. >> motion by commissioner heldfond. second by chu. can we take this without objection? great. we are invoking attorney-client privilege. we're going to be going into item 3a. we would ask that all persons who are non-legal counsel to exit we're coming out of closed session. there's going to be two parts. there will be a motion to disclose under 3a and motion to not disclose under 3b. procedural otherly, we need to a vote and then we would disclose whatever we're going to disclose under 3a. is that correct? >> you can take the vote and agree that except for 3a, you're been going to disclose. can i call for a motion to disclose except for 3a, in which case it would be the recommendation passed by the board. >> motion and second by casciato. can we take this without objection? do we have to vote on it first? >> vote on it first. >> we can take it without objection. madam secretary, would you please read the board's recommendation from 3a. >> board approved to number one set aside the hear officer's may 23rd, 2016 decision denying the application and june 15, 2015 addition denying