Tuesday, July 24, 2007

Comments from Participants

(as of Thursday July 12, 2007)

  • Mission versus Vision:

    • Your organization's vision is all about what is possible, all about that potential. The mission is what it takes to make that vision come true.

      • Karen Shishido

  • Mission Statement

    • Need to be very clear mission statement.

      • Laure Dillon

    • Should mission statement/vision statement acknowldge WHY an Oahu Land Trust is needed? I noted that the KPLT mission statement does not have this; it states "seeks solutions for land conservation" but not solutions to what problem. I guess it depends on what degree of urgency we want to impart or assumptions we make about public awareness.

I like the phrase "community-based" as included by HILT in their mission statement.

I liked 'Ike 'Aina (T. Lechenko's) response on question of what projects currently are pending as part of the mission I would like to see OLT have. "(R)eturn the spirit of the land for traditional practices. Heal the land, heal the people. Empower communities for care and management." Though this paragraph from 'Ike 'Aina on " purposes" (p.6 Hawaiian Land Trust Background Information Compilation) is rather long, I like all that it encompasses:

A. Preserving, protecting, and restoring land for cultural, historic, ecological, educational, recreational, agricultural, scientific, and scenic or open space purposes by acquiring real property in the Hawaiian Islands or partial interests therein, including conservation easements as defined by the laws of Hawaii, to protect the physical environment, cultural resources and public access thereto, for ecological and aesthetic, purposes and to perpetuate cultural resources and practices for the benefit of the public.

I realize that many donors, board members and volunteers will be interested in the open space, aesthetic and recreational value of land conservation. This is probably the most compelling argument for fundraising purposes. I am personally equally or more interested in intrinsic value of protecting habitats/lands of ecological value, and using land trust as vehicle to protect and facilitate cultural and traditional practices on the land.

Mission statement should include action phrases on more specific tools and vehicles and emphasize community basis and working via partnerships.

Should mission statement/vision statement acknowldge WHY an Oahu Land Trust is needed? I noted that the KPLT mission statement does not have this; it states "seeks solutions for land conservation" but not solutions to what problem. I guess it depends on what degree of urgency we want to impart or assumptions we make about public awareness.

      • Karen Shishido

    • Include the following components in the LT mission statement or bylaws.

      Protecting and managing the resources of the land of the Island of Oahu and the seas of the state Hawaii.

      To assist appropriate public agencies in their missions to assure, the public access, the protection and conservation of resources, and the sustainable uses of the public lands and waters of the State of Hawaii, City and County of Honolulu, and all federal agencies.

      To work with private property owners and their agents for protection, conservation, and sustainable development goals.

      To provide assistance on issues relating to best management practices on privately held lands, and other goals of responsible stewardship.

      I suggest we should include the statement in the bylaws and I also think we should seriously consider that eventually that whatever we are building will most likely become the coordinating group for all the land trusts in Hawaii, and plan accordingly.

      The Oahu Land and Ocean trust will also cooperate with other organizations of similar public interest and conservation goals in the State of Hawaii and elsewhere.

      • Leon Watson

  • Additional examples of LT Missions from the continent:

    • The McDowell Sonoran Conservancy

      • The McDowell Sonoran Conservancy is committed to preserving the Sonoran Desert and its Mountains for the benefit of this and all future generations.

    • The Chelan-Douglas Land Trust

      • The Chelan-Douglas Land Trust is dedicated to helping people preserve and enhance the rich diversity of landscapes and lifestyles in our region for the benefit of present and future generations.

    • Marin Agricultural Land Trust (MALT)

      • Marin Agricultural Land Trust (MALT) is a 27 year old private, nonprofit, land conservation organization that protects farmland and ranchland in Marin County by acquiring agricultural conservation easements in voluntary transactions with landowners.

    • Mississippi Land Trust

      • The Mississippi Land Trust, a charitable, 501(c)(3) organization, works only with private, willing landowners to find ways to preserve Mississippi's rich history, prairies, red clay hills, bottomlands and bayous, coastal savannas, longleaf pine forests and scenic rivers and streams.

      • http://www.mississippilandtrust.org/whoarewe.html

    • West Virginia Land Trust

      • Founded in 1995, the West Virginia Land Trust is a statewide nonprofit 501 (c) (3) organization dedicated to protecting the rural and wildlands that give West Virginia its distinctive character, to preserving the state's historic sites and urban greenspaces, to assisting the preservation goals of local land trusts, and to fostering an appreciation and stewardship of West Virginia's environment…. Each director brings unique perspective, knowledge, and experience to the organization. Our directors are geographically diverse, and represent farmland preservation, cave conservancy, the practice of law, fiscal management, and professional experience at the local, state, and national levels in conservation work.

      • http://www.wvlandtrust.org/aboutus.html

    • New Mexico Land Conservancy

      • The New Mexico Land Conservancy is a state-wide, non-profit land trust organization established in 2002 to help preserve New Mexico's precious land heritage. We work to protect significant wildlife habitat, productive agricultural land and scenic open space throughout the state.

      • http://www.nmlandconservancy.org/

    • Vermont Land Trust

      • The Vermont Land Trust is a nonprofit organization that works with individuals, organizations, and communities to conserve land for the future of Vermont.

