Model Nosara™ - The Voice of Guanacaste

Transcription

MODEL NOSARA • TERMS OF REFERENCE • 29 OCT 2014
TERMS OF REFERENCE
Model Nosara™
Prepared by
Alvin Rosenbaum, President
Nosara Civic Association
Nosara District, Nicoya Canton, Guanacaste
Last Update: October 29, 2014
Unless the environment is safe-guarded tourism is in danger
of being a self-destructive process, destroying the very
resources upon which it is based.
—British geographer Erlet Cater
It’s very hard to extract golden eggs from sophisticated
economies without killing the goose in the process.
— Nobel Laureate Paul Krugman
©2014
Nosara Civic Association
1 MODEL NOSARA • TERMS OF REFERENCE • 29 OCT 2014
Executive Summary
These Terms of Reference describe the purpose and structure of a Model Nosara project
involving people who have agreed to work together to accomplish a number of shared goals.
These Terms of Reference indicate how the scope of work will be defined, developed, and
verified. They also provide a documented basis for making future decisions and for confirming
or developing a common understanding of the scope among stakeholders.
In order to meet these criteria, success factors/risks and restraints should be fundamental keys
for discussion and decision-making by the Nosara Civic Association board of directors, its
members and other residents and citizens of the District of Nosara, in Nicoya Canton,
Guanacaste Province, Costa Rica.
Background
•
In 2014 the Nosara Civic Association (NCA) board of directors adopted new mission
and vision statements to reflect wider areas of concern as a force for sustainable
development combining concerns for social, economic and environmental
improvements and enlarging its area of operations to include all of the District of
Nosara, Nicoya Canton in Guanacaste province.
Mission: The NCA’s mission is to honor and promote a sustainable future for the
Nosara area.
Vision: A model community that values the well-being of all living things.
Approach • Model Nosara is an NCA initiative to address many of these problems through integrated community organizing, strategic planning, public-‐private partnerships, negotiation, regulatory reform, advocacy and public finance. • To effectively motivate local and national public officials, the NCA has filed lawsuits and petitions, conducted training in public affairs advocacy, publicized issues through the press and demonstrated a willingness to compromise and partner to resolve long term conflicts and resolve problems in the delivery of public services. Model Nosara Program •
LAND Seek to resolve double ownership of lands both between the NCA and a private party and among dozens of other private property holders and advocate to normalize relations with the National Registry. ©2014 Nosara Civic Association
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ZONING In an effort to manage development outcomes compatible with sound sustainability principles, organize and advance proposals for zoning and its enforcement in those areas where development pressures exist. ADVOCACY Provide assistance and support to create a District-‐wide organization involving all registered associations and representing all District neighborhoods to provide a better understanding of the issues, formulate District-‐wide solutions to common problems and exercise its influence in reforming government’s response to these problems. WASTEWATER Encourage wastewater management in those areas where development pressures are creating serious pollution threats. •
OSTIONAL WILDLIFE REFUGE Work with government to maintain the sanctity and pristine ecology of the Ostional Wildlife Refuge protecting the seashore and environs from development, habitation and encroachments. •
INFRASTRUCTURE Help to lead and organize efforts to improve roadways, water, trash collection and disposal and other vital infrastructure issues. •
SMALL BUSINESS To provide more opportunities for local citizens to enjoy the benefits of a tourism economy through small business incubation, training and microloans. •
PARK To provide more opportunities for local citizens to enjoy the beaches of Nosara and environs through a park containing restrooms, showering facilities and dressing rooms, play areas for children, drinking water, security lockers, a performance area and appropriately organized vending. •
SOCIAL SERVICES Advocate and assist in the development of partnerships for improved social services and low-‐cost housing through joint ventures, including child nutrition and enrichment programs, day care, job training and other programs. PARKLANDS Manage and protect NCA parklands through partnerships, negotiate to settle disputes while encouraging appropriate recreational development, the reintroduction of native species and to monetize holdings through carbon offsets and other means to generate funding for other Model Nosara initiatives. •
Under the Model Nosara banner, the NCA has organized or is currently organizing a Playas de Nosara Working Group, Dust Suppression Taskforce, Land Use Committee, District of Nosara Leadership Forum, Nosara Building Council, Nosara Hospitality Council, Social Services Committee, Outreach Committee and National Advisory Board. Other units will be created as needed. ©2014 Nosara Civic Association
Contents
Executive Summary .......................................................................................................................... 2
Contents ............................................................................................................................................ 4
Introduction: Rule of Law ................................................................................................................ 7
1.0 Nosara Civic Association Proposed Land Use and Sustainability Strategy ............................. 10
1.10 Protected Lands .............................................................................................................. 10
1.11 Maritime Zone 50-meter line ............................................................................. 10
1.12 Maritime Zone 200-meter line .......................................................................... 10
1.13 NCA Parklands ................................................................................................... 10
1.14 Private Lands ...................................................................................................... 11
1.15 Municipality Lands ............................................................................................. 11
1.20 Strengths, Weaknesses, Opportunities and Threats (SWOT) ...................................... 11
1.21 Strengths............................................................................................................. 11
1.22 Weaknesses ........................................................................................................ 11
1.23 Opportunities ..................................................................................................... 12
1.24 Threats ............................................................................................................... 12
1.30 Strategic Action Planning .............................................................................................. 13
1.31 NCA Governance ................................................................................................ 13
1.32 Public Policy ....................................................................................................... 14
1.33 Zoning Regulation and Enforcement ................................................................ 14
2.0 Nosara Civic Association Propose Infrastructure Improvements Strategy ............................. 17
2.10 Waste Management ...................................................................................................... 17
2.20 Wastewater Treatment ................................................................................................ 18
2.30 Potable Water .............................................................................................................. 18
2.40 Roads............................................................................................................................ 19
2.50 Clean Energy ............................................................................................................... 20
3.0 Legal Definitions: Zoning Regulations and Zoning Plans ....................................................... 22
3.10 Zoning Plan Approval Procedure .................................................................................22
3.20 Status of Zoning Regulations...................................................................................... 26
3.30 Buffer Zone ................................................................................................................. 26
3.40 Specific Regulations: Protected Areas ......................................................................... 27
3.41 Operational Framework NWR Ostional ........................................................... 28
3.42 Legal Framework NWR Ostional ..................................................................... 28
©2014 Nosara Civic Association
3.43 Specific Regulations: Species and Ecosystems ................................................. 31
3.44 Other Regulations .............................................................................................33
3.45 Other Relevant Matters .....................................................................................33
3.46 Related Projects and Contacts ..........................................................................34
4.0 Rio Nosara and Zona Protectora Monte Alto .......................................................................... 36
5.0 A Resident’s Concern ................................................................................................................ 39
6.0 Approaches and Remedies: A National and International Perspective .................................. 41
6.10 CAFTA-DR Secretariat for Environmental Matters .................................................... 41
6.20 Global Sustainable Tourism Critical for Destinations (GSTC-D) ...............................43
6.30 Nosara: A Strategic Model for Open Source Redevelopment .................................... 44
6.31 Why is Nosara the prime candidate as a model for reform? ........................... 44
6.32 Public Policy ..................................................................................................... 46
6.33 Anti-corruption Efforts .................................................................................... 46
6.34 Advancing Economic Growth Policies ............................................................. 46
6.35 Reducing Income Inequality ............................................................................. 47
6.40 ReCitizen ...................................................................................................................... 47
6.50 Cultural Dimensions Theory ...................................................................................... 49
6.51 Masculinity Index ............................................................................................. 50
6.52 Power Distance .................................................................................................. 51
6.53 Individualism..................................................................................................... 51
6.54 Uncertainty Avoidance ...................................................................................... 51
6.60 Why Does Nosara Need Open Source Redevelopment? .............................................. 52
7.0 Tools of the Trade: How Can Nosara Address these Problems? ............................................. 54
7.10 Data Collection and Analysis........................................................................................ 54
7.20 Community Participation and Self-Government ........................................................56
7.30 Nosara Leadership Forum ...........................................................................................56
7.40 Asset-based Community Development (ABCD) ......................................................... 57
7.50 Public-Private Partnerships (P3) .................................................................................. 57
7.60 Tax-increment Financing (TIF) ................................................................................... 57
7.70 NCA Building Council ................................................................................................. 58
7.80 The Model Nosara™ Brand ...........................................................................................59
8.00 Communication and Outreach
8.10 Messaging .................................................................................................................... 61
8.20 Positioning statement ................................................................................................. 62
8.30 Support points ............................................................................................................ 62
Attachments .................................................................................................................................... 65
Editor’s Note ................................................................................................................................... 66
List of Figures
Figure 1: Participatory Budgeting ...............................................................................................15
Figure 2: Public Institutions ...................................................................................................... 23
Figure 3: Ostional NWR Laws and Decrees .............................................................................. 28
Figure 4: Sea Turtle Species ....................................................................................................... 33
Figure 5: Central American Exports Central American Exports .............................................. 42
Figure 6: Cross-Cultural Cooperation and Communications ................................................... 50
Figure 7: Tax Receipts and Expenditures FY2013 .................................................................... 52
Figure 8: Public Services and Public-Private Partnerships....................................................... 54
Figure 9: Communications Matrix ............................................................................................ 55
Attachments
A. Editor’s Note ....................................................................................................................... 67
B. Consultant CV ........................................................................................................................ 69
Introduction: Rule of Law
Playas de Nosara expat residential tourists are visitors to Costa Rica. Like colonies across the
globe, our culture on foreign soil has a limited life. Whether that life is 75 years or 375 years,
history tells us that both colonial societies and expat enclaves do not last forever. But also, as
guests in a tico culture, we must find ways to respect and improve our environment for future
generations of both local and foreign residents and visitors. The challenge is with a rule of law
that was overdesigned in San Jose and undermanaged in Guanacaste.
