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UNGER: Just to confirm, we don't have anybody from members of the public to testify. If <br /> anybody is here to testify on this agenda item, now is your opportunity. For the record,then, <br /> nobody to testify, I need a motion to close public testimony. <br /> KEALOHA: So move. <br /> UNGER: We have a motion by Commissioner Kealoha. <br /> CARR SMITH: Second. <br /> UNGER: Second by Commissioner Carr Smith. All in favor? <br /> COMMISSIONERS: Aye. <br /> UNGER: Motion passes unanimously. Public hearing is closed for this agenda item. <br /> Commissioners, we need to discuss a motion. <br /> VITOUSEK: Would it, I mean, would it be possible to take real quick executive session to <br /> consult with our attorney? <br /> UNGER: Sure, we can do that. I'll go ahead and make that motion. I move that the <br /> Commission enter into executive session to consult with its attorney regarding questions and <br /> issues pertaining to the Commission's powers, duties, privileges and liabilities pursuant to HRS <br /> 92-5. Do I have a second? <br /> VITOUSEK: Second. <br /> UNGER: All in favor? <br /> COMMISSIONERS: Aye. <br /> UNGER: Opposed? [None.] Motion passes. If you would, could you please step outside of the <br /> room? We are going to go into executive session. We'll come and get you all when we are pau. <br /> Thank you. <br /> The room was cleared, and the Commission went into executive session at 9:57 a.m.for the <br /> purpose of consulting with its counsel regarding questions and issues pertaining to the <br /> Commission's powers, duties,privileges, immunities and liabilities,pursuant to Hawai`i Revised <br /> Statutes 92-5. <br /> At 10:11 a.m. it was moved by Commissioner Vitousek and seconded by Commissioner <br /> Carr Smith that the Commission go out of executive session. A voice vote was taken, and the <br /> motion carried with all in favor. The hearing was reconvened at 10:12 a.m. <br /> UNGER: The hearing is back in session. We were at opening the floor to the Commissioners to <br /> entertain a motion. <br /> 7 <br /> EXHIBIT A <br />