  • Vision

    • As the population and development pressures increase on O'ahu, we commit to acquire and preserve land to sustain natural habitat and recreational, scenic, traditional cultural and educational uses for present and future generations.

      • Karen Shishido

  • Organization Name

    • I heard the arguments for calling it a "land and Ocean trust" or doing away with the word "Trust" entirely; however I think the word is important in that it links the organization to a strong, larger (Land Trust) movement elsewhere; the word connotes holding something for the future, and has a generally positive ring. I think misunderstandings about differences between land trust and financial trusts can easily be corrected with basic outreach. I don't advocate putting the word "ocean" in because as far as I can tell, coastal lands have been actively included in land trusts, but the word "ocean" may be misleading since the formalities of state and federal jurisdiction etc. Hawaii’s designated coastal zone includes all land areas of the state and extends seaward three miles to the limit of the state’s jurisdiction.

      • Karen Shishido

    • I suggest we look at another name soon. Decide whether we want to use the moniker land trust at all, or Conservancy, or invent our own name. Mauka Makai is a better ecological basis than just mentioning the land. protecting the ocean resources and the NW Hawaiian Islands is also under our legal mandate and purview and ocean needs should be seriously considered.

      • Leon Watson

    • Possible names that people were mentioning in past meetings:

      • Oahu Land and Ocean Trust

      • Hawaii Land and Ocean Conservancy-Oahu

      • Oahu Mauka Makai Conservancy

      • Malama Oahu

    • Previous Suggestions

      • Avoid "trust" to avoid confusion with Alii Trusts

      • Do not end with the word "trust" because IRS thinks you are a bank

    • Most Common LT Terms:

      • Land Trust, Conservancy, or Foundation

    • Examples from Around the Country

      • Williamstown Rural Lands Foundation

      • Open Space Institute

      • Northeast Wilderness Trust

      • California Rangeland Trust

      • Center for Natural Lands Management

      • Golden State Land Conservancy

      • North American Land Trust

      • Pacific Forest Trust

      • Save the Redwoods League

      • Monterey County Agricultural and Historical Land Conservancy

      • Utah Open Lands Conservation Association

      • Friends of Alta

      • Great Basin Land and Water Trust

      • Swaner Nature Preserve

      • The Prairie Enthusiasts

      • Iowa Natural Heritage Foundation

      • Center for Natural Lands Management

      • Save Habitat and Diversity of Wetlands Organization

      • Skagitonians to Preserve Farmland

      • Tapteal Greenway

  • Relationship with Local Communities

    • The Ko`olau Foundation favors developing an `Aha Council for the island of O`ahu, then Moku Councils for each moku on O`ahu, then ahupua`a councils (or smaller `aha councils) for governing community land trusts in a given area. For example, we wish to establish a community land trust in Ha`iku Valley, ahupua`a of He`eia. We feel that we should be empowered to set policy and direction for that `aina, as would any other community pursuing a land trust elsewhere. Ideally, connection with that ahupua`a would give it a grounded, cultural foundation. The islandwide `Aha Council would set the broad, general policies, with the smaller `aha councils setting more personalized policies and directions (i.e., use, access, management, etc.) for the localized land trust `aina.

      • Mahealani Cypher, Ko`olau Foundation

  • Other Comments

    • Hawaiian participation and leadership are essential so that there is trust and support instead of opposition.

      • Laure Dillon

    • Engage the community in identifying priorities, providing financial support (as discussed in previous LT meeting, eventually want many small donors = more grassroots support and engagement)

Follow LTA guidelines and seek accreditation while acknowledging cultural and environmental uniqueness of Hawaii's lands which may require novel approaches

Learn about what traditional, cultural Native Hawaiian uses/users exist for a given area of land of interest and work from there; perhaps not necessarily our role to "connect people to the land"? (see MCLT) Yes, in the sense of enhancing access and education where appropriate; but strong cultural connections already exist and it's probably not the place of LT to be cultural facilitator. -->underscore role of local, community partnerships?

      • Karen Shishido

Page 1 of 5

Oahu Land Trust Forum

May 26, 2007

Oahu Land Trust Workshop Notes

May 26, 2007

UH Richardson School of Law

Written by Sunny Greer, TPL Intern

Lea Hong, Trust for Public Land (TPL)

  1. Summarize January 22, 2007 OLT Forum

  • Oahu Land Trust (OLT) serving as an umbrella to funnel funds

  1. There is no “land trust” organization on Oahu that is actually owning real property interests land (the fee or conservation easements)

    1. Neither North Shore Land Trust (NSLT), Community Trust for Kaneohe Bay (CTKB), nor Ike Aina, own any real property interests

  2. TPL’s history

  • 2000 used to give micro-grants to community groups that were not necessarily LTs. TPL recognizes there’s a need for a Land Trust (LT) for Oahu

Jonathan Scheur, OHA

  • Formation of a LT will transform people’s perception on relationship to land.

  • An org that can hold land will be very important to shift some of the balance of RE property development on Oahu

  • Important to be done and done right.

  • Samuel Kamakau (via Noel Kent) “…loving friends w/whom we share the universe with.” (Kanaka maoli perception of the resources)

  • OHA acquiring more aina. Challenging, costly but exciting.

