Loading...
HomeMy WebLinkAbout2020-10-01 Exh B New Cingular Wireless USE 19-000082 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT October 1, 2020 A regularly advertised hearing on the application of NEW LINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000082) was called to order at 9:33 a.m. via live stream meeting with Chairman Thomas Raffipiy presiding. VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE(STAFF): J. Yoshimoto (Deputy Corporation Counsel for the Windward Planning Commission), Michael Yee (Planning Director), John Mukai (Deputy Corporation Counsel for the Planning Director); Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Tracie-Lee Camero (Planner), Rachelle Ley (Department Secretary), and Melissa Dacayanan-Salvador (Temporary Assigned Commission Secretary). And 22 members from the public live streaming the meeting . APPLICANT: NEW LINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000082) Federal Court Remand to the Windward Planning Commission for further consideration and action on Use Permit Application 19-000082 to allow the construction of a non-manned telecommunication facility consisting of a 105-foot tall monopine with related equipment within a 1,054 square feet portion of a 20-acre property situated in the County's Open zoning district. The subject property is located northeast of the Maku`u Drive– 17th Avenue intersection in the Hawaiian Paradise Park subdivision, Kea`au, Puna, Hawaii, TMK: (3) 1-5-023:040. Remanded by Stipulation and Order Staying Action to Allow Further Consideration by the Windward Planning Commission, County of Hawaii. Secretary's Note: "—"means that there were technical and/or internet difficulties which made the conversation inaudible. RAFFIPIY: The Windward Planning Commission is back in session. We are going to move on to agenda item 4 3. Applicant New Cingular Wireless PCS, LLC dba AT&T Mobility, Use Permit Number 19-000082. Federal Court Remand to the Windward Planning Commission for further consideration and action on Use Permit Application 19-000082 to allow the construction of a non-manned telecommunication facility consisting of a 105-foot tall monopine "—" 20-acre property situated in the County's Open zoning district. The subject property is located northeast of Maku`u Drive 17th Avenue intersection in the Hawaiian Paradise Park subdivision, Kea`au, Puna, Hawaii. TMK: (3) 1-5-023:040. Remanded by Stipulation and Order staying action to allow further consideration by the Windward Planning Commission, County of Hawaii. EXHIBIT B 1 Prior to the presentation of this agenda item, oral public testimony will be conducted first. We have 9 people registered to testify in person. All those who are here to testify,please turn on your cameras and microphones. Rachelle if you can help me and staff can help me make sure that we have, I should have John Schtsmier, Naomi Melamed, Cory Harden, Deborah Ward, Eugene Elmer, Battalion Chief Kazuo Todd, Martha Stephens, Jennifer Meyers and Major Andrew Burian from the Hawaii Police Department. LEY: Hi, Tom this is Rachelle. I don't know if John is on. RAFFIPIY: John Schtsmier? LEY: And Cory already testified. RAFFIPIY: Oh yes, so she does not need to be sworn in. LEY: If possible, if you could call on Deborah Ward first, she has an appointment. RAFFIPIY: Okay, thank you. LEY: If the rest of you, if you if possible if you could turn on your camera and microphone the Chair will be swearing you in. RAFFIPIY: Please testifiers please turn on your cameras and microphones at this time. Okay, at this time please raise your right hand. Do you swear or affirm to tell the truth in this matter before the Windward Planning Commission? TESTIFIERS: I do. RAFFIPIY: Thank you alright. So, at this time, we're going to go head and have Deborah Ward start first. I'm going to ask all of you to turn off your cameras and microphones again and call you one by one. Until it is your turn to speak, please keep your cameras and microphones off so that the person who is testifying will have a better chance to be heard. I appreciate your being considerate to other testifiers. Also, to be fair to everyone, testimony is limited to three minutes. You will hear a sound or signal telling you that you have a minute to wrap up your testimony. After three minutes, your microphone will be muted, and I'll ask the Commissioners if they have questions regarding your testimony. When there are no more questions, I'll ask you to log off for the reason stated earlier. Please be reminded that there is live streaming on YouTube where you can continue to observe the hearing. All this is to conduct a fair and orderly hearing. Thank you for your understanding and cooperation. Okay, so when it is time for you to speak please state your name and area of your residence before you begin your testimony. Joe, do have a question? EXHIBIT B 2 CLARKSON: Yes, I do Chairman Raffipiy, does this proceeding to public testimony mean that there will be no presentation by "—"update by Corporation Counsel or any other discussion other than public testimony? RAFFIPIY: There will be a presentation after the public testimony. CLARKSON: After the public testimony? Okay. RAFFIPIY: Yes, sir. Alright. So, we will go by Deborah will go first, Naomi, Eugene, Battalion Chief Kazuo Todd, Martha, Jennifer, and Andrew last. Deborah Ward you're on. LEY: Deborah, can you hear us? Hello, Deborah. Deborah we can't hear you. Deborah are you there? GREENE: This is Debra Greene and I'm here, are you calling on me? I would love to testify. RAFFIPIY: Deborah Ward? GREENE: This is Debra Greene. RAFFIPIY: Staff, I do have a Deborah Ward, I do not have a Debra Greene. MELAMED: I believe there's a Deborah Ward and a Debra Greene. There are two (2) Debra's testifying. RAFFIPIY: So, staff I do have only one Deborah here and Deborah Ward is the only one that I have on the list. Is Debra Greene registered before the four o'clock deadline yesterday? Staff? LEY: I'm sorry, Deborah, Debra Greene did you register to testify? GREENE: I thought I did but, perhaps didn't. Can I still testify since I'm present and ready to go? RAFFIPIY: Staff, can you help me with that question? Staff, can we proceed to the next one? MELAMED: So, I'm Naomi I'm here to testify I think my name was second on the list. RAFFIPIY: Yes, ma'am. MELAMED: Hello everybody. Thank you for the time, is that alright if I begin my testimony at this time? RAFFIPIY: Yes, go ahead please state your name and the area you're from. MELAMED: Yes, my name is Naomi Melamed and I live in Kapa`au, Hawaii here on the Big Island. I would like to just share a little bit appreciate all your time as I said. I would like this EXHIBIT B 3 tower to continue in the direction the Planning Commission had you know initially voted on it you know being denied. I do see that it will adversely impact