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HomeMy WebLinkAbout2021-01-07 Windward Exh A (Public Testimony USE 20-000084) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JANUARY 7, 2021 Public testimony regarding the application of AT&T MOBILITY (USE 20-000084)was called to order at 9:10 a.m. via live-stream online meeting, with Chairperson John Replogle presiding. COMMISSIONERS IN ATTENDANCE: Dean Au, Gilbert Aguinaldo, Joseph Clarkson, Thomas Raffipiy and John Replogle ALSO IN ATTENDANCE: Malia Hall, Esq. (Counsel for the Commission), Jeff Darrow, Deputy Planning Director), John Mukai, Esq. (Counsel for the Planning Director), Maija Jackson (Temporary Assignment Planning Program Manager), Alex Roy (Planner), Tracie-Lee Camero (Planner), Rachelle Ley (Secretary to the Planning Director), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) APPLICANT: AT&T MOBILITY (USE 20-000084) Application for a Use Permit to allow the construction a non-manned telecommunication facility consisting of a 100-foot tall monopole with related equipment within a 1,050-square foot portion of a 441-acre property situated in the County's Agricultural zoning district. The subject property is located at 13-3820 Pahoa Kalapana Road (Highway 130) northwest(mauka) of the highway about 0.28 miles north of its intersection with Kam5'ili Road, Kam5'ili, Puna, Hawaii, TMK: (3) 1-3-001: portion of 007. Secretary's Note: "—" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. REPLOGLE: Prior to the presentation of the first agenda item, oral public testimony will be conducted. We have five (5)registered to testify. All those who are here to testify,please turn on your cameras and microphones. I am going to swear you in at this time. Please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? TESTIFIERS: Yes. REPLOGLE: Okay, the list of testifiers all testifying on Item 43 AT & T Mobility. We have Chrystal Schiszler, Leila Kealoha, Jonathan Kealoha, Jose Romero and Kazuo Todd of the Hawaii Fire Department. I am going to ask you to turn off your cameras and microphones again and call you one by one. Until it is your turn to speak, 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 the sound of the signal telling you that you have a minute to wrap up your testimony. After three minutes, our 1 EXHIBIT A microphone will be muted, and I'll ask the Commissioners if they have any questions regarding your testimony. When there are not questions, I'll will ask you to log off for the reason stated earlier. Please be reminded 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. And finally, please state your name and the area of your residence before you begin your testimony. With that said, Chrystal Schiszler would you please share with us your thoughts. SCHISZLER: Yes, good morning everybody. Can you hear me okay? REPLOGLE: Yes. SCHISZLER: Okay, thank you. Thanks for meeting with us today. Yes, I'm hereto share with you guys, I am against this proposed cell tower near the Puna Forest Reserve. I feel this is not a good use of this land for this telecommunication facility. I know based on the Commissioner's recommendations in the report that I had read. They were saying according to the 1996 Federal Communications Act that these types of towers can be put in these types of neighborhoods as long as such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. But, actually according to US General Andrew Campanelli telecommunications towers that have been tested routinely emit above the FCC limit. So, the FCC is setting these limits but they are not enforcing them and these telecommunication companies such as AT&T are not being forced to measure these emissions on their own. So, this is a big concern to me considering this tower is going to be placed directly next this Puna Forest Reserve, which is home to the hawks, to owls, and to endangered bats. So, if these emissions are not being tested, they can potentially harm these animals and also the ancient ohia trees in this reserve and other plants there. So, you know that's a big concern to me. I feel like these companies should be made to test the emissions of their towers. Right now, that is not happening and so, you know, based on this alone this is a concern to the community. Also, these 5G, I know this is a 4G LTE tower that is being proposed but also its being proposed to expand the 5G network in support of this Next Generation technology and right now this technology this 5G technology is not being tested. The government, the Department of Defense who is funding and promoting these towers to cover that gap and coverage for the first responders. They are not allowing — CAMERO: You have one (1) minute left. SCHISZLER: Excuse me? CAMERO: One minute left to summarize — REPLOGLE: You have 1 minute left. SCHISZLER: Thank you, thank you very much. And