  • OHA created “Ike Aina,” which attempted to be a Native Hawaiian LT. Still exists today, but ineffective because:

    • IA only had 1 yr funding for a PT Director

    • Mission drift (land transactions v. advocacy)—reduced focus

    • Not enough attention on creating a donor base and funding

    • Talent and energy not focused

    • Combined mana for effectiveness

  • Forming an OLT is critical to OHA. Wants to see it succeed

  • Ted Liu, DBEDT, 24K new jobs/yr, w/14K high school grads/yr. 10K person gap

  • Caution, not discouragement. This is a huge effort and endeavor

  • Vermont LT controls through fee or mgmnt 10% of lands in Vermont (Freeman Fdtn has helped the North Shore LT)

  • LT could play a major role in the future of HI nei

Piikea Miller, HCF

  • Trends in nonprofit sector “big, audacious sexy goals are fundable”

  • Funding LTs in HI

  • 2001 HCF nonprofit industry survey, repeated in 2006 hawaiicommunityfoundation.org

    • Enormous growth of 501c3s b/w 2000-2005. Increase by 27%

    • Growth of 32% coming to nonprofits. Contracts for programs and services driving that growth (fed/state govt). Mostly to health & human services programs. LTs generally don’t receive govt contracts

    • Small NPs growth in revenues competing for scarce funding

    • Struggle with effective board members, funding, office space, quality staff

  • Having one organization doing large scale protection would be more effective than many small groups trying to go after a small pot

  • You can have good talent, but you need a plan

  • Strong board, really good plan, good leadership

  • 3yr operating support grant to Hawaii Island LT – evolution from South Kona LT to island-wide was compelling

    • Strengthened their board

    • Strategic planning by Marc Smiley

Session 1: Land Trust Fundamentals (Marc Smiley)

  • Three words: thoughtful, intentional, strategic

  • To create an organization, use what we have, understand what is needed

  • There are 1,600 LT in USA. 80% of lands protected are protected by 100 LT.

  • Introductions

  • What is the one question you want to have answered today?

    • How do we convince LOs to protect their lands?

    • What’s the minimum core size of a board to make things happen?

    • How do you engage boards and keep them?

    • How do you build a donor base?

    • How do you deal with legalities that are contrary to conservation incentives? (Working against conservation disincentives)

    • How do you convince LOs and govt of cultural areas? Highlight value of cultural areas

    • How to create a lean organization that’s capable?

    • How do we ID who we are and differentiate from other groups

    • How to increase NH participation and general trust in LT w/n NH community

    • How to set policy w/respect to crown lands (if they ever become available) as part of the LT

    • How can we accelerate formation of LT in an effective way

    • How to partner w/fed, state, county entities to leverage resources

    • How to avoid being elitist – perception of LT

    • Where are the areas w/nexus for critical need and opportunities available

    • How do you manage what you save?

    • Is there a leader in this room to be the spark plug to make it happen?

    • NIMBYs – personal v. community interest conflict

  • Community organizations must reverse the trend from individualism to communities

  • How do we find a way to do this work and do this well?

Ground Rules:

    • Turn off phones

    • Listen to understand (2 ears, 1 mouth, use in that priority)

    • Here, here (voice of support to quickly cover more ground)

    • Be interactive but ask clarifying questions the moment they come to you

Problem: Promise the Perpetuity

  • Land conservation has to:

    1. Remove the threat (acquire land, transfer ownership)

    2. Manage the land forever

  • Conservation organizations must have a commitment forever. Generational concept.

  • Two Concepts for Sustainable Stewardship (Organizational Sustainability)

  1. Money / Endowment – pool of money to support the management of the protected land forever

  2. Community Institution – an organization that the community will refuse to let die because it’s too important to the fabric of the community

    1. LT are like libraries and museums, institutions for everyone in the community to enjoy and benefit

  • We are not doing responsible stewardship if the only goal is to remove the threat

  • People, Plans, Structures and System

  • Urgency is now. Recognize stewardship obligations

  • 2 Kinds of Good LT

    • Opportunistic – an organization that perfects its ability to answer the phone. Waiting for opportunities for a motivated LO to ask for assistance

    • Pro-Active – goes out and meets the people who have the land that needs to be protected for the communities; defines great conservation

  • “The best conversation involves a thousand cups of coffee (or cigarettes)”

  • “Conservations are hell to live with but make great ancestors.”

  • How do you deal with off-shore corporations w/no connection to the land? Create enough energy and power in the community that big business must work with. Community institution and community partnership

  • Partnership: Good partners are people who put their energy into solving the problems of their partner. In this scenario, great things happen.

  • “You make it worth their while.” – Dale Bonnar

  • LT are most effective when they steer clear of volatile issues of public policy. Separating public policy issues from land conservation is important.

  • LT are effective when they narrow their focus and succeed in that area of focus. Leaders recognize that you should have no opinion other than that regarding land conservation.

  • Steer away and focus. Staying out of the controversy is very important.

  • LT should be more informational than strong advocates. As your organization gets more stable and respected, you will be a resource that LO and business will seek

  • Risks: Organizations can take risks to the degree that they can absorb the consequences of such risks.

