HomeMy WebLinkAbout2018-06-07 Hearing Transcript - Cellco Partnership dba Verizon Wireless USE 17-074WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
JUNE 7, 2018
A regularly advertised hearing on the application of CELLCO PARTNERSHIP DBA
VERIZON WIRELESS (USE 17-000074) was called to order at 9:04 a.m. in the County of
Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman
Joseph Clarkson presiding.
COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donald Ikeda, Thomas
Raffipiy.
ABSENT & EXCUSED: Donn Dela Cruz, John Replogle.
ALSO PRESENT: Jeff Darrow (Representing the Planning Director), Malia Ho Hall (Deputy
Corporation Counsel for the Windward Planning Commission), Christian Kay (Planner), Melissa
Dacayanan (Planning Commission Support Technician), and Sarah Hata-Finley (Commission
Secretary).
No one from the public was in attendance at the start of the hearing.
APPLICANT: CELLCO PARTNERSHIP DBA VERIZON WIRELESS (USE 17-000074)
Continued hearing on an application for a Use Permit to allow the construction of a new, non -
manned telecommunication facility, consisting of a 155 -foot tall steel monopine tower, retaining
wall, 6 -foot tall fencing and related facilities within a 1,050 -square foot lease area on a 33,106 -
square foot parcel, situated in the County's Agricultural 1 -acre (A -la) zoning district. The
subject property is located at 15-1463 21st Avenue, approximately 1,700 feet north of the Kaloli
Drive – 21st Avenue intersection, Hawaiian Paradise Park, Kea`au, Puna, Hawaii,
TMK: (3) 1-5-038:013.
CLARKSON: And, with that, we'll proceed to the first item on today's agenda which is Use
Permit Application 17-000074, Cellco Partnership doing business as Verizon Wireless. Now,
this meeting was continued to allow Applicant to bring a technical expert on radio transmission
facilities. Seeing no one in the audience, Applicant, testifiers, or anything, I guess the board
should discuss the application
HALL: Sorry. Sorry, do we have the phone number for Danette Martin? I'd say we just take
a brief recess, call her, and see if she's on her way or not and then
DARROW: We do have it.
KAY: I have it here.
DARROW: —Here I'll give her a call. You want to call her Christian?
EXHIBIT A
CLARKSON: —Okay, it's been recommended that we recess for ten minutes to give any
latecomers time to appear, so this meeting is recessed for ten minutes.
Chair Clarkson called a recess at 9:05 a.m., and the meeting was reconvened at 9:16 a.m. when
the Applicant's representative, Danette Martin, and Adrian de la Garza, System Performance
Engineer from Verizon, arrived to the meeting. There was one member of the public in
attendance at this time.
CLARKSON: Okay, the recess for this session is now ended. We've already opened the
planning session or this session of the Planning Commission, and the agenda item has been
described. I will say once again, if you're planning to testify, please sign up with Melissa. And,
I guess we should go ahead—this meeting is a continuation of a previous meeting at which time
there was some discussion and some questions from the Commission about coverage and
potential coverage based on antenna height and location.
And, if we could—Christian, do we have all of the slides from the presentation available?
KAY: Yes, Mr. Chair, we do.
CLARKSON: I'd just like to start out with that coverage map.
KAY: Okay.
CLARKSON: And, give Applicant an opportunity to clarify why they feel this location is
essential or if it's not that essential, what other locations and whether their heights—there we
go—would be acceptable. So, if the Applicants would come forward, please? So, when we last
met, I'd like to—oh, first of all, I guess I have to swear you both in again. Do you
MARTIN: —He's not been here before—
CLARKSON: hereby swear or affirm that you will tell the truth on this matter before the
Planning Commission today?
DE LA GARZA: I do.
MARTIN: I do.
CLARKSON: Thank you. Please, when you do speak, speak into the microphone so that we get
an accurate record. If it's okay with everyone, I'll just start out with my first question, and I'd
like to refer—now, Mr.
