai` i, and, especially if you're going to carry a weapon and you pledged an oath to serve and
protect in the law and the truth, pay attention, okay? This justice memo was sent to the State
department, and this was sent in 1988, excuse me, Sunday March 12'', 2000, is when this article
came out. So, we have so much forensic evidence, and I don't know why you guys—I'll talk to
you, right [to Chair Rafpiy]? I don't know why everybody keeps pretending that two plus two
is five, because it harms the land, it harms the health, it harms the safety and integrity of
everybody. If you remove our right to substantive due process, which has been removed, if you
remove our right to full disclosure, you broke contract, and in law, what is law? And, here's the
last one I'm going to read for now. What is law? I often wanted to know. Law, the rules or
body of rules defining who alleges possession of what right, and authority for using deadly force,
violence against another. If we possess the law, and you guys don't come forward with evidence
to contradict to prove we're wrong, then we possess the law, and that means, if violence happens,
it's not in our hands, okay? And, I don't want it to happen, but you keep standing down on your
honor. You keep perjuring your oath, and I love you for this, cause we was all born in this.
Somebody gotta come forward and say, "I don't know what to do cause I don't have a treaty."
And, then we came forward, yeah? Otherwise, we will continue to be here, and that tower is not
going up. Thank you.
RAFFIPIY: Mahalo, Mr. Tamashiro.
OSAKO: [Greeting in Hindi] Good morning. I am coming here as divine mother Ryoko, and
I'm going to invoke a prayer. So, I would like everybody to hold their Creator in their
visualization and in their heart, okay? [Recitation in Hindi, then silence for approximately two
minutes and 15 seconds.]
RAFFIPIY: You may start wrapping up your testimony, ma'am.
OSAKO: [Silence for approximately IS seconds.] Healing blessings to all. [Recitation in
Hindi. ]
RAFFIPIY: Thank you very much. Do you have any questions [to Commission]? Can I have
the next four? I have Kaui Paleka-Kama, Jose Romero, Prescott Ellwood, and Jaerick Medeiros-
Garcia. Thank you very much. Can you please raise your right hands? Do you swear or affirm
to tell the truth on this matter before the Planning Commission?
TESTIFIERS: I do/yes.
RAFFIPIY: All right, we'll start from your—well, she has the mic first, so we'll start from your
left going to right. Please state your name, where you live, and proceed with your testimony.
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PALEKA-KAMA: Aloha mai kakou. My name is Kaui Paleka-Kama, and I live right on the
access road. I'm a lessee of record and did not receive notice. The County Code, Chapter 25,
Use Permits require special attention to ensure there are no substantial adverse impacts on the
surrounding community, and the special attention in this situation, if they are going to access via
where they initially put the sign but then had to put it on an actual public road, old plantation
camp roads were initially big paths. And, when the plantation closed and workers got the land,
they never create one community association. Big paths belong to the property owners, and
everyone does their part in their area to maintain the road in lieu of a road maintenance fee. So, I
question the vague reference to a deed of the access road. They may own the road at the access
point only in this situation, but no way they own the whole road.
So, they need permission from the other owners of the road! And, you going tell by the
testifying, they don't have it. The General Plan directs that public utilities, or in this case, the
cell tower, shall—not may, shall—complement the adjacent agriculture and residential areas and
minimize noise disturbance. I live right at that corner. The acoustics in that area are wonderful.
I can hear the `io at night. I can hear even when they are in the pasture just talking. A beautiful
place, the scene, everything.
So, there is no way they can really minimize the noise impact. That consistent humming going
be amplified, and in the General Plan, the one and only, and I don't know if that's good or bad,
specific standard for cell towers in the General Plan dictates that the scenic views and vistas
again shall be considered and preserved where possible.
So, I told you a little bit about the area, the animals, and specialness of the place, and you will
hear the other impacts, the adverse impacts on the scenery, on the environment, on the potential
health, on the noise, but it has already impacted the community socially. Mr. Umiat has been
asking one of the neighborhood boys why everybody upset. So, he might not be aware of all the
impacts, and he get right to do what he like on his property, but not at the expense of potentially
harming others.
So, it doesn't look like it meets the criteria based on the special issue of the community and the
GP, and the adverse impacts on the vista, privacy, environment, noise, health, and social impacts.
Mahalo for my time.
RAFFIPIY: Mahalo.
AU: Mr. Chair, I've got a quick question for the testifier.
HALL: After.
AU: Okay.
RAFFIPIY: Let them finish up, please. Thank you.
EXHIBIT B
12
ROMERO: Aloha, my name is Jose Romero. I live in HPP. I'm currently fighting a cell tower
that's trying to be placed in front of my house, too. I'll start by saying that I'm not a fool, and
I'm not a scientist either, but I've experienced things, such as like I experienced in the military
that have brought change to my body, and that's only gotta be due to radiation and the exposure
I've received during my deployments. So, when you come at me, and you tell me that health is
not an issue, it is clearly an issue. My skin has, my whole body has got a change, so, you know,
this this companies where the World Health Organization whatever, they're owned by cell
tower companies and stuff like that. Like that's what I found, you research. It's, it's just, it's,
it's ludicrous, man, you know. If you, can you put the coverage, can you go for the coverage
can I see the coverage there, please? [To Ms. Andrews.] Of the current cell towers. Is there—
HALL: Jessica
RAFFIPIY: Jessica, can you show that, please?
ROMERO: Okay, look at that. Every single one of those devices is transmitting radiation
pollution. Pollution people! Are we going to blanket ourselves in pollution, huh? Can we learn
from our past? Can we learn from chemicals? One more—it's, it's, it's ludicrous! It's not even
about bringing signal, it's just going to create a whole radiation, and people infected, and the
next thing you know, you guys are going to be the ones responsible for this. You can take your
minutes, too. I'm done.
RAFFIPIY: Mahalo.
MEDEIRO S -GARCIA: Mahalo, everybody. Thank you for being here today, Commissioners.
I appreciate all you guys giving us a chance to voice our voices. It is pretty crazyI'm Jaerick
Medeiros-Garcia from Pepe`eke6. I've been dealing with this issue, cell towers, in my
community, and it's just as much real. It is real. Humming in homes is real. It's like, it gets
irritating. Some people think it's somebody working in their garage with the compressor on all
night long. The later it gets, the louder it gets, yeah? Some people even change their roofs,
aluminum roof. That doesn't help. Doesn't help. For, to hear this gentleman talk about the FCC
monitoring and regulation, there is no public records. They do not monitor and regulate. That's
a lie. That's just to say to make you guys feel that they are being regulated and monitored.
They're not. They're not. To hear him say, oh, scientists said this, scientists they say this,
scientists they say that, then why didn't the FCC update the information since 1996? Talk about
that. There is research and studies done. There is proof that it's cancerous. You guys can't
make your decisions off of health issues, but the integrity of this community is that it's an
agricultural community, okay? I look at the revised ordinance and all this did, the zonings. This
zone, these people probably bought their homes because the zone does not include the towers.
Keeping their families safe from problems. Not only health problems, but other problems.
Agriculture places, my farm, my trees are being damaged because why? It's not being
monitored or regulated and that's for real. It kills off the bees for the farms. That's the most
important thing, the bees. That's how we get our food, our produce. Keep in mind what you
guys heard from AT&T today was false claims. And, plus, this network thing, don't need it.
What you going do? Perform surgery in the field? I doubt it. Our first responders, they're doing
a hell of a job. Didn't we all get one notice when the bomb was coming? We sure did, right?
EXHIBIT B
13
That's the only emergency we need. And, if you get AT&T and it's not working, let me tell you
something, Verizon work. Thank you.
ELLWOOD: Thank you, my name is Prescott Ellwood. Please note the newspaper article this
morning stating that Kamehameha Schools wants further review. This is before approval, okay?
Don't approve this and then review it. That's insanity. Let's review, let's review it first.