  • 3 Types of Arguments

    1. Logos – focuses on the message; it’s all about “logic;” most common but weakest of any type of argument

    2. Pathos – focuses on the listener; it’s all about “emotion;” Nothing drives faster than a tear---Aristotle; short-term

    3. Ethos – focuses on the speaker; it’s all about “credibility, integrity, goodwill” of the speaker;

  • People don’t follow ideas. People follow people.

      • Credibility defined by People

      • Integrity defined by Plan

      • Goodwill defined by Partnerships

  • How do we move corporations? Establish a presence and ethos more powerful

  • Most common mistake or organizations is a focus on logic and emotion. Focus should be on ethos.

Characteristics of Proactive Conservation Work

Professional Organizations have the following foundations:

    • Adequate Paid Staff (4+: ED, Programs, Resources, Administration) Specialization of Function

    • 2,000 Individual Members

      • 90% donors giving $50/yr + 10% donors giving $500/yr = $190,000/yr

      • Members needed to generate sustainable funding to support the organization

    • Planning:

      • Strategic Plan – includes annual, operating or implementation plan

      • Fundraising Plan – how to change influx money to sustain us forever; comprehensive and long-term vision

      • Conservation Plan – long-term management & stewardship. Helps organizations figure out:

  1. Where are we going to be proactive?

  2. When are we going to be opportunistic?

      • Inherent in all the above plans is answering one question: When do we say “No?” Plans should tell you what you don’t do.

  • Sustainable revenue is needed to support the staff. Have funding to hire professionals and sustain them in their jobs.

  • Our business is about relationships.

  • We need to build a LT that can hire a professional staff and sustain them forever, for as long as the organization exists.

  • Tension: You need to create an org that’s big enough to sustain a support but have the ability to stay “LOCAL.”

  • How can we have a regional organization and maintain a local identity?

    • Merging of existing LT where smaller LT maintain their own logos, letterhead, under the umbrella of one main LT

    • It is more effective to give up a little bit of ego for the greater good

  • An organization needs strong leaders, professional staff, and an influx of funding

  • Unless you have the above foundations in place, you will not be an effective land conservation organization.

  • As an org emerges, it needs to go out to other orgs (who have other plans) to determine what role land conservation supports what others are already doing. Take on only what’s appropriate for your niche.

  • When plans are being developed, break barriers and be at the table. Create partnerships and meshing of differing plans. Planning process must have participation and involvement of stakeholders.

  • Process is essential. The quality of the plan is less important than the process of developing the plan and actively engaging all the interested parties. Collective sharing is easier to realize.

  • Find the local “Colin Powells” of your community and let them become the LT Board to open the doors for the organization

  • Effectively and accurately communicate the expectations of holding a leadership in your organization.

  • Create an organization that everyone wants to become part of. Act like a professional, effective organization and you will attract professional and effective individuals.

  • Set your sights high, realistically and honestly.

Questions to Consider:

  1. What concepts this morning are most important to conservation on Oahu?

  2. What do we want?

    1. Size

    2. Focus

    3. Make-Up


  1. What numbers do we need to be sustainable? (Members, revenue)

  2. Size matters (geographical size, organizational size)

  3. How do we develop ethos soon?

  4. Inclusive v. Exclusive

  5. “Be singular and be mighty.”

      • Connect and stay local.

      • Make each moku / region represented through open communication

      • Keep local organizing work. Balancing.

      • Analogy of a banyan tree w/aerial roots to represent singular entity with local roots

  6. Complexity on land issues in HI

      • Mindful of complexities

  7. Find local “Colin Powells”

      • People with great ETHOS

      • The right person to ask - Connections

      • Everything else follows great leadership

Dale Bonnar: Maui Community Land Trust (refer to Power Point entitled “MCLT Origins”)

  • Get your organization’s name in the newspapers. You must have good publicity. Get your face out there. Public relations is important

  • Advertising: For someone to do something, you need to hear something nine (9) times. Put it out 27 times before it’s ingrained into someone’s consciousness.

  • Have a diverse board to represent all the different segments of the community

  • Publicize to all county papers. Continue to do publicity. Have good relations with the papers.

  • To get big landowners to talk to you, you have to make a sincere effort and show what’s in it for them

  • Attend the annual Land Trust Rally. Next one is in Denver, CO.

  • Think big. What do we have to lose?

  • Have the right people in the right place at the right time.

  • There’s money out there to support the things we do. The key is tapping into these sources.

  • $5 million was raised to protect Waihee Preserve: 277 acres – one of the densest sites of numerous burials in the State

  • Maintain the ethos. Be open and respectful to segments of the population with opposing viewpoints

  • Challenges to Overcome

  • Conflicts b/w traditional, cultural ways of addressing conflicts and modern “western law”

      • Restricted sites (sacred, gathering areas

      • Clouded titles

      • Water rights’ language and naming issues

      • Conflicts/disagreements b/w various tribal elders

      • Ignorance

  • Harvard Environmental Law Journal: "Ua Koe Ke Kuleana o Na Kanaka" (Reserving the Rights of Native Tenants): Integrating Kuleana Rights and Land Trust Priorities in Hawaii www.law.harvard.edu/students/orgs/elr/vol29_2/garovoy.php

  • Try not to be involved in a controversial project that alienates people.

