2007-02-12 Public Access, Open Space and Natural Resources Preservation Commission Minutes (Hilo Mtg)

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Mr. Flores asked about the status of the Waipi`o Property. Mr. Yada replied that they made a conditional offer at the appraisal value, but it was conditioned upon having sufficient monies in the fund after the Kawa` a purchase. Mr. Yada stated he got an unofficial call from the owner's representative, indicating they were not happy with the value. They understood that the County cannot pay more than the appraised value. They asked for an extension of time (April 30) to respond to the offer. The owners of the land will approach Trust for Public Lands to see if they could get additional monies. The environmental draft of the assessment will be coming out, for publication, in the next newsletter. Mr. Kaneshiro stated once they go out to public meetings, they will need Mr. Yada's help. Mr. Yada stated the State legacy's land fund was in limbo. The governor has not appointed a Commission for that fund. He's not sure how long it will take for them to get it up and running on their program. Their program is based on an annual grant type of award. People would apply for funding for acquisitions, and the Commission would review it. At the end of the year, they would decide on how to award the funds based on the applications. Mr. Yada stated during the phone seminar they had a few weeks ago, most funds approached acquisitions from a longer time period. Any seller that was going to work in using the State funds was going to have an extended acquisition over a couple of years. Mr. Gilmartin asked if it was in the works to fix the problem of what appeared to be the limit on the County only buying something for the assessed value or, someone else coming in and paying the difference between the assessed value and the asking price. Mr. Flores asked about clarifying the language in the existing ordinance. Ms. Self replied that Corporation Counsel was talking about people donating money as long as the County wasn't paying over the appraised value. Mr. Gilmartin thought that the County could not participate in buying lands, if the price was actually above the appraised value. Ms. Self replied no, it just says that the County cannot under any circumstances pay over the appraised value. Any donation from a private person would have to be accepted by the Council. But, it wouldn't show up as tax payer monies being paid. That's the whole point of the Ordinance. Mr. Yada thought it needed to be pointed out. This was not an official opinion but, as long as the County doesn't provide more than the appraised and as long as it's clear that the County was not paying that additional amount.