In North America and Europe we take for granted the rule of law until we see a miscarriage of
justice; then, we pay close attention, seek to right a wrong, raise hell, or whatever’s appropriate.
But in Costa Rica, at least in the Nosara outback, rule of law is not so obvious. We must seek to
know, “What are the facts?” and then, “What is the law?”
Let’s take our garbage dump (landfill) as an example. The law says that the collection and
disposal of garbage is the municipality’s responsibility. They can collect and dispose of refuse by
using a contractor, make an agreement with a development association, or use their own
employees, equipment and landfill to meet the rule of law.
But what are the facts?
Since Nosara was settled, residents have dealt with this matter on their own. Nosara is far away
from the seat of the canton and very few workers or contractors from the local government make
their way down our long and dusty road. It does happen, but not very often.
A sanitary landfill approved by Ministerio Salud was developed by the non-government
organization, Fedeagua, on a hectare or two of Amigos de Nosara land soon after Fedeagua was
created in 1992 with, apparently, a grant from an international donor organization.
In 1998 the land was transferred to Nosara Civic Association when Amigos holdings were
dissolved. The landfill on the high road, far away from houses, was developed to stop garbage
from being thrown into the jungle or otherwise fouling the environment. Playas de Nosara
residents and businesses began to bring their trash to the landfill although many, both ticos and
gringos, still buried it in their backyard or in the forest or simply burned it.
As many more people came to live in Nosara, Don Arnulfo, who currently still collects the
garbage, was trained during this time to be charged with collection and management and was
paid by the home and business owners. Years passed and the trash began to pile-up at the
landfill, then down a ravine to a nearby stream. Clearly, something had to be done. Don Arnulfo
now claims that he owns the landfill. The founders of Fedeagua, Suray Carrillo Guevara and
Nicoya attorney Wilmar Matarrita have not found the organizing documents of the landfill, per
our request.
The Nosara Recycling Association was formed in 2011 to address the problem. They urged people
to separate their waste into paper, plastic/glass/metal or organic matter. They also permitted a
few people to live on land nearby and pick over the landfill for recyclables. They hoped that with
recycling, the amount of trash could be reduced to a manageable level while they studied
solutions for closing the landfill and working with the municipality to provide a certified sanitary
landfill.
Additional facts:
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The Ministry of Health gave notice to Nicoya Municipality (Nicoya) that they must
close the Nosara landfill as unsanitary.
The Ministry of Health gave notice to Nosara Civic Association (NCA) that we
must close the Nosara landfill as unsanitary.
There has been no recognition by the government that the contractor, Don
Arnulfo, has an equity interest in either the landfill or the land.
Nicoya disregarded the order from the Ministry of Health, declaring that they have
no money to pick-up and haul our trash to their landfill (which the Ministry has
also ordered closed).
Nicoya informed NCA that since it did not own the land, it could not meet the
ministry’s requirements to close it.
When NCA presented a gift of the property to Nicoya, it rejected the transfer,
declaring that it has no money to pick-up and haul our trash to its landfill (which
has a closing order from the Ministry).
The Nosara Development Association, apparently, does not think it’s their issue,
even as they have petitioned the canton to create Municipal District Council,
moving both tax collection and municipal services to the Nosara District.
The University of Florida contributed a study to the Nosara Recycling Association
estimating the cost of a new sanitary landfill at $1 million.
The Voice of Guanacaste reported on many of these issues in their November 13,
2013 issue.
What is the law and how does Costa Rica’s rule of law address the problem?
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Nicoya is responsible by law to collect and dispose of Nosara’s trash. The Ministry
of Health has been ineffective in forcing Nicoya to meet its obligations under the
law.
NCA is obligated under criminal penalty to provide a comprehensive plan for
closing the landfill compliant with the law before it is reopened.
NCA may file an annulment request to Sala IV since the Salud order is both flawed
and does not address the circumstances on the ground.
At the same time, NCA and Nosara Recycling need to support solutions that meet
both NCA’s and Nicoya’s ultimate responsibilities and desirable outcomes.
1.0 Nosara Civic Association Proposed Land Use and Sustainability Strategy
There are a number of issues that must be addressed to sustain Playas de Nosara’s open
spaces from exploitation. Playas de Nosara open space may be divided into five
classifications:
1.10 Protected Lands
1.11 Maritime Zone 50-meter line
The first 50 meters (164 feet) from high tide is owned by Costa Roca’s national
government. This measure has not been adjusted since the 2012 earthquake. The
Costa Rican Geographic Institute places physical markers (mojones) at the 50meter line. These first 50 meters are for the free enjoyment of the public to the
extent that if the only physical access to the beach other than by sea is through
private property or otherwise, transit to the beach must be allowed.
1.12 Maritime Zone 200-meter line
The next 150 meters (492 feet) from the 50 meters marked by the Costa Rican
Geographic Institute is land protected by the Costa Rican government and may
only be developed for ecotourism, training and education purposes through a
concession. The concession must be made by the relevant municipality, or, in the
case of Playas de Nosara, by the Área de Conservación Tempisque (ACT) of
Sinac, managers of the 15 km Ostional Wildlife Refuge, the north-south
protected area from Punta India to Punta Guiones.
1.13 NCA Parklands
The Nosara Civic Association owns as titled property approximately 86 hectares (860,000
square meters or 200 acres or more than 92 million square feet) of land, of which more than
65 hectares is undeveloped forest and only less than two hectares are in use as NCA
headquarters, for Playas de Nosara utilities and for waste management.
These lands were acquired from Amigos de Nosara, a homeowner’s organization
founded in 1971, that received lands from original “American Project” (now
Playas de Nosara) developers in lieu of improvements by negotiation in a judicial
process. Amigos de Nosara assets were dissolved in 1998 for the benefit of the
Nosara community including parklands, other real estate and cash from the sale
of real estate that was distributed to benefit the Asociación de Desarrollo
Integral de Nosara, Kitson Library, Nosara Animal Cares and Nosara Wildlife
Rescue.
1.14 Private Lands
Many private parties maintain open space for conservation, for privacy or by
virtue of disputes that have prevented development, typically using Costa Rica’s
condominium or private reserve laws to restrict development of natural areas
within a project.
1.15 Municipality Lands
The Canton of Nicoya does not own any titled land within Playas de Nosara.
While attempts were made decades ago by the developer to create a Plan
Regulador that would have included zoning and the transfer of parcels for
municipality use, the municipality rejected these efforts, perhaps so that
responsibility to provide public services to Playas de Nosara could be avoided.
1.20 Strengths, Weaknesses, Opportunities and Threats (SWOT)
1.21 Strengths
NCA parklands together with Ostional Wildlife Refuge land use restrictions
provide one of the largest private land protection regimes relative to developed
land in all of Costa Rica. With successive protection strategies, NCA has
maintained more than 650,000 square meters of first and second-growth
forests, many with walking trails and as habitat for monkeys and other small
mammals, reptiles and birds.