Session 2: Building a Successful Land Trust – People (Marc Smiley)

Board of Directors, Committees and Advisors

(refer to “Building An Organization” Handout in folders)

  • Expand the notion of the organization beyond the BOD. Expand to:

    • Committees

    • Advisors

  • Every Board member must be in a Committee

  • The Board meeting is to coordinate and manage what was discussed in Committee meetings.

  • Boards coordinate, authorize, empower and move on

  • Boards w/o Committees move very slowly

  • Problems that occur are that there are people who are on the BOD and instantly are not actively engaged.

  • Committees – those who have talent, commitment and energy but may not have the right fit yet to serve on the Board

  • Advisors - group of people who are less engaged than Committee and BOD members. They can give offer their advice, resources, connections, but not their calendar.

  • Supporters – people who are providing some degree of tangible support to your organization (in-kind contributors, donors, volunteers) and have a vested interest in your success

  • People Who Know You – people who can define your mission and what it is you’re about. Represents the rest of the world

  • Consider the many steps required to make orgs successful.

      • You must make a conscious effort to get people who don’t know you eventually know you and what you’re about.

      • Understand values of org are aligned w/personal values

  • A Board members’ job is building strategic relationships with different segments of the community

  • Building friends precedes building funds

      • Great fundraising is preceded by great “friend-raising”

      • Fundraising is a process of building relationships and over time converting that relationship into something people care about.

      • Build them as friends, move them in as supporters

  • Best pool of potential Board members are those who know, like, engaged and are involved as non-Board Committee member

Three (3) Step Philosophy: Incremental Involvement

    1. Recruit to Task

    2. Upgrade to Project

    3. Evolve to Leadership

  • People who could be perfect leaders are unlikely to step into that role initially unless they first become involved

  • This is a respectful way of getting people involved in small increments

  • There is a place for everybody in this organization. There’s a place for everyone in the circle. Reflect and respect everyone’s contribution

  • Term Limits: Stagnation and Elitism may result if your BOD does not change its membership

      • Keep the talent of former BOD by transitioning them into Committees, Advisors, Supporters

  • Don’t worry about the size of Board.

      • Smaller boards have the advantage of efficiency, but the disadvantage of discontinuity.

      • Larger boards have advantage of horsepower and disadvantage of overhead and management.

Challenges In Making the Circles Model Work

  1. By-Laws Limitations / Restrictions” – should be a framework for defining how your organization works. Keep your by-laws simple and stream-lined

  2. Coordination / Communication b/w different circles. Board meetings should be the opportunity to address these issues. This is where staff assistance is critical

  3. Getting the right people in the right circle w/o bruising egos. (Try getting people in Committee or Supporters group first before getting them into the BOD)

  • Executive Committee – should be weak group. If EC is too strong, this will result in a weak BOD

Four (4) Critical Elements for any Group / Committee (refer to “Committee Overview,” page 56)

    • Purpose/mandate

    • Leader

      • Organized

      • Motivated

      • Accessible

      • Good Communicator

      • Engages Everybody

    • Members

    • Work Plan

      • “Committee Job Description” (refer to page 32) Follow this template to get things done and done well

  • Be clear of what each person’s duties and responsibilities are. (refer to pp. 2-15)

  • Conflict of Interest (refer to page 16). Retain credibility among IRS and Funders

      • Actions done in the community’s interest, not in the individual Board member’s interest

  • Organizational Structure (pp. 20-23)

Basics of Board Development (refer to page 25-42) ROTER

  1. Recruit good people – fit a particular profile, help build the diversity and support the organization

  2. Orientation of Board members

  3. Train the Board members to give them info to be effective

  4. Evaluate Board members and give them feedback to determine if they’re helpful and effective

  5. Recognize Board members

  • If you do your leadership development exceptionally well, everything else will follow

  • This is where being intentional and strategic is critical

  • “Board Profile Grid” (refer to page 28)

  • “Board Member Agreement” (refer to page 39-40) to define expectations for prospects

Comments regarding page 39:

I want to serve on this board because:

  • Opportunity to leave a legacy for future generations

  • Altruism, selflessness. Belief in the mission of organization

The things I expect to enjoy the most about being on this board are:

  • Meeting like-minded people

  • Working on active, real projects

The things I expect to enjoy the least are:

  • Going to unproductive, ineffective meetings

  • Fundraising

There are certain personal or professional goals that my involvement in this group can help satisfy. The areas where I want to grow are:

  • Learn how real estate transactions

  • Learn how to fundraise

  • Opportunities to network and create professional relationships

Short meetings: “The mind can absorb what the butt can endure.”

Session 3: Building a successful Land Trust – Process & Structures (Marc Smiley)

  • What happens in the next 60 days?

  • Who should be at the table? Who should be in these circles?

  • Who are your most important stakeholders? How are you ensuring that they are involved in the process?

      • What is the need that exists out there?

      • What are the trends that affect that need?

      • What is our capacity and capability as an organization?

  • What won’t we do? What is it that we will exceptionally good at? What’s our focal point?

“The Planning Cycle” (refer to page 47)

  • The product of planning is significant less important than the process

  • Participation = Ownership

  • Great participation will ensure that things get done

  • Great leaders have time to give, but they don’t have time to waste.”

  • Overlapping our capacity on top of the need defines what our plan is.

  • Planning is defined where you want to go and how you wan to get there

  • The most successful plans narrow an organization’s focus, not broadens it.

