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involved at this point. And as Mr. Arnott stated we have to go through a very complex system, <br />through the Army Corps of Engineers, dealing with these ponds to make sure that we€re taking <br />care of these ponds through the Federal regulations. So I€ve been dealing with that for the last 8 <br />months; and so without that approval, or that process, we didn€t feel it was adequate at that time <br />to really get people too excited over nothing. So -. <br />WATANABE:Thank you. Do any of the Commissioners have any -? Yes, Ms. Siracusa. <br />SIRACUSA:Yes. One of the concerns of the community is that once the homes are <br />built the children will not have access to those ponds. Would you address that, please. <br />BARDEN:Absolutely. We€ve talked about that and that€s one of the points that Neri, <br />our consultant brought up as well. The difficulty with that is that there€s going to be an HOA <br />that€s going to be responsible for managing the grounds; and with the point of bringing in <br />childrenintotheproperty,thenyouhavealiability;andthat€skindofaconcernthattheHOA <br />would have to agree to. As far as the private owners people inviting people or guests over, that€s <br />a stipulation of the HOA agreement that we build at that time. The idea behind this development <br />is not to come in and put up big walls and block out the rest of the community. As you can see <br />from our design and the density that we definitely want to make something that fits into the <br />community as well as, you know, other people maybe in Keaukaha want to move into these units <br />as well. So -. <br />SIRACUSA:What is that acronym, HOA? <br />WATANABE:Homeowners Association, they€re concerned recently about liability. <br />BARDEN:So if a child were to fall into the pond and go unconscious or something or <br />something or drown, then basically the landowner would be responsible; and I don€t know how it <br />works with the State or County lands, so -. <br />HIGGINS:Other than the County acquiring the land, the homeowners€ association <br />comprised of the residents of this site is the best way, I think to have perpetual maintenance of <br />the property. Four individual lots wouldn€t do it because everybody points to his problem. But <br />23 people that constitute a homeowners association perpetually will be able to maintain these <br />ponds. <br />WATANABE:I think though in that same vein the community is more concerned about <br />whether there are actually fences going up. And it doesn€t sound like that€s what you€re <br />proposing. Do we have any other questions of the applicant? <br />DOMINGO:Mr. Chairman? <br />WATANABE:Yes. <br />DOMINGO:It has been mentioned that on different occasions Apapane Street has been <br />used as a bypass because of some accident or whatever, incidence preventing access on <br />Kalanianaole Highway. How long is Apapane Street? What€s the length of that street? <br />26EXHIBIT A <br /> <br />