I'd just like to say that 5G will be on the tower for sure as stated otherwise by Mr. Tomlinson
last time, and why the owner himself of the property told me that, and my wife.
The FCC will soon come to the end of its reign, and I'd like to hand these out, articles recently
about the FCC on another issue, but they don't listen to the public. They are not part of the
public domain. Your job here is to listen to the public and do what's best for the public, not
what's best for the FCC and AT&T, okay? They are bought and paid for. They are part of the
establishment that had a purpose in the past in 1996 but no longer does. In 1996, we needed a
few cell towers. We needed to put `em up fast for our public safety. That is not the case
anymore. This project will serve, I guarantee you, as a landmark case, and possibly set a
precedence for cell towers throughout the nation. I intend to take it that far.
Kamehameha Schools, they are up in the air. Their students and teachers, when I contacted them
weeks ago, knew nothing about this. The information, of course, had been sent to Land &
Assets, and Land & Assets did not object. The students, they were uninformed. The teachers, a
few of `em know. They're all afraid to talk about it. You know, you lose your job you bring up
a bad subject politically. It's ridiculous. The situation is crazy.
So, I'm going to get right to the meat and potatoes of this. My situation is as follows. We have
an applicant that has applied for a larger permit that encompasses two pieces of property, right?
He doesn't own both those pieces of property. This is a fatally flawed application. Others have
made the claim as we all do in the camp that we own the road, and I believe we do, and we'll get
to the bottom of that eventually through a title search costing almost $10,000. Can you imagine
these people getting together $10,000 to defend this? Okay, so you're putting us in a very
precarious position in our neighborhood. We've been presented with this mailed out to us. It's a
limited picture of what's going on. This is the big picture. There are 70 households involved.
Hundreds, maybe thousands of people daily. You can see Kamehameha's swimming pool. I
provided you with this in your packet. The application has been proposed without the
permission of one of the owners who is listed on Real Property, and on that alone, I ask that this
whole application be denied and dismissed immediately. I'll ask the Chairman today to look to
his people and see if there is a motion for this. There is a second owner on the road. The road
goes all the way around the camp and then continues up what used to be Kua`aina Road and is
now private. I have an additional three minutes from Byron Mathews. [Directed to Ms. Hall's
sign indicating that Mr. Ellwood's time to testes was up.] The
RAFFIPIY: —Sir, I'm going to let Byron Mathews speak for himself if you can.
ELLWOOD: Is Byron here?
EXHIBIT B
14
RAFFIPIY: When his time comes up.
ELLWOOD: Okay, that's fine. I'll step down at that point, but I'm asking you to look around
and see if there is a motion to dismiss because this petitioner, this applicant is trying to use the
property of another without their permission. There's a second owner on the camp road. It's
listed on the website. Your requirement. Where is their permission? This is insane. You're
gonna, you're gonna issue a permit on someone else's property without their permission? So, on
that, I'll again go to the Chairman and look around please if you might for anybody that would
motion to dismiss this on these grounds today. I will ask for a legal opinion from the
Corporation Counsel now.
RAFFIPIY: Yeah, please, again, at this time, just address all questions to me, and at this time
I
ELLWOOD: —Well, she's a public servant. I think she works for us, doesn't she? Not just
you.
RAFFIPIY: She actually, she is here to advise me on this matter over here. Thank you.
ELLWOOD: That's right, we're paying her salary. All right, I'm not quite finished. I have
many, many more grounds. I hope that you will take the time to read all of this and consider the
actions. What we have here is a situation where water and flooding or flooding all the way down
through the camp and pooling right where they want to put this thing, okay, and the road boxes
in the water. If they're gonna improve this road and bring big ass trucks down here, we are
gonna have a big flood in the camp, and the camp is full of cesspools. The camp has no modern
drainage facilities whatsoever. We've already had an eco -disaster. I can show you video proof
which, of course, I am not entitled to put on the screen as the Applicant is, but my video proof
shows the lane flood and the camp under four feet of water. It's very susceptible. I have footage
from this week's rain showing massive lakes on the, exactly where the site is and following that.
The road that surrounds it, the water flows over it, carrying all the stuff, all the drainage out of
the camp. If you mess with that road, it's going to back up. It's going to flood the camp.
You're going to ruin all their houses with contamination of stuff from their cesspools. If you
give me just one more second, I'll cover the endangered species that are on our area.
RAFFIPIY: I'll give you, I'll give you ten seconds, sir. It's already past six minutes
ELLWOOD: Endangered species live in our area. They nest and the information is in here
have video proof, okay? There are laws that supersede what you are doing here today that
protect these animals.
RAFFIPIY: Thank you very much.
ELLWOOD: Thank you everybody for listening, and please take into account all my written
testimony. I did not get a chance to say everything.
RAFFIPIY: Thank you very much. Commissioner Au?
EXHIBIT B
15
AU: Yes, I have a question for the first testifier. What was your name, ma'am?
PALEKA-KAMA: Kam.
AU: Kaui, so you are a you mentioned that you live right in the corner. Is that your house
with the blue roof? I'm looking at Mr. Ellwood's
PALEKA-KAMA: —Blue roof?
AU: picture, and I see a blue roof.
PALEKA-KAMA: IsorryI
HALL: Try show her
PALEKA-KAMA: I don't think it's blue. No, my house is green, and I'm right at the corner.
My living room window looks right at the access point
AU: Ok
PALEKA-KAMA: And in addition, saw the, know the floodingI'm right there. Know the
noise.
AU: Okay, I've got two questions for you.
PALEKA-KAMA: Aw, shucks.
AU: They're not hard. So, the first question is you mentioned that there is no association, and
you mentioned that because of the plantation days, can you reiterate that? The reason why there
was no association?
PALEKA-KAMA: So, plantation camps were actually initially communal housing type
situations so it at one point, three houses would share one benjo. Aw, so cute, everybody
nodding `cause you guys old enough to remember, yeah? And, so, these roads were paths. Over
time, they look like, they just became big paths, but when, and many of you know also, the
effects of when the plantation when shut down, and the effects it had on property owners at
Kua`aina, so where I said, that all the owners have ownership, right, care in lieu of an association
fee, because back then when they, you know, the owners, the workers came in took ownership,
the neva create a community association in this private subdivision on its private access, and so
the contention that I raised was, ok, he may own the part of the road at the access point, but no
can own the whole road.
AU: Okay, thank you. Second question, actually it was my first question, what was your last
name again? How do you spell it?
EXHIBIT B
16
PALEKA-KAMA: Paleka-Kama.
AU: P, starts with a P. So, I'm just looking to see if you were notified.
PALEKA-KAMA: No.
AU: You know, you mentioned that you weren't notified?
PALEKA-KAMA: No, the way I found out was initially they wen put the sign, yeah, the sign on
the non-public road and then with the [inaudible] of the other people, I got a copy of what AT&T
acquisition department sent. You know, I going just add. You know the application, and
because this is special use, you know the, I don't even see where the application addresses not
only the construction but what about the deconstruction. Like we just going let this pole stand in
the yard till the thing fall down? Whose kuleana going be? Especially in this kind variance use
of that zone. And, no worry Mr. Umiat, we going heal from this.
AU: Okay, ma'am, thank you very much. You answered my question. That's all, Mr. Chair.
RAFFIPIY: Thank you very much, appreciate it. We'll call up the next testifiers. We have
Melonie Lucero, Edelyn Ellwood, Sariah Evans, and Byron Mathews. Please raise your right
hands. Do you swear or affirm to tell the truth on this matter now before the Planning
Commission?
TESTIFIERS: Yes/I do.
RAFFIPIY: All right, we're going to start from right going to left. Please state your name,
speak directly in the microphone, where you live, and please proceed.
LUCERO: My name is Melonie Lucero, a resident in the area of the proposed monopole by
New Cingular Wireless, AT&T Mobility. My family has been living in our home since the
1960's when my grandparents built the home. My children are the third generation in this home,
and I strongly oppose the construction and installation of cell towers and other wireless facilities
including but not limited to the antennas, smart cells, mini cells, and other neighbors—in our
neighborhood near schools, parks, churches, and homes and other community gathering places.
