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2009-09-04 TCOHfire
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2009-09-04 TCOHfire
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anything, even based on the condition that counsel had placed.They fulfilled the obligation, <br />they went to public and they had meetings and everything, but, you know, if the end result is this <br />decision is still to be put there, then it’s there. I have not been given, we have not been given any <br />opportunity to respond exactly where the tower will be. So for that reason, you know, I cannot <br />vote for this in the affirmative. <br />WOODWARD: Okay. I might bring up one other point, and that’s the point that you <br />brought up earlier. And if the only argument we have for objecting is placement of the cell <br />tower, we’re going directly against the Telecommunications Act of 1996, and a right which is <br />maintained by the Federal Communications Commission. Whereby they say, “No state or local <br />government or instrumentality thereof may regulate the placement of construction, modification <br />of personal wireless service facilities on the basis of environmental effects of radio frequency <br />transmissions to the extent that such facilities comply with the Commission’s regulations <br />concerning such emissions.” <br />DOMINGO: Yes. I’m aware of that, Mr. Chairman. But I have also made comments <br />with respect to my other actions on other cellular tower applications, and have not used that as a <br />point to vote no for any application. My concern is that cellular towers is not a, a residential area <br />is not a place for cellular towers. That’s my opinion, you know. And, also, now although this <br />tower will be situated in an agricultural zoned district you have people surrounding this area to <br />which, you know, the tower will be visible. Now I don’t know, I’m not them. Mind you, I’m <br />not making an insertion that the tower will environmentally affect them, although in me I know it <br />will. I know for sure. <br />WOODWARD: Okay. Well, I was just given a, okay, all right, I have nothing further to <br />add. But does anybody else have any discussion? Commissioner Ogata. <br />OGATA: Okay, so with the addition of that last condition that we talked about <br />requiring the community to be involved in any further planning I am somewhat comfortable that <br />we will be able to or the Fire Department and the community will be able to work together <br />towards the implementation now of this project. I guess this, the ownership now goes back to <br />the community to make sure that they follow through with this condition and that the community <br />now is going to be responsible to all of us, I guess, and to the Fire Department to make sure that <br />they participate and assist in the further implementation of the project. So I just wanted to make <br />sure that the community take ownership of that, too. <br />OLIVEIRA: And I think, if I could just clarify. I think it’s a partnership; and we’re just <br />as accountable and responsible to ensure that happens. So all I can offer is my word at this point. <br />WOODWARD: Thank you, Chief. Okay, anything further? Commissioner Domingo. <br />DOMINGO: One more attempt. <br />WOODWARD: Okay. <br />DOMINGO: Okay. Could I move for an amendment to the motion, Brandon? <br />24 <br /> EXHIBIT A <br /> <br />
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