  • Narrow your focus and succeed wildly

  • Planning is a 3-step forward, 1-step backward proposition. There’s a reason why we call it a “Retreat.” Understand your success and failures

  • Planning is a cycle with three (3) big components

      • Organizational Assessment (Capacity & Capability)

        • What is our capacity to do good things?

      • Environmental Analysis

        • What is the need?

        • What are the trends?

      • Program Evaluation (Outcomes and Outputs)

        • Are we doing the right thing?

        • Are we doing the thing right?

  • Participation in the gathering of information is critical. Gathering good information to make good decisions.

      • Strategic Direction (Missions and Goals)

      • 3-Year Plans (Programs and Projects)

      • Implementation (Work Plans and Budgets)

        • Requires annual plan and budgets

  • Crucial: “Decision” Process and “Doing” Process

  • The integrity of your ethos includes a great planning process and product

Need v. Vision (refer to page 48)

  • Define your need

  • Clearly define a niche for your organization that is a basis for your Strategic Plan

  1. Mission

  2. Goals (Outcomes)

  3. Strategies (Approaches)

  4. Programs and Projects (Outputs)

  5. Work Plans (Accountability)

  6. Functional Budget (Program Costs)

  • Defining the niche provides the framework of what the org “does” and “does not do.”

  • Keep your niche narrow to start. As your capacity grows, then strongly consider expanding your niche.

Strategic Plan (refer to page 55)

  • The Strategic Plan is “the mother of all plans”

  • Engage people in making this happen

Fundraising (refer to “Where is the Money?” on page 57-60)

  • Successful only when other components exists

  • Fundraising is successful with Leaders and a Plan

  • Individuals are the key source of funding for nonprofits

  • Align other people’s vision with your vision

  • Truly successful fundraising is an exchange

  • Don’t ask people for money. Go to people and give them an opportunity to make a difference. (It’s not a matter of “if” but one of “to whom” and “when.”)

  • Never ask people to give. Only ask people to invest.

  • Find ways to make fundraising easy

  • “Friends and Family” workshop

“So What?” (refer to page 61)

What are the most important ideas presented today for your organization?

  • Get a Colin Powell – opinion leaders

  • Get many leaders

  • Incremental involvement

  • Getting the right mix of people (profile grid on page 28)

  • Have something happen in the next 60 days

  • Know when to say “yes” and when to say “no”

  • Participation = Ownership

  • Narrow your focus. Succeed wildly.

  • Make no small plans

  • Utilize partnerships

  • Go professional

Which items are the most important first steps towards some of these improvements?

  • Find the leaders

  • Utilize the Board grid (page 28)

  • Core working group & Interim work plan

  • Outreach to community to define strategic plan and define the mission. Clarity on focus.

  • Seize the Day

  • Create a Board Formation Committee

  • Board member needs 3 W’s: Wit, Wealth or Work

  • TPL Leadership

What areas do you think need additional clarification and training?

  • Dealing with conflict & closed minds. (Key is not to eliminate conflict but manage it)

  • Which comes first? Build the board first? (Yes. People precedes Plans.)

  • Collaboration / merger conversations (Any existing Oahu-based LT?)

  • How to become “sexy” / rock stars

  • Media Training

Who are some of the people we should try to engage as leaders with aligned values of an OLT?

  • Kathy Ireland

  • Peter Young

  • President of A&B

  • Brian Shatz (?)

  • CEO of Kaneohe Ranch

  • George Ariyoshi

  • Nainoa Thompson

  • William Aila

  • John Morgan

  • Head of Architects, Engineers

  • Vicky Holt-Takamine

  • BJ Mailer (?), Kamehameha Schools

Immediate “Next Steps”

  • Get a core group of people to develop an interim work plan

  • Sign either “Yes, I Want to Help!” sheet or the “Maybe – Keep Me Posted” sheet before you leave

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1010 Richards Street

Mailing Address: P.O. Box 40, Honolulu, Hawai'i


(Section 415B-34, Hawai'i Revised Statutes)

The undersigned, desiring to form a nonprofit corporation under the laws of the State of Hawai'i, certify as follows:


Corporate Name

The name of the Corporation shall be Community Trust for Kane'ohe Bay.


Location of the Corporation

The location of the Corporation and the street and mailing address of its initial office shall be 47-200 Waihee Road, Kane'ohe, Hawai'i, 96744.


Corporate Purposes

Section 3.1 Purposes. The Corporation is organized exclusively for the purposes of promoting the preservation, enhancement, and sustainability of resources related to Kane'ohe Bay and its Watershed. To achieve these purposes, the Corporation is organized for the following objectives and activities:

(i) Promote preservation, protection, and restoration of natural ecosystems, agricultural, aquacultural, cultural and historic resources;

(ii) Foster community-based stewardship of the resources;

(iii) Advocate for ecologically compatible uses, as well as living and working practices, including, but not limited to, appropriate recreation, agriculture, fishing, and cultural activities;

(iv) Promote educational opportunities and foster appreciation and awareness of the connections between land, water, and human activities;

(v) Acquire, lease, hold, manage and dispose of land, easements, and interests in land within the State of Hawai'i in a manner designed to meet and achieve the purposes and objectives of the Corporation;

(vi) Operate exclusively for charitable, scientific, literary, religious, or educational purposes, within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1986 (or corresponding provision of any future United States internal revenue law); and

(vii) Transact any or all lawful activities for which nonprofit corporations may be incorporated under Chapter 415B, Hawai'i Revised Statutes.

