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<br />KAHOLO: They sell it as is, and the next person say, guess what, the County or State are liable for
<br />that. So, you know, that’s a concern of mine right here -.
<br />
<br />HOSMER: Right, I understand what you are saying.
<br />
<br />KAHOLO: Because that is the biggest problem. Because, coming off the conference, erosion is the
<br />biggest problem with the state of Hawaii right now, and this is what we were talking about in Maui
<br />in those classes. And when you look at those sand coming in with the wave, Mother Nature dictates
<br />now, that can create a problem for all the coastline with pools. So, you know, that’s a big issue. So
<br />we need to really think about it, you know, really look at the big picture what is our concern. You
<br />have the rocks out there. It doesn’t stop. When, you know, you’ve been in Kona, you live in Kona,
<br />when the south wind comes in with those breaks, it will bring a lot of sand in. Okay, that’s all I
<br />have.
<br />
<br />BEAUDET: Thank you, Commissioner Kaholo. Commissioner Unger.
<br />
<br />UNGER: Yeah, I had the same question to corporate counsel here. If we approve this, what is the
<br />County’s liability? If somebody got hurt, if the homeowner, even with a disclaimer, what is the
<br />County’s responsibility, if we approve this? And could this property owner come back and sue the
<br />County?
<br />
<br />MASUNAGA: You know, I would say, if it happened within the metes and bounds of the owner,
<br />it’s, the liability is on the owner of the property. Anybody could always sue the State, the County.
<br />I would certainly move to dismiss as a party, but, you know, as a practical matter, a lot of times
<br />when you have these issues, they will sue the owner, they will sue the State, they will sue the
<br />County. We would ask, you know, to, I can’t predict what the court would do, but in terms of, I
<br />would file a motion to dismiss, yeah. I don’t know if Mr. Brilhante has any comment or conflict
<br />with what I said. Bill?
<br />
<br />(Secretary’s note: Mr. Brilhante, counsel to the Planning Department, approached the table and
<br />spoke to the Planning Director. Commissioner Nobriga left the meeting at this time, at 10:55 a.m.)
<br />
<br />ERENBERG: Can I ask one more question, please? You’ve been addressing liability and you’ve
<br />been addressing problems with sand. You know, we are presently working on a pool and a spa
<br />that’s completely filled up with sand. I am really concerned about what your concerns are from a
<br />liability standpoint that they would be able to come back because of sand getting inside the
<br />swimming pool. I mean there are several pools there now where renters are abusing the pools and
<br />washing their feet off and going from the ocean into the pool. And three doors down there is a pool
<br />presently that where the setback it’s all sand in their backyard, and there’s sand around where the
<br />pool is; it’s completely surrounded by sand, and when the wind is blowing, the sand blows into the
<br />pool. And all of that has been taken into consideration before the building of the pool to eliminate
<br />any staining and from a maintenance standpoint eliminate anything that’s going to be a problem.
<br />As a matter of the fact a lot of people use sand filters, which use sand for filtering out the water.
<br />
<br />BEAUDET: Thank you.
<br />
<br />KANUHA: The Department’s corporation counsel generally agrees with the reading taken by
<br />Commission’s counsel that, you know, the County would probably not be directly involved in it.
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<br />EXHIBIT B
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