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KERN: I think we would need a legal opinion on whether or not we could <br /> adjust that down because that would be less stringent than what the State's requiring right now. <br /> [indecipherable] <br /> KANUHA: Yes. That was a question that was on my mind, I've been just <br /> looking at it. So, I wanted to bring that up and have a discussion about it. <br /> DEFRANCO: Commissioner Paishon-Duarte. <br /> PAISHON-DUARTE: Thank you Commissioner Kanuha. Commissioner Paishon-Duarte <br /> here. I appreciate all the questions that you raised, and I would like to also advocate that our <br /> staff should seek a legal opinion to find if there are any provisions, exceptions that can be made <br /> for kuleana landowners in certain cases. <br /> KERN: And so, you'll be looking for some type of exemption that would <br /> not define it as development in that$500,000.00 threshold. So, basically avoiding a SMA Major <br /> is that what— <br /> PAISHON-DUARTE: Director Kern. I'm more in the exploratory phase. I want to <br /> understand what are the various options it might not be in the exemption per se. But what are <br /> some of the options that we can look at? <br /> KERN: You guys good on that? <br /> DEFRANCO: Your good Mike? You're good, yes. <br /> JACKSON: Staff can work with Corporation Counsel Salas-Ferguson to <br /> explore what the options are related to that. Thank you. <br /> DEFRANCO: Okay, thank you. Is there any more points that we want to bring <br /> up or discuss? No, we all good then? So, we're going to need a motion to continue, is that right <br /> or a motion to adjourn? <br /> VITOUSEK: I make a motion that we continue. <br /> KERN: Can we just verify with staff on the most appropriate action here. <br /> JACKSON: So, we're required to provide 30 days minimum notice. So, I think <br /> the earliest we would be able to schedule would be for June 2nd after the Windward Planning <br /> Commission meeting. So, that afternoon. <br /> KERN: My suggestion if we can would be to the call of the Chair to the <br /> call of the Department as we need to arrange both Commissions and the timing factor and we do <br /> have some work on the backend and we do have a myriad of people taking vacation till this next <br /> month. So, that would be the request just to give us a little bit of flexibility on the exact date, but <br /> we'll get it back up as soon as possible. <br /> 28 <br /> EXHIBIT B (DRAFT) <br />