the community's character and surrounding properties. I hear some background noise is that just me. If everybody else could mute, thank you. First of all, I went through the whole background report and I did not see proof of gaps of coverage by providing you know I didn't see those records. Records of drop calls and I do believe that it would be prudent for the Planning Commission to demand the hard data here because you know this is Cingular Wireless we are talking about and they can produce these records. So, I liked to see evidence of lack of coverage provided with this permit application and I would also like to see that there's a third parry inspection of the emissions done every quarter would be my recommendation with this tower. Because unfortunately the telecommunications as well as the FCC are undergoing numerous you know litigations right now. One of them which has been supported by you know the Hawaii County Council to support the FCC's investigation into their limits they're allowing and unfortunately they have also been you know basically called out to be a captured agency and that's very well documented by the Harvard Ethics Committee et cetera. So, that's number two. I would also like to see that these you know that there is a proof of insurance policy and that it not exclude personal injury or damage liability from any kind of exposures. I think that this would be a very important clause just as well as another point is that I did not see in this background report that there was a cultural resource, like an archaeologist survey beforehand. I think that you know prior to approval that would be another prudent request as well as an environmental survey particularly you know this area is very susceptible to rapid ohia death and I do believe that survey results from an environmental perspective should be turned over to the planning prior to any tree cutting for this permit which is a vegetated area. So, it should be approved by Planning beforehand. I would just like to commend you all and remind you that Section 47 USC 332.(c)(7)(A) clearly states that the local governments do have the power to regulate the placement of wireless facilities and aside from your precious time and our County's resources they do not get any damages or attorney fees through these suits of these lawsuits. So, I'd just like to encourage you all with your initial decisions that you made, and I would like to again to thank you all for your time. I do not believe that there is a sufficient fall zone here for this tower and I would like an alternative location to be available that's less intrusive as it was suggested initially in the first So, thank you all so much for this time and consideration "—". RAFFIPIY: Thank you very much Ms. Melamed. Do we have any questions from the Commission to Ms. Melamed? Okay there are no questions. Thank you very much Ms. Melamed. MELAMED. Yes, thank you all. RAFFIPIY: Next up, do we now have Deborah Ward now available? EXHIBIT B 4 LEY: Chair, she had to leave. RAFFIPIY: Okay, alright. JACKSON: Chair Raffipiy? RAFFIPIY: Yes. JACKSON: I think the other Debra Greene is waiting and she was registered through the department. So, I think we can go ahead and accept her testimony. RAFFIPIY: Okay, can I, can I, where does she fall as far as the list that I have? JACKSON: She is not on your list, but she was registered by the Planning Department. So, we apologize for that oversight. RAFFIPIY: Okay, is it okay if I put her last on the list or do I have to put her ahead of everybody else? GREEN: I'm happy to be last. RAFFIPIY: Alright, okay thanks a lot. Okay at this time, we'll have Ms. Cory Harden please. She's done? Ms. Harden? Okay, let's skip over to Eugene Elmer. Eugene Elmer you are on. ELMER: Okay, aloha Windward Planning Commission. To be very clear hey, can somebody unmute their thing I'm getting background noise. To be very clear, my focus is on you Michael Yee. You are the Planning Director and the initiator of this agenda. I am testifying today in front to this Commission because you are not doing your job. You, Michael Yee area disgrace to your position. You have the power to regulate the placement of wireless facilities in this County. Section 47 USC 332.(c)(7)(A) clearly states that the local government has this power. You alone have this power, and you are not exercising it to protect the citizens from all the waves this tower can cause harm. Cause us harm. The FCC has made it clear that we cannot use health as a factor since they claimed to have studied it carefully nearly 25 years ago in 1996 back when 2G was around. This Commission and everyone watching knows that is a bunch of bull manure. There's a playground nearby to this tower did you know that. Michael Yee, do you remember the voicemail you sent me regarding, hang on. Do you remember the voicemail you sent me regarding Resolution 678-20? The ceasing of the build out of 5G. You told me there was no 5G on this island and I found out otherwise right afterwards. T-Mobile has got it on. There is 5G here. You better cover your tracks Michael Yee because I plan on finding out you knew otherwise. You also said it was not a law or County Code. So, eight of our nine Council members voted for something and you can't stick up for us. Not cool. EXHIBIT B 5 This agenda to put up anew tower this is your j ob to stop it. Is it because there are dropped calls happening, all these new towers going up in towns where there's great reception currently already, why is that? Are you preparing for 5G Michael? Helping out big telecom? So, you don't want to lose funding at the expense of your constituents, the residents of this island. We cannot use health reasons on this testimony. LEY: Please summarize. ELMER: That is the most ridiculous idea I ever heard. We can use hell reasons though. If you do not protect us from the towers and the harm that they cause. If you believe in a God at the end of this life you will not be seeing heaven. Thank you, Windward Planning Commission for convincing this guy Michael Yee to do his job. Aloha. RAFFIPIY: Thank you Mr. Elmer. Do you have any questions from the Commission to Mr. Elmer? No questions. At this time, we will have Battalion Chief Kazuo Todd, Hawaii Fire Department. Mr. Todd you're on. TODD: Hold on a second, alright can you hear me? RAFFIPIY: Very clear. TODD: Okay, my name Battalion Chief Kazuo Todd and I'm representing the Hawaii Fire Department in support of the telecom tower and this is for Hawaiian Paradise Park and the reasoning behind the Hawaii Fire Department support for these facilities is that it does help to increase the quality and the nature of a call system for the cellular. The Fire Department uses a variety of technologies nowadays that allows us to connect to our varying units out in the field and as we increase the quality of the cell