so, yes, these 5G technology needs to be tested before it is put in the communities and also you know I recommend that the Commission 2 EXHIBIT A denies this proposed tower next to the Puna Forest Reserve. It is going to adversely impact the community's character and surrounding population and I feel like this alone is a reason this tower needs to be denied. This is a Forest Reserve. It is not a place for a telecommunication facility and also leaves the door open for other telecommunication facilities to be built on the same property. To me, that is irresponsible because this could be a huge telecommunications facility according to this report. With other companies such as Verizon putting towers here. 5G towers which have not been tested. This is no place for these towers. This is a Forest Reserve it should be protected for the community. This is unacceptable. This tower needs to be placed some place away from the Forest Reserve and away from communities. This is going to adversely impact this community very badly. So, thank you Commission. I appreciate you listening to my testimony and I hope you will consider what I've said today. Thank you very much. Based on what I've said this tower— REPLOGLE: Thank you. SCHISZLER: Okay, thank you very much you guys. REPLOGLE: Thank you Crystal. SCHISZLER: Aloha. REPLOGLE: Aloha. Next, we will have Leila Kealoha. JACKSON: Chair Replogle, could you ask the Commission if they have any questions for Chrystal. REPLOGLE: Okay, thank you. Thank you for that reminder. Fellow Commissioners do you have any questions for Chrystal? It appears not. Thank you again Chrystal. SCHISZLER: Thank you very much. REPLOGLE: Okay, we are going to move to Leila Kealoha now. Leila? KEALOHA: Hi, aloha. Can you folks hear me okay? REPLOGLE: Yes. KEALOHA: Okay, good morning. So, I'm here today because my primary home and residence is 13-3749 Old Kalapana Road and this has been part of my family's property for the past fifty (50) years. Where I'm located is less than a quarter mile from where this proposed facility is and you know I'm completely for there being expanded broadband for our community but, exactly what Chrystal was sharing is that this telecommunications facility that's being proposed to build is right across the street from my house basically is in a Forest Reserve. It's Wao Kele O Puna. This is a place of gathering for our people. This is not a place where I want to see a 4G tower put up expanding into a 5G tower that's going to possibly affect me and my family. Where my 3 EXHIBIT A home is and I'm also really interested to know how they are wanting to build this tower directly on where the lava just came underground and it's still sitting underground. This is a place where the dike of the 2018 eruption just came right under us. It cracked open my driveway. I haven't lived there for the last two and a half years but I just moved back home about a month and a half ago because I'm in the process of still building my home. I got this letter a few "—" about this. We do use this area for gathering, we do plant"—"we lost so much from to the ohia rod already in these forests. Like Chrystal mentioned, I do have bats, I do have owls, and I do have hawks. So, one of my questions to you folks is, is there going to be a 106 (C)process that's conducted with the lineal descendants and cultural descendants of the area. That's my "—"you know I'm really concerned with the monitoring of emissions from these towers. CAMERO: One minute left. KEALOHA: Thank you and so I'd like to see how they are going to circumvent this in the event this facility is actually able to be built because I'm completely not in support and I hope that my neighbors around me were able to submit their written testimony this morning. Unfortunately, my husband who was going to testify this morning was unable to make it. He had to work but, he is also concerned for the safety of our children because this home of ours that we built will be our children's home and our grandchildren's home. So, I really hope that you take into consideration that we are not in support of this being right across the street from our house. I appreciate your time today for listening to us and I do want to know if the 106 (C)process is going to be followed. Thank you. REPLOGLE: Thank you. Fellow Commissioners, do we have any questions for Leila? AU: Mr. Chair I have a question. REPLOGLE: Mr. Au. AU: Thank you Chair. Thank you, Ms. Kealoha for coming and testifying. Question to you is, you said that the lava flowed, the lava flow is flowed directly under where the tower was, can you just elaborate on that. Is that exactly where the proposed tower is going to be is that where there was lava? KEALOHA: Yeah, it's right there, I mean so if you talk to the United States Geological Survey (USGS) Hawaii Volcanoes Observatory