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CLARKSON: Absolutely. <br />IKEDA: Mr. Fuke, is everything hinged on the approving the water production? If you <br />disapprove the water production, it seems like the other two doesn't make any sense at all. Is <br />that correct? <br />FUKE: You mean, the—you're talking about the other two permits? The other two, well, the <br />other two requests are kind of related to the SMA request, which is the water well system. You <br />know, for them to be able to, you know, do it fully operational, they need to have the Industrial <br />zone, you know, existing zoning. There were conditions regarding construction completion by <br />"x" period of time, so they need to have that provision amended, you know, to give that extra <br />time. The other one was, relates to the existing SMA which was peculiar to what Suisan was <br />going to do, but that's no longer, you know, like in play right now. <br />CLARKSON: Any further questions? Okay, I'd just like to point out two things. I'm still <br />concerned about the public trust aspect. II personally think that there should be some kind of <br />tax, royalty, or something. I know this is a very miniscule use of a very large resource, but the <br />time to protect that resource and have the public get some interest from it is not when it's almost <br />gone but when it's first started to be used. <br />The other concern I have is over noise. We haven't talked about that a lot, but this is an <br />industrial area surrounded by Resort zoning which would generally need a little bit of peace and <br />quiet and tranquility to be used for their intended use, and I would like to, if there is a motion on <br />this, I'm going to make a motion that the decibel limits be reduced from the, I believe it's 70 dBa <br />for Industrial to a Residential area noise level. <br />So, with my two cents being chipped in there, is there a motion for action? <br />IKEDA: I'd like to make a motion. I move that the Commission enter into an executive session <br />to consult with its attorney regarding questions and issues pertaining to the Commission's <br />powers, duties, privileges, immunities, and liabilities pursuant to HRS 92-5. <br />DELA CRUZ: Second. <br />CLARKSON: It's been moved and seconded that we go into executive session to discuss this <br />issue with our attorney. All those in favor? <br />COMMISSIONERS: Aye. <br />CLARKSON: Opposed? Okay, we'll—all members of the public and staff, please. We'll be <br />recessing for executive session for just a few minutes I hope, and we'll let you know when you <br />can come back in. <br />At 10: 00 a.m., it was moved by Commissioner Ikeda and seconded by Commissioner Dela Cruz <br />that the Commission go into executive session to consult with its attorney regarding questions <br />and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities, <br />EXHIBIT B <br />13 <br />