MARTIN: —Let's introduce ourselves.
CLARKSON: Yes.
EXHIBIT A
2
MARTIN: My name is Danette Martin.
DE LA GARZA: I am Adrian de la Garza. I'm a System Performance Engineer with Verizon
Wireless.
CLARKSON: Mr. de la Garza—
DE LA GARZA: And thank you for hearing us this morning
CLARKSON: You're very welcome.
DE LA GARZA: Appreciate your time.
CLARKSON: So, there was some discussion in the last meeting and some testimony regarding
the availability of alternative sites that were not in a heavily residential area, some park areas,
some vacant land, but it was asserted that those sites would not be acceptable because the
coverage would be inadequate from any location other than the proposed location. But, my
question is, isn't coverage somewhat, not totally, but somewhat affected by the height of the
antenna?
DE LA GARZA: Yes.
CLARKSON: Okay, and so wouldn't it be possible to go away from this location and get
adequate coverage with a higher antenna height?
DE LA GARZA: Possibly, but I would have to look at the modeling, but I don't really think so.
I can say with certainty that this location is ideal for us because of the footprint that that site
provides, fills in our coverage gaps, and it also kind of blends nicely with what sites we have and
in our future planned sites.
As far as moving to another location, just raising the height, with consideration of the height of
the trees, I don't think it's going to be a viable option, and I think the location that we picked is
from a coverage perspective is ideal for us and how we plan to cover that neighborhood.
CLARKSON: Okay, are there—thank you. Are there any other questions at this time from the
Commissioners, other Commissioners?
AGUINALDO: I do.
HATA-FINLEY: It's on.
HALL: It's on.
AGUINALDO: As far as that other site you said is not viable, any other location from what you
guys are proposing on that lot versus say the park because the park was kind of presented. Can
EXHIBIT A
3
you explain little bit more? Did you guys do any testing on that other street or whatever street
they were talking about?
DE LA GARZA: We did do some modeling. The problem with the park location is that it's
very close to our existing site, so we would end up having overlapping coverage. Overlapping
coverage is actually bad for LTE `cause it all operates on the same frequencies. You end up
having interference, and the sites will interfere with themselves. So, you end up having to tilt
your antennas down. They don't cover as far. It's not, from an efficiency perspective, it's
terribly inefficient, and it doesn't make the park a really good viable option because it's too close
to our existing site, and it also leaves a huge gap up to the north of section of houses that
wouldn't be, wouldn't be covered. And, if we are in a situation where we have to build denser
and denser or closer and closer to our existing sites, we end up needing more sites. So, from an
efficiency perspective and getting the most sites, the most coverage from one site, this location
that we chose is ideal for us.
AGUINALDO: If you go further little bit more north or to the dead end, would that work?
DE LA GARZA: Then, we would end up opening—you see the coverage hole, gap in the center
right there? The yellow that's in the—on the right, the right hand?
AGUINALDO: Mm-hmm.
DE LA GARZA: That would end up opening up that gap, and it would also cause us to have to
build more sites to completely cover the neighborhood `cause that's our
MARTIN: I also wanted to let you know that I did try to seek out those property owners on
the end, and I couldn't find anything viable.
CLARKSON: Okay, any other questions for the
DE LA GARZA: I hope I answered your question.
CLARKSON: Applicant.
RAFFIPIY: Question. The green shaded areas, that's the coverage area. The yellow shaded
areas are not the—that's the not
DE LA GARZA: I would say, I would say it's more marginal. I would have to take a really,
really close look at the legend in the corner there to
CLARKSON: So, it's like the green is four bars and the yellow is three or two bars or?
DE LA GARZA: It's not as, it's not as clear-cut as bars, because bars can indicate signal
strength, but if you have like interference where your sites are too close together, you'll get poor
signal-to-noise ratio. The sites basically they interfere with each other, and it causes you to have
slower throughputs, and it doesn't perform as well, but note from our previous coverage maps
EXHIBIT A
4
that I've looked at, in the center, you end up having this—it's more marginal, and those are
handover areas where you're handing over between two different sites, and you also have like
poor SNR and things like that so. I'm sure what was theI just want to make sure I answered
your question.