phone towers and the connections for that it allows us to implement better communications it allows us to have the kind of connection with our units and protect the citizens of the County in a more effective manner. We've rolled out a lot of technology in the last two years that is cell phone based and runs through data connections that runs through cell phone towers. This is for redundancy and for building a better more robust system. As such, any power that's going in that can help us improve the coverage and produce a better outcome for the citizens is something that the Hawai i Fire Department is in support of. That's pretty much the crux of my testimony today and that's it for me. Thank you very much. RAFFIPIY: Thank you Mr. Todd appreciate it. Do we have any questions from the Commission to Mr. Todd? Mr. Clarkson go ahead. CLARKSON: Yes, I just am curious as to whether even with the use of the cellular system for communication with the units in the field whether the Fire Department and other agencies of the County are going to still maintain an independent radio system as a backup for failure. Perhaps, fiber nets or other aspects of the cellular system. EXHIBIT B 6 TODD: So, yes, we also have our own radio system that is used for our department. I guess the differences in the usage is for the different types of systems. One is used for radio transmission through our radio systems but for like the cellular cyber it's more for data transmissions so we're using that to connect our laptops and transition data on like what's going up in the field prior to us arriving. What kind of information can we learn prior to showing up on a scene and so we are allowing us to use the cellular systems allows us to hook our 9-1-1 operators and the CAD Systems into our operators in the field and transition that data without tying up like our radio lines which are not quite built for that concept in mind. CLARKSON: Just a follow-up, the cellular system allows you to exchange videos of scenes whereas the radio system obviously does not. Is that correct? TODD: That is correct and that is something we're rapidly trying to implement in terms of trying to be able to get that video that's going on the scene sent to our dispatchers and then get it out to the field and implementation of technology like drones and streaming of stuff like the fires that are going on right now for better command decisions. So, for us a better and more robust cellular system is beneficial to providing a better service to the community. CLARKSON: Thank you, that's all for me. RAFFIPIY: Thank you Mr. Clarkson, any other questions Commission? Thank you, very much appreciate it Mr. Todd. Thank you for your time. At this time, we're going to who is next to Fire and that will be Martha Stephens. Martha you are on. Martha Stephens are you here? Staff do you see Martha Stephens. STEPHENS: Can you hear me? Hello. RAFFIPIY: There she is. STEPHENS: Sorry, I haven't been able to get on this platform today so, I don't have my video but I'm glad you can hear me. My name is Martha Stephens and I live in the Captain Cook area and we have been watching towers and things go up. I actually was one of the people that found out about 5G from the T-Mobile Company being in there having my phone serviced. They said, oh yes, we already have T-Mobile and as soon as AT&T comes in, we're building everything out as soon as they acquired AT&T. So, we know that's going on. I go into town now and I have problems being there but, that's beside the point. I'm originally from Silicon Valley, I've been here for 15 years, I do interior design and fine arts, so aesthetics is a huge thing with what's going on with these massive towers. I also have done hundreds and hundreds of hours in research and study in regard to the high-tech usage of these things and what they're for and from my understanding there's already new technology that is faster than this. I'll read my testimony right now. Dear Planning Commission. Please reign in and control the International Telecommunications Industries 5G towers in Hawaii. The telecom industries have obviously, criminally positioned themselves years ago through the federal government to shove their overreaching technology EXHIBIT B 7 through while everyone was still ignorantly asleep. The unethical plan of the uncontrolled global Internet of Everything. This is about the Internet of Everything and blanketing the earth using the entire frequency range. It's not just for radios it's the entire frequency range. It's a weapon, this is a war. What our trusted Hawaii County decision makers can please do now is reign in and place control on the location and output of these high-powered towers. The Big Island is anyway. Please make it mandatory that they are monitored by a third-parry inspections of radiation emissions within the regulated range every quarter with certified reports submitted to the County. They will already have transmitters and repeaters everywhere. This 5G has to have towers like every 300 feet so, the amount of electricity that will be burdened on the environment. We are already like supposedly going into sustainability but, this is not sustainability. No need to have these unsightly towers around populated areas. The best thing to do of course not allow them in pristine Hawaii at all. I mean this isn't Silicon Valley we don't need to blanket the whole island with houses. Where I came from when I was a child it was all orchards and grew a lot of food and now of course because of high tech having that much high tech. This place will be packed with people from there from all over the world. I mean, anyway. The best thing to do which not allow them at all. But it is in your control. The Internet of Everything will control every aspect of our bodies, finances, and the physical objects on the earth by monitoring and quantifying them. That's what this is about. Complete dominion by an elite few will be laid with the internet of things. The Internet of Bodies look these things up, get curious and quantum finance. We're in a great reset right now they want to go cashless and this is their plan to do it. They want to be able to tell what your blood pressure is I mean there's patents. LEY: Sorry, Martha your time is up. Thank you. STEPHENS: Thank you very much. JACKSON: Chair Raffipiy, you are on mute. RAFFIPIY: Thank you very much appreciate that. Thank you, Ms. Stephens and do we have any questions from the Commission to Ms. Stephens? No questions. We'll move on to our next testifier that will be Jennifer Meyers. Jennifer Meyers you are on. MEYERS: Aloha, can you hear me? RAFFIPIY: Yes, ma'am, go ahead. MEYERS: Okay, I am a resident of Hawaiian Paradise Park. I am you know I've got children that have grown into techies and that are adults living on the mainland. I look at the fact that just a few