1.22 Weaknesses
Unlike in the United States, Costa Rican law does not include tax advantages for
conservation easements. Further, enforcement of open space is weak with some
jurisdictions either ignoring or actively subverting the rule of law for corrupt
purposes. Further, there have been disagreements over both jurisdictional issues
and development restrictions between NCA and Nicoya and Minae over proper
land uses. These disagreements may be due to ambiguous language in the law,
which is a weakness.
1.23 Opportunities
Costa Rica’s National Assembly has approved legislation, the Costa Rican
president has issued decrees and the judiciary has made rulings in recent years
that strengthen strategies for the protection of both public and private lands to
maintain open space and natural areas for conservation. Further, NCA has
maintained continuous vigilance to protect its lands from encroachments and
theft since 1975 and more expansively since its acceptance of lands from Amigos
de Nosara in 1998. The opportunity now is to use Costa Rican law to further
strengthen and protect these heritage lands from exploitation, expropriation or
theft. Further, there are approaches to zoning and other techniques to limit the
threat of pollution, increase water supply and to make other improvements to
the infrastructure in Nosara District’s populated areas.
1.24 Threats
Three specific threats exist that are priority issues for NCA to address, each
requiring different approaches.
a) Maritime Zone encroachments
b) Parkland encroachments and takings
c) Non-parkland takings or encroachments
Land ownership has been resolved through extensive litigation over many years
but still has not settled many issues impacting land parcels within the Playas de
Nosara fincas and their planos. Misinformation, corruption and endless
litigation impacts many parcels with multiple owners and the facts of these
disputes are both well known and well documented.
There are no titling distinctions between parklands and non-parklands owned by
NCA. This fuels a continuing dispute over these lands’ classification for the
calculation of property taxes paid to the municipality. The NCA is now exploring
legal remedies to permanently protect its holdings from theft, expropriation or
encroachment and to have them appropriately classified as non-commercial
natural open space.
The problems with illegal encroachments within the Maritime Zone are the
domain of the Área de Conservación Tempisque (ACT) of Sinac and are now in
the courts, supported by both the national government and NCA against the
municipality and private parties. Further, the issue of the protection of Ostional
Wildlife Refuge including “mixed use” or “State use” will only be resolved
through a Plan de Manejo.
1.30 Strategic Action Planning
1.31 NCA Governance
As a non-profit organization organized in 1975 under Costa Rica’s association
law, NCA’s governance is not fully compatible with the challenges it faces,
including documented and continuous threats from both private parties and the
municipal government. Claims to NCA properties by Richmond Phipps have
required the expense of litigation even as most of these claims have been
dismissed. While the Phipps claims involve as many as 86 parcels throughout
Playas de Nosara, the concern here is only for those properties owned by NCA.
Costa Rica may provide a path to protect NCA parklands, even as aviso catastral
and prevención liens by Phipps claims have clouded the picture. Costa Rican law
provides appropriate alternatives, supporting protected private reserves.1 It is an
essential element of these Terms of Reference for NCA and Richmond Phipps to
find a equitable solution of certain properties titled to both NCA and Phipps.
While conservation easements exist in perpetuity over NCA parklands,
encroachments have threatened the standing of its holdings.
For many years Costa Rica maintained a separate National Cadastre Office from
Law No. 7933 of October 28, 1999 Published in Official Gazette No. 229 of 25 November 1999;
Ley de Conservación de la Vida Silvestre, Decreto #7317.
1
its Property Registry. Plot maps (physical description of location, size and shape)
are registered at the National Cadastre Office, necessary to obtain title
certification from the National Registry. A lack of coordination and errors in the
past between these offices have been exploited by unscrupulous attorneys and
land thieves, substituting finca registration numbers, creating double and triple
ownership of some parcels and overlapping boundaries between parcels on
others. These offices were merged in 2009, but problems remain in solving these
boundary and ownership issues.
NCA is now investigating with its attorney changes in its governance that can
result in better, more sustainable restrictive conservation easements that are
controlled directly by its members and supporters under laws enacted since NCA
was organized in 1975. If this new land protection strategy is feasible, the goal is
to present these governance changes to the General Membership Meeting on
January 20, 2015. The governance of NCA was not designed as a land trust and
NCA has not yet adopted bylaws that adequately protect these valuable assets. 1.32 Public Policy
Costa Rica’s public policy landscape may be changing as evidenced by the first
100 days of the Solis Administration that came to power May 8, 2014. President
Solis campaigned to strengthen enforcement of Costa Rica’s environmental laws
and fight corruption, among NCA’s leading issues.
On January 29, 2014, NCA’s president filed a denuncia with the Tribunal of the
National Environmental Secretariat Techina regarding encroachments of the
maritime zone to the detriment of the Refuge according to Article 84 of the Ley
Organic Environmental Act and other laws and the breach of its commitments to
environmental sustainability. Both NCA and ACT are in communication with
Tribunal staff to seek a final judicial degree and removal of the encroachments
into the maritime zone before the end of 2014.
1.33 Zoning Regulation and Enforcement
While Costa Rica may have issued for review pro-forma national regulations for
building height, setbacks, floor-area ratio, noise and lighting controls, these
regulations are not enforceable by the national government and, in many areas,
inappropriate or inadequate for Playas de Nosara’s long-term sustainability objectives.
According to Costa Rica law, each municipality must have a Plan Regulador.
Nicoya and many other cantons do not have a Plan Regulador and have no
apparent initiatives to create one that is acceptable to their circumstances,
particularly along fragile coastal areas.
About a decade ago ACT initiated a Plan de Manejo (Management Plan) process
for the Ostional Wildlife Refuge that has been both well-developed and
scientifically sophisticated relating to threats to the environment as a turtle
hatchery and for public use of the beaches and surf. Its finding (not surprising) is
that water and particularly wastewater pollution are the most serious threats to
the habitat for both wildlife and human use.
The Plan de Manejo prepared a “Buffer Zone” annex with a study of soil, water,
drainage and other variables of the area from the beachfront back to 5 km inland
along the entire 15 km ocean corridor. While seemingly “unofficial”, this Buffer
Zone could provide a basis for a Playas de Nosara zoning plan, with or without a
Plan Regulador by the municipality, but based on the Plan de Manejo, using
various legal precedents established by Sala IV decisions.
1.34 Local Governance
It is not yet evident if there is the political will in Nicoya to permit a Nosara
Municipal District Council (NMDC) form of government to be created. With the
next elections for muni council and mayor not scheduled until December 2015,
an NMDC, with all the requisites and with community support, may or may not
achieve the necessary council majority and popular vote to move forward.
Even if it is approved, it will take considerable time for a local government to be
established and funded with extensive negotiations with the muni to delineate
roles and responsibilities, funding formulas, personnel recruitment and training
and an election of a mayor and council.
In any event, Playas de Nosara home and business owners need to take
affirmative steps in anticipation of an NMDC approval and implementation. For
many years, the Playas de Nosara boundary has been divided, with the area
south of L’aqua Viva Hotel part of the Esperanza Development Association
(Asociación de Desarrollo Integral de Esperanza) and the area north part of the
Nosara Development Association (Asociación de Desarrollo Integral de Nosara).
These official entities are the associations designated by law to receive public
funds for infrastructure and social welfare projects.
A threshold analysis suggests that the Playas de Nosara community could form its
own Asociación de Desarrollo Integral, although not without some risk to the
overall Model Nosara strategy. The requirement to organize is a petition by 100
legal residents and citizens living both within and outside the proposed boundary.
This could provide standing to the municipality and/or new district council.
Further, Costa Rica has some experience with Participatory Budgeting, a Latin
American trend that began in Brazil 20 years ago.
Figure 1: Participatory Budgeting ©2014 Nosara Civic Association
2.0 Nosara Civic Association Propose Infrastructure Improvements Strategy
The roots of the Nosara Civic Association (NCA) are found in the systems of roads,
water distribution, power and other basic infrastructure issues that were in the forefront
as Playas de Nosara began to take shape as a residential retirement community in the
1970s and ‘80s.