I'm opposed to the plans to install cell antennas and association equipment at the TMK No. (3)
1-7-031:031, and on any other utility pole and other location in Kea`au and adjacent
neighborhoods. This site is nestled within our home radius, and as would anybody else, this is
where we habitat for safety. This would be directly in front of, within dangerous radius of
where, as a community, we sleep, eat, and care for our children.
Furthermore, I am opposed to any of AT&T's further plans for additional sites in our
neighborhood within miles of our home. By placing cell towers in neighborhoods that are
causing irreparable damage to our health, which I understand is a subject that cannot be entirely
addressed, but the future of our children and even our property values, residents of Hawai` i
should be able to buy and build with confidence that responsible planning and zoning will adhere
EXHIBIT B
17
to in Hawaii. Approving a conditional use permit to erect a cell tower in a residential
neighborhood is in direct betrayal of that trust.
My position—my opposition in the current site is based on the following concerns related to
having cell towers and antennas, smart cell phones, mini towers, and other derivative of cellular
communication installed or instrument in the purpose of transmitting signals within dangerous
radius of homes and our neighborhood community spaces. The health risk is something that,
again, we can only touch so much. And, being pushed along, of course, I will submit this letter
to you folks as well. There's negative impacts on the residents as well as health concerns which
I mentioned, but the close proximity to our neighborhoods, especially within Kea`au. I mean,
wireless companies require maintenance for these things, 24 hours a day, 365 days a year.
They're gonna bring trucks and crews and forklifts and radios and lights and noise, and these
things will affect the neighborhood. It's going to impact our property values even though this is
a conversation I hear go back and forth again. Statistically, when you do research, it says 5 to 20
percent. That's what the internet says and, you know, can't believe everything on the internet.
But, as to our Council Members and the Senator of District 5, I'm asking you to support us in
preventing the cell phone installation with, and with any future wireless installations near our
homes, our parks. This is not just about AT&T. I'm not picking on any one cell phone
company. We all have cell phones, and we all live in an age where we need these things, but at
the same time, there are health concerns. There are other concerns that is important to the
community, and I thank you for your time.
RAFFIPIY: Thank you very much.
E. COBILE ELLWOOD: Good morning, my name is Edelyn Cobile Ellwood. I'm a property
owner at 17-4148 Kua`aina Road. So, I'm nervous, but this is really a thing I feel passionate
about. I oppose approval of this permit and am asking you to reject this permit application. I am
a long-term property owner presently living near the proposed monopole site. I've owned the
property for over 20 years. Doesn't that count for something? We obtained over 250 signatures
in a very short amount of time, and this petition is asking the Hawaii County Planning
Commission to reject the permit. Signatures are from property owners, residents, and concerned
citizens, and we are gaining a larger network of support every single day. The saying, "Your
enemy's enemy is your friend" holds true as citizens are tired of this type of disregard for
communities and human life. We grow stronger every day, and we are relentless.
I would also like to submit written testimonies which actually I have from two neighbors who are
not able to make it to today's hearing. One of them is extremely sensitive to frequencies and
high-pitched noises and was quoted in today's paper. Please read it. By the way, the paper,
fortunately Mike said we had 20 neighbors or 20—we're not, and he knows that that was
incorrect just so you know.
Cell towers are aesthetically ugly and unappealing, and I don't want to see them or hear constant
humming sounds from my home. The ones in Kea`au near Foodland and near Life Care are
disguised to look like a tree and are a joke. Winds often carry sounds and voices throughout our
neighborhood. Let me tell you, I'm not niele, but I can hear more than I want to know. The
proposed 108 -180 -foot structure is 18 stories tall, will be seen from all areas of our small
EXHIBIT B
18
community, and from all roads. This was not, will not blend in our natural landscape of our
long-established, quiet neighborhood, historically, a sugar plantation.
I understand that once a pole is installed, the cell service provider can add another 20 feet
without community consent. I want to know, is that true? Because, that's a 20sorry, 20 -story
or 200 -foot atrocity as we gaze out from our homes. The tower facilityoh, from the tower
facility, can AT&T guarantee that no one will ever get sick ever? By the way, there was an
environmental impact—is there an environmental impact statement done as part of the permit
request, the facility manageable, etcetera, etcetera? Is there an alarm system that goes off when
the tower's radiofrequency readings are dangerously high? I'dI'd want to know. Can we hear
it? Can we all hear it, or just a few selected people know that it's dangerously high? I want to
know just like when the missile alert came out and we all freaked out, I still wanted to know.
Why is that for commercial zoning, new building's height is limited to 45 feet in a residential
communicommercial mixed districts, but, you consider an 180 -foot structure near our homes
and school property. That doesn't make any sense. Did you know that there are cases of cell
tower poles collapsing? We experience strong winds and hurricanes here, and a thought of
something that tall near our homes is frightening. Wouldn't a new location just be an easier
solution and one that is best for the betterment and safety of all concerned residents? Where
citizens do not oppose one near them.
I have more than ample cell service. I know I need to have emergency available, to be able to
call 9-1-1. On your smart phones, there is an emergency button, and it works, even if your cell
phone is sketchy. And, I know this, because my friend's dad was in Pepe`ekeo somewhere, and
he doesn't get good, great service. However, when the missile alert emergency came through, he
knew about it. Did you knowoh, well, Kurtistown by the way is only less than six square
miles with only thirteen hundred residents. Small in comparison to other towns, and there are
towers in either direction of Kua`aina Road where we live
RAFFIPIY Please start wrapping up
E. COBILE ELLWOOD: Why do we need any more? I'm sorry?
RAFFIPIY: Please start wrapping up, please.
E. COBILE ELLWOOD: Oh, sure.
RAFFIPIY: Thank you.
E. COBILE ELLWOOD: Please read my written testimony, because there are a lot of things
that—we don't owe AT&T, there is no guarantee. The TCA which is the Telecommunications
Act does not guarantee wireless service providers coverage free of small dead spots. So, there
you have it. There's a lot here. And, about the property owner, property values declining? We
can argue all day, but perception is real. If someone, if a potential buyer comes into our
neighborhood, and they see that tower, their perception that they will not get their money back is
real to us. Think about what's happening with the Coronavirus today. People are running out
buying toilet paper. I don't see the correlation, but it's real, and people are panicked. Please
EXHIBIT B
19
consider this. I thank you for your time. Please reject this, and when you do reject this permit
by the way, please in your letter state all the reasons why you're rejecting it, because just see
Supreme Court case of T -Mobile vs. Roswell. It's very important. We don't want to throw this
out. [Inaudible] thank you.
RAFFIPIY: Thank you.
MATHEWS: I'll keep this short. This is Byron Mathews. I live nearby on Meaulu Street, and
my family lives near that tower, so I oppose it just on health, the noise reasons, and obviously
aesthetics, so that's all.
RAFFIPIY: Thank you very much.
EVANS: Aloha, I'm Sariah Evans, and I live in Pahoa. First, I'd like to say, "Father, please
forgive them for they know not what they are doing." I'm sitting here, and I listen to the people
who were born and raised on these islands who have lived here for generations and generations
and generations. Some of them from the beginning of time, and you all know how these lands
were taken from them. You are some of those families sitting before me. And, you don't even
want to look these people in the eye. You want to look somewhere else. You want to read a
piece of paper. You want to ignore it, act like it's not happening. Like Mr. Tamashiro always
says, we were all born into this. We're waiting for that hero. The hero isn't sitting on this side
of the room. The hero has to be on the other side of the room. The one that is causing the
oppression and the suppression and the lies to continue. It appalls me what are you teaching
your children and your grandchildren. Really? That's, that's what you want to pass along?
Once again, Father, please forgive them for they know not what they do. Thank you.
TAMASHIRO (from audience): Amen.