years ago we would not have been able to have a meeting like this if it were not for the advancement of our technology systems. I'm a believer in science, I'm not a believer in EXHIBIT B 8 conspiracy theories I think that we really need to advance as much as we possibly can. I am in complete support of 5G towers and I really don't mind sharing my neighborhood with them. So, I just hope that you can take this to heart. I understand and I hear the words of a lot of people that fear this kind of change. I'm also told by my own children that the amount of radiation that is let off from these is no more than a remote control from a television set. So, I am, and these are kids that have just graduated from Ivy League Universities. I really hope that you continue with this program and we need this right now we're in a world pandemic. We're in a time of massive change, we need to be educating our children, we need to be able to have access to meetings such as this and I really think that 5G is our avenue to be able to do this. Aloha, thank you so much. RAFFIPIY: Thank you very much Ms. Meyers. Do you have any questions from the Commission for Ms. Meyers? MEYERS: I have no further questions. I just really, I just want you to take my heartfelt support. RAFFIPIY: Thank you very much appreciate it. At this time, we're going to have Major Andrew Burian from the Hawaii Police Department. Mr. Burian you're on. BURIAN: Thank you. Good morning Commissioners. This confirms our earlier written testimony that was submitted on February of 2020. RAFFIPIY: Excuse me Mr. Burian can you turn on your video please. BURIAN: I do not have video. RAFFIPIY: Oh, okay go ahead. BURIAN: Our Department supports the application to build this wireless communication facility in Hawaiian Paradise Park because of its benefit to public safety. In concert with the County owned Land Mobile Radio system, our Department and its officers depend upon cellular coverage to do their jobs efficiently. In the event of poor Land Mobile Radio coverage or reception cellular coverage may provide a vital means of communication which helps ensure officers safety, and in turn increases public safety. The site being considered in Hawaiian Paradise Park is vital for building our network for our community and will provide a more reliable network for our department, other emergency services, and the public. As an example, our Department is increasingly using mobile data terminals (MDT's) which are in the vehicles of our officers, our subsidized vehicles. These rely on a cellular connection they do not rely on the Land Mobile Radio system. This echo's what Chief Todd had said the two (2) systems are distinct. Land Mobile Radio will not be eliminated in anytime in the near future that is essential for our communications. But the cellular network is also essential for our Department and the functions that we conduct. EXHIBIT B 9 It was implied again earlier about video streaming we have Next Generation (NG) 9-1-1 which is starting to come on board and what this will eventually allow right now we can text into 9-1-1. So, that allows the public additional means to report emergencies you know if they're in need of assistance. Maybe they are not able to make a phone call this allows them to text into 9-1-1 to our Public Safety Answering Point our(PSAP). So, eventually this will allow us to receive video through cellular networks that's part of NG 9-1-1. So again, our Department does support AT&T's application and that's all I have to testify in regard to, thank you Sirs. RAFFIPIY: Thank you Mr. Burian appreciate it. Do we have any questions from the Commission to Mr. Burian? No questions for Mr. Burian. BURIAN: Thank you. RAFFIPIY: Thank you. Debra Greene before you go into your testimony, did you, did I swear you in Ms. Greene? GREENE: I was present at that time but I'm happy to be sworn in again. RAFFIPIY: Okay, let's do it. You can turn on your video please. GREENE: I don't have video, I'm sorry. But I do agree to tell the truth. RAFFIPIY: Okay, do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? GREENE: I do, and I am raising my right hand. RAFFIPIY: Thank you very much you may proceed. GREENE: Thank you. Commissioners thank you for your service to the community. We realized that the AT&T lawsuit has put you in a difficult position and we commend you for your prior decision to protect the community and honor the will of the people in denying the permit. We are asking that you please deny or defer the permit. Once again, I'm curious as to how much written testimony you received on this issue if you said that earlier I must have missed it. So, if that could be shared at some point that would be great. You guys do have the power and authority despite what AT&T and telecom representatives might say you have the power and authority to regulate these towers. We believe the towers are not needed it will adversely impact this community's character and the surrounding properties. This thing is completely over built twelve (12) AT&T antennas, a GPS antenna, and thirty-six (36)radio heads that will act as boosters to make the signals stronger. All of that is unnecessary and is not needed for the Fire Department, Police Departments, or other public servants. EXHIBIT B 10 Much of what this tower can accomplish can be accomplished with fiber optic cable, which is faster, it's safer, its more resilient, its more secure, and it doesn't spray out wasteful wireless radiation everywhere. Towers and wireless infrastructure are super energy hogs they actually use 25% more energy, and this isn't compatible with Hawai`i's energy goals. When telecom is using fiber optics in the area so please check that out. If in fact you must approve the permit, we ask that you require third-parry inspections of the radiation emissions and have these done every quarter with certified reports submitted to the County. Unfortunately, telecommunications companies have proven themselves untrustworthy and so they need to be held accountable. We are also asking for proof of insurance required and that policy must not exclude personal injury or damage liability from exposure to radiation. LEY: Please summarize. Thank you. GREENE: Should be issued by an a-rated company and we are also asking that you please protect cultural resources and require some kind of archaeological survey done beforehand. So, thank you. RAFFIPIY: Thank you very much Ms. Greene. Do we have any questions from the Commission for Ms. Greene? Okay, thank you very much. That's the last testifier on the list. Do we have any question from the Commission? Okay, if no questions I would like to have a, I need a motion to close the public hearing. Go ahead Mr. Au. JACKSON: Commissioner Au you are on mute. RAFFIPIY: He's actually on mute. Still cannot hear Mr. Au. Try again. AU: Can you hear me now? RAFFIPIY: Yes, sir. AU: Okay, I move to close public testimony. AGUINALDO: I second, I second. RAFFIPIY: It is moved by Commissioner Au and seconded by Commissioner Aguinaldo to close the public hearing. Any discussion? All those in favor signify by saying aye or raise your hand. COMMISSIONERS: Aye. RAFFIPIY: Opposed? Okay, motion to close the public hearing carries. We are going into the presentation, I'd like to remind the public that this meeting can still be viewed on YouTube, live streaming on YouTube. So, at this time, we are going into the staff presentation. Jeff are you making the presentation? EXHIBIT B 11 JACKSON: Chair Raffipiy, I will be giving the presentation. RAFFIPIFY: Thank you very much Maija go ahead and make the presentation please. JACKSON: Okay, please give me a moment to share my screen with you. LEY: Excuse me, this is Rachelle. Can I ask that the testifiers disconnect from the meeting and watch via YouTube thank you? JACKSON: Okay, can the Commissioners see the slide that says AT&T Mobility? Great, thanks Dean. Alright, so this is a Stipulation by United States (U.S.) District Court staying the action to allow further consideration by the Windward Planning Commission. The action was to deny the permit. AT&T had requested a Use permit to construct a new telecommunication facility, consisting of a 100-foot tall self-supporting monopine tower which would be 105 feet tall with the branches, with twelve (12) antennas and related facilities within a 1,054 square foot portion of a 20-acre property. The purpose of the project is to expand coverage within the Hawaiian Paradise Park subdivision and provide a needed site for the FirstNet program, which is the Country's first nationwide communications platform dedicated to public safety. So, I'm just going to go over a quick chronology as to how we got here today with this application. In November of 2019, the Applicant submitted the Use Permit Application to the Planning Department. On February 6, 2020, the Windward Planning Commission held their first hearing, and the Motion was to continue the matter to the next hearing. Which was March 5, 2020, at that hearing the Windward Planning Commission made Motion to deny the application and that Motion was approved. Then the Commission instructed staff to create a Findings of Fact, Conclusions of Law for that denial recommendation. On June 4, 2020, the Commission approved the Findings of Fact, and Conclusions of Law to deny the permit. You should have a copy of that Findings of Fact, and Conclusions of Law. Then September 1, the U.S. District Court issued the Stipulation which you should also have a copy of staying the action denying the permit to allow further consideration by the Windward Planning Commission. As you know, the project site is in the Hawaiian Paradise Park subdivision it's located on lot owned by the Association at the corner of 17th Avenue and Maku`u Drive which is shown by the red dot on the slide. The Applicant has submitted some information to the Commission and in that packet information they provided two (2) revised site plans. I have them on the slide I can put them up as the Applicant explains the changes. But just real generally they are proposing to move the tower location 10 feet to the southeast and so these two (2) circles that you see on the slide. The blue circle shows the 105-foot radius from the previous proposed site. So, you can see that circle comes pretty close to an abandoned basketball hoop as well as the playground. The new proposed site which is in the southeast corner of the lease area is shown the 105-foot radius is shown in the white line. So, you can see that brings the 105-foot radius a further away from the basketball hoop and playground area. That concludes my presentation. I can keep those two (2) slides up if the Commission wants to see them as the Applicant is providing their information. EXHIBIT B 12 RAFFIPIY: Thank you very much Maija. Do we have any questions from the Commission to Maija? Okay, no questions. At this time, we'd like to have the Applicant make his presentation. I know that Mr. Tomlinson was already sworn in when we had sworn in everybody. So, Mr. Tomlinson is it only you from the Applicant or do you have members of your team that will need to be sworn in? TOMLINSON: Okay, thank you, good morning. Aloha Mr. Chair and members of the Windward Planning Commission and Director Yee. As you know, my name is Andrew Tomlinson and I'm here with Katherine Garson and we're representing AT&T. RAFFIPIY: Yes, sir. Mr. Tomlinson, do we need to swear in Katherine cause I know you are already sworn in but I'm not sure if Katherine was sworn in. TOMLINSON: Oh, okay. I'm sorry, Katherine? GARSON: Hi, Chair. I am their attorney from Carlsmith Ball, I'm representing AT&T and one of their attorney's in the litigation. RAFFIPIY: Okay, I would need to swear you in please. Can you please raise your right hand, do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? GARSON: Yes, I do. RAFFIPIY: Thank you ma'am. Mr. Tomlinson you may proceed. TOMLINSON: Thank you Mr. Chair. I just want to ask real quick first from the Commission if anybody had any questions stemming from testimony given earlier? If not, I'll summarize some of the information that was presented to you. When we last met you know we were at staying home orders and unfortunately, we're still under the same conditions. But this ongoing crisis actually really highlights the quality, the necessary conditions that requires wireless broadband service for the benefit of the community and safety of the community. This proposed site at Hawaiian Paradise Park was chosen to fill a really significant gap in coverage and it's going to facilitate a faster and more reliable network for the underserved part of the island. It's going to become a vital infrastructure node for public safety and emergency responders as part of FirstNet. AT&T is providing you with further information as Maija pointed out regarding the 105-foot monopine tower at Hawaiian Paradise Park. I just wanted to clarify it's a 100-foot tower with 5-footer branches and as Maija showed in Attachment A we provided you with a revised plot plan of the proposed facility relocating. In my written testimony I presented as approximately (ten) 10 feet it's actually thirteen (13)point, thirteen (13) feet and two (2) inches is the exact measurement. We listed as ten (10) feet to be conservative and its moved to the northeast of the licensed area within Hawaiian Paradise Park Homeowners Association lease. The new location is proposed, the relocation of the tower will move it further away from the abandoned basketball court and the playground area on the Hawaiian Paradise Park Homeowners EXHIBIT B 13 Association property. Again, Maija pointed out the map, if you want to bring that up Maija the Exhibit B, if