As our community has grown, improvements have been made to both our waterworks
and roads while electric power, cellphone service, Internet service, air transport, postal
services and other modern improvements have been introduced. But, obviously, access
via Route 160, despite some improvements, is wholly inadequate to our growth as is
potable water delivery and waste management systems that will continue to require
continuous maintenance and upgrading to meet the needs of an expanding network of
residences, hotels and other businesses.
The typical approach for upgrades for waterworks, sewer and waste management
systems is tax increment financing where utility ratepayer representatives borrow funds
from a development bank (or through municipal bonds). If 700 ratepayers were
provided these services after $3 million in upgrades, the up-cost per ratepayer would be
$15.16 per month based on a 30-year, IDB loan @ 1.68%.
NCA is also investigating the sale of carbon offset credits of its parklands to raise
working capital for the next phase of our work, either within NCA and in support of a
sister organization that may accept more operational responsibilities.
2.10 Waste Management
Nosara Recycling Association opened the Recycling Center on NCA land on the
upper road in 2013. NCA has donated the land but continues to own the property
that has been ordered closed by the Costa Rica Health Ministry. While trash
collection is a municipality responsibility, they have never met this
responsibility.
A University of Florida Department of Environmental Engineering Sciences
study for the Nosara Recycling Association recommends a new sanitary landfill,
while other areas in Costa Rica are considering a cogeneration plant to burn
trash and sell the energy back to ICE to reduce costs, but with discharges
harmful to people and the environment. These and other solutions require
expert consultants and a long-term financial commitment by the communities
involved.
2.20 Wastewater Treatment
Most new projects in Playas de Nosara install filtering and recycling of grey
water (from showers, sinks and washing machines) with septic tanks used for
toilets and grease traps for kitchen sink waste. But many older houses, hotels
and businesses continue to discard untreated wastewater into the quebradas
(small water courses for drainage) and some property owners have diverted
quebradas on their land. The result is that waste flows into our rivers and
streams, into the aquifer and out into the maritime zone, beaches and ocean.
We see from other Guanacaste beach communities to our north polluted land
and water that have damaged their tourism trade, incurring huge mitigation
costs. While zoning is part of the solution, enforcement with inspection and fines
is essential to curb this environmental disaster waiting to happen. As an
alternative, an environmental home certification program may be the best
answer.
According to studies conducted by ACT in many areas across Playas de Nosara,
the fragility of the landscape is reaching the point where wastewater is polluting
the aquifer and, in other areas, is running off into the ocean. These practices are
not sustainable and must be addressed in the near term. Repair of natural
quebradas, the introduction of standards for pipe drainage and for septic tank
maintenance is essential to protect land values and continue to enjoy a robust
tourism economy.
2.30 Potable Water
Playas de Nosara created the first private waterworks in Costa Rica and became
independent of NCA in recent years by government regulation. Whether caused
by El Niño phenomenon, climate change, or both, our community is hotter and
dryer than historic trends, creating water shortages from our existing wells. It
has become clear that while studies indicate plentiful groundwater, the wells are
not producing sufficient water for our growth requirements.
Experts point to water storage—a reservoir—as the common solution. The construction of
a reservoir will require the seven ASADAs in Nosara District to band together to make it a
practical project. While more and deeper wells can help, finding the well water and paying
the pumping costs from the flats to the hills for gravity flow is only a piecemeal approach.
A feasibility study and cost/benefit analysis for a regional reservoir may be the next step.
As an alternative, the creation of a regional water authority could treat water from the Rio
Nosara at its source and deliver it by tubes to communities down the river is another area
for investigation. Finally, a water treatment plant at Nosara drawing from Rio Nosara is
another possibility. 2.40 Roads
Playas de Nosara solution to its road network is for individual property owners
or neighborhood groups to maintain the project’s interior road and trails
network with grading and dust suppression, with occasional help from the NCA
or the county’s meager effort in Arenales and Nosara village. The principal
problem is Route 160, our main thoroughfare that is the responsibility of the
Ministerio de Obras Públicas y Transportes (MOPT), continues to fail in its
responsibilities.
President Solis and his public road officials visited Nosara within the first 100
days of their administration, promising immediate repairs and eventual paving.
But paving remains a distant hope and even with repair, the health and financial
consequences of dust will be with us for a long time to come.
NCA filed a denuncia with the Constitutional Court in August 2014, based on its
decision in February for the National Roads Authority (Conavi) to pave a section
of road between Cóbano and Río Negro in Puntarenas along Route 160,
according to the February ruling. The court said that the problem is sufficient
reason to require asphalting and that the state must pay damages to those
affected in the community. With this lawsuit there finally may be a basis to
suppress dust during the dry season. NCA’s Dust Suppression Committee
conducted an informal study finding that the use of molasses on the road is the
most cost effective solution until the road is paved. The estimated cost is as
much as $20,000 or more a year to treat the road from Esperanza to the Santa
Marta bridge although we will request Conavi to make this investment until
paving is completed. Update 29 October 2014: The Nosara District Leadership
Forum has reported that the Solis government is preparing a Request for
Proposals to provide proper road preparation and a dust suppression palliative
by 3Q 2015. Efforts by The Nosara District Leadership Forum and NCA to gain
temporary dust suppression by molasses for January–April 2015 are ongoing.
2.50 Clean Energy
The New York Times2 reported, “The word the Germans use for their plan is starting to
make its way into conversations elsewhere: energiewende, the energy transition.
Worldwide, Germany is being held up as a model, cited by environmental activists as
proof that a transformation of the global energy system is possible.” Given the expense of
ICE electricity in Nosara, the community is already sensitive to energy consumption
issues. Solar hot water has become standard for most new Playas de Nosara buildings and
a few pioneers have installed solar panels for electricity that can recapture investment at
about 16% per year, or in about 6.25 years.
According to IntoTech Solar, “Costa Rica has a progressive electricity billing system for
commercial and residential clients of its electricity grid. This means that if your monthly
consumption in kWh (kilowatt hours) surpasses a certain amount, the price per kWh of
consumption increases to a higher rate. Simply put, the more consumed beyond a certain
limit, the more is due per kWh. This is why monthly bills are so high for homeowners who
enjoy many of the creature comforts of modern life—air-conditioning, clothes dryer,
microwave oven or a swimming pool.
2
September 14, 2014.
Solar water delivery, pool pumps and well pumps are becoming common while the initial
cost of whole house solar remains prohibitive for most families. But solar energy
installations have become a competitive business in Costa Rica and the global production
of solar panels is significantly reducing the costs to retrofit existing houses.
A grid-tie system is a private solar installation that generates electricity for the public
utility. The government’s electric company (ICE) must by law compensate the grid-tie
owner for the energy production by having the owner’s meter run backwards, resulting in
the partial or complete reduction of the monthly electricity bill. In time, the ASADA
pumps may be run by solar, geothermal or wave action energy systems, although the costbenefit of these technologies remain more vision than current reality.
3.0 Legal Definitions: Zoning Regulations and Zoning Plans3
August 12, 2014
To:
Alvin Rosenbaum, NCA
Fr:
Alvaro Quesada Loria, Aguilar, Castillo & Love
Article 1 from the Urban Planning Act4 defines a regulatory plan as the local planning
instrument that establishes a set of plans, maps, regulations and any other document,
graphic or supplement, development policy and plans for population distribution, land
use, roads, utilities, community facilities, and construction, maintenance and
rehabilitation of urban areas.
Furthermore, according to Costa Rican jurisprudence urban planning is an essentially
local matter, as established in Constitutional sections #169 and #15 of the Planning Act,
including limitations on private property that tend to prevent disordered and delterius
development of communities and the coexistence of human needs of coexistence with
the duty to provide environmental protection5.
As the authority responsible for local development, municipalities are tasked to issue
regulatory plans under the vigilance of the Directorate of Planning from the National
Institute of Urban Development (Invu) along with the National Environmental
Technical Secretariat (Setena).
3.10 Zoning Plan Approval Procedure6
According to article 16 from the Urban Planning Act a regulatory plan must
contain the following elements, without having to be limited to:
Document prepared by Legal-Environmental Consultant Mariano Castro for Aguilar, Castillo
& Love on behalf of the Nosara Civic Association.
4 Law Number 4240.
5 Administrative Law Court Resolution Number 46-2014, January 31st 2014.
6 Editor’s Note: A zoning ordinance passed by the Nicoya Municipal Council may be possible without a
complete Plan Regulador assuming broad public support. This possibility is under investigation and may
relate to the fragility index issues as described in the forthcoming Buffer Plan (see 3.30, page 25).