Section 3.2 Restrictions. No part of the assets, funds, or earnings of the Corporation shall inure to the benefit of any member or director of the Corporation or any individual having a private interest in the activities of the Corporation, except for services actually rendered to the Corporation. The Corporation shall not participate in or intervene in (including publication or distribution of statements) any political campaign on behalf of any candidate for public office. The term "funds of the Corporation”, as used herein, shall mean and include any properties and moneys then held by the Corporation, including any proceeds from the sale of any properties sold or otherwise disposed of by the Corporation.

Notwithstanding any other provision of these Articles, the Corporation is organized and shall be operated exclusively for charitable, scientific, literary, religious or educational purposes as a nonprofit corporation and the Corporation shall not carry on any other activities not permitted to be carried on:

(i) By a corporation exempt from federal income tax under Section 501 (c) (3) of the Internal Revenue Code of 1986 (or the corresponding provisions of any future United States internal revenue law); or

(ii) By a corporation contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1986 (or the corresponding provisions of any future United States internal revenue law).


Corporate Powers

The Corporation shall have and possess all the powers permitted to nonprofit corporations under the laws of the State of Hawai'i.


Corporate Life

The duration of the Corporation shall be perpetual.


Directors and Officers

Section 6.1 Board of Directors. There shall be a Board of Directors consisting of not fewer than three persons at least one of whom shall be a resident of the State of Hawai'i. The number of directors shall be fixed by the Board of Directors in accordance with the Bylaws. The Board of Directors shall have and may exercise all the powers of the Corporation except as otherwise provided by these Articles or the Bylaws.

Section 6.2 Officers. The officers of the Corporation shall be a president, one or more vice-presidents, a secretary, and a treasurer. The Corporation may have such additional officers as shall be determined in accordance with the Bylaws. The officers shall have the powers, perform the duties and be appointed in the manner set forth in the Bylaws. Any two or more offices may be held by the same person unless such practice is prohibited by the Bylaws; provided, however, that not less than two persons shall be officers.

Section 6.3 Initial Officers and Directors. The initial Board of Directors shall consist of twelve (12) persons. The following persons shall be the initial officers and directors of the Corporation and shall hold office until their successors are duly elected pursuant to the Bylaws:

Name and Office(s) Held


Gretchen Gould,


44-365 Kaneohe Bay Drive

Kaneohe, HI 96744

Gordon Grau,


45-119 Lilipuna Road

Kaneohe, HI 96744

Randall Harr,

Director and Treasurer

538 Uluhaku Street

Kailua, HI 96734

Lehman Henry,


46-329 Ikiiki Street

Kaneohe, HI 96744

Charlene Hoe,


48-140 Kamehemeha Highway

Kaneohe, HI 96744

Amy Luersen,


47-102 Hui Kelu Place

Kaneohe, HI 96744

Carole McClean,


46-451 Kuneki Street

Kaneohe, HI 96744

Jacqueline Mello,

Director and Secretary

47-874 Ahilama Road

Kaneohe, HI 96744

Colleen Meyer,


47-309 Kamehameha Highway

Kaneohe, HI 96744

Pi’ikea Miller,

Director and Vice-president

47-109 Kamehameha Highway

Kaneohe, HI 96744

John Reppun,


47-410 Lulani Street

Kaneohe, HI 96744

Charles Reppun,

Director and President

47-410 Lulani Street

Kaneohe, HI 96744


Liability and Indemnification of Officers, Directors, Employees and Agents

Section 7.1 No Liability to Corporation. No director, officer, employee or other agent of the Corporation and no person serving at the request of the Corporation as a trustee, director, advisor, officer, employee or other agent of another corporation, partnership, joint venture, trust or other enterprise and no heir or personal representative of any such person shall be liable to the Corporation for any loss or damage suffered by it on account of an action or omission by such person as a trustee, director, advisor, officer, employee or other agent if such person acted in good faith and in a manner reasonably believed to be in or not opposed to the best interests of this Corporation, unless with respect to an action or suit by or in the right of the Corporation to procure a judgment in its favor such person shall have been adjudged to be liable for negligence or misconduct in the performance of his or her duty to the Corporation.

Section 7.2 Indemnity

(1) The Corporation shall indemnify each person who was or is a party or is threatened to made a party to any threatened, pending or completed civil, criminal, administrative or investigative action, suit or proceeding (other than an action by or in the right of the Corporation), by reason of the fact that such person is or was a director, officer, employee or agent of the Corporation or is or was serving in such capacity at the request of the Corporation in any other corporation, partnership, joint venture, trust or other enterprise, against expenses, attorneys' fees, judgments, fines and amounts paid in settlement, actually and reasonably incurred by such person in connection with such action, suit or proceeding, if such person acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the Corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The terminating of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that such person did not act in good faith and in a manner which such person reasonably believed to be in or not opposed to the best interests of the Corporation and, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.

