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gain access, and we've come to kind of this point. So, our preference would be if the <br />Commission would entertain that, to do a conditional, or at least hear us out to be able to vote on <br />a conditional approval subject to gaining access. I think we can do that in a reasonably short <br />period of time, and you know, if the Use Permit is conditioned on that, we'd be prevented from <br />moving forward until that time. <br />CLARKSON: Okay, so we do have a motion before the Commission that's been seconded to <br />continue this. Is there any further discussion? If not, if you wish to proceed with the <br />consideration of the application, you should vote against the motion. If you wish to delay the <br />consideration of the application until such time as access is proven, you should vote in favor of <br />the motion. If staff could please poll the <br />ANDREWS: —Yes, there's a motion to continue. I'll take the vote. Commissioner Au? <br />AU: No. <br />ANDREWS: Commissioner Replogle? <br />REPLOGLE: Aye. <br />ANDREWS: Commissioner Aguinaldo? <br />AGUINALDO: Can you please repeat the question again? <br />ANDREWS: Yes, it's a motion, it's a motion to continue. <br />AGUINALDO: Yes, if the access is granted. <br />HALL: You're voting aye to continue this or you're voting nay to not continue it. That's <br />your— <br />AGUINALDO: Oh, I going vote continue. <br />HALL: Okay, aye, then. Okay. <br />ANDREWS: Commissioner Raffipiy? <br />RAFFIPIY: Aye. <br />ANDREWS: Chair Clarkson? <br />CLARKSON: No. <br />ANDREWS: The motion fails, three, two. Sorry two, three. <br />EXHIBIT D <br />8 <br />