RAFFIPIY: Mahalo. Any questions from the Commission? All right, thank you very much.
Okay, we have, I have here—you gotta excuse me if I mispronounce your names. I cannot read
some of the writingsKuulani Muise [mispronounced]?
MUISE (from audience): Muise.
RAFFIPIY: Muise, sorry. Michael Mentnech and Laura Acasio. Please raise your right hands.
Do you swear or affirm to tell the truth on this matter now before the Planning Commission?
TESTIFIERS: Yes.
RAFFIPIY: Thank you very much. I'll start from your far right.
MENTNECH: Okay.
RAFFIPIY: And please state your names, speak directly into the microphone, and where you
live, and you can proceed with your testimony, please. Be mindful again with our 3 -minute rule.
EXHIBIT B
20
MENTNECH: Okay.
RAFFIPIY: Thank you.
MENTNECH: I'll try to obey your 3 -minute rule. Okay, my name is Michael Mentnech. I live
in HPP. I'm generally concerned with all of this, not specifically HPP. Number one, as I
understand, you're not supposed to listen to health concerns because of the Federal
Communications Act. The first amendment gives me the right to petition my government for, to
address your grievances. It doesn't give the Congress the right to violate that by saying, "except
for your health." So, that's point one that I don't think they have, any more than they have a
right to pass a law saying that everybody has to wear a yellow star or all of the Japanese have to
go into a camp, or any number of things that they have done in the past. This law is also very
old, and it pre -dates this technology.
Okay, cancer is a red herring. Is everybody familiar with what a red herring is? Cause I've
talked to people, and they don't. A red herring they used to put, if you had tracking dogs, you
could drag a dead fish across the trail and the dog would follow the dead fish instead of what he
was supposed to be tracking, and I feel that the cancer thing is a red herring, because we recently
had the US Consulate in Havana attacked by microwaves. People had malaise, headaches, all
sorts of disorientation. I don't remember reading anything about them complaining about
cancer, because cancer takes a long time.
We were trained in the Navy about chemical weapons. When you put that mask on and that suit
on, you weren't doing it to stop cancer, because if it takes ten years for a cancer to develop from
these weapons, you would have been dead 10 years -9 years and 99 whatever days ago. You're
dead in seconds. So, cancer, to say, "Well, we've studied it and we haven't seen anybody get
cancer," we haven't had cell phones long enough to do that.
And, then as far as real estate values, this fight is just starting. So, to do a study, I don't know
when the study was done and say no it doesn't affect values. It's like saying that the
Coronavirus is, last week they were saying it won't affect tourism. Well, read the paper
tomorrow and see how it affects tourists, or read it today and see what it has done to the airline
industry and what it has done to the cruise ship industry. So, to say it won't affect real estate
values when you don't know that tomorrow a headline in the Washington Post is that, "Cell
Phone Towers Cause Brain Malfunction" or some other—pick it out of the air, because your
structures in your brain are affected by radio frequencies. Humans are affected. From what I've
read on this, women are primarily, feel it. It doesn't mean men aren't affected. They just don't
feel it. So, there's something going on, and if this pops up and turns out, then real estate values
are going to hit, are going to go down. So, to say that we did a study a few years ago, we didn't
see the problem. I don't think that's valid today. I think they need to know a lot more than what
we know right now before we go willy nilly putting this all around. Thank you.
RAFFIPIY: Thank you very much.
MUISE: Aloha mai kakou. My name is Kuulani Muise. Thank you for your time this morning
and your ears. I'm here representing Laniva and Paliku Muise. They are students at
EXHIBIT B
21
Kamehameha Schools. Laniva is a kindergartener; Paliku is in the fifth grade. I didn't know
about this, so I'm kind of frazzled, because I just found out, which is worrying in and of itself
that we parents at the school don't know. I stayed up last night and did the hours that my
kindergartener is going to spend within a quarter mile radius of this tower. It's like 25,000 hours
by the time she graduates, and that's nothing compared to, you know, the momma in this room
whose keiki live right there, so. I know that Mr. Tomlinson came up and talked about how a
current body of scientific evidence at the Hawai` i Department of Health, the WHO, American
Cancer Society say there's no links or there is not enough linkages to adverse health effects, but
for some reason there is enough evidence for cities and counties in the European Union. You
have the UK, and Ireland, and in Italy, in Switzerland, in Belgium, we have entire countries
thwarting the spread of this kind of—the expediting this kind of technology. Australia, Russia,
Netherlands. We have hundreds of doctors who have signed the 5G appeal. To quote them, they
"take all reasonable measures to halt [the SG] RF and EMF [RF -EMF] expansion until
independent scientists can assure that [the] total radiation levels caused by RF and EMF [RF -
EMF] (5G together with 2G, 4G, 3G, WiFi [2G, 3G, 4G, and WiFi] will not be harmful for [EU--]
citizens especially infants and children [infants, children...]."
We have a body of scientists from over 40 countries that have signed the EMF scientist appeal,
so we do have evidence apparently in some places saying that there is a link to adverse health
effects. And, then we're also told that health concerns will not be included in the decision to, to
grant this permit, and I cannot tell you the frustration that I feel with that. We have a radio tower
in Pepe`ekeo. We live about a half mile from Alala, Pu`u`alala, and that tower was originally
just a radio tower, and literally overnight, workers worked overnight, and they installed panels
and expansions, and there's no input from the community. There seems to be no oversight when
we asked Civil Defense to come out and speak to our community. They cannot tell us who it is
expanding the tower, what's going on, so just once it goes up, how do we, you know, manage
how it expands, you know?
So, these are just some of my concerns and if itit just, it's just frustrating that maybe property
values is gonna to have a larger voice in this than the health of our children, which is just crazy
to me, but I just want to end and just, you know, ask you guys to consider that, and with the
words of Celine Fremault. She's the administer of the government in Brussels, Belgium who
was the first city to ban 5G, and she says we cannot leave anything to doubt. So, mahalo for
your time.
RAFFIPIY: Mahalo.
ACASIO: Aloha, my name is Laura Acasio. I found out about this less than a week ago. I
strongly oppose approval of this permit. I'm speaking for hundreds, maybe thousands of people
that were not informed at Kamehameha Schools and their families and their children. I'm also
speaking for myself and my two keiki who attend. It is extremely alarming to me—but I'll do
my best not to cry that the KS community and their safety committee, including all of their
po`o kumu, their communications department, etcetera knew nothing of this proposal, this permit
application. That is not informed. That is not consulted. That is not anything democratic.
EXHIBIT B
22
So, myself, my children are immediate stakeholders. They are potential victims of an
uneducated decision recognizing that many countries have banned 5G. Going back to this
particular tower, if it's not being spoken now that it's for 5G, we've heard that if they add, they
can add pieces later without going through any of this public process. We don't know what is
added. I would say to show some more transparency, excuse me, some more transparency is to
show that radiation field, if to another 20 feet gets added and 5G is added or what have you, then
what does it show? And, then also after the purple, what is the radiation level after that. So,
even though it stops at purple and then there's, it just, there's no radiation or, you know, I'm
assuming that it continues to go down, but that's not on that screen, and that's not transparent,
and that very much worries me.
Sorry, I didn't have a lot of time to put together a, you knowI took off work today for this so,
by the way, I'm a teacher. If KS sent into, sent a poll out to their, their families, their
constituents, their teachers, what would that poll look like, and would that petition that
somebody mentioned earlier be more than 250. I can guarantee you that would be into the
thousands. And, this information was sent to me by a good friend, and it was like okay, what do
we do? That's how I found out Kamehameha Schools knew nothing of it. I cannot speak for
Kamehameha Schools, but I would, I would imagine that the reason why they at this point not
taking a position is because they don't know anything about it, and again, that is not okay.
All of these supposed advancements of FirstNetwork have consequences that we don't know
about, that we don't that I don't want. I don't want to take the risk. I don't want the doubt. It
gives me extreme anxiety to think of my kids spending a majority of their waking hours, more
than they even spend at home, in an area that is so close, with no research, and no consultation.
