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UNGER: Opposed? \[None.\] Motion carries, public testimony is closed. I recommend we take <br />a five-minute break and, to consult with our corporate attorney to discuss a possible motion. <br /> <br />HALL: If we are going to discuss that, we have to go into executive session. <br /> <br />UNGER: I’d like to go, I make a motion to go into executive session to further discuss this with <br />our corporate counsel. I need a second. <br /> <br />CARR SMITH: Second. <br /> <br />UNGER: All in favor? <br /> <br />COMMISSIONERS: Aye. <br /> <br />UNGER: Opposed? \[None.\] <br /> <br />At 11:20 a.m. Chairman Unger called a short recess. The room was cleared, and the <br />Commission went into executive session at 11:25 a.m. for the purpose of consulting with its <br />counsel regarding questions and issues pertaining to the Commission’s powers, duties, <br />privileges, immunities, and liabilities, pursuant to Hawai‘i Revised Statutes 92-5. <br /> <br />At 11:42 a.m. it was moved by Commissioner Vitousek and seconded by Commissioner Kealoha <br />that the Commission go out of executive session. Upon a voice vote, the motion carried <br />unanimously. The meeting was reconvened at 11:43 a.m. <br /> <br />UNGER: Hearing is called to order. After executive session the Commissioners had additional <br />questions for the applicants. If you don’t mind, could you please come up? Thank you. <br />Commissioners, please feel free to ask the applicant questions. <br /> <br />VITOUSEK: Sure. We’re just trying to understand. We see in your application submittal, it <br />says, “Although PDO 99-42 allows for KD to defer opening the public access elements to the <br />general public until the opening of the 18-hole golf course, KD always intended to open these <br />public access improvements to the public earlier.” PDO 99-42, what is that? <br /> <br />LIM: Project District Ordinance 99-42, which is the subject of this— <br /> <br />VITOUSEK: So that’s, it’s a County, a County requirement. Okay. Thank you. <br /> <br />UNGER: And while we are on that subject, has there been any discussion within your group <br />with regards to the exact topic? It’s good that it is stated in there. Has there ever even been a <br />discussion? It is tied to the golf course. It sounds like the golf course is maybe not even planned <br />in the future. It sounds like, pursuant to that sentence there, there is desire to open earlier. It’s <br />all very general, and, obviously, the Commission is just, you know, questioning about the public <br />access. So has there been any discussion about opening this up earlier versus just tie it to the <br />opening of the golf course? <br /> <br />18 <br />EXHIBIT C <br /> <br />