(2) The Corporation shall have the power to indemnify each person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding by or in the right of the Corporation by reason of the fact that such person is or was a director, officer, employee or agent of the Corporation or is or was serving in such capacity at the request of the Corporation in any other corporation, partnership, joint venture, trust or other enterprise against expenses and attorneys' fees actually and reasonably incurred by such person in the defense or settlement of such action or suit if such person acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the Corporation; provided that no indemnification shall be made in respect of any claim, issue, or matter as to which such person is adjudged to be liable for negligence or misconduct in the performance of his or her duty to the Corporation unless and only to the extent that the court in which such action or suit was brought determines upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expense and attorneys' fees which such court deems proper.

(3) To the extent that a person seeking indemnification under section 7.2 (1) or 7.2 (2) above has been successful on the merits or otherwise in defense of any action, suit or proceeding, or any claim, issue or matter therein, the Corporation shall indemnify such person against expenses and attorneys' fees actually and reasonably incurred in connection therewith.

(4) The Corporation shall make indemnification payments to or on behalf of the person seeking them only if authorized in the specific case upon a determination that indemnification of such person is proper because such person meets the applicable standards of conduct set forth in section 7.2 (1) or 7.2 (2) above. Such determination may be made (1) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (2) if such quorum is not obtainable, or if a quorum of disinterested directors so directs, by independent legal counsel in a written opinion to the Corporation, or (3) by the court in which such action, suit or proceeding was pending upon application made by the Corporation or the person seeking indemnification or the attorney or other person rendering services in connection with the defense, whether or not such application is opposed by the Corporation.

(5) The Board of Directors may authorize payment in advance of final disposition of an action, suit or proceeding for the expenses and attorneys' fees incurred by a person seeking indemnification under Section 7.2 (1) or 7.2 (2) above, provided that such person delivers a written undertaking to repay such amount unless it is ultimately determined that such person is entitled to be indemnified under this Section 7.2

(6) The indemnification provided by this Section 7.2 shall not be deemed exclusive of any other rights to which those seeking indemnification are entitled under any by-law, agreement, vote of disinterested directors or otherwise, both as to action in a person’s official capacity and as to action in another capacity while holding such office, and shall continue as to a person who ceases to be a director, officer, employee or agent and shall inure to the benefit of his or her heirs, executors and administrators.

(7) The Corporation may purchase and maintain insurance on behalf of any person described in Section 7.2 (1) or 7.2 (2) above against any liability asserted against or incurred by such person in any such capacity or arising out of his or her status as such, whether or not the Corporation would have the power to indemnify the person against such liability under this Section 7.2.

(8) This Section 7.2 shall be effective with respect to any person who is a director, officer, employee or agent of the Corporation or is serving in such capacity at the request of the Corporation in any other corporation, partnership, joint venture, trust or other enterprise, at any time on or after the effective date of the Articles of Incorporation with respect to any action, suit or proceeding pending on or after that date against such person based upon his or her acting in such capacity before or after that date.



The Corporation shall having voting and non-voting members as specified in the Bylaws. Voting members shall be entitled to vote in the election of the Board of Directors as specified in the Bylaws. The Board of Directors shall have all other voting rights in the Corporation.



The Corporation is not organized for profit and it will not authorize or issue any stock, and no part of its assets, income or earnings shall be distributed to its members, directors, or officers, except for services actually rendered to the Corporation; provided, however, that the Corporation shall be empowered to make payments and distributions in furtherance of the purposes for which it is organized and operated.


Corporate Liability

The property of the Corporation shall alone be liable in law for the debts and liabilities of the Corporation. The members, officers and directors of the Corporation shall incur no personal liability for said debts and liabilities by reason of membership or position.


Corporate Dissolution

If the Corporation shall cease to exist or shall be dissolved, all property and assets of the Corporation of every kind, after payment of its just debts, shall be distributed only to one or more public agencies, organizations, corporations, trusts or foundations having like purposes and organized and operated exclusively for charitable, scientific, literary, religious or educational purposes, no part of whose assets, income or earnings may be used for dividends, or otherwise withdrawn or distributed to or inure to the benefit of any private shareholder or individual and the activities of which do not include participation or intervention (including the publication or distribution of statements) in any political campaign on behalf of any candidate for public office. In no event shall any distribution be made to any organization unless it qualifies as a tax-exempt organization under section 501 (c) (3) of the United States Revenue Code of 1986 (or corresponding provision of any future United States internal revenue law) with purposes similar or related to those of the Corporation.



Section 12.1 Adoption. The Bylaws shall be adopted by the Board of Directors of the Corporation.

Section 12.2 Amendment. The Bylaws of the Corporation may be altered, amended or repealed by the Board of Directors of the Corporation as specified in the Bylaws.



These Articles may be amended by a two-thirds majority vote of the entire Board of Directors. Procedures to amend the Articles will comply as appropriate with provisions of Sections 415B-36, 37,38, 39 and 40, Hawai'i Revised Statutes.

We certify under the penalties of Section 415B-158, Hawai'i Revised Statutes, that we have read the above statements and that the same are true and correct.

Witness our hands this __________day of _________________________, 1997.

Gretchen Gould

Gordon Grau

Randall Harr

Lehman Henry

Charlene Hoe

Amy Luersen

Carole McClean

Jacqueline Mello

Colleen Meyer

Pi'ikea Miller

John Reppun

Charles Reppun