the dike of lava expands anywhere from three hundred (300) to five hundred(500) feet wide underground and the depth of it is anywhere between fifty (50) to a hundred (100) meters underground. Right where my home is at, if you look on Highway 130 all the cracks that opened up on the Highway there was about I don't know eight (8) or ten (10) or so that opened up on the Highway. It's just before the, the road that goes up to into the Sanford's I`ilewa area and so it's either directly on top of it or right next to it. The property that is located right next to where the proposed facility is Heida is her name and she actually had some of the hottest cracks in the ground of recorded temperatures in that area. So, it's like right next door to that and so, the dike it stills sits there the lava underground is still 4 EXHIBIT A cooling. If you drive through the area you still see the steam some mornings are worse than others So, yeah, the lava is right there and it's moving more up rift meaning that so directly across where the proposed site is- if you go up Alii Road I mean it's just its death its total death the trees I mean and the forest in that area up there. So, I'm really surprised that they would be wanting to build that facility in that particular area as well too. AU: Okay, well what I was really asking Ms. Kealoha is, is it live lava that the proposed tower is going to be on not live lava but meaning the most recent flow. You were just indicating that the lava is potentially underground but is the actual lava did the lava flow go over the property? KEALOHA: No, it is all underground. AU: Okay, thank you very much I appreciate your time and thank you I see you in your car thank you for your time I really appreciate it. KEALOHA: Thank you. REPLOGLE: Are there any other questions from the Commissioners? RAFFIPIY: Mr. Chairman I have a question for Ms. Kealoha. REPLOGLE: Mr. Raffipiy. RAFFIPIY: Ms. Kealoha, Happy New Year and thank you for being here. KEALOHA: Thank you. RAFFIPIY: Question for you, you said your house is less than a quarter mile away from the proposed site. KEALOHA: Yes. RAFFIPIY: Do you know about how far away the house is? KEALOHA: It only shows on the map like where like the proposed site is. So I don't have like where the site is going to be like there wasn't anything in the letter that was given to us exactly where it is going to be there. But, they said in the letter to me that we are within less than a quarter mile of the site. RAFFIPIY: Okay, how about your property line? How far away your property line from the proposed site? KEALOHA: Its less than a quarter mile. RAFFIPIY: Okay. Alright, thank you. 5 EXHIBIT A KEALOHA: Thank you. REPLOGLE: Any other questions from the Commission? AGUINALDO: I have one. I have a question. REPLOGLE: Yes, Mr. Aguinaldo. AGUINALDO: Hi, this question is for Leila. Aloha, Leila, this is Gilbert. KEALOHA: Aloha, Gilbert. AGUINALDO: Hey, I just you know circumventing and just listening to Commissioner Au and your discussion. I'm like Leila, born and raised in Pahoa and I'm very familiar with what Leila indicated is Kama`ili Road. I guess they call it Kama`ili and Ala`ili. So, there's Ala`ili, there's Leila's house right there's the crack guys it's where the State Highway ended up making custom concrete man I don't know what you call it. They made some concrete pads. They are custom made to seal that crack so, that rift what Leila is talking about it goes straight up. So, from there they call that the Lower East Rift Zone. Based on that crack there it goes straight up to that acreage and Heida I'm familiar with Heida. I was supposed to work on her home, and she came to the Hub one day crying because she said there were just massive cracks coming down from there. So, basically its yes, we need cell service there is a lot of gaps but location again we got to really look at so as far as that lava that you know Mr. Commissioner Au was indicating there were off lava coming out from there. It was supposedly plugging from Fissure eight(8)plugging and coming back up. That was their true intent from the volcanologist if it did continue to erupt that from Fissure 8 was supposed to go cold and plug up and go more back up toward the mountain. So, basically with that there speaking about cell towers yes, it is an emergency item that we need because there is a lot of areas that don't have landlines. Yes, cell service is very important but, I just wanted to say that because Leila is just close to that crack — KEALOHA: Right on it. AGUINALDO: —the cell tower site because in that area I think if I understand correctly as well Leila, Sal Salvador lives up there too yeah? KEALOHA: Uh um', yes. AGUINALDO: Yeah, so Salvador owner of Luquin's have a big acreage up there as well. I'm currently looking at the map right now as far as that area there are homes in that area on Ala`ili Road. So, basically with that there so, for answering Dean's question too, the State came up with some massive concrete pre-cast road to seal that big crack and it was wide in that area. That was the only way in and out besides the road that they re-did again to go back to the National Park if the thing did cross. So, yeah you are pretty close to that yeah, Leila? 