2014-09-18 Leeward Exh B (SSV 14-09)

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We take the same approach in terms of any liability, but that would not prevent somebody else from dragging, you know, bringing the County into any kind of litigation; it may not be these folks, it may be successive buyers, etc. but, yeah. And I think that’s essentially what Margaret had indicated, yeah? BEAUDET: Commissioners, any further comments? Would the applicant have any further comments before I open the floor for public testimony? ERENBERG: The only other comment I would have is is the transfer of liability. Whenever we build a pool, you know, there are incidents that may happen, not with what we are discussing today but in building a swimming pool, and the liability is not necessarily always transferred over to the next owner along with the warranty; if it’s put into writing that the implied warranty in situations that occurred where at the time with the original owner that built the pool, not with somebody that purchased the house five or ten years down the road. And I also believe that some sort of statute of limitation is on that as well. TANAKA: So Steve, excuse me, Commissioner, but Steve did raise a question with regards to the County’s concern on sand coming into the pool. And if, I just wanted to clarify if the Commission’s major concern was with liability on who, on where that would lie, is that correct? BEAUDET: I believe that was a concern that was brought up. But it -. TANAKA: So I guess Steve specifically asked what was the Commission’s concern with sand entering the pool, and so I guess we are looking for the response. UNGER: I asked the question and I think I was satisfied with the response from the County. But in particular I did see boulders on the other side, so I’m thinking not sand but if boulders came onto the other side and by chance hit anybody, you know, that’s the only concern I have. But I think I’m, anybody can sue anybody, but I’m okay with the fact that according to corp. counsel it would be dismissed in relatively short order. So I’m okay with the response, hopefully. HOSMER: But I think the idea, too, of the boulders is that can happen at any property, so. BEAUDET: So I have in front of me that no one from the public has signed up for testimony. So for the record, is there anyone in the audience who would wish to testify on this application? Commissioners, I need a motion to close this portion of the public hearing. HICKCOX: So move. BEAUDET: Second? UNGER: Move second. BEAUDET: Thank you. So, Commissioners, any further discussions or thoughts that we may have? So, Commissioners, I would now want to ask for a motion for action. UNGER: I’d like to make a motion. BEAUDET: Okay. 9 EXHIBIT B