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HALL: I think we should go intoI think we need to discuss your guys authority, so maybe we <br />should go into executive session. <br />CLARKSON: Is there a motion to go into executive session at the suggestion? <br />RAFFIPIY: I so move to go into executive session. <br />IKEDA: Second. <br />CLARKSON: All those in favor? <br />COMMISSIONERS: Aye. <br />CLARKSON: Opposed? Okay, we'll go into executive session now. We're going to have to <br />respectfully ask everyone to please step outside for a few minutes while our counsel advises us <br />on the law in this matter. <br />At 9:54 a.m., it was moved by Commissioner Raffipiy and seconded by Commissioner Ikeda 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 Sections 92-4 and 92-5. A voice vote was taken of all <br />Commissioners present, and motion carried with four aye votes. <br />At 9:55 a.. m., the Commission went into executive session. At 10: 04 a.m., it was moved by <br />Commissioner Raffipiy and seconded by Commissioner Aguinaldo that the Commission go out of <br />executive session. A voice vote was taken of all Commissioners present, and motion carried with <br />four aye votes. <br />The hearing reconvened for regular session at 10:09 a.m. <br />CLARKSON: Okay, this session is now back in order. At this time, we have a motion on the <br />floor. Is there any desire to rephrase the motion? <br />IKEDA: Yes, I will rephrase the motion. I move that the application for the Use Permit Docket <br />No. USE 17-074 be denied based on the following reason. There will be substantial adverse <br />impact to the community's—community character, and surrounding property because of the <br />falling risk of the tower, and it will affect the, also affect the property value. <br />RAFFIPIY: I second the motion. <br />CLARKSON: It's been moved and seconded. Is there any further discussion amongst the <br />Commissioners? If not, please call the vote, Christian. <br />KAY: Yes, thank you, Mr. Chair. Commissioner Ikeda? <br />IKEDA: Aye. <br />EXHIBIT A <br />13 <br />