3
a) Development policy, with statement of principles and rules on which it is
based, and targets according to the needs and growth of the area;
b) Population study, including projections for future population growth,
distribution and recommended standards on density;
c) The land use showing the location and distribution of land regarding
housing, commerce, industry, education, recreation, public purposes and any
other appropriate destination;
d) The study of the movement, whereby noted, in general, the location of the
major public roads and paths and transportation terminals;
e) Community services to indicate location and size of the areas required for
schools, colleges, parks, playgrounds, and health units, hospitals, libraries,
museums, other similar public spaces;
f) Public utilities, with analysis and general location of major systems and
plumbing fixtures, hydrants, sanitary and storm sewers, garbage collection
and disposal, and any other similarly important;
g) Housing and urban renewal statement of requirements and objectives in
housing, and reference to the areas to be subjected to conservation,
rehabilitation and remodeling.
It is important to take into account that before implementing a regulatory plan it
is mandatory that the Municipality convene a public hearing in which neighbors
and interested parties get to know the proposed plan and have the opportunity
to express their arguments about it. The hearing is mandatory, but not binding,
and must be held 90 days before it is adopted.
The Constitutional Court has recognized the right of civil participation in
decision-making regarding environmental matters because environmental
matters ave a special nature that can materially affect a community7, and that
the principle of community participation in decision-making on environmental
issues. The procedure to be supported by the State; but it is, at once, a part of the
fundamental right of every person in the terms guaranteed by Article 50 of the
Constitution8.
Constitutional Court, Resolution Number 5516 of April 29, 2011.
8 Constitutional Court, Resolution Number 10466 of November 24, 2000.
7
Given the complexity of areas and subjects that must be covered, personnel from
the Directorate of Planning state that there is no precedent about a regulatory
plan rsulting from popular initiative. Nevertheless it might be a possibility if the
suggested plan is endorsed by the Municipal Council. Minimum requirements
for the creation of a regulatory plan were published in the official newspaper La
Gaceta Number 156 of August 16, 2002:
a) Submit documents of the diagnosis, prognosis and proposed regulatory
plan.
b) The proposal must contain the zoning plans, roads and quadrant of the
city (including previously developed areas).
c) Thematic maps (current land use, hydrology, slope, soils, infrastructure
services, geology, quality and housing materials, natural hazards, etc.).
d) Strategic programs and projects.
e) Submit all documents in print and digitally.
f) Municipal Agreement wherein endorse documents to submit. [TK]
g) Present the list of observations made during the hearing and resolutions
to them. Receipt canceled by the Directorate of Planning, Invu.
h) Two clear and legible photocopies of the depository receipt.
Coastal Regulatory Plans: In addition to the above requirements, add the
following:
a) Certification of the National Geographic Institute of Demarcation
defining the public area.
b) Certificate of Costa Rican Tourism Institute (ICT) on tourism aptitude or
not subject to planning sector.
c) Approval of the plan by the Board of ICT.
d) Consent of the Municipal Council for the development of the plan.
After the plan is dually approved by the Directorate of Planning, the National
Environmental Technical Secretariat and adopted by an absolute majority of
votes from the Municipal Council, it must be published in the official newspaper
(La Gaceta) stating the date on which the regulations begin to take effect.
Regulatory plans that will affect Terrestrial Maritime Zone must have the
approval of the National Institute of Urban Development and the Costa Rican
Tourism Office.9
Also, article 59 of the Urban Planning Act declares that the Municipality is
entitled to create a local government office, a committee or board that will be
formed with councilors, officers of the administrative staff and interested
neighbors to participate in the preparation and implementation of the regulatory
plan.
Figure 2: Public Institutions Involved 9
Law Number 6043, article 31.
3.20 Status of Zoning Regulations
According to information provided by the Municipality of Nicoya there is
currently no regulatory plan applicable for the area of Nosara. The plan that had
been proposed was appealed to the Constitutional Court by different local
organizations claiming, among other things, that:10
a) There is no clear delineation between residential and tourist zone.
b) Max height for the proposed buildings would affect sea turtles.
c)
Zoning maps do not include private reserves that function as biological
corridors.
d) Term given to analyze the document and file objections was extremely
short [less than ten days].
e) The municipality has not developed an alternative plan. In order to
decide further actions they are, apparently, waiting for the corresponding
resolution from the Constitutional Court.
3.30 Buffer Zone
Constitutional jurisprudence defines a buffer zone as areas adjacent to the
boundaries of the Natural Protected Areas and National Parks that create
transition spaces between protected areas and the surroundings areas. Their
establishment tries to minimize the impact of human activities taking place in
the immediate territories of Protected Natural Areas and National Parks. The
strategic location of the Buffer Zone requires it to be handled in such a way as to
ensure compliance with the objectives of such areas or parks.11 It is important to
clarify that buffer zones are designated areas between natural protected areas
and zones in which human activity is taking place, but they are not part of the
protected area per se. Regarding the activities allowed in buffer zones of
protected areas, national legislation establishes that supported activities should
Kioskos ambientales
(http://kioscosambientales.ucr.ac.cr/index.php?option=com_content&view=article&id=1327:fuerzasvivas-de-nosara-consideran-nocivo-para-el-ambiente-plan-regulador&catid=40:noticiasambientales&Itemid=60)
11 Constitutional Court, Resolution Number 193 of August 31, 2012.
10
not be different from ecotourism, handling or recovery of flora and fauna,
private conservation areas, conservation concessions, environmental services,
research, habitat restoration, agroforestry, and any other similar activity.12
For the particular case of Refugio Nacional de Vida Silvestre Ostional, the
administration from Área de Conservación Tempisque (ACT) still has not
approved a management plan; therefore the buffer zone has not yet been
defined. Apparently there have been several attempts to approve a plan, however
none have been successful.
3.40 Specific Regulations: Protected Areas
a) Refugio Nacional de Vida Silvestre Ostional
Created by the Sole Transitory of the Wildlife Conservation Act Number
6919 of 17 November 1983, this Wildlife Refuge would extend to two
hundred meters from the maritime zone from the right bank of the
mouth of the Rio Nosara and Punta India. The Refuge was created
essentially to guarantee the protection of Olive Ridley Sea Turtles
(Lepidochlys olivacea). Years later, the Refuge was extended all the way
to Punta Guiones and a strip of three nautical miles was incorporated.
b) Zona Protectora Nosara (Zona Protectora Monte Alto)
Created by the Executive Decree Number 22967 of February 16 of 1994,
the main function of the protected zones is soil protection, regulation of
hydrological regime, environmental conservation and Rio Nosara
Watershed. According to the considerations of the Executive Decree,
technical studies have determined that it is extremely important to
protect the upper basin of the Rio Nosara, located within the grounds of
this protected area, in order to ensure long-term water supply for the
province of Guanacaste, mainly to the cantons Hojancha and Nicoya.
This constitutes a very important element for the conservation of the
natural resources of the Nicoya Peninsula, protecting scenic resources of
great value and suitable sites for the healthy enjoyment of the area’s
beauties, as has traditionally happened.
12
Constitutional Court, Resolution No. 3446 of February 27, 2009. ©2014 Nosara Civic Association
3.41 Operational Framework NWR Ostional
The following outline reflects work completed on an operational framework for
the Plan de Manejo for Refugio de Vida Silvestre Ostional (RNVSO), to be
submitted to Sinac during 4Q 2014.
1) Explanation - Strategic Environmental Evaluation Analysis (EAE) used
for Refugio de Vida Silvestre Ostional (RNVSO) (including the 5 km
surrounding buffer zone). This is the scientific basis that may be applied
for zoning in the Buffer Zone after the 2014 Plan de Manejo RNVSO has
been offered for public comment. [Revision 29Oct14: Buffer Zone unlikely
to be submitted by SINAC. Not part of the RNVSO mandate. Draft Buffer
Zone Management Plan could be adopted by NCA for zoning guidance.]
2) Integrated Analysis Document of Plans Reguladores of (Canton - Santa
Cruz / Distrito - Cuajiniquil) and (Canton - Nicoya / Distrito - Nosara).
Emphasis on the impact on RNVSO (including the 5 km surrounding
buffer zone).
3) Integrated Update of the Setena Strategic Environmental Evaluation
(EAE) File of the RNVSO (including the 5 km surrounding buffer zone).