RAFFIPIY: Well, what I was trying to get at is I wanted to know, the covered areas, what is
DE LA GARZA: Oh, okay
RAFFIPIY: you know, the cell, you know, the cellI wanted to see the cell and see where
they overlap or, you know, if you move it around and, so the green shaded area is the covered
area.
DE LA GARZA: So, the green shaded area is a pretty strong signal strength.
RAFFIPIY: Okay.
DE LA GARZA: So, anywhere you have like a stronger signal strength that's stronger than the
other sites around it, you'll have good SNR, good performance. The middle area is lower RSRP,
and when you have like what we call cell edge, which is kind of like when you get to the edge of
the coverage area, you'll probably still have some coverage. It won't be as good as it is in the
green area, but yeah.
RAFFIPIY: If there is another carrier to come on to, you know, to apply for a co -location you
know coexist with Verizon, any other company talk to you folks? A carrier talked to you folks
yet or expressed interest in?
MARTIN: Verizon has a co -location department, and accepts those applications. As part of the
condition of approval, the County of Hawaii requires for co -location, and we always design our
towers to at least hold two other carriers' equipment. If a third one wants to come on, you know,
we can always switch out the tower for, or reinforce the tower in order to accommodate them.
RAFFIPIY: Okay, thank you, and with that, will the layout—will the layout, Verizon tower's
layout, will it, will that accommodate the layout for, you know, anybody else, or?
DE LA GARZA: Yeah, if they're using similar bands which they should be. Yeah, I mean,
that's up to them—
MARTIN: —They would have to come back to you. We don't—our equipment, we don't share
ground space, so if another carrier wanted to come on, they would have to go to the landlord and
negotiate their own ground space, but we would accommodate them on the tower.
RAFFIPIY: Okay, so even if any carrier wants to come in, they can—they can install their
equipment using your, all the same towers that you have and they can also provide the same
coverage if they want to?
EXHIBIT A
5
DE LA GARZA: That's dependent on what carriers they choose to deploy. Like what
frequencies, what frequencies they use, because all the different frequencies have different
characteristics. What antennas they use—that's a huge portion of it because your antennas have
different beam widths. It would depend on their coverage objectives, and I can't really speak to
what they would, what they would do from a design perspective. I have no idea, but I'm also not
entirely familiar with what they're, the other carrier sites, like their locations are because we
don't share that information with regards to locations of our cell sites.
RAFFIPIY: Thank you. My intent was, you know, what I wanted to see ifI don't want to see
so many antennas all over the place.
DE LA GARZA: Understood, yeah.
RAFFIPIY: You know, if multiple carriers can, you know, can band together and provide an
efficient layout where we don't have so many towers, but you have towers that, you know, you
can have everybody can coexist and co -locate on one, a tower.
MARTIN: The main aspect in this design was to, you know, the tower is a 150 feet, or it's a
155, and the top of the antennas are 50 feet. Typically, you need ten feet per carrier, and so we
specifically designed that in there so that those carriers would be able to at least see over the
trees.
RAFFIPIY: Thank you very much.
AGUINALDO: I have another question. As far as the towers, I know from the previous
meeting, I guess with you ma'am, is the, you know, residents that is around it, the height and
what not. Now, what if you guys had a COW? So, if you guys don't know what is a COW, it's
called Cell On Wheels, Cell On Wheel. What if you guys deploy one COW you know as far as,
you know, because the height I guess, you know, that's maybe another alternative solution, yeah.
DE LA GARZA: Yeah, the issue with COWs is we're limited with regards to our antenna
height. There's other limitations, too, because it's designed to a mobile asset to be deployed in
emergency or situation where we have to cover an event. Different things like that. We usually
don't—we don't like to use a COW as a permanent solution.