The FCC does not speak for me, and so I definitely think, in this, in this particular thing, it does
not speak for me. It is very important to take into consideration the health and well-being of our
children.
Some, you asked, one of the members of the board asked if this is an ordinary tower which
leaves a lot of speculation and a lot of room for unclarity that's a relative word. And, it leaves
a lot of room for misinformation, and the answer that the proposal, that the proposer gave was
"for the most part" which then confirms to me that the ambiguity in the question does not have
anything but an ambiguous answer, and I'm not okay with that. Is it an ordinary tower? What
does that mean? And, then what happens after? And, then also the answer is "for the most part"
which is—and that's a quote, direct quote. I'm sure it's transcribed. I'm sorry, I also
RAFFIPIY: Please start wrapping up. Thank you.
ACASIO: Okay, I will. Thank you. I'm on my last page. Like I said, I didn't have time,
because I didn't know about it until a few days—yeah, yeah, this morning. `Io, pueo, `ope`ape`a,
the bees, noise, radiation, disturbance cannot be brushed off. We have to protect these kupuna of
these lands, including the kupuna that spoke earlier.
There are many social and cultural impacts as well that are not being taken into consideration
being that this is short notice, and nobody is informed or at least, we're not.
EXHIBIT B
23
There are social stigma and conflict and speaking up to this even within the Kamehameha
community. It was spoken to earlier that teachers may not feel they can speak to anything. I
know myself, I felt very intimidating bringing it up to them, because whatever, I'm in the
community, and I don't want to be, you know what if they look at me like, oh a rebel rouser, da
da da, but that's, that's not what this is. This is genuine concern, and I could not read this
document and not follow through.
Lastly, kua`aina, it's [inaudible] to me, that this is on kua`aina. That means country, a person
from the country, rural. So, I question the zoning. This is ag land. This is not a rural thing. I
feel like—mention breach of trust. I can concur with that. It feels like a breach of trust, and
kua`aina being someone that cares for the land.
So, lastly, in closing, I have to say that I do have forgiveness because I have to live like that or I
am going to have too much anxiety, but I do not [sic] believe that you do not know what you're
doing. Thank you for listening. I appreciate it.
RAFFIPIY: Thank you very much.
AU: Mr. Chair, I have a quick question for the two testifiers. Can I just ask them a quick
question?
RAFFIPIY: Okay.
AU: So, Ms. Muise and Ms. Acasio, thank you guys for coming. You know, my question from
the last meeting and this meeting are, you know, has Kam [Kamehameha] School been notified?
You know, I want to hear it from Kam [Kamehameha] School or from parents, so I appreciate
your guys taking off the time from your day for coming and, you know, you mentioned you got
off of work. Question for both of you guys and each answer separately and just, just answer the
question, please. You don't have to go on about everything else, but how were you notified?
MUISE: Laura told me.
AU: And what is thatoh, okay, so Laura, how did you, how were you
ACASIO: So, another parent, mother of, whose family is all concerned, not just the mother -
the father as well—sent me a photograph of this document, but I could look on my phone what
date, but I believe it was maybe, maybe last week Friday.
AU: Okay, so let me ask you another question. As a parent for Kamehameha Schools, you
know, you get newsletters, and you know, I'm sure there is like a website you can check out.
From your, I'm assuming from your indication, there was nothing on—you weren't notified from
Kam [Kamehameha] School, you were notified from another parent?
ACASIO: From a parent, and then I sent an email. Actually, I was at a meeting, because I'm a
very involved parent. I do keep up on all the newsletters, and I read everything, and I pay
attention and am on all the texts, links, etcetera, and I was at ait was [inaudible] in
EXHIBIT B
24
conversation with some faculty, mostly students, teachers of my children, and I asked the VP and
everyone there but was pretty much directed to the counselor and the VP if they had heard of
anything, because it's a concern being raised. And, that's what the conversation was meant for,
is any, any communication and such with the parents. And, he informed me that he is on the
safety committee, and he had just attended the day before a safety meeting, and they had not
heard anything about it. He knew nothing about it, and then I, so then subsequently again, like,
this kuleana was put in me, into my hands because why? I don't know, but I couldn't just not
ask. You cannot just let it, let it go. It was not letting me even sleep at night. So, I wrote a
constructive email asking do they know anything of this, and I sent it to all the po`o-s and
etcetera, and it was sent on, and I don't know what happened at that point. I did get a response
email, but it didn't seem to me like anybody knew, and I can guarantee you that the families
don't know.
AU: Okay, thank you very much.
RAFFIPIY: All right, I'm going to call a five-minute recess so the Commission can go use
bathroom and stretch a little bit.
Chairman Rafpiy called a recess at 11: 09 a.m., and the meeting was reconvened at 11:22 a.m.
RAFFIPIY: Hawaii Planning Commission, East Hawaii Planning Commission back in session.
Okay, now the East Hawaii Planning Commission now back in session. I'd like to—if there is
any, anyone out there in the audience that would like to testify on this agenda item, I'm taking
the last roll right now. At this time, I have, can I have Matt Kleinfelder please come forth?
Please raise your right hand. Do you swear or affirm to tell the truth on this matter now before
the Planning Commission?
KANEALI`I-KLEINFELDER: Aye.
RAFFIPIY: Thank you. State your name, where you live, and please proceed.
KANEALI`I-KLEINFELDER: Good morning, Commission. My name is Matt Kaneali`i-
Kleinfelder. I live in Kurtistown about two miles away as the crow flies from the proposed site
for the Use Permit in question. I became aware of this two or three weeks ago, and I followed up
with the community, and I'm here speaking on behalf of my community and behalf of myself.
The health reasons can be argued back and forth. I know that if I stand in front of a microwave, I
am not to stand in front of a microwave or put my face within so many feet of it, and so there are
health implications for this whether it is agreed on or not.
But, I think that the biggest, the biggest concern I have is the proximity to Iwasaki Camp and the
existing neighborhood, farms, and, of course, Kamehameha Schools. That is not to be
overlooked in this case, and I think that there should be a very exhaustive look at other locations
before settling on a location so near to existing residences and a school, and that is important.
And, if that hasn't been done, then I would question why they haven't looked at other locations
first and why they put this so close to a school. There are thousands of kids from all over the
EXHIBIT B
25
island, not just Kea`au, not just Puna. This is Hilo. This is Hamakua. This is anyone who
utilizes this school in this area.
So, in that sense, has AT&T this is a question for you, and I know you can't answer it right
now. Has AT&T really done their due diligence in looking for any other site that is not close to
this many people? Not this close to a school and so many different residences, and that that
alone should be the basis for pushing this back or doing whatever you can in your power to have
them go back to the drawing board. Mahalo.
I do appreciate your time this morning. Again, I'm here to support my community. I am here as
myself, but I'm also here in the effect of a Councilperson, and our job as public officials, and
your job as a commission is to listen to the people that come up before you and base your
decisions on that. Of course, you need to be in accordance with all the laws and the rules and
regulations that guide us, but in the end, you are here to listen to the public, and I think today the
public is speaking very clearly, and I have to deal with the same thing so I appreciate your
patience, and I do appreciate your sitting here in this heat which is amazing that we have a
broken A/C system on our roof, but, I appreciate your patience and your understanding of this
and just urge you to listen to your community. Thank you.
RAFFIPIY: Thank you very much, Mr. Kleinfelder. Any questions from—
MEDEIROS-GARCIA (came up to the mic): I get one question, sorry. Can we get the
landowner, the one applying for this permit, to say a few words on why he want this thing on this
land?
RAFFIPIY: Thank you. Any questions from the Commission? No questions? Can I have a
motion to close public hearing?
REPLOGLE: I make a motion we close public hearing.
AGUINALDO: I second.
RAFFIPIY: It's been moved and seconded that we close the public hearing. Any discussion?
All in favor say, "aye."
