2009-07-13 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Ms. Self asked that Mr. Inaba check on whether the County will be purchasing this property through other funds since a bill was passed for this acquisition. Ms. Chilson then mentioned that the PONC funds are held in different types of CD's of which the interest rate varies. The highest interest rate for CD's is 0.80% and the interest rate for the money market account is 0.20% with approximately 2.7 million in that account. Ms. Springer asked why the interest payments deposited into the 2% fund are staggered. Ms. Chilson replied that she would need to clarify with the Accounts division on that. Ms. Chilson then spoke in regards to Civil Case No. 4590 which provided access to the residents to reach Kawa bay and the adjacent shoreline area. She noted that TMK:9 -5- 17:07, which the County already owns is subject to easements that run along the old government road which lays parallel to the ocean. The only mauka /makai easements, pedestrian and vehicular, are located on Mr. Olson's property identified as TMK:9 -5- 16:06. Mr. Komata then asked if there is already access to the shoreline, then why does the Commission need to purchase the property. Mr. Flores added that other purposes for acquisition was also to protect natural and cultural resources along with the turtle nesting sites. (Ms. Chilson circulated a map to the Commission which outlines the parcels along with the easements). OFFICE OF THE CORPORATION COUNSEL'S REPORT Ms. Self had nothing to report. CHAIRPERSON'S REPORT Ms. Garcia had nothing to report. UNFINISHED BUSINESS • Commission to discuss creating new form for assessing public access suggestion forms (the commissioners went into discussion) Recess: 11:56 a.m. Reconvened: 11:57 a.m. (the commissioners continued their discussion) Ms. Springer asked Ms. Self what is the difference between an access and an easement. Ms. Self replied that the best way to explain it in general property law terms is "when you own a piece of property you have a stick of rights, bundle of sticks which represent different rights that you have. So when a landowner grants an easement he's not giving up his entire bundle of sticks, he still owns the property underneath the easement, so he's not giving up his fee simple ownership;