4) Proposal Document of Appropriate Zoning of the Surrounding Buffer
Zone for Planes Reguladores (Canton-Santa Cruz/Distrito-Cuajiniquil) and
(Canton-Nicoya /Distrito-Nosara).
As presented, the work to be proposed is about the Environmental Evaluation of
RNVSO and the Buffer Zone in regard to the Setena file and in regard to
appropriate zoning for ordinances or Planes Regulador.
3.42 Legal Framework NWR Ostional
With the creation of the NWR Ostional, on December 15, 1981 the area
was declared "terrestrial marine-protected spawning and reproduction of
sea turtles area, the area from the mouth of the
Nosara River (Province of Guanacaste), coordinates N 216680 - 352040
E, Cartographic Sheet 3045-I, to the mouth of the Lightning Gorge, in
Guanacaste Province coordinates N 222000 - 347670 E, Blade II 3056.
Cartographic and territorial waters of the Pacific Ocean, between the two
points.” This declaration was made by Executive Decree (DE) 13200-A.
The Ostional NWR was established on November 17, 1983 by Act No.
6919. It is located "in the two hundred meters from the maritime zone
extending from the right bank of the mouth of the Rio Nosara to Punta
India".
Executive Decree No. 16531-MAG of 18 July 1985 extended the
boundaries of the Refuge. The enlarged area was 200 meters, counting
from the ordinary high water, including from the left bank of the mouth
of the Nosara River to Punta Guiones (Article 1 of the Executive Order).
This extension is justified by three factors:
1. Need for protection of nesting sites of olive ridley turtles.
(Lepidochelys olivacea).
2. Support offered by the community of Nosara for turtle
protection.
3. Failure area at that time was protected under the Sole
Transitory Law No. 6919 of November 17, 1983.
Figure 3: Legislative Summary Creating the Ostional NWR Year
1981
Law/Decree
DE 13200-A
1983
1985
Act 6919
DE 16531-MAG
1992
Act 7317
1993
22551-MIRENEM
Objective
Declares Ostional beach as
turtle nesting area
Creating shelter
Enlarged land boundaries of
the refuge
Ratification of creation of the
shelter
Creating three mile marine
limits
With the Law of Conservation of Wildlife No. 7317 of October 30, 1992,
the above was confirmed in Transition I: "Create the Ostional Wildlife
Refuge that, for the purposes of this Act, be located in two hundred
meters from the shoreline area that extends from Punta India Canton
Santa Cruz to Punta Guiones Canton of Nicoya, Province of Guanacaste. "
Finally, Decree No. 22551-MIRENEM September 4 1993 again extended
the Refuge, incorporating coastal waters within three nautical miles. This
was done to ensure the viability of the population of sea turtles. Thus the
Ostional NWR acquired its present dimensions (see Figure 1-1).
Although the legal status of NWR Ostional at the state level, according to
the statements of the Attorney General's Office and the Constitutional
Court, it is a fact that 59% of the land is privately owned. Studies by ACT
(ACT-Minae Sinac-2010-UCR), Astorga, A. et al. (2009) and The
Executive Unit of Regularization between Cadastre and Registration
(Rojas and Salazar 2012) confirm these data.
In this context, a better understanding of the legal framework, it is also
important to mention the rulings of the Constitutional Court that support
anthropogenic-despite the presence of refuge-state regime provided
there is support on technical criteria:
Constitutional Court 2020-2009
THEREFORE:
It is declared with the appeal, and directed by the Director of the
Conservation Area Tempisque the National System of Conservation
Areas of the Ministry of Environment and Energy, to carry out all actions
that are within the scope of its powers to, within six months as from the
notification of this judgment: a) any natural or legal person holding land
located there are evicted within the National Wildlife Refuge Ostional,
except in the case of previous occupants of the building Shelter in the
year 1983, or have been licensed to practice research, protection, training
and ecotourism; b) the management plan for approval.
Constitutional Court No. 16892-2009
THEREFORE:
It does not call for the management to suspend the implementation of
Decision No. 2009-2020 of 8.30 hours of February 13, 2009 until
approval of the bill pending in the Legislature of the National Wildlife
Refuge Ostional. It clarifies and adds the operative part of Decision No.
2009-2020 8:30 hours February 13, 2009 in the following sense:
The Minae and the Regional Conservation Area Tempisque Sinac must
vacate solely natural or legal persons whose presence in the environment
may affect the purpose or purposes of the National Wildlife Refuge
Ostional as mass nesting site of the Olive Ridley Turtles. The
determination of these people, and with Minae and said Regional
Directorate, should be objective and unambiguous, with technicians and
scientists informing the Constitutional Court. Note: The Plan de Manejo
draft, as of 29 October 2014, permit persons under the new TECOCOs
law to remain in the Refuge. This permission has not yet been tested
before Sala IV.
This, on the understanding that arbitrary or subjective criteria applied to
define the people who should be evicted or injury be caused to natural
resources or ecosystems subject protections, evictions, lack of
responsibility in the future will Minae and Regional above address.
Moreover, this clarification and addition, not supposed to legitimize
illegally or substantially conforming with the law of natural or legal
persons although not directly impacting the late refuge, which must be
corrected or deleted in the near future through the instruments provided
by the legal system and the powers and functions assigned to each
responsible entity or body in this field. Judges Armijo and Molina saving
vote with respect to the addition and clarification of the operative part of
Decision No. 2009-2020 of 8.30 hours of February 13, 2009 considered
inappropriate.
NWR Ostional Objectives
The Ostional NWR has the following strategic objectives of conservation
(Sinac 2010):
1) The conservation of sea turtles and protection of its breeding
habitat.
2) The conservation and protection of coastal marine
ecosystems.
3) Sustainable use of natural resources by local communities
organized and locals.
3.43 Specific Regulations: Species and Ecosystems
a) Wetlands
Wetlands are areas of marsh, fen, peatland or water, whether natural or
artificial, permanent or temporary, with water that is static or flowing,
fresh, brackish or salt, including areas of marine water the depth of
which at low tide does not exceed six meters.13
Wetlands are declared of public interest under Costa Rican legislation,
any activity that may represent risk to the ecosystem is absolutely
forbidden. Impacts must be evaluated through Environmental Impact
Assessments.
b) Sea Turtles
This particular zone is well known for the concurrence of sea turtles. The
area has important nesting beaches, including Ostional, one of the few
places in the world in where olive ridley sea turtle arrive by thousands
several times in a year and hawksbill, leatherback and green sea turtles in
a much lower number.
Figure 4: Sea Turtle Species Sea turtles and their habitats are protected by national legislation and
international treaties (CITES, CMS, Inter American Convention for the
Protection of Sea Turtles Convention for the Protection of Flora, Fauna and
Scenic Beauties of America, Wildlife Act, among others) signed by Costa Rica
and these regulations must be met and taken into account when developing a
regulatory plan.
Ostional is the only place in Costa Rica where only members are allowed the
extraction of sea turtle eggs, from the Asociación de Desarrollo Integral de
Ostional (ADIO). This controversial exception has been used both as an example
13
Ramsar Convention of Wetlands.
of sustainable development led by local communities, but also as a legal loophole
that demonstrates the lack of controls and gives rise to the illegal trade of sea
turtle eggs from the rest of the country.
3.44 Other Regulations
a) Declaration of tourism zone: Declared by Agreement from the Board of
Directors of the Costa Rican Tourism Institute, published in the official
newspaper La Gaceta Number 220 October 2, 1970. The Agreement
highlights the area located in the following coordinates as an important
place to promote tourism:
b) Nosara beach: Bordered on the north by the point in the grid Lambert
Northern Costa Rica. Latitude 2 / 19.1 length and 3 / 50.25. This beach
stretches to the point latitude 2/3 length and 15.1 / 52.3.
c) Ostional beach: Bordered on the north by the point in the grid Lambert
Northern Costa Rica. Latitude 2 / 24.4 length and 3 / 47.0. This beach
stretches to the point latitude 2 / 19.1 and length 3 / 50.2.