COMMISSIONERS: Aye.
RAFFIPIY: Any opposed? All right, motion carried. Yeah, do we have any other questions for
the Applicant or otherwise I will need a motion for action.
REPLOGLE: I have a question for the Applicant.
RAFFIPIY: Go ahead, sir, [Commissioner] Replogle.
REPLOGLE: Thank you. You may have stated this earlier, but for the record, I'd like, since the
question was just asked.
EXHIBIT B
26
TOMLINSON: Mm-hmm?
REPLOGLE: Have you and your company exhausted all other possible sites for this tower?
TOMLINSON: Yes. This location represents a significant gap as evidenced by our propagation
maps that needs to be filled and, in particular, for
MEDEIROS-GARCIA (from audience): Eh, your nose growing [inaudible] brah.
HALL: Order.
TOMLINSON: relationship to
RAFFIPIY: —Let's maintain order, please.
TOMLINSON: Relationship to the highway and be able to provide service for the community
and then down on the highway to fill that significant gap. So, yes, we do a significant,
exhaustive search—
MEDEIROS-GARCIA (from audience): That's why your nose growing.
ELLWOOD (from audience): Again, go ask for
RAFFIPIY: Order in the audience, please.
AUDIENCE MEMBER: Can he give us proof?
REPLOGLE: Really, they—nobody, AT&T didn't say anything when everybody else spoke.
So
HALL: Have some respect.
REPLOGLE: Yes, have some respect. Thank you for that answer. I assume that was the
answer, and yeah, that's all I have to ask.
RAFFIPIY: Any other questions?
REPLOGLE: Thank you.
TOMLINSON: You're welcome.
RAFFIPIY: Okay, I need a motion for action.
CLARKSON: I'll make a motion.
EXHIBIT B
27
RAFFIPIY: Go ahead, Mr. Clarkson.
CLARKSON: I move that the application for Use Permit Docket No. 19-81 be approved based
on the Planning Director's recommendation which shall be adopted.
AUDIENCE MEMBER: [Inaudible]
RAFFIPIY: Any second?
EVANS (from audience): Clarkson is not a hero.
AU: I second.
RAFFIPIY: All right, it's been moved by Commissioner Clarkson and seconded by
Commissioner Au. Any discussion or comments?
AU: Yes, discussion.
RAFFIPIY: Go ahead, Commissioner Au.
AU: So, fellow Commissioners, what I've been hearing from the community and from the last
testifier that, you know, we have to abide by all the rules set forth upon us as a commission. We
have to take, we do have to take testimony into consideration and the general public. So, there's
a lot of different factors that we have to look at when we make our decisions, but the fact that we
got all this on record with all the testifiers, things can be done afterwards. So, whatever is voted
after today—
AUDIENCE MEMBER: —It's called [Inaudible]
AU: just remember that, right? So, you know, we have to vote based off of, of what is the
rules are set forth upon us. So, that's the comment I want to make.
MEDEIROS-GARCIA (from audience): It's ag land.
RAFFIPIY: Thank you. Any other discussion?
MEDEIROS-GARCIA (from audience): It's ag land!
RAFFIPIY: Order in the audience, please.
AGUINALDO: I have something to say. I heard the Applicant. I heard the testifiers. For me, I
respect the other Commissioners, their decision, but for me, it'sI have my decision of my own.
I grew up, plenty of you may have testified here, maybe not, I was born and raised around camps
so I know about camps and about community. And, always, location, location, location, and for
me, it's, I understand to them, it's gap, coverage. But, for me, I look at all different things.
There's reasons why sometimes people put it there because of infrastructure. What is the
EXHIBIT B
28
number one thing? How we going survive? Power? Electricity, now you need road access. For
my decision today, you know, I respect, again, the other Commissioners, but I going speak for
myself. It's, the community has spoken their voice, their concerns, non-binding to anybody else
that going come before us in the future for whatever they going do. Sometimes, it's always good
to, eh, make one community public hearing like Mr. Kleinfelder here. If it's in his district or
anybody's district, call `em up. Say, eh I like address this to your guys' community. Can we hui
up and address if this is in favor or not in favor, because for us, yeah, this is one hard, hard
position, because we have to put our differences or feelings aside. But, for the community,
outweighed, you know, I mean, yes, let's say we had a note, a letter from, you know, from our
County, from Fire that yes, cell service is very important to a degree of emergency. But, when I
look at that right there, there's a camp there. There's people there. The uncertainty and
unknown of everybody talk about 5G and what not, shucks, I had one cell phone back in the day
that looked like I was in the military. You know, I have friends down in District 5, Seaview
Estates, have cell boosters. Plug `em in, go on one construction site in the boondocks, like brah,
how you guys get cell phone? Eh, wait, I going turn on the generator. Brah, how you guys get
cell phone service? One cell booster tower. You know, little stuff like that, I don't know what
kind of impact on health. A lot of things is unknown for us. Even for myself, I hear 5G, 4G, if
my cell phone turns on and I get bars, I'm good, I'm good. Last resort, payphone, right?
Payphone, back in the day we had pagers. I understand with technology. Technology, we need
`em, but if it's unknown and these guys voice their concern, please do take consideration in the
future. Like I said, my decision is my decision, but it's always best to involve your community
for future development or whatever you guys do, especially when its surrounds, by a lot of
community, by homes, and they have voiced their concern as well. I just wanted to say my
piece, and when we do the roll call, my decision is my decision at the end of the day, and I going
live with `em. Thank you.
RAFFIPIY: Thank you, Commissioner Aguinaldo. Any other questions?
REPLOGLE: I don't have a question, but I have a comment.
RAFFIPIY: Go ahead, sir.
REPLOGLE: It was stated today that you can't leave anything in doubt or to doubt, okay, and
AT&T is not doing anything inherently wrong. They are following the law. They are filling in
the space for this net system that is going to provide a life-saving system for all our people, and
we have heard these concerns over and over from people, and basically, my understanding is we
are constrained to a degree by these laws that AT&T mentioned. They didn't make the laws, but
where you can't oppose the cell tower based on health
TAMASHIRO (from audience): —Where did you wake up this morning, sir?
HALL: Order.
TAMASHIRO (from audience): In the State of Hawaii?
RAFFIPIY: Let's maintain order. Let's maintain order in the audience, please.
EXHIBIT B
29
REPLOGLE: Maybe you should let me finish.
TAMASHIRO (from audience): And maybe you should answer the most core question
RAFFIPIY: —Let's maintain order in the audience, please.
TAMASHIRO (from audience): Okay, sorry.
REPLOGLE: And based on health, we can't oppose it. Or on real property values. Our County
needs to get to the bottom of this I feel. I feel these cell towers are going to keep coming before
us just as people are going to keep coming before us, and while I know what AT&T is telling me
is right, they're not, they're not malicious people. They're not they're just doing their jobs.
MEDEIROS-GARCIA (from audience): Put `em in your backyard then.
ELLWOOD (from audience): They're greedy
RAFFIPIY: —Let's maintain order, please
EVANS (from audience): —Like you, [inaudible]
RAFFIPIY: Maintain order please.
MEDEIROS-GARCIA (from audience): Put `em in your backyard.
REPLOGLE: I have an empty lot right next to my lot, and I realize the way things stand, I could
have a 150 -foot cell tower there.
MEDEIROS-GARCIA (from audience): Well, go put `em there.
REPLOGLE: I don't like that. So, how are we going to deal with this? How are we going to
address this? And, I feel it needs to be addressed. We just can't keep kicking the can down the
road, and as was pointed out in 10, 15 years, we find out that everybody has ass cancer because
they had their phone in their pocket. So, as my partner in crime, Mr. Aguinaldo, said, I'm voting
my conscience, and I'm going to oppose it, but it's because we need answers. You need
answers. I want answers. But, with that said, the way it stands, I do support those who will, if
they vote, to pass it. I'm not going to be resentful, but I am going to stand with people's
concerns. Thank you.
