COM 0118.031 2002-2004 - Laserfiche WebLink

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Ocean View Community Meeting September 21, 2004 Bill 49, Dratt 3, Agricultural Land 'I~axation program from the beginning, when it started in 1973, perceived that a minimum of 5 acres would be necessary in order to make agriculture afull-time occupation. Mr. Tyler stated for pasture and orchard uses that may be true. but with newer different types of crops in diversitied Ag, such as potted plants, grccuhouses, nutriciticals, etc., this perception may no longer apply to all situations. Mr. Oshiro reiterated that if a property owner subdivides his lot down to smaller parcels, it would mean they would receive benefits that may be unfair to others in the program, and they should be considered in breach and receive the rollback penalties. Mr. Tyler feels that only the large land owners will benefit if the County does not allow subdividing while in Ag use. Mc Takaba questioned why the property owner would not want to dedicate the property to Ag and take advantage of the benetts, and Mr. Tyler replied that not all families would want to make such a long commitment. Mr. Tim Bates, a certitied appraiser who attended the meeting, asked who was the enforcing agency that made sure the property owners claiming benefits for Agricultural use were actually performing the required functions. Mr. Takai stated they had to look at that; he said that when the application is made. a representative from the Tax Office will go to the site and verify the use. Discussion continued on the verification and enforcement of the use. Mr. Bates asked if there could be written rules regarding enforcement so it is made clear to applicants. Mr. Tyler stated that applicants sign the application under penalty of perjury. Mr. Bates stated that the way laws are written sometimes set them up for failure. Mr. Jacobson stated that people don't pay attention to the perjury clause when signing documents. The perjury clause isn't enough enforcement, as the penalty for perjury isn't enough to sway them into complying with the program. Using the Federal Schedule Fand/or the State Excise Tax forms for verification was suggested by Mc Bates and Mr. Tyler. At this time, discussion shitted to start-up farms and providing for properties unable to produce the required $2,000 per year income until they arc established. It was stated that if the farmer was functioning under standard recognized farming practices. they would be in compliance with the program. Mr. Tyler stated that large and small farmers in forestry should he treated alike. Mr. Bates suggested that a family wanting to leave parcels to children should consider leaving the parcel to one of the children rather than several. He stated that when a parcel is left to several family members. it can cause division in a family. He next mentioned the problem with land speculation. He stated that speculation is driven by a lack of supply of the lowest economic strata of real estate. He suggested increasing densities with common living spaces to eliminate land speculation. Mr. Tyler stated that people do want to come into buy land and live here, but Mr. Bates pointed out that this is driving local families off their land because the vahiations are ever increasing and they can't afford to stay there. He stated further that the County has to somehow focus on preserving Ag lands and open spaces on the island. He said that the farmers producing crops or making a living oft the land should he protected. If living on Ag land, it should be used for Agriculture. Mr..lacobson asked how a person would go about setting up housing on anon-dedicated parcel. Mr. "fakai explained that a person would need to till out the Ag program applicatiou, in which they would include a sketch of the property showing which portion would be in functioning Ag use and Page 4