you could. Oops, I think Maija is on mute. JACKSON: Just give me one minute here. TOMLINSON: Absolutely. JACKSON: Okay, can you see that? TOMLINSON: Yes. So, as Maija mentioned we relocated the tower, the monopine off to the northeast and you'll see as she pointed out you'll see the 105-foot radius. The white circle is from the new location and so the abandoned basketball hoop is 124 feet away and the corner of the fence at the playground is 151 feet away from that new location. I also like to take the opportunity to emphasis the structural integrity and the design of the proposed tower. In Attachment C that we provided to you is the Structural Professional Engineer letter submitted to the Commission at the March 5th hearing and to summarize it provides information regarding how the monopine will be designed and built for structural integrity pursuant to State and County Standards. As is noted, the State of Hawaii and the Hawaii County Code adopted the 2006 Edition of the International Building Code as their standard. This Hawaii County Building Code requires a telecommunication towers together with the initial antenna and equipment must withstand winds of at least 100 miles per hour. AT&T requires that its towers adhere to the more stringent 2018 Edition of the International Building Code. AT&T requires its new towers and initial equipment installation to be designed to withstand winds of up to 120 miles per hour which exceeds the Hawaii County Building Code requirements. A principal objective of the proposed facility is public safety as you heard from the Fire Department and the Police Department. The construction of the proposed facility will not only expand the wireless phone service in the area for the general public but also expand FirstNet coverage in Hawaiian Paradise Park area. FirstNet was authorized by Congress and developed through the U.S. Department of Commerce and is being built through a public-private partnership with AT&T and local governments. The network gives first responders priority in emergency situations to send voice, text, images, videos, location information, in real time. Enables information sharing across disciplines and jurisdiction. The network also dramatically increases situational awareness. Supports faster, more effective responses in emergencies and disasters and provides public safety users for the assurance of network access whenever they need it. The proposed facility would be part of the FirstNet Network in Hawaii. Denial of the application would leave a significant gap in network coverage from potentially compromised public safety in the area. The FirstNet authority actually submitted a letter in support in June. They stated that the FirstNet authority's mission is to provide and maintain a single, and inoperable platform that consistently satisfies the demanding communications needs of the public safety community in Hawaii and across the country. New radio access sites are essential to the success of the program and delivering the mission critical coverage public safety needs to communicate and save lives. EXHIBIT B 14 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 that if you have the opportunity to do so obviously out in a rural area where there is a 20 acre possibility for selecting a site that you please move the towers to where if it falls over it's not going to hurt anything. That's my only comment. Thank you. RAFFIPIY: Thank you Mr. Clarkson. Mr. Au go ahead and after following Mr. Au, Mr. Replogle. AU: Can you guys hear me? TOMLINSON: Yes. AU: Okay. I'm having issues with my mic. Mr. Tomlinson, I have a question regarding the movement of the tower. Maija, can you bring up that screen that Exhibit that shows that it was moved 13 feet and 2 inches within that square. I kind of want to point reference to the structure or the square itself. So, Mr. Tomlinson the question to you is why couldn't you have moved it, I mean why exactly 13 feet and 2 inches could you have moved it more within that square? I guess yeah could you just explain the reasoning. I mean I know the reason why you moved it for public safety and for it to be move it away from the basketball court but you know why exactly 13 feet and 2 inches could you have moved it a little bit more 15 feet 2 inches or 20 or 30 feet 2 inches maybe can you explain that? TOMLINSON: Yes, yes, I'd be happy to. So, under Code for design purposes we need to have a certain distance from facilities from the edge of our lease area as well as we need to accommodate the branches for the tower so that they are within the lease area. So, we worked to move it as much as we could within that area while still maintaining the Code and as well as staying within our you know the lease area from the branches standpoint. AU: Okay, so, so basically what you are saying is there is a setback requirement within your lease land, and everything needs to the tower and its branches needs to within that setback or within — TOMLINSON: Yes. Yes, exactly the envelope above straight up so we can't encroach outside our lease area. AU: Okay, so in the prior meetings you know we did discuss the issue of your organization possibly renegotiating a new lease with the HPP Association and how that would affect this particular Special Use permit. Have you even had that conversation with HPP Association? TOMLINSON: So, it's not clear whether we'd be able to move to another location within Hawaiian Paradise Park. We would have to renegotiate an obviously a new lease, redesign the facility and we would actually need to reapply for a Use Permit Application. So, in terms of the public safety aspects FirstNet very much wants this facility to be on air as soon as possible. So, there's a lot of factors involved that make it somewhat prohibitive to end this lease let's say and move to some new location we don't have any assurances on that from their Board. EXHIBIT B 16 AU: Okay, thank you for those answers you know I do share the same concerns as my fellow Commissioner Clarkson has about your organization just not even trying to get a new lease and moving it 50 feet away within the same property. It kind of raises questions like, it raises questions for me that our organization rather go through litigation and just to try and get a new lease and take that route. But you know we are here today, you know and we did get the remand from the U.S. District Court so, again we are here where we at today and we cannot use health reasons as a concern. But I do share the same comments and the same sentiments as Commissioner Clarkson. So, thank you for that— TOMLINSON: That's understood. I would also like to clarify if we did make a 50-foot move hypothetically within that area we would also have issues with proximity to the HOA office as well as the property line and the Maku`u Drive behind us. So, the location would