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EMLER:We can answer that question later. Condition W. I can see the applicant <br />wants to try and clarify this by making sure it, it doesnt require them to do work inside the <br />Countys proposed right-of-way for Kahului to Keauhou Parkway but the Federal, the possible <br />needfor sound abatement under the Federal standards would normally require the County to do <br />the sound abatement improvements. So, what Im trying to do is indicate, is just explain that, I <br />dont think this is necessary to put in here. In other words this, this qualification seems to turn it <br />back to the County to have to do the improvements in our right-of-way. <br />YUEN:I think what theyre-. <br />EMLER:Because the Federal government would not require, they would not think <br />that, I mean they would not propose that the adjacent property owner be the one required to put <br />these improvements in their property rather than it being done with the project right-of-way. So, <br />Idontthinkitsnecessarytoputthisin. <br />YUEN:Well,noIthink,IthinktheintentofMr.Limsamendmentistomakeit <br />clear that the sound abatement measures are only those necessary to protect, to reduce sound <br />impacts in their property and that it was too broadly worded as stated that it could be any, any <br />sound abatement including you know, potentially Kona Hillcrest or some-. Is that right Mr. <br />Lim? <br />LIM:Thats correct. <br />YUEN:And as a, like the big picture on this is that if the development goes in and <br />then Alii Parkway goes in, the Federal standards may require noise abatement to protect <br />adjacent, an adjacent existing residential area. And, I dont want us to rezone the property, allow <br />a development and then have to spend a lot of-. The County to have to spend a lot of money <br />protecting that rezoned area from noise impacts. So thats the intent of this condition. What, and <br />as far as whether the, whether the abatement is done in the right-of-way or within the project <br />area, I think the, which is I think the issue Ki is raising here. I would say let me rewrite this. I <br />just did something here okay and it-. The first sentence of W would say, the applicant, its <br />successors and assigns shall be responsible for the costs of any sound abatement measures to <br />reduce sound within the project that are required to qualify the Parkway for Federal construction <br />funds. And then, then thats I think clear that it, that the abatement measures could be either <br />within the right-of-way or within the project but theyre only limited to measures that protect the <br />project itself and not any other property. <br />ALAMEDA:Mr. Emler? <br />EMLER:I would concur with that change yes. <br />ALAMEDA:Mr. Lim? <br />LIM:I understand the requirement. Its a practical problem more than anything <br />else because the design of the Parkway in that area has not been completed as far as I understand <br />EXHIBIT B <br />27 <br /> <br />