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trying to understand the rationale. I understand the monetary thing, but just from the community <br />perspective -. <br /> <br />LIM: No, it’s more, it’s more legal ability to do it; we don’t have the ability to improve someone <br />else’s property. <br /> <br />WHITTEMORE: Okay, but wasn’t this discussion occurred with the Planning Department prior to, <br />because it was incorporated into the conditions here? This was not -. <br /> <br />LIM: No. No, and in fact, the last time around, as I pointed out to the staff, the Parcel 30 was not <br />included because legally we cannot improve that parcel. The last time around it was exactly what <br />I’ve proposed, which is we will improve the whole frontage of this property on Hualālai Road, but <br />we can’t improve somebody else’s property. <br /> <br />WHITTEMORE: Okay. <br /> <br />LIM: One thing to, that the County could consider is to talk to the Department of Water Supply and <br />see if that can happen while the improvements are going on right now on Hualālai Road. <br /> <br />WHITTEMORE: But that would become a County burden financially. <br /> <br />LIM: That’s correct. That’s correct. We would be paying for some of that through our impact <br />fees, or fair share assessments, but it’s something that even if you told us to do it, we couldn’t. <br /> <br />BEAUDET: So, Steve, can you identify the lot in question, or, staff, if you could point that out. <br /> <br />LIM: It’s right where the notch is there on the top of the page. It’s the water tank site over there. <br /> <br />DARROW: We have Hualālai Road in this area, and then it’s in between. <br /> <br />BEAUDET: So just to clarify from a legal standpoint you are asking to remove the identification of <br />Parcel 30, since you guys don’t have legal authority over the parcel, but retain Parcel 43 in the <br />condition. <br /> <br />LIM: That’s correct. You can see the Parcel 30, which is right outside where Jeff is pointing, on <br />the north side of the notch of the property. <br /> <br />BEAUDET: So by removing Parcel 30 would remove the obligation of how many feet of frontage <br />of road improvement approximately? <br /> <br />LIM: I don’t know, just based upon the pictures, my client is saying six or 700 feet. And this is a <br />property that’s going to be, if it hasn’t already been done, it’s going to be dedicated to the County <br />Department of Water Supply, so they will have control of that. <br /> <br />BEAUDET: Okay, and I think your response to Commissioner Whittemore was that the County <br />could accommodate those improvements via the fees that would be, the entitlement fees that would <br />be paid by the project, right? <br /> <br />8 <br />EXHIBIT B <br /> <br />