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CARR SMITH: Okay, so it sounds like that's addressed. All right, what's next? Any other concerns or questions? Everybody is good? (No audible response) All right, very good. Mr. Van Pernis. VAN PERNIS: - - -move to amend— CARR SMITH: You need to get closer to your microphone, please. VAN PERNIS: I'd like to move to amend the proposed ordinance contained in Mr. Yee's recommendation, to delete the references to Makalei Drive and substitute for them the eastern boundary of the Palamanui property, and also to delete from"except" to "tanks,"the language in new proposed Condition Y. CARR SMITH: We have a motion on the table. Does everybody understand the motion? VAN PERNIS: I believe the, I believe the developer has agreed to that. JACKSON: Chair CARR SMITH: So, Steve— JACKSON: —could I get clarity on the change to Condition Y? CARR SMITH: You repeat, Mark, the change to Condition Y, please, as it is on page 19 it's— VAN PERNIS: On Condition Y,because there is no access to the easement on the north side of the Makalei property, the area is developed, there is other roads within Makalei that go to the north, and the location of the wells,mains, and tank of Palamanui is a separate lot that adjoins Mamalahoa and has an access to it, improved and gated, so that this isn't rather necessary. It also would involve, since Makalei has become a private road since this was originally drafted, as is acknowledged in changes, that this would involve partial condemnation by the state, if they are going to break into the private road, and I don't think the state wants to do that, or the county wants to do that— JACKSON: Excuse me VAN PERSON: —and it also— JACKSON: Excuse me, Commissioner Van Pernis, I'm asking—are you requesting to delete the entire condition? VAN PERNIS: No, as I said, delete from the word "except"to the word"tanks." JACKSON: Okay, thank you. 34 DRAFT