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and the informal opinion according to Mrs. Schoen would be given upon the first time <br />that the County official is found in violation, a specific type of violation, and if the County <br />official then violates the second time in that specific type of violation, then a formal <br />opinion would be in order. And if I'm incorrect, please correct me. I'm correct, all <br />right, so I <br />L UM.• - -I <br />FOLENA: - -You don't understand this <br />L UM.• - -No, no, I think there are other avenues that we can, on a first offense, in certain <br />circumstances, we could decide to have a formal without an informal. There are <br />occasions I don't think we've ever had one <br />FOLENA: - -There are <br />L UM.• - -There are it is a provision <br />FOLENA: - -Oh, okay, thank you <br />LUM: - -so we could have a formal without previously having an informal. <br />FOLENA: Thank you, Mrs. Lum. So hopefully the state legislature will repeal that <br />particular provision, and we can go—the County can go straight to the Third Circuit <br />Court. It'd be a lot less burdensome and cumbersome to the County. However, the <br />burden to the people would be great if this Resolution 08 -57 was held in limbo any longer <br />than the end of the next state legislative session. Thank you. <br />CHAIR: Okay. Gregory Smith. <br />SMITH: Good morning, and thank you. I am in favor of Mayor Kenoi 's proposals and <br />also, again, just to follow upon if the State fails to repeal or change its law, possibly we <br />do have an appeals agency, and I think it's attached to the Building Department or <br />Planning, I forget, and possibly just expand that power off just to take care of this issue. <br />And other than that, I'm very much in favor of all this. Thank you. <br />CHAIR: Thank you. Okay, moving onto approval of minutes. <br />3. APPROVAL OF MINUTES <br />Minutes of the September 23, 2009, Regular Session. <br />Motion and vote: Ms. Nicholson found two typographical errors. On page 8, half -way <br />down, "haole" was misspelled. On page 9, under Mr. Beason's testimony, it should say "races" <br />rather than "racists." She moved to approve the minutes with those corrections. Ms. Gentry <br />seconded the motion, and all members voted aye. <br />7 <br />