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GIFFIN: Why don’t you take the cursor? <br /> <br />VITOUSEK: Okay, so -. <br /> <br />LEITHEAD TODD: Would you like the pointer? <br /> <br />VITOUSEK: No, that’s okay. The County right-of-way is here, and then this is Doris’ house here. <br />Doris is here present in the hearing, by the way. (Mr. Vitousek briefly discussed the property <br />owner’s personal circumstances.) And she was having problems, as other people do in Puakō, with <br />people who would come down the right-of-way at night and park and drink and play their radios <br />and what not. And so she contacted the Planning Department to say, “Gee, is this right, I mean, is <br />this really what the right-of-ways were for?” And the representative from the Planning Department <br />came down and cited her for having an illegal wall, and filed an enforcement action against her <br />because she had an illegal wall. And it went to decision; there was a ruling that the wall was illegal <br />and it had to be torn down. That’s when I got involved; that’s when they contacted me. And so I <br />went and met with Mr. Yuen, and we negotiated an agreement where she paid the fine for the illegal <br />wall, so Doris paid the fine, and we were given time to apply for permits to make the wall legal. <br />And so we had to get a shoreline certification, and because -. Let me see. I don’t know what the <br />best way to do that is, but I’d like you to see what the wall looked like before. If I can -. <br /> <br />GIFFIN: Jeff? <br /> <br />VITOUSEK: So this is a photograph. The bottom one is a photograph of what the wall and stairs <br />looked like before. <br /> <br />GIFFIN: Stairs. <br /> <br />DARROW: Do you want me to take it out? <br /> <br />VITOUSEK: No, you can just, if you can just show it to them. And so what it shows is that the <br />wall that the former owner of Doris’ property built went straight across the County right-of-way, <br />and there was some stone stairs that went from the County right-of-way down to the beach, and <br />those stone stairs had been detached from the wall by surf, so there was a gap between the stairs and <br />the wall. And so what we needed to do in order to, in order to legalize the wall was we had to come <br />to an agreement with the Department of Public Works as to what the design of the right-of-way <br />would be. And Doris initially proposed – Doris is a special person – she initially proposed creating <br />a handicap access right-of-way, you know, where there would be a handicap parking place, a paved <br />path and a ramp. Well, the County rejected that because they felt that that would expose them to <br />liability. And so it took us quite a while to get the Public Works to agree on a design for the <br />right-of-way, and the only design that they would agree on was no stairs and just having the sand go <br />down into the water. And so -. Can we go back to the one that shows the shoreline setback, that <br />slide? <br /> <br />COTTLE: This one? Or this one? <br /> <br />VITOUSEK: That one, yes, if we can. So -. Actually, go to the, would you mind going to the <br />shoreline certification one first? So the original configuration, you can see here with the wall came <br />all the way across the right-of-way and there would be stairs, okay? And so what – can we go to the <br />7 <br />EXHIBIT B <br /> <br />