AGUINALDO: Yeah, I'm just trying to think of, you know, other things for you folks, yeah?
You know, I'm—it's just one of them things like what Commissioner Raffipiy was indicating.
It's, you want to minimize on, you know, the cell towers, because there is existing ones already.
MARTIN: So, back to the drawings, we weren't here when they were introducing them, but I
did change things up a bit. So, the, on the side of the property that faces Railroad Avenue, I'm
proposing leaving the existing vegetation so for those people
HALL: Sorry, one moment. Christian, can you put up the drawings, please? Thank you. So,
we can have a reference.
EXHIBIT A
6
MARTIN: That's right, no that's good. I'm looking at `em. You guys should look at `em. How
does this thing work?
DE LA GARZA: This button here I think.
MARTIN: Oh, there we are. Okay, so we've got like a little Delta line around here showing
where we propose to leave the landscaping, the existing landscaping, and I think the, some of the
neighbors across the street here were objecting to the cell tower, so for them, this would really
minimize. There's tall trees here. This would really minimize. They wouldn't be looking at the
tower, and it wouldn't be anything different from what they already see unless they looked up to
see the top of the tower.
And, then here, I've added very tall, a four -foot wide hedge, and that is to help provide some
buffer between the neighbors here, and we also moved the tower site over. It was right here, and
we moved it down here and kinda in the middle.
DARROW: If I could ask a question, when you compare the two site plans, it doesn't look like
the actual tower moved.
MARTIN: That's right, it doesn't look like that. I did ask that it be moved, and I didn't
recognize that it hadn't been moved. I did ask that it be moved further away and with the shrubs
around. We can move that over as needed.
DARROW: Mr. Chairman, can I ask a question?
CLARKSON: Please go ahead, Mr. Darrow.
DARROW: So, the, just for reference for the Commission and for myself. The DeAguiars live
just to the right on the map?
MARTIN: That's right. You can see their turnabout.
DARROW: Okay. Is there a way that you could actually move it to the other side of the
property so that it's actually away from their residence?
MARTIN: Absolutely.
DARROW: Okay, so I mean that would be on the left side of the property.
MARTIN: Right, we'll just swap it over, so—you see the setback area there?
DARROW: Yeah.
MARTIN: So, we would just, we could snug it up to the other side's setback area.
DARROW: Okay, thank you.
EXHIBIT A
7
MARTIN: Mm-hmm.
RAFFIPIY: If you move it, if you move it to the left, will that be a 150 feet away from the
house?
MARTIN: So, right now, the site looks like it's 30 feet, oh, 31 feet away from the DeAguiars'
property, and on the other side is, there's 74 feet, so, it would not be a hundred, but it would be
50 feet, 50 or 60 feet away, plus we've got that and then around that, then the 4 -foot buffer with
the tall shrubs.
DARROW: So, it looks like the width of the lot is 135 feet. The setbacks on both sides are
identified as 20 feet. If you end up moving the tower over to the, abutting the setback on that
side, that would give you, depending on what the width of that tower site is, your left side would
be 115 feet, but then depending on how much your tower is and then also adding in the distance
of the house on the other side which I would at least guess 20 feet out of the setback, so it's
going to be over a hundred feet. It just if the tower could bump more towards the setback that
would give you a much, pretty close to that. It would probably be about a 130 feet or so.
MARTIN: So, the width of the site is 30 feet.
DARROW: Okay.
MARTIN: So, your—what did you say it was? A hundred and—the width of the lot was a
hundred and?
AGUINALDO: One thirty five.
MARTIN: Thirty five? Oh, okay. Yeah, you're right then. So, it would be about 80 because
you've got your 20 foot setback, 31 for the cell tower, so it would be about 80 feet, a significant
amount.
DARROW: You would also include the distance of the DeAguiars' house from their property
line which is possibly another 20 plus feet.
MARTIN: That's right. Okay, I see where you're going.
