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<br />COMMISSIONERS: Aye. <br /> <br />UNGER: Opposed? \[None.\] We now move to executive session. Members of the public, we’ll <br />probably be five to ten minutes in executive session, and then we’ll be back to continue the <br />public portion of the meeting. Thank you. <br /> <br />EXECUTIVE SESSION – The Commission went into executive session at 10:00 a.m. by a <br />motion made by Commissioner Shimaoka, seconded by Commissioner Church, and unanimously <br />carried by a voice vote, for the purpose of consulting with the Commission’s attorney on <br />questions and issues pertaining to the Commission’s powers, duties, privileges, immunities and <br />liabilities pursuant to Hawai‘i Revised Statutes Section 92-5. The Commission came out of <br />executive session at 10:08 a.m. by a motion made by Commissioner Shimaoka, seconded by <br />Commissioner Nobriga, and unanimously carried by a voice vote. <br /> <br />UNGER: The meeting is back in order. Commissioners, I need a motion on the agenda item. <br /> <br />CHURCH: Mr. Chairman, I would move that we accept the advice of our attorney that there is <br />no action for the Leeward Planning Commission to take in this matter. <br /> <br />NOBRIGA: Second. <br /> <br />UNGER: We have a motion by Commissioner Church, second by Commissioner Nobriga. At <br />this time, Commissioners, the motion is open to discussion. Commissioner Carr Smith. <br /> <br />CAR SMITH: Yes. I just wanted to mention that even though Ms. McMichael has standing in <br />this case, I don’t believe it’s appropriate for her to interfere with the procurement process. <br /> <br />UNGER: Thank you. Any other comments? Staff, you call for a roll — <br /> <br />SELF: I could, I could state, just to let you know that the Commission has completed its, the <br />authority that they have is to make a motion to send a case to a hearings officer. But they don’t <br />have any authority to actually select a particular hearings officer, so that is done through the <br />procurement process; it’s State Law. For your objection you can always raise that at the hearing, <br />but the hearing has not begun yet. That will be heard by the hearings officer. But you as an <br />intervenor, if you want to state your objection on the record at that time, that would be an <br />appropriate avenue. <br /> <br />UNGER: Any other comments? Staff, roll call. <br /> <br />ARAI: Thank you, Mr. Chairman. Commissioner Church? <br /> <br />CHURCH: Aye. <br /> <br />ARAI: Commissioner Nobriga? <br /> <br />5 <br />EXHIBIT B <br /> <br />