3.45 Other Relevant Matters
a) Natural disasters: According to the National Emergency Commission
(CNE) Nosara has two main natural hazards: a) areas under potential
threat of flooding that can result in drastic changes in land use and b)
seismic faults.14
b) Climate Change: Guanacaste is highly vulnerable to the effects of climate
change, causing drastic changes in rainfall triggering droughts.15
c) Population: According to the last population census in May 2011 Nosara
had a total population of 4,920 people.
d) Population Density: 36,41 hab/km²
CNE – síntesis de amenazas naturales
www.cne.go.cr/Atlas%20de%20Amenazas/atlas_de_amenazas/ametot2.pdf
15 congresomesoamericano.conanp.gob.mx/edward-muller-5.php
14
3.46 Related Projects and Contacts
a) Gasification of solid wastes: The project would transform trash into
electricity through gasification or thermic transformation.16 -Current
status: Executive Decree 38500-S-Minae established a moratorium on
the incineration of waste until there is scientific certainty of its
consequences. A consortium including the electric utility
Coopeguanacaste, Carrillo, Santa Cruz and Nicoya cantons have
petitioned the government to lift the moratorium although the prospects
for a gasification plant appear marginal at this point in time.
b) Coastal Community Territories (TECOCOS): Bill number 18148 seeks to
grant the right to live in terrestrial maritime area (public domain) for
those who for years have lived in this area. Current Status: Constitutional
Court declared the part of the project in the Ostional Wildlife Refuge to
be unconstitutional.
c) Law for Sustainable Exercise of Shrimp Trawling: Bill number 18968
intends to reinstate shrimp trawling after being declared
unconstitutional due to its high environmental and social impact.
Current Status: under discussion in the Legislative Assembly.
d) Public Safety. Playas de Nosara has a tourist police presence during
daylight hours but no regular patrols at night when most crime takes
place. Beach theft, house burglaries and invasions, drug dealing and
reckless driving are our main challenges. If and when Nosara can develop
a policing policy for our area may depend on the acceptance of the
Nosara District Municipal Council.
e) Costa Rica Ombudsman Services provide an opportunity for informal
discussion of problems and complaints outside formal channels. The
Costa Rica Ombudsman listens, discusses, answers questions, provides
information, and identifies options and strategies for resolving a conflict
situation. As a neutral and confidential moderator, the Costa Rica
Ombudsman serves as a dispute resolution advocate and peacekeeper
diplomat.
f) Law 3859 created the National Directorate of Community Development
(DINADECCO) with an organ of the executive branch under the Ministry
of Interior and Police, as a basic tool for organizing communities in the
16
www.vozdeguanacaste.com/en/articles/2014/07/29/what-was-said-municipal-council-councilorsdivided-over-waste-gasification
country, for their active and conscious participation in the realization of
the objectives of the National Plan for Economic and Social
Development.
4.0 Rio Nosara and Zona Protectora Monte Alto
Christoph Hubman
Created by the Executive Decree Number 22967 of February 16 of 1994, the main function of this
protected zone is soil protection, regulation of hydrological regime, and environmental
conservation for the watershed. According to the considerations of the Executive Decree,
technical studies have determined that it is extremely important to protect the upper basin of the
Rio Nosara, located within the grounds of this protected area in order to ensure long-term water
supply for the province of Guanacaste, mainly to the cantons Hojancha and Nicoya, constituting
a very important resource for the conservation of water resources of the Nicoya Peninsula, which
protects scenic resources of great value and suitable sites for the healthy enjoyment of its
beauties, as has traditionally happened.17
It is obvious that a river, if protected, is taken in view from its spring down to the river mouth.
Looking at Rio Nosara, it is exposed to some very big impacts along the way down to the ocean.
One is the melon farm before Curime, maybe the biggest impact. Besides that we´re observing
illegal cutting of trees, little restoration and badly managed forestry efforts and inappropriate use
of agro chemicals by plenty of the farmers along the river. There are no big industries nor big
human settlements found along the river; it flows for the most through forest and agricultural use
land.
Rio Nosara is and has to stay as natural as possible. Any river correction leads to an unknown
and unpredictable impact for the people living along it. Experience in other countries indicates
that renaturalization of a river is the only way to mitigate the impact of a natural river; no dam
nor rectification will help to dominate the impact of the river. Wet or flooding areas are very
important, as well as consideration of every creek entering into the river as the veins, muscles
and bones of it.
Rivers definitely are one of the most important elements supporting eco systems. A natural, wellprotected river will assure sustainable development in its area as it makes its way
down to the ocean. Only the protection of such a fragile natural system will help to keep the
environment healthy and allow human beings to develop sustainable activities along it.
17
cf. page 28.
It is very important to look at this zona protectora as the only way to create a unique situation,
maybe not found around the globe, to be an area, where sustainable growth will
adapt to the natural circumstances (drought, global climate change, growth of population,
change in land use, etc.).
A regulatory plan definitely needs to consider the natural watercourses, as the skeleton, the bio
corridors, and the supply of the drinking water for a whole region. This is why it is about time to
look all the way up to the spring of the river in Hojancha in order to prioritize the actions
necessary for the protection of this fragile eco system.
Taking the right steps of protecting Rio Nosara would be a unique example and allow us to
maintain this very luxurious and privileged way of life we all have, because of the natural beauty
surrounding us. Let us do some efforts to maintain this gem and develop a new and even better
way of living. Let us get together and do some research on what is missing in order to make this
what paradise really can be.
We should definitely look for a global approach that protects our watershed as a sustainability
approach to protect and develop all the land. Our efforts must also include grey and black water
treatment and the reuse of all the water sources available.
Rainwater collection may not sound feasible for the moment here in Guanacaste, but in a decade
probably will be needed. We definitely have to orient ourselves to models from places where
there is not that much water.
Global climate changes will impact all the regions and the consequences are still not predictable.
Let us work on trying to mitigate the impact of global warming, by planting trees, composting
(apparently helps to bind plenty of gases in the ground), and eating less or no meat. Industrial
animal farming has more impact than driving and flying together, as does local gardening. As
people and goods increase transport, globalization has a negative impact on environment.
For example, as teak that was planted in the eighties is shipped now to China, during transport all
of the CO2 blended in during its 30 year growth, is burned away, so to speak, on the transport,
making CO2 neutrality difficult to reach.
The challenge definitely has to do with behavior changes and education: if we want to change the
globe we have to change ourselves; each individual has the possibility and is responsible for the
footprint left. These are very big tasks, but as we talk, this region is a blue zone and can be an
example of how human efforts lead into a better future.
5.0 A Resident’s Concern
With environmental law in Costa Rica the local municipality is charged with enforcing a
Plan Regulador. When a situation exists where local government has demonstrated an
ongoing inability or unwillingness to enforce the law, the courts can take the power and
responsibility out of the hands of the local government and place it in some form of
conservatorship or trust. This research specifically discusses the situation where there
is corruption in enforcing environmental law.
We have seen a continued inability or unwillingness of the Nicoya establishment to
enforce the law, and by inference, seek to make a profit by allowing abuses in this area.
One case in point: A bad actor builds in an environmentally sensitive area. A
clausurado seal is placed on the gate or otherwise the violation is found out. The
offending party then pays a fine after which permits are suddenly issued and the project
goes forward.
Those who made the environmental laws were serious about them, and Costa Rica has
very sophisticated environmental lawyers and scientists who understand the fragile
nature of the maritime ecosystem, and often the courts are very serious about enforcing
these laws as complaints reach the highest level.
What will it take to convince the court that Nicoya cannot be trusted to enforce the law,
and therefore remove any Plan Regulador enforcement role from the
municipality? Now that the PLN is no longer at the helm, enforcement action could
change if the new president decides that the time is right to break this long standing
model of laissez fair government and petty corruption to protect these important
resources and, which presidential action, to assure long term quality tourism and the
consequential revenue streams that are projected from it.
Perhaps we can start the process by developing our own Plan Regulador of a very high
quality without Nicoya.
As manufacturing and call centers move out of CR to less expensive countries, tourism
will be one of the main sources of revenue for the country in the future. This area is one
where the decentralization movement does not make sense to the national government.
So this may not be about the Playas de Nosara versus Nicoya, but an existential conflict
between the national government versus a local government in fighting for good public
policy that can serve as an example to help save the country's economic patrimony. The
key is to make our area a test case, in fact the test case for the Solis administration to set
the course right.