CLARKSON: Do we have a map that shows all the residential properties? All the residences in
the property surrounding this proposed location?
KAY: There's an aerial photograph I can find.
CLARKSON: Could you—so was there, is there any height for this tower that could be, it could
be reduced to that would keep it from falling on a house were it to fall over?
EXHIBIT A
MARTIN: We're designing this as a monopole, and those typically have huge caissons and
don't typically fall over.
CLARKSON: Are they lava flow resistant?
MARTIN: No, we lost our Kapoho site.
CLARKSON: Well, my point exactly. I know if a lava flow came through this neighborhood, it
would not be good for the neighborhood, but it would be especially bad if the edge of a flow
knocked over this tower and it fell on an otherwise unaffected home. Just saying.
RAFFIPIY: That's exactly what I was gonna, I was leading up to. You know, I respect the, you
know, the design and all that, but, you know, we can never tell. You know, we get a lot of active
earthquakes over here. And what if the thing is approved and then just falls over. I don't know.
MARTIN: That's true for other structures, though, too.
RAFFIPIY: Right.
CLARKSON: Well, it is, but other structures aren't coming to us asking for a Use Permit that is
entirely optional and not required to be granted under existing law so.
MARTIN: I understand.
CLARKSON: Okay. Are there any further questions at this time? We can follow up later after
testimony. Okay, thank you very much. Please don't leave. We have one person scheduled to
testify today. Utae Suzuki, would you please?
SUZUKI: Hello? [Testing mic. ]
CLARKSON: Would you please raise your right hand? Do you swear or affirm to tell the truth
on this matter before the Commission today?
SUZUKI: Yes.
CLARKSON: Thank you. Please proceed.
SUZUKI: Okay, I am surprised that my neighbors didn't show up. You know, they are kind of
very disgusted about whole thing, and I know I cannot speak for them, but they said, you know,
they are not going to listen to us. They [inaudible] the County, you know, I hope not, but that's
why I'm here.
So, my residence in HPP sits diagonally across from Mark's place. The, on Railroad, Mark is on
the right uh, left. Mark and Aida. Aida is his mother, diagonally across from him. So, it's,
you know, 500 yards.
EXHIBIT A
9
AGUINALDO: Is that the one with the blue roof in the photo?
SUZUKI: No, you don't see it here. No, just, it's hiding. Green yeah. Anyway, a, you know,
most of the angles that I want to explain this project should not go forward. That day was that
big earthquake day and since then, a lot of things went on, and that's one of the, my main
concern is that unthinkable could happen, you know, lava. So, and also the topography of this
land. Have you been there?
CLARKSON: [Shook head indicating no.]
SUZUKI: Okay. Aguiar, their place, half of their place is
CLARKSON: Please speak into the mic.
SUZUKI: Oh, going upslope, okay? I don't know how many feet, probably 20 feet. And, then,
flat. Half of their property almost is flat and the rest of them going downslope. So, I'm sure
Evans, I haven't looked, you know, I didn't walk into his property, but from what I see is going
up like this and flat, and it's very small area if they are, you know, trying to do this project, and
that's a big concern for me, too, and for both neighbors. Anyway, I think this whole thing, I
didn't know what was going on, so I spoke to Lauri, and Mrs. Lauri said well this is how it
happened, and she wrote her testimony, and I printed out and gave it to you guys.
When I first came with that thing that this project, the notice from Cellco, I went to see
Ms. Watanabe, and she mentioned well this, they accepted it application from Danette, Ms.
Danette because she said the neighbors agreed to it. And, I think in the beginning she said
twenty to thirty-five feet or something like that, and then all of a sudden it's a 155 feet. I don't
think that's very dishonest, I mean honest way to approach. Her, Ms. Danette's approach is I
wouldn't call it lie, but you know it's maybe just I don't know. Least, I'll say deceptive. And,
they fell really bad about it, okay, and I wished they talked to me in the beginning but, you
know, they are local people. They are very quiet usually, and they are very humble, and you
know I understand how they feel, you know, toward authority, toward big corporations, they feel
fearful, okay? So, anyway, I'm not against the cell tower. Okay, we need that. One of the thing
that I found out when I was gathering the signature that some people have Verizon, they have no
problem, you know, receiving signals. No problem. Even though the big trees are around them.