AUDIENCE MEMBER: Mahalo.
AU: Mr. Chair?
RAFFIPIY: Commissioner Au?
EXHIBIT B
30
AU: I just want to put on record that the Applicant has done all that they are supposed to do
based off all the testimony, based off all of the notifications. They've done exactly what they are
supposed to do required by the Planning Department. So, I just want to make that clear as we
move forward, you've done—
TAMASHIRO (from audience): That's a false statement, brah.
AU: You've done everything that—
ELLWOOD (from audience): You're lying
AU: you're required to do
MEDEIROS-GARCIA (from audience): Eh, false, it's false.
RAFFIPIY: Please maintain order.
MEDEIROS-GARCIA (from audience): This is not the first one, Dean, it's not the first one
RAFFIPIY: —Any other questions from the questions from the Commission? Comments?
MEDEIROS-GARCIA (from audience): Your hands are in their pockets, braddah.
RAFFIPIY: Maintain order please. Okay, I have, I have aI have a couple questions here.
MEDEIROS-GARCIA (from audience): I'm on you.
RAFFIPIY: So, from
MEDEIROS-GARCIA (from audience)
RAFFIPIY: —from that—
Your hands are in their pockets—
MEDEIROS-GARCIA (from audience): [Inaudible]
RAFFIPIY: —from that public road, going in, how far—how far in is owned by the, the
Applicant, or the landowner? How far in he owns of that part, the whole road all the way, all the
way around, or just all the way up to the first corner?
ANDREWS: So, the Applicant the private property starts at this point right here where the
point of the property is located
RAFFIPIY: Mm-hmm
ANDREWS: up to that point, it's a public road, and the Applicant [landowner] owns the
access road that goes around as well as Kua`aina.
EXHIBIT B
31
RAFFIPIY: The entire access road going around?
ANDREWS: Yes, and there is the deed that was pulled by the State Bureau of Conveyances
ELLWOOD (from audience): And the deed lists another owner, another owner, not giving
permission.
RAFFIPIY: Okay, let me ask my questions, please. Okay, there was a comment about if, after if
we approve this, and if they're going to do some kind of extension to the pole, that there will be
no planning review or it's not going to come back to us. Can you speak to that, please?
DARROW: Good morning, Mr. Chair and Members of the Planning Commission, Jeff Darrow
with the Planning Department. Within our recommendation, there is Condition—let me find
that—Condition No. 4, and I'll just read it. "Co -location of antennas upon the existing tower and
the addition of related support and ground equipment is allowed and encouraged within the
parameters of the tower height and ground lease area as approved by the Planning Commission
without amendment of this permit or further Plan Approval. Co -location beyond the parameters
approved by this permit but that results in less than a `substantial change' to the tower height and
ground lease area, as defined by the Federal Communication Commission, is allowed without
amendment of the [this] permit, provided Plan Approval has been issued by the Planning
Director for the co -location. Co -location that results in a `substantial change' to the tower height
and ground lease area, as defined by the Federal Communication Commission, requires an
amendment to [of] this permit."
Our understanding is that there is a definition within the Federal Communication Commission
that defines "substantial change" and that's 20 feet or more. So, if it's 20—if it's, it's either
under 20 feet or 20 feet and under, it's allowed, and it's not considered a "substantial change."
What normally has happened in the past is the Commission has approved a permit and that
envelope is the envelope, the ground area as well as the height, but the FCC has changed their
rules to allow an approved tower to increase by this so-called amount that is now considered a
"substantial change."
RAFFIPIY: So, in other words, all they need if they want to add, let's just say 19 feet more or
19 feet and 6 inches, all they need to do is go apply to FCC.
DARROW: No, it would be a the first thing that has to happen is once a tower is approved,
they come in through the Planning Department with a Plan Approval, which we look at all of our
rules, then it goes into for a Building Permit. If they are coming and, and this is what we're
trying to encourage, we're trying to encourage existing towers to have co -location, so we don't
have new towers all over the place. So, if they're coming in with just co -location, then they go
straight to Building Permit as long as they already received original Plan Approval. Now,
because of this change in FCC, they can increase up to 19 or 20 feet without having to come
back in for an amendment or Plan Approval but we'reno, I'm sorry, I think we are requiring
Plan Approval, and the reason why is because once you increase height, setbacks become an
EXHIBIT B
32
issue, so we have to make sure the still meet setbacks. But, if they go beyond that, they have to
come in for an amendment to you folks.
RAFFIPIY: Okay, so the Plan Approval will just go through the DPW
DARROW: Correct.
RAFFIPIY: Okay, thank you. If, if the Applicant later on decides to upgrade the systems, the
equipment on the tower, do they need to come back to us or they just, its just Plan Approval, and
I probably what you read in there, I didn't quite get it.
DARROW: Ifyou're just saying to upgrade their
RAFFIPIY: If they, let's say right now, they're going to be installing 4G, and let's say in a
year or two, they want to install 5G, do they need to go through this process or, or they don't?
DARROW: I would say they would not, and the reason why is because all they are doing is
replacing ground equipment and/or—if they were actually tearing down the tower and building it
back up, we would require them to come back in, because they're losing that status at that point.
From the testimony I've heard and from what we've been dealing with as a department with 5G,
this technology really isn't meant for these larger towers. That's our understanding. It's meant
for the smaller towers that are going to be in urban areas that are going to be on the light poles,
that are going to be within these urban areas. So far, that's what's been approached to us. We
have not heard of 5G technology going onto the larger poles, and I believe that was what was
testified earlier in the hearing, but, again, that may change in the future as long as they maintain
the tower in what it is, and they're just changing out equipment, it probably will just go through a
Building Permit process. There is nothing in any of the conditions that says otherwise at this
point.
RAFFIPIY: Thank you very much. Oh, one last question. And, I'm sure these were in all the
papers, and I'm sorry, there was so many to, so much stuff to read through, but this humming,
this humming noise, what's the dB rate on that one?
DARROW: I would have to defer to the Applicant on that. I can almost guarantee you it comes
nowhere near what the allowable noise dBA level is within either Residential or Agriculture.
Agricultural dBA limits is 70 dBA which is quite loud. Residential is down to 55, and nighttime
is down to 45, but even that I, I would venture to say that this comes nowhere near that.
MEDEIROS-GARCIA (from audience): I going let, let me share with, in my community
RAFFIPIY: —Thank you very much—
MEDEIROS-GARCIA (from audience): —all that is 500
DARROW: —But, again, I would suggest asking the Applicant. Maybe they have more specific
information.
EXHIBIT B
33
MEDEIROS-GARCIA (from audience): They don't live in my community. In my community,
eh, houses, all that—
RAFFIPIY Please, let's maintain order—
MEDEIROS-GARCIA (from audience): —500 feet away from the tower
HALL (directed to Chair Rafpiy): Tell him if he keeps that up, he's gonna be removed.
RAFFIPIY: Yeah, let's maintain order, please. Appreciate it. Thank you. You know, I'm
going to make a comment. You know, my kids, they went to Kamehameha Schools, all my three
boys, and they graduated several years ago, and I know that they use that whole area, the whole
campus. They have this bike thing that they bike around every year, well, they bike around the
whole entire campus, kind of off-road area, and I yeah, and I really don't know what, I don't
know what's out there, and I'm worried that, you know, these kids, future kids, they they gotta
have somebody to speak up for them.
AUDIENCE MEMBER: That's right.
RAFFIPIY: So, with the motion that is on the, that is on the floor, I will vote no on that one
so
DARROW: Mr. Chairman, can I ask a favor?
RAFFIPIY: Go ahead.
DARROW: Before we take a vote, can we take a 5 -minute recess?
RAFFIPIY: Granted.
DARROW: Thank you.
RAFFIPIY: Let's take a 5 -minute recess.
Chairman Rafpiy called a recess at 11:49 a.m., and the meeting was reconvened at 11:56 a.m.
