2006-12-11 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Mr. Yada stated he had a phone conversation with the DLNR administrator of the State Fund Program and his impression was that the State legacy land fund will operate like a grant program. They are basically a source of fund and will accept grant applications for funding and they will review and make a decision as to who gets what. Mr. Campbell asked if that was per project or like a grant for funding into the land acquisition fund in general. Mr. Yada stated from what he was told, the applications were open to non - profit, State and /or County for acquisition. Mr. Yada stated those parties would apply for specific acquisitions and then a decision would be made however he didn't know the details of the process yet. Mr. Yada stated in his mind it was awkward because they have whole year to take applications and then make a decision towards the end of the year. Mr. Yada stated retail transaction needs to be taken right away. Ms. Walker asked what will Mr. Yada's role be when the State grants funding from the legacy land fund. Mr. Yada stated he was not sure but he will get more detail from the State's process and how the County and State can coordinate together. Mr. Flores stated getting back to Kawa`a, according to Ordinance Section 2 -218, does that mean that the County can't pay more than the appraised price of 1.9 million but does that preclude enhancing it with another non - profit fund to add onto the appraised price? Mr. Yada stated that was a good question. There was something on Waipi`o where private individuals were willing to donate funds over and beyond what the appraisal would be. Mr. Yada stated in conferring with Corporation Counsel, as long as the County was not putting out more than the appraised value then it would probably be okay. Mr. Yada stated he was not sure what the State's restrictions were. Mr. Flores asked if the County or State would go thru condemnation proceedings. Mr. Yada stated he was not sure what would take them to that point. The question was do you pursue condemnation or go down to number 2 on the list. Mr. Yada stated he was not sure if they did any actual condemnation while he was at DLNR. Mr. Yada stated it would depend on the issues and the reasons why you would condemn; if it's for archaeology or burial, those sites are already protected by law. Mr. Flores stated he needed to look but he was sure there was a provision in the State law. Mr. Yada stated they purchased GIS software however they still had to go thru the procurement process to obtain a laptop. Mr. Yada stated as they get further into the year, they will be able to facilitate more information.