2010-10-11 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Ms. Self commented that she's not comfortable with this. First of all, if you look at the County Code, the way it's written is to purchase something for the public to use. Since this is private property, it's not going to be open for the public to use for any purpose and will remain as private property. In addition, if the County contributes to purchasing of this conservation easement there is no money right now for management let alone the responsibility since the monies in the 2% Fund can only be used for acquisition. Mr. Whitt replied that those are some valid points made and they have worked with various State and County agencies in the past to address similar issues. In regards to the first question, yes, the citizens of the County would not have use or access to the property however the benefit would be to protect these lands through food sustainability by keeping the costs of food down. Also it can help off -set the more difficult times now that we're dealing with high fuel costs and shipping prices. Secondly, would be for the protection of potentially 60 jobs that could be lost should the farm close operations. Ms. Self asked if the County of Maui (COM) purchased a conservation easement and is it held in their name. Mr. Whitt replied yes, the land trust is the primary holder who is responsible for management and enforcement and the COM is the secondary holder. Ms. Springer asked if there are any other County programs that they could partner with besides the Commission. Mr. Sensenig replied that they can partner with the State, Department of Land and Natural Resources, Legacy Land Conservation Program (DLNR LLCP) and Federal, Natural Resource Conservation Service, Farm and Ranch Land Protection Program (NRCS FRPP). Ms. Self added that there are grants that are also set up through the County, Research & Development Division (R &D) that could be something that they can look into. Mr. Hirakami asked if the Ha farm is in production. Mr. Sensenig replied yes, approximately 600 acres is in production and this easement would be for about 265 acres. Mr. Hirakami asked how much money are we talking about for the easement. Mr. Sensenig replied that it's generally half of the appraised value, between 25 and 50 percent of the property market value. There hasn't been a recent appraisal but one would be done should the County pursue this request. Mr. Hirakami asked what restrictions are there in using the money for agriculture or development once the landowner receives the money. Mr. Sensenig replied that the landowner is selling their right to subdivide, build and /or develop their property and there is no explicit requirement that they must use the money as specified. Should the owner sell the property it would be subject to the rules of the easement. The land trust does not own the property in any way, they just make sure that it's being managed and maintained. Ms. Markovich asked how the County would be protected if we purchased this easement. Mr. Whitt replied that if the land is sold it will be in perpetuity however; the easement restrictions will be on title and the new owner would have to abide by that. Mr. Sensenig added that the land value would be worth about 50% less because of the restrictions and the County's interest would just carry over with each new owner. Mr. Whitt added that one of the requirements of the FRPP is that a conservation plan must be in force which will ensure that the property is being used for the right purpose. -2-