6 EXHIBIT A KEALOHA: Oh, I'm right on it. AGUINALDO: Okay, alright. That's it, I'm good. KEALOHA: Thank you Gilbert. REPLOGLE: Thank you Gilbert and is there anybody else? CLARKSON: Yes, I have a question not for Leila, thank you Ms. Kealoha. But, for staff, I'm surprised that we are hearing from all of the testifiers on every agenda item up front rather than after the presentations. I have to say in the background material that I got not all the maps and photocopies of the maps from the application were quite as legible as I would like them to be and I for one would have liked to have seen the staff presentation on this agenda item before hearing from the testifiers so we could I could understand more fully exactly where all these places are, where the houses are, and that sort of thing. Can someone from staff say why the normal meeting order has been modified to this meeting? JACKSON: Hi Joe, this is Maija we have been doing this for the last few meetings. I know we have at least been doing it for the Leeward meetings and I thought we had been doing it for the last couple Windward meetings. The reason that we are taking all the testimonies in the beginning of the hearing is because it is difficult to manage all of the screens of testimony, of testifiers before each item and so similar to how County Council does their meetings we're taking all testimony in the beginning of the hearing. CLARKSON: Will we be able to direct questions to any of the testifiers after the staff presentation? JACKSON: No, not at this time with the WebEx platform that we are using. CLARKSON: Okay, thank you. REPLOGLE: Thank you Joe. I have a question Leila. If you would be so kind as to explain the 106(C)process a little bit better. Like exactly what is it and I understand about the community outreach part but if you would be so kind as to enlighten us. KEALOHA: So, the 106(C)process is done when there is anything to do with the, well there's a, the 106(C) is a Federal process that is done with— REPLOGLE: Yes. KEALOHA: — cultural and lineal descendants of the area where there is something proposed to be done and so it's required federally for anything that's proposed to consult the lineal and cultural descendants of the area. There is also a State one I'm trying to I just can't remember off the top of my head this morning. But like I mentioned this area where were at is part of the wao which is an area of spiritual and cultural gathering and its part, it's right on the edge and within 7 EXHIBIT A the Wao Kele O Puna Forest Reserve "—" So, the whole area the wao because where the spirits dwell and you know already, we have the mining of I`ilewa up there on the top. Which is not something many of us are too happy with either. But that was never something that was brought to us back in that time as well. But so the process is to consult with the cultural lineal descendants of the area as well too. REPLOGLE: Okay, thank you very much. KEALOHA: Thank you. REPLOGLE: Are there any further questions from the Commission? Okay, thank you Leila and Jonathan is not here so, I would like to call Jose Romero next. ROMERO: Aloha everybody. My name is Jose Adame Romero. I live in Puna and I'm against the building of the tower in Puna. What was you going to say? Okay, whatever. So, I'm here to tell you because your guys already heard all the technology and all the harm that you know it comes down to title whatever. But this tower falls under a Forest Reserve and when I look at my aboriginal culture and I interact with the environment, I build this relationship with my environment and when you look deeper into that, that's called religion. The religion is your interaction and your understanding with the environment around you. When you put electro- magnetic fields (EMF) towers around the place it disturbs the environment and you might not see it right now, you might not see it in two (2)to three (3)years. But when you look it down the road it is a radiation of this magnetic fields that we are going to create is going to mess up the migration of the birds, bee patterns you know it is going to kill of the bees and if you don't believe this then you got to look back on your history with the whole chemical thing. If you guys want some information on that you should read "Silent Spring" and see what happened with the whole chemical and the weapons of war because electronic magnetic frequencies are weapons of war. You guys need to make some, stand up for something right in your life and not***** harm the environment. Aloha. CAMERO: One minute left. ROMERO: Thank you. Keep your minute man, you guys are a bunch of corrupt peoples anyways. REPLOGLE: Thank you Jose. Are there any questions from the Commissioners? AU: Mr. Chair, I have a question for Mr. Romero. REPLOGLE: Yes Mr. Au go ahead please. AU: Hi Mr. Romero thank you for coming and testify. I just have a quick question for you. How are you doing? Are you doing alright? 