2020-06-04 Exh D New Cingular dba AT&T USE 19-081 (FOFCOLD&O)

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reconsider, that we continue until a time where the public has an opportunity to actually be a part of the process. That's my thoughts. RAFFIPIY: Thank you, Mr. Darrow. Appreciate it. Any other comments on that from the Commission? Go ahead, Mr. Aguinaldo. AGUINALDO: Yes, Commissioner Aguinaldo here. I agree with Jeff on it because there were a lot of public testimonies relating to this cell tower location. So, I would like to just indicate that as well that I do agree, what our staff, Jeff, indicated as well. RAFFIPIY: Thank you, Mr. Aguinaldo. Mr. Clarkson? CLARKSON: Yes, I have a question for Commission counsel, Malia. If we take no action today, either to approve the Findings of Fact or do no reconsideration itself, what is the status of the application? Are there time limits where it will be automatically denied or automatically approved? I'm not, I'm just not familiar with the law as to indefinite deferral. HALL: I believe this rule is 60 days, and then there would be an approval if there's no action taken today but let me go double check the rule. CLARKSON: If I may continue then while she is checking. I, I think that Jeff is right that the public is unaware of the motion for reconsideration, but I also believe that there has been ample opportunity both in person and in writing from members of the public to make their opinion very well known to all of us, and that I see little chance that a future public hearing is going to add something new to our consideration of this matter. And, so,therefore, I would ask us to, you know, put our courage to the sticking post and either approve the application or approve the Findings of Fact and provide some closure to this matter so that the Applicant can continue on with their either construction of their project or they can continue with their legal appeals. RAFFIPIY: Thank you, Mr. Clarkson. REPLOGLE: Mr. Chairman? HALL: Sorry, let me just jump in real quick, John, and then you can go. Yeah, so Rule 7. 7-7 Planning Commission Rules within if at the close of this hearing within 60 days if there's no action, then the, basically it would be approved. RAFFIPIY: Thank you, Malia. Mr. Replogle? REPLOGLE: I just wanted to say I agree with what Joe pointed out. We know what the public thinks and how they feel. We're going to hear it again and again for every cell tower, and it's my understanding stated earlier that we legally can't deny this. If it's not going to,the pole is not going to fall on anyone, then basically we're, we'reI don't even understand why they still come to us, but that's why I think we should move on or take the 60 days no action and they get to do it, but I would rather say go ahead and do it. Anyway, my opinion. Thank you. EXHIBIT D 7