So, I don't know why they need it right there in our face, you know?
So, I think the location should be effective and beneficial to community, not being you know,
repulsed. Okay, anyway, I hope they find a better location for everyone, and Ithat's it.
CLARKSON: Thank you.
SUZUKI: Thank you.
CLARKSON: Are there any questions for the testifier from the Commission? No? Thank you.
You may be seated. Is there anyone else that wishes to testify here today? If not, I'll ask for a
motion to close public testimony.
EXHIBIT A
10
RAFFIPIY: So moved.
IKEDA: Second.
CLARKSON: All those in favor?
COMMISSIONERS: Aye.
CLARKSON: Opposed? Motion carries. Public testimony is closed. Before I ask fora motion
for action, if I may, do you ask for a motion—excuse me, do we ask for a motion for action and
then have discussion on that motion or can we have discussion prior to the motion?
KAY: Malia, would you like to answer that question?
HALL: Usually, you have the motion and then discussions.
CLARKSON: So, the Chair will now ask for a motion for action from one of the
Commissioners. There being none, can we proceed to a discussion?
IKEDA: I move that the application for Use Permit Docket No. USE 17-074 be denied based on
the following reason. One, I don't think it's the best interest for the community and although
Verizon says it's not a health hazard, I really believe there's a health hazard because, well, even
when I was going to college, that's in the sixties, there was studies about kids getting leukemia
when they were some kind of electrical towers near their playgrounds, so I have concern about
the health hazard also. I just want to sideI just want to be cautious because I don't want 20
years, 30 years from now where people get sick and says oh, it was because we allowed this
tower which may or may not be true, but that it is my belief, and I don't want a cell tower by my
home either. And, I don't think any of us want one because I know it will lower property value.
Thank you.
CLARKSON: Is there a second?
RAFFIPIY: Second.
CLARKSON: Okay, now is there any discussion on this—
HALL: I think we need to go into an executive session, or I guess I could just state it on the
record. There's a telecommunications act that basically lays out that you guys cannot deny a cell
tower application based on health reasons. So, you guys would have to find different reasons
then the health implications.
CLARKSON: I'd like to—oh, go ahead.
RAFFIPIY: Yeah, I was going to say my reservation with this application is the—like I stated
before, I tried to figure out a way we can relocate this thing around so that, you know, it's a 150
EXHIBIT A
11
feet away from the residents. Given the recent activity in Puna, you know, we got all these
earthquakes, and now we got lava and, you know, monopine towers were supposed to be
supposedly if they fall, they fall down like this. They crash down. But, with all these activities
that we have that I cited earlier, I'm really worried about that tower falling down on the nearby
residents. That's my concern, and if I have to—that was one of the, I would have that as a
reason for denying this permit.
CLARKSON: I'd like to say that I concur with that concern. I've only been involved in one or
two tower applications and in all those cases, all the neighbors were identified, told about the
proposed tower, and had no objections. And, any successor owners would have been able to see
the cell tower, know that it was in the neighborhood. If they wanted to buy the house next door,
so be it. That's fine. They know what they're purchasing. But, to me, to put a cell tower in a
place where it could fall over and hit any one of three different houses is not appropriate. I
personally think that they should be located unless all of the neighbors are perfectly fine with
it. I personally think that cell communication is a very valuable public utility, and that there may
be ways to condemn or otherwise acquire property in suitable locations. But, I just wanted to say
that I'm going to vote against this application because I just don't like the fact that it would be
putting their neighbors in a situation where they have to worry about a cell tower falling over on
their house for whatever reason. Now, you say that that's very unlikely, but I don't think
however unlikely it is that is a risk that a neighbor should be forced to take by my action, and so
I won't take that action.