have other factors being involved that would constrain it. Thank you. RAFFIPIY: Thank you very much, Mr. Replogle you are on. Mr. Replogle? REPLOGLE: Okay, I had it on mute. Thank you and thank you Mr. Tomlinson. So, I'm hearing about public safety and how much this tower will help protect our citizens and in this time of online education for students having good access is important. Things are as they are at this moment but, people have brought up in new testimony today with regards to having the towers checked, I've heard quarterly but I don't see why it could be bi-annually or annually for emissions or anything that the public right now is supremely concerned about and other people with science backgrounds claim there is no problem. My question or proposal to you Mr. Tomlinson and the rest of you is that you don't come before us again with a tower without having that available for the public. So, in essence you were saying hey, if you were physically hurt by this tower you can sue us, and we are going to test it at a certain time in each year to see if there is emissions or not. With that in place you would in essence be pacifying everyone I believe and if there were problems you would want to address them and if there are no problems then you are giving the public peace of mind. So, public safety would be the main goal all the way around for the tower. Hey, that's my input to the cell tower people rather than have us have to go through this every single time you guys come and we're going to approve it but, you know, come on give us something. Anyway, thank you. TOMLINSON: Can I respond Chairman? Just to clarify. RAFFIPIY: Go ahead. TOMLINSON: As part of our application AT&T provides an analysis of the maximum permissible emissions report which it basically shows in layman's terms shows what the emissions would be as proposed for the tower and it is less than the basically the worst case scenario and that's less than one percent of the FCC's standard at ground level. The FCC regulates AT&T as well as other vendors that's part of the FCC jurisdiction for telecommunications towers. So, as part of our application we do provide that information on a worst-case scenario. EXHIBIT B 17 REPLOGLE: Thank you I understand that and what you were saying I guess I'm sort of proposing another way of I don't know in the newspaper the towers have been checked everything's cool contact this number if you have questions providing peace of mind to the public. Whereas right now FCC's monitoring it, regulating it, doing all of that but your general average person in the community is unaware of that. They think they are being bombarded by x- rays and all kinds of stuff. Anyway, thank you for your response. TOMLINSON: Thank you I understand what you're saying, thank you. RAFFIPIY: Thank you very much, any questions, any other questions? AGUINALDO: Yes, I do. This question is for Andrew. I'd just like to say that you know all the other Commissioners spoke their feelings and I'm going to share mines too. Number one is for us is public safety, yes, we heard it from Police Department, Fire Department about our technology we heard it for right now what we're going through. Social distant learning yeah, a lot of people don't have internet access and they use this as their source of access to the internet for educational purposes. If you say you guys did your homework, I'm looking at the map right now Hawaiian Paradise Park Owners Association owns three (3)parcels, okay, three (3)parcels. One property is above where your site is, and they own the other property below. Why is, you know I get it and don't have to, I'm going to be up front you guys wanted to get to the closest utility as possible because you don't want to cough up any more change to tie into utility. Why, why in that area and you can move it 15 feet, you can move it further and again it's like we got our hands tied because quick you guys go to litigation. I'm going to seek my attorneys. I'm a local boy, you guys like sit down and hash things out you do it the old school way. You get the community involved, hey, it's a win-win Andrew. Sometimes you got to give and take and not always go that route are you guys going to maintain cutting all the Albizia trees? Now see, that's a big thing too you guys are not looking at right now. We get Albizia trees right there, why in that corner and I get it, it's that corner looks perfect because everything is right there. But guys got to be able to give back to this community. Now, you know if we do one for one is one for all. Right, you know I mean look at it. We got to really look at it and we addressed this before that they have their property is so massive, they have another 18 acres right above this and they have another one below it. That one has nothing 20 acres. Why in that specific location? You know and that's my thing is that they addressed their concern pertaining to the cell tower sometimes you know it's not favorable because they have a lot of complaints by the community. Gotta win win. You know got to find that common ground balance a comment once said is it going to be monitored by a third party. You just said FAA. Is that possible? Are you willing to dig deep and provide that information if that was even legal or possible? You know and that's my thing you know internet access is very important it's a vital source for all of us. We all you know I have a cell phone but at the same time how many more cell towers are going to pop up. It's the same thing like up in Mauna Kea, they like built one big telescope EXHIBIT B 18 but they not taking down the old ones yet. Now, are you guys going to maintain the pre-existing ones or are you going to take them down? So, that's the thing now. So, now you guys can say well this area need more cell service because there's a radius it's only going to cover. That's my thing is just being upfront, and I just wanted to share because you put us. You have your attorney in there she can hear me. You guys put us in a situation of hey if we do it, we going do this. We are here to serve our community and our County. That's kind of like what I have to share is please look into other things. Your presentation, I'm just looking at right now. There are three (3)properties right outside of this area where hey if it falls it falls it's not going to fall into the next street or neighbor. Out of sight out of mind. So, that's kind of like what I have to share. Thank you. RAFFIPIY: Thank you Commissioner Aguinaldo. Mr. Tomlinson I'd like to ask just one question for you and it's not related to the fall radius. It's just something that just came to my mind, as Battalion Chief Todd did his presentation and that is with HIPAA. So, I understand it's going to be potential and possibility of telemedicine, you know taking videos out there and sending it back to