RAFFIPIY: Thank you very much for being very patient with us. We're all learning through
this process. Thank you. So, I understand that the Applicant wants to respond to some of the
questions that was raised.
ELLWOOD (from audience): So, would we.
RAFFIPIY: Applicant, please move forward.
EXHIBIT B
34
TOMLINSON: We just want to express to the, to the Commission, we hear the community and
that there is a desire to have continued consultation with the community, particularly
Kamehameha Schools. So, what we would like to propose is that we could continue and
continue the hearing and then schedule a consultation and community meeting to address issues.
RAFFIPIY: Thank you. Any questions? Any comments from the Commission?
CLARKSON: So, let me ask Corp. Counsel that an Applicant requested continuance doesn't
trigger any time for automatic approval?
HALL: No, automatic approval only happens if the Commission fails to act, but if its an
applicant's request, then it won't trigger that time.
CLARKSON: Okay, then I withdraw my motion for approval.
AU: Mr. Chair, I'd like to respond to that. I think we should just move along. You know, the
motion is on the table, and II strongly recommend Commissioner Clarkson to just move along
with the motion. I think we should move forward and let the whatever parties do what needs to
be done and, you know, again, we're going to vote. If we do vote, we're going to vote based off
what the last testifier said. You know, we have to do our part as a commission, but we also have
to listen to our community. So, Commissioners here have shared what, which way they're going
to vote, and I strongly recommend we move forward with this, because if we continue it, we're
going to go through this again.
MEDEIROS-GARCIA (from audience): No problem. We'll get supporters.
AU: It's what I recommend.
EVANS (from audience): Yes!
MEDEIROS-GARCIA (from audience): No problem!
RAFFIPIY: Order in the audience, please.
MEDEIROS-GARCIA (from audience): Do what's right, Dean!
RAFFIPIY: Order in the audience, please.
MEDEIROS-GARCIA (from audience): Sell out.
CLARKSON: Do we have to vote on a motion?
RAFFIPIY: The motion has been withdrawn, so we'll need a new motion.
CLARKSON: Do we have to have a motion for continuance to accept the Applicant's
continuance?
EXHIBIT B
35
RAFFIPIY: Yes.
CLARKSON: I still so move that we accept the Applicant's request for a continuance so that
they can do more community outreach.
RAFFIPIY: Any second?
REPLOGLE: I'll second that.
RAFFIPIY: Discussion?
REPLOGLE: I seconded it, because as I stated earlier, we, you, want to know what's up, and
they want to inform you as best they can, and you need to politely join them and hear what they
have to say and then make your decisions. Don't look at it as you're going to go there and end it.
Go there with open minds. It's about education. It's about cannot leave anything in doubt. So,
they're offering to clear up those doubts. I hope you'll take advantage of it.
MEDEIROS-GARCIA (from audience): It's about one cell tower that not going to be able to be
removed.
RAFFIPIY: Let's maintain order, please.
ELLWOOD (from audience): Chairman, the Applicant has had another chance to speak. Why
don't I get to speak?
HALL: Public testimony is closed.
RAFFIPIY: Yeah, public testimony has been closed, please
ELLWOOD (from audience): I'd like to reply to what he said.
RAFFIPIY: Yeah, public testimony has been closed
ELLWOOD (from audience): —Then, why is he speaking?
HALL: There is a motion on the floor—order.
RAFFIPIY: Order, let's maintain order, please.
ELLWOOD (from audience): You gotta be kidding me!
RAFFIPIY: Let's maintain order, please.
EVANS (from audience): You are not even lawful here, so for you to require us to have order
while Mr. Thomas [sic]. Please!
EXHIBIT B
36
ELLWOOD (from audience): He gets to
RAFFIPIY: Let's, let's maintain order
[Audience members began shouting.]
RAFFIPIY: —Let's maintain—let's maintain order, please.
ELLWOOD (from audience): He gets all this. He gets to speak more than once—
EVANS (from audience): The public
RAFFIPIY: Let's maintain order, please! [Usinggavel.]
EVANS (from audience): And the government
ELLWOOD (from audience): It's not due process!
EVANS (from audience): The public is asking!
ELLWOOD (from audience): You know!
RAFFIPIY: You know, I need youI need you to
EVANS (from audience): The public is asking!
RAFFIPIY: maintain order, or I will have to ask you to please move. I want you to be part of
this. Please, let's maintain order.
EVANS (from audience): But, what you're doing is still unlawful!
RAFFIPIY: Please have a seat, and let's maintain order so we can proceed.
ELLWOOD (from audience): What about the other owner of the road? There's another owner
of the road.
HALL: Then bring him to the next hearing.
ELLWOOD (from audience): I brought it to this one, it wasn't addressed! What about the other
owner!
RAFFIPIY: Can we maintain order!
HALL: Then bring the owner to the next meeting.
EXHIBIT B
37
RAFFIPIY: Can we maintain order, please. Let's maintain order, please.
ELLWOOD (from audience): You haven't addressed my questions!
HALL: We're not here for you
ELLWOOD (from audience): Then who are you
[Audience members began shouting.]
RAFFIPIY: —Wait [using gavel]! Let's maintain order! Let's maintain order
MEDEIROS-GARCIA (from audience): Public trust—
HALL: we're not here just for you. Not just for you.
MEDEIROS-GARCIA (from audience): You said it.
ELLWOOD (from audience): It's on the record—
RAFFIPIY: I'll call for a recess.
Chairman Rafpiy called a recess at 12:02 p.m., and the meeting was reconvened at 12:09 p.m.
RAFFIPIY: The Windward Planning Commission is back in session.
CLARKSON: Mr. Chair, in consideration of Commissioner Au's request that this process be
expedited, I'd like to withdraw my motion for a continuance, to accept the Applicant's
continuance, and make a motion that the, since the votes are going to go this way, I move that the
application for Use Permit Docket 18-[0]00081 be denied for the following reasons. And, the
reasons are that since it's probably going to the Third Circuit anyway from someone, we might
as well just go there right away and that way we won't have to listen to the same testimony a
third time at next month's meeting. So, that's my reason. Substantive reasons, I have none, but
procedural reasons, I do have.
TAMASHIRO (from audience): That's an unlawful motion, brah, unlawful.
RAFFIPIY: It's been moved. Any second? I need a second.
AU: Second.
RAFFIPIY: It's moved and seconded that we deny—
TAMASHIRO (from audience): Prove it's lawful.
EXHIBIT B
38
RAFFIPIY Use Permit Docket No. 18-000081. Any comments, questions? Okay, can you
call the vote.
ANDREWS: Yes. Commissioner Clarkson?
CLARKSON: Aye.
ANDREWS: Commissioner Au?
AU: Again, for the record, the Applicant has followed all the rules set forth by the Planning
Commission and the Planning Department, and I vote yes to deny this permit.
ANDREWS: Commissioner Aguinaldo?
AGUINALDO: Yes.
ANDREWS: Chair Raffipiy? Oh, I'm sorry, Commissioner Replogle, excuse me.
REPLOGLE: Aye.
ANDREWS: Chair Raffipiy?
RAFFIPIY: Aye.
ANDREWS: The motion passes five, zero.
RAFFIPIY: Thank you very much. The Applicant, you'll be notified of the Commission's
decision in writing. All right, at this time, we're going to
CLARKSON: —Wait, wait
RAFFIPIY: Go ahead.
CLARKSON: Don't we need another motion about findings of fact?
HALL: Oh yeah.
RAFFIPIY: Oh yeah, go ahead.
CLARKSON: I move that the adoption of written findings of fact, conclusions of law, and
decision and order be continued to the next scheduled meeting for the denial of Use Permit
Docket No. 18-81.
AU: Second.
RAFFIPIY: It's been moved and seconded. All those in favor say, "aye."
EXHIBIT B
39
COMMISSIONERS: Aye.
RAFFIPIY: Nayopposed, nay? Motion carried. Thank you.
The discussion ended at 12:12 p.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
EXHIBIT B
40