Is there any further discussion? Would you like to respond to, Applicant, to the discussion?
MARTIN: I would. Mr. de la Garza has explained to me that Verizon if they are forced to move
this site that they will not be providing service for this area. So, it's not a choice of moving it to
an inappropriate location. There are just not enough people there to support moving the tower to
an area where it's not going to cover as many people as they need to have it cover. Rural areas
are very hard, and that's the reason why they haven't been covered prior to this.
CLARKSON: Okay.
MARTIN: It's just not cost effective.
CLARKSON: And, you're not willing to go to the expense of acquiring enough land to site a
tower so that it has a 150 -foot radius around it?
MARTIN: There's no way that you can do that. These properties—if you, we actually did
target, we did try to target areas that were vacant, and this is what we came up with. This is the
best we could come up with. I sent letters out to every large vacant area within the coverage
objective, and these are the only people that responded, so I don't have the option of going to
another place that has a bigger fall radius. The only place is the park, and the radio frequency
engineer said that won't work.
CLARKSON: Okay, well, try offering more money.
EXHIBIT A
12
HALL: I think we should go intoI think we need to discuss your guys authority, so maybe we
should go into executive session.
CLARKSON: Is there a motion to go into executive session at the suggestion?
RAFFIPIY: I so move to go into executive session.
IKEDA: Second.
CLARKSON: All those in favor?
COMMISSIONERS: Aye.
CLARKSON: Opposed? Okay, we'll go into executive session now. We're going to have to
respectfully ask everyone to please step outside for a few minutes while our counsel advises us
on the law in this matter.
At 9:54 a.m., it was moved by Commissioner Raffipiy and seconded by Commissioner Ikeda that
the Commission go into executive session to consult with its attorney regarding questions and
issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities,
pursuant to Hawai `i Revised Statutes Sections 92-4 and 92-5. A voice vote was taken of all
Commissioners present, and motion carried with four aye votes.
At 9:55 a.. m., the Commission went into executive session. At 10: 04 a.m., it was moved by
Commissioner Raffipiy and seconded by Commissioner Aguinaldo that the Commission go out of
executive session. A voice vote was taken of all Commissioners present, and motion carried with
four aye votes.
The hearing reconvened for regular session at 10:09 a.m.
CLARKSON: Okay, this session is now back in order. At this time, we have a motion on the
floor. Is there any desire to rephrase the motion?
IKEDA: Yes, I will rephrase the motion. I move that the application for the Use Permit Docket
No. USE 17-074 be denied based on the following reason. There will be substantial adverse
impact to the community's—community character, and surrounding property because of the
falling risk of the tower, and it will affect the, also affect the property value.
RAFFIPIY: I second the motion.
CLARKSON: It's been moved and seconded. Is there any further discussion amongst the
Commissioners? If not, please call the vote, Christian.
KAY: Yes, thank you, Mr. Chair. Commissioner Ikeda?
IKEDA: Aye.
EXHIBIT A
13
KAY: Commissioner Raffipiy?
RAFFIPIY: Aye.
KAY: Commissioner Aguinaldo?
AGUINALDO: Aye.
KAY: And Chair Clarkson.
CLARKSON: Aye.
KAY: Thank you. Motion carries four, nothing.
CLARKSON: So, the Applicant will be notified in writing, and there will be ano, go ahead.
IKEDA: I move that the adoption of the written Findings of Facts, Conclusion of Law, and
Decision and Order be continued to the next scheduled meeting for denial of Use Permit Docket
No. 17-074.
RAFFIPIY: I second the motion.
CLARKSON: All those in favor?
COMMISSIONERS: Aye.
CLARKSON: Opposed? That motion is also carried. So, as you heard from the motion, the
consideration of the Findings of Fact, Conclusions of Law, Decision & Order that will be
formalized and presented at our next meeting to be adopted by the Commission.
The discussion ended at 10:13 a.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
EXHIBIT A
14