2020-10-01 Exh B New Cingular Wireless USE 19-000082

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You heard from Chief Todd from the Hawaii County Fire Department as well as Major Burian from the Police Department about the critical nature of cellular services on FirstNet for their organizations and for public safety. I also want to address questions that were raised in previous hearings about AT&T's access to the site as presented in the June hearing AT&T has access property rights to the Hawaiian Paradise area. We presented a letter of authorization signed by the President of the Homeowners Association as actually was part of our initial application. We also provided minutes from the January 2019 Homeowners Association meeting showing that the community of the Hawaiian Paradise Park was informed and had opportunity to testify in regard you know discuss it in regard to the Board meeting. Then the Hawaiian Paradise Park Homeowners Association actually had no comment or objection when Department staff solicit comments regarding the application back in November. Finally, we provided the redacted version of AT&T's license agreement with the Homeowners Association (HOA) which clearly establishes AT&T's rights and to use of the HOA property. So, finally I'd just like to summarize it is clear that public safety will be enhanced by the Commission's approval of the application and AT&T respectfully requests that the Commission approve the application with its conditions of approval as recommended by the County of Hawaii Planning Department previously forwarded to the Commission on January 29, 2020. I'm certainly available for questions and wanted to thank you very much. Mahalo. RAFFIPIY: Thank you very much Mr. Tomlinson. Do we have any questions from the Commission to Mr. Tomlinson? Mr. Clarkson you are on. CLARKSON: Yes, I have a question for either Mr. Tomlinson or Katherine Garson, can't read the last name. My original and still somewhat mitigated concern was over the fall radius. My belief is that when there's a Greenfield construction on a brand new site that it's pretty easy to make sure that whatever the cause might be if the tower did fall over it doesn't endanger anybody or anyone. To get to my question, my suggestion at previous hearings was just to move the site significantly further away from the parking lot, the playground, even the Spectrum Hawaii structure. Since nothing has been built yet and you have the cooperation of the landowner I'm just curious as to why AT&T felt that it was easier for them to pursue litigation in Federal Court rather than just renegotiate a movement of the construction site 40 or 50 feet further to the northeast. Why was that? TOMLINSON: The location of the lease area was discussed with the as you mentioned with the Homeowners Association and that was partly in their choice actually to place it there as well as AT&T's choice. A lot of it has to do with access to utilities which are right there as well as access for maintaining the site and so we felt the move within the lease area a bit further away would provide the I guess assurance that there would not be any issues with the playground or the basketball court. CLARKSON: Well, thank you for that I find it hard to believe that moving the lease area a few tenths of a feet further away would have greatly expanded the cost for utilities or access. But let me just finish by saying that I will most likely be voting for approval the extra 13 feet is additionally reassuring. But I just like to impress upon AT&T that when in the future you have an opportunity to fix on a site for a brand new lease, and a brand new tower please keep in mind EXHIBIT B 15