Oahu Land Trust

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)

Summarize January 22, 2007 OLT Forum

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

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
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:

Remove the threat (acquire land, transfer ownership)
Manage the land forever

Conservation organizations must have a commitment forever. Generational concept.
Two Concepts for Sustainable Stewardship (Organizational Sustainability)

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

Logos – focuses on the message; it’s all about “logic;” most common but weakest of any type of argument
Pathos – focuses on the listener; it’s all about “emotion;” Nothing drives faster than a tear---Aristotle; short-term
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:

Where are we going to be proactive?
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:

What concepts this morning are most important to conservation on Oahu?
What do we want?
1. Size
2. Focus
3. Make-Up

Discussion:

What numbers do we need to be sustainable? (Members, revenue)
Size matters (geographical size, organizational size)
How do we develop ethos soon?
Inclusive v. Exclusive
“Be singular and be mighty.”
Complexity on land issues in HI
Find local “Colin Powells”

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”
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.
A Board members’ job is building strategic relationships with different segments of the community
Building friends precedes building funds
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

Recruit to Task
Upgrade to Project
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
Don’t worry about the size of Board.

Challenges In Making the Circles Model Work

By-Laws Limitations / Restrictions” – should be a framework for defining how your organization works. Keep your by-laws simple and stream-lined
Coordination / Communication b/w different circles. Board meetings should be the opportunity to address these issues. This is where staff assistance is critical
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
Organizational Structure (pp. 20-23)

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

Recruit good people – fit a particular profile, help build the diversity and support the organization
Orientation of Board members
Train the Board members to give them info to be effective
Evaluate Board members and give them feedback to determine if they’re helpful and effective
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 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
Participation in the gathering of information is critical. Gathering good information to make good decisions.
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

Mission
Goals (Outcomes)
Strategies (Approaches)
Programs and Projects (Outputs)
Work Plans (Accountability)
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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