dispatch or sending it up to the hospital or there's going to be some kind of cross stalks as they are monitoring the patient. So, you can guarantee that these transmissions of medical is not going to be going out there where anybody can come in and intercept it and broadcast it online? You can guarantee that to people of Hawaii? TOMLINSON: Yeah, I think I understand your question regarding security of data and under HEPA. Thank you, sorry I couldn't hear everything perfectly, sorry I apologize. So, the system used by FirstNet and our first responders with that information is their own network. I am not a network security expert but. it is not accessible to the public. That Band 14 is for the first responders' network and in terms of the specific HIPAA compliance I would have to defer to network security specialist on that to be honest. But it is a network that is not openly available to the public. RAFFIPIY: Thank you very much appreciate that and that's the only question that I have. Any other questions from the Commission? If there's no questions from the Commission I need a motion for action. TOMLINSON: I think Commissioner Au had a question. RAFFIPIY: Commissioner Au go ahead. AU: Thank you. Another question for Mr. Tomlinson. I don't know if you can answer this question but, my question is how is Resolution 670 the most recent Hawaii County Council Resolution that was passed regarding 5G. How is this going to affect this application or this tower moving forward and how is it going to affect future towers? TOMLINSON: Oh, that's a big question. In this particular case the technology being proposed for this tower is 4G. So, the Resolution will not have a direct effect on this application. AT&T will be deploying 5G, that's in the plan. I do not know the specific plan for this tower to be EXHIBIT B 19 honest with you. But, in terms of Hawaii and the County of Hawaii there are plans to deploy 5G. Does that answer your question I'm sorry? AU: You are answering my question and I don't know if you are the person to be asking this particular question because you know we kind of going in the realm of politics and future towers you cannot speak on behalf of future towers cause that's not what the application is for. But I was just curious and there is a lot of controversy going on with this and this one Resolution that got passed to the Hawaii County Council. Other issues will come up, other Resolutions, other Bills will all come up regarding 5G. So, again this has nothing to do with this application but just wanted to ask that question. So, thank you very much for your answer and answering to the best of your ability. RAFFIPIY: Mr. Au, Mr. Clarkson your question? CLARKSON: I just have one more comment about future sighting for Mr. Tomlinson. One other aspect of these towers that people have talked about is their aesthetics. Even if you dressed them up with faux pine branches, I mean that helps but it's pretty hard to make a cell tower attractive even with them. Maybe some Christmas lights seasonally would be helpful but, I'm kidding Just as a reminder that further away from public roads you put these towers especially in a flat area like Paradise Park the less visible they are the more acceptable the aesthetics would be. So, that's just another reason for trying to get them as far away, within the necessary functional area as far away from public roads,parking lots, houses not only from the fall radius aspect but the aesthetic aspect. So. RAFFIPIY: Thank you very much Mr. Clarkson. Any other questions from the Commission? If there are no questions, I need a Motion for Action. I need a Motion for Action from the Commission. CLARKSON: I'd make a motion, but I don't have the recommended language right in front of me. So, I'm waiting, I'll second, motion for approval. RAFFIPIY: Do we have a second? CLARKSON: Okay, I'll give it a go without the recommended language sitting in front of me, I apologize. REPLOGLE: Joe, I have it, if you liked me to. CLARKSON: Please. REPLOGLE: Okay, I move the application for a Use Permit Docket Number 19-000082 be approved based on the Planning Director's recommendation which shall be adopted. RAFFIPIY: Second? EXHIBIT B 20 CLARKSON: I second that, I want to make sure the motion accommodates the changed site plan of the Applicant. Because you're referring to the Planning Director's recommendation that "—" may not refer to a revised application. REPLOGLE: Okay, let me say it again. I withdraw my former statement. Now, I say, I move that the application for the Use Permit Docket Number 19-000082 be approved on the Planning Director's recommendation and the agreement of AT&T to move the tower thirteen (13) feet and two (2) inches further away from the parking lot area shall be adopted. CLARKSON: Second. RAFFIPIY: Okay, it's been moved by Commissioner Replogle and seconded by Commissioner Clarkson that the motion be approved based on the Planning Director's recommendation and the agreement to move the pole thirteen (13) feet and two (2) inches northeast as shown on the map which shall be adopted. Do we have any questions, comments, or discussions? Maija, go ahead. JACKSON: I would just like to ask for clarification from the Applicant because their material reference that the tower location will be moved ten (10)to thirteen (13) feet to the northeast but when I look at the diagrams it looks like it's being moved to the southeast. So, can we get confirmation of that? RAFFIPIY: Okay, it looks like on the plan that we have it looks like its moved to northeast the top right-hand corner move up there that's northeast if the orientation of the map is correct. TOMINLSON: Yes, so just to clarify Maija the orientation of the aerial image is shifted a little bit for paper purposes but, it is to the northeast. To be specific the plot plan shows the exact as Exhibit A shows the exact movement where the new location is,proposed location within the lease area. If you want to include that as an Exhibit, it shows the location. JACKSON: Thank you. RAFFIPIY: Thank you very much, any other comments, discussion? Okay, no comments, no discussion. Staff can you take the roll call vote, please. JACKSON: Commissioner Replogle? RAFFIPIY: Unmute please before you speak. REPLOGLE: That's unusual (laugh), aye. JACKSON: Commissioner Clarkson? CLARKSON: Aye. JACKSON: Commissioner Au? EXHIBIT B 21 AU: Aye. JACKSON: Commissioner Aguinaldo? AGUINALDO: Aye. JACKSON: Chair Raffipiy? RAFFIPIY: Aye. JACKSON: Okay, the motion carries 5-0. RAFFIPIY: Thank you very much, Applicant you will be notified of the Commission's decision in writing. Thank you very much. TOMINLSON: Thank you thank you very much for your consideration. The discussion ended at 10:58 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Temporary Assignment Secretary Windward Planning Commission EXHIBIT B 22