2005-01-21 TIMMING - Laserfiche WebLink

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feel just like because of the history, which he has spoken of, it would be really nice if we could kind of help make that come about for himin a way that he can feel guaranteed that if there is damage he will be able to ascertain it and recover from it. JUNG:Thank you, Mr. Graham. On the issue of damages, generally that is a legal question and some of the procedures that are adopted to establish damages would also be available to him under the law, I am the attorney representing Mr. Imming the applicant, and that would be that he would have an inspection of his own property prior to the commencement of construction, and then if the property suffered any damage he could then show that the damage took place subsequent to the beginning of construction for the applicants project; and, at that point, you would show a cause and effect relationship. Also I believe the County has also imposed some restrictions as far as, and cautions with respect to the building of the project to establish-, first of all, to prevent the likelihood of any such occurrence and the County has rigorous procedures to see that that doesnt happen. But beyond that, of course, as far as the causeandeffectMr.MessickwhoIbelieveistheintervenorwouldhaveaninspectiondoneof his property, perhaps an engineering review; and then should any damage occur afterwards, if its established that it was a result of construction, as adverse to an earthquake or a tsunami or anything like that, then that would be legally how such damages could be established. But I think that the County itself has its own regulations on how to, to prevent and how to monitor any such damages; and, of course, we would apply, not only apply but we would concur with any regulations that the County has already established. Beyond that though perhaps I could have Mr. Davis to comment, the architect. DAVIS:I agree with Frank completely on this. There are also federal standards by OSHA for protection of properties, protection of workers; and in excavation processes, that would have to be adhered to by the contracting firm were going to be using. GRAHAM:Yeah, well, I certainly dont feel that, you know, we need hold you guys to doing more than whats reasonable from your perspective. However, because to me from Mr. Messicks testimony he did have a real problem before, and given that youre doing a lot of excavation very close to the pool there, I think he has reasonable concern. And I dont feel good just having that all be on his shoulders, you know, for him and his folks to put forth whatever kind of inspection money needs to be done ahead of time. Maybe they dont know when you folks might be doing blasting or earth moving, or maybe its just a requirement that you report all that ahead of time, or maybe theres a requirement that the County could have an engineer come down at that time, or something. I just feel like having read all this material if it was reasonably possible I would like to see something done to help him in that respect. DAVIS:If we were to do any blasting, which I really doubt that we would but if we were, we would have to post a notification with the County, I believe, beforehand, not only with the owner of the adjacent properties. But I highly doubt blasting on this property. GRAHAM:Yeah, I dont even know that he spoke to blasting but the basic rock breaking kind of mechanisms that are used, you know, can really reverberate apparently. So, thats what I have in mind.