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RAFFIPIY: Any opposed? No? Okay, at this time, I'd like to ask the audience, the public to <br />please if you can relocate outside while we consult with our attorney. Thank you. <br />At 11:01 a.m., it was moved by Commissioner Dela Cruz and seconded by Commissioner An that <br />the Commission go into executive session to consult with its attorney regarding questions and <br />issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities, <br />pursuant to Hawai `i Revised Statutes Section 92-5. A voice vote was taken of all Commissioners <br />present, and motion carried with six aye votes. <br />The room was cleared, and at 11: 04 a.m., the Commission went into executive session. At <br />11:28 a.m., it was moved by Commissioner Dela Cruz and seconded by Commissioner Aguinaldo <br />that the Commission go out of executive session. A voice vote was taken of all Commissioners <br />present, and motion carried with six aye votes. <br />The hearing reconvened for regular session at 11:31 a.m. <br />RAFFIPIY: The Windward Planning Commission is back in session. We're still on Item No. 2, <br />discussion and action on Third Circuit's Court December 13, 2019 Order remanding Special <br />Management Area Use Permit, SMA No. 18-000070, back to the County of Hawaii Windward <br />Planning Commission to issue a revised findings of fact and conclusions of law in support of its <br />original Decision and Order, for the narrow purpose of the Windward Planning Commission <br />clarifying findings of fact, conclusions of law regarding its application of the public trust <br />doctrine. <br />So, at this time, we're going to move into public testimony, but before we go into public <br />testimony, I just want to ask Commissioner Dean Au and Commissioner Donn Dela Cruz if they <br />had an opportunity to read all the information <br />DELA CRUZ: Yes <br />RAFFIPIY: —about this. <br />DELA CRUZ: Yes, I have. <br />AU: Yes, Mr. Chair, I have read all 1,400 plus pages of the documents, so thank you. <br />RAFFIPIY: Thank you very much. At this time, we're going to move into public testimony. I'd <br />like to call out, call up to move to, you can move to the front Cory Harden, Gene Tamashiro, and <br />Greg Kemppainen. Please raise your right hand. Do you swear or affirm to tell the truth on this <br />matter now before the Planning Commission? <br />TESTIFIERS: Yes/I do. <br />RAFFIPIY: Thank you. We'll start from your right to your left. Please state your name— <br />EXHIBIT B <br />3 <br />