8 EXHIBIT A ROMERO: I'm stressed. I'm under direst, cause you guys, I'm still dealing with the tower you guys are trying to put in front my house. AU: Okay, well I just want to thank you for coming and testify you know and I also want to extend another thank you and thank you for your services to the United States of America and I really do appreciate you and just want to thank you for being here. ROMERO: Thank you, no appreciate it. REPLOGLE: Is there anyone else? Okay, Mr. Romero thank you and I concur with Mr. Au. Thank you for your service and for testifying. Next, we have Kazuo Todd of the Hawaii Fire Department. TODD: Okay, sorry. My name is Battalion Chief Kazuo Todd. I am from the Hawaii Fire Department and I am here to testify in favor of the cell tower. I can't speak to any health issues or stuffs that might affect the environment or anything like that. The reason why I am testifying is particularly because the area is Puna and we have lost some of our communication capabilities in the area so being able to bring back some of that ability to communicate with the cell tower systems or additional radio capabilities down the road is particularly important to the Fire Department. So, the Fire Department, Police Department and our EMS response rely on the ability to communicate through either radio towers and our radio system or through data that is being sent through these cell towers. More and more we are switching to a lot of data applications. In my warehouse which I run for the Fire Department I just received the latest batch of fifty-three (53) mobile data terminals and these mobile data terminals are actually going to end up inside of our engines and tankers and brush trucks and ambulances. What they do is they connect us back to the 911 dispatch system and through that cell system we are able to get information on the person we are responding to, their medical issues, or what's going on with the fire or if there are weapons on scene or things like that. That data is very critical for us to do a better job for the public. So, I'm assuring with any decision that your Committee has to make or Commission has to make there's positives and negatives right. The impacts as well as the benefits. The benefits in this particular case help us to provide a better service to the public in terms of saving lives and making a difference in the quality of life of the people in the area. Puna is especially needed as you know even the Fire Department lost one of our radio towers and enclosures and equipment down in the lava. It got covered over and was down by PGV. So, any additional capability in the area is useful for us to be able to get that critical life-saving information to our first responders and to be able to get information back to our dispatch and let them know what is going on scene and what kind of additional resources we may or may not need. So, for that reason the Fire Department is for expanding our capabilities to be able to communicate that critical information. That is all I have to say. Thank you very much for your time. 9 EXHIBIT A REPLOGLE: Thank you Mr. Todd. Fellow Commissioners any questions for Mr. Todd? Okay, thank you. Thank you, Mr. Todd for your testimony much appreciated. I would take a motion to close testimony at this time unless there are any further questions? AU: Motion Mr. Chair, I make a motion to close public testimony. REPLOGLE: Thank you Mr. Au. A second? RAFFIPIY: I second. REPLOGLE: It's been moved and seconded. I will now call for all those in favor of closing public testimony please say aye. RAFFIPIY: Wait. CLARKSON: Wait. REPLOGLE: Wait, what did I do? CLARKSON: I just have a question. Are we closing — REPLOGLE: Go ahead Joe. CLARKSON: —Are we closing public testimony on this one agenda item or all agenda items? REPLOGLE: This is all there is public testimony for today. CLARKSON: Okay. Thank you. REPLOGLE: So, that's what we are closing it on. CLARKSON: I vote aye. REPLOGLE: Okay. Everybody else? AU: Aye. RAFFIPIY: Aye. AGUINALDO: Aye. REPLOGLE: Okay, its been moved and seconded and voted on and to close public hearing. There is no discussion, all those we've said aye. It's done. The public testimony ended at 9:40 a.m. 10 EXHIBIT A Respectfully submitted, Melissa Dacayanan-Salvador Secretary Windward Planning Commisison 11 EXHIBIT A