6.0 Approaches and Remedies: A National and International Perspective
6.10 CAFTA-DR Secretariat for Environmental Matters
According to Chapter 17 of CAFTA-DR and specific interpretation of its Article 17.4—
Voluntary Mechanisms to Enhance Environmental Performance and 17.9—Annex:
Environmental Cooperation, new “voluntary mechanisms” and extensive cooperation is
needed to open doors to new enforcement regimes for the Secretariat and its member
countries.
Environmental laws are often the weak link between land stewardship and exploitation.
While regulations are necessary to set standards, their enforcement—an imposition by the
government to protect the public good from unethical and often criminal behavior—is
often difficult to administer.
In Central American societies, police powers relating to the environment are often
selectively applied depending on the country, location in the country, the public officials
in charge and many practical considerations, not the least of which is the funding to
carry-out very substantial mandates imposed by law-makers.
Considering only one of many sectors where enforcement of environmental laws are
crucial international tourism exports in tourism of nearly $10 billion in CAFTA-DR
countries represented about 20% of their total exports in 2012.18
UN World Tourism Organization Tourism Highlights 2013 Edition. 2013 The World Factbook
of the CIA.
18
Figure 5: Central American Exports Exports ($billions)
Tourism
Dominican Republic
Cost Rica
Guatemala
Honduras
El Salvador
Nicaragua
Total
4.549
2.524
1.350
.661
.415
.378
9.877
Total
9.079
11.440
10.090
7.931
5.447
4.157
48.144
In 2001, a report by the Nosara Civic Association Long Range Planning Committee stated:
The rules of community are a force unto themselves, criminal sanctions aside. Violators of
the ethics, mores and written rules of the community would feel the repercussions, real or
imagined, of the social censure inherent in their acts. The very knowledge that an act
violates the will of the community is a powerful deterrent. Hence, if zoning is adopted,
and social measures can be taken against those who would flaunt them, the regulations
will likely have a presence and power that would be far better than no regulations at all. 19
Costa Rica has been a remarkable standout on the Environmental Performance Impact (EPI) list.
In an industrial context, several large corporations in Costa Rica work with the government to
avoid or mitigate environmental damage. In a 2006 study by the World Bank noted (although
now, perhaps out of date):
…the presence of Intel [has] had an impact on Costa Rica’s business culture and the
community in general. A highly visible and prominent employer, Intel was also an active
contributor to the community and a socially responsible corporate citizen, especially with
regard to social programs and environmental awareness. Intel’s efforts have had an
influence on other companies in Costa Rica in establishing more socially responsible
practices, another sort of multiplier effect.20
One company has been transformational in providing export leadership in a shift from coffee and
bananas to computer chips.21 In the process, the Costa Rican government streamlined permitting
processes without sacrificing the integrity of its position.
See http://66.147.242.174/~nosaraci/wp-content/uploads/2013/08/masterplan1.pdf
20 —“The Impact of Intel in Costa Rica” Investment in Development Series, Multilateral Investment
Guarantee Agency, The World Bank Group, 2006, 11.
21 Ibid. p. 15. …thirty years ago traditional coffee and bananas represented 80% of exports, and today, nontraditional exports represent 80%.
19
But to maintain this reputation is the primary responsibility of businesses, citizens, residents and
visitors rather than local government enforcement efforts. The problem with this arrangement is
two-fold: 1. Many municipalities are far-flung and underfinanced with untrained personnel and
2. Legal instruments for enforcement have proven to be a labyrinth of jurisdictions, procedurally
complex, drawn-out and expensive, often without timely relief to the problem.
While Costa Rica’s environmental issues are notable, they are far different from the other
countries party to the CAFTA-DR agreement. Beyond EPI, another measure is the United
Nations Environmental Programme’s (UNEP) Environmental Vulnerability Index. Nicaragua and
Honduras are listed as “vulnerable” while Dominican Republic, Guatemala, El Salvador and
Costa Rica as “highly vulnerable.” These ratings point to overwhelming evidence that despite
reforms in environmental legislation, enforcement by public agencies and civil society require a
substantial new paradigm for quantifiable improvements.22
It is notable that both the Interamerican Development Bank and the US
Environmental Protection Agency (EPA) both often rely on civil society solutions
to legal problems in the enforcement of environmental laws. Further, neither
SMSEs nor NGOs have the necessary resources to fully engage in the legal
processes necessary to realize reform and relief from the Secretariat’s
procedures. Indeed an examination of the Secretariat’s case files indicates that
closure has been difficult in many if not most submissions.
6.20 Global Sustainable Tourism Critical for Destinations (GSTC-D)
The recognized model for tourism sustainability has been developed over many
years by the Global Sustainable Tourism Council (GSTC) that serves as the
international body for establishing and managing standards for sustainable
tourism. According to the GSTC23
At the heart of this work are the Global Sustainable Tourism Criteria and
the development of the GSTC Criteria for Destinations. These are the
guiding principles and minimum requirements that any tourism business
or destination should aspire to reach in order to protect and sustain the
world’s natural and cultural resources, while ensuring tourism meets its
potential as a tool for conservation and poverty alleviation. Sustainability
is imperative for all tourism stakeholders and must translate from words
to actions.
See http://www.unep.org 23 http://www.gstcouncil.org/about/learn-‐about-‐gstc.html 22
Under the umbrella of the United Nations and currently active in all UN
World Tourism Organization’s (UNWTO) regions, the GSTC represents a
diverse and global membership, including UN agencies, leading travel
companies, hotels, country tourism boards, tour operators, individuals
and communities – all striving to achieve best practices in sustainable
tourism.
6.30 Nosara: A Strategic Model for Open Source Redevelopment24
The advent of the Citizens’ Action Party (PAC) gains with the election of Luis Guillermo
Solís Rivera provide a timely and perhaps unique opportunity to reform government as it
is administered in Nosara. Given the timeless and entrenched interests of the PLN in the
region, the Solis victories on February 2 and April 6, 2014 with overwhelming support
from the Central Valley and the trade unions, speak to the peoples’ loss of confidence in
the PLN and in its power, more or less, over the past six decades.
But because Nicoya and Santa Cruz voters cling to their heritage far removed from the
Central Valley, the PAC remains a minority party with most public officials competing
within a PLN framework saturated by cronyism and favoritism.
Costa Rica’s Nosara on the Nicoya Peninsula is on the cusp of two paths of development:
The existing path follows a mainly informal economy, unreported incomes, few local
government services and wholly inadequate health and education facilities. The future
path may either stay the course or be reimagined, applying both modern planning
practices and the rule of law. Either way, the net impact on public finances and effort may
be relatively the same while the results will be dramatically different.
6.31 Why is Nosara the prime candidate as a model for reform?
Together, the new national government elected in 2014, revised regulations in creating
and managing Municipal District Council and a core of civic activists in Nosara District
provide a stimulus for reform.
a) Nosara District of 5000 people is 51 km distant from its seat of government in
Nicoya, providing a small-scale, measurable demonstration of government reform.
b) Nicoya Canton has a reputation for malfeasance in both the collection of revenues
and providing services to Nosara.
c) Because of foreign investment and expat residency in Nosara beach communities,
there is significant expertise and resources to contribute to a reduction of the 25%
of the tico population living with Unsatisfactory Basic Needs.25
d) A four-decade tradition of voluntary action and philanthropy exists in Nosara,
creating opportunities for partnership and conciliation among non-government
organizations in the Nosara District.
e) The national government, through both the Ostional Wildlife Refuge and Route
160, frame the East and West boundaries of Nosara, providing significant
opportunities for visible reform and improvements within 36 months.
f) Innovations in decentralized public administration and community participation,
Costa Rica’s national policy, could include public-private partnerships, tax
increment financing and improved cross-cultural communication to provide nearterm benefits to the public while increasing the tax base and minimizing waste,
fraud and abuse in government services. In 2013, only 18% of Nosara tax
revenues were returned by Nicoya for Nosara projects.
g) A paralysis in county government exists today due to political and personal
divisions among the canton’s council, mayor and various Nosara NGOs.
h) According to Nicoya Major Jimenez, the tax base of Nosara District is $400,000
per month, including sales and property taxes. Base on this and county data,
Nosara has a formal economy of an estimated $40 million per year even as the
informal economy, low assessments and uncollected taxes are widespread.
i) The Nosara Civic Association for nearly 40 years has provided organization and
funding subsidy for police protection, a library, fire fighters, garbage collection
and disposal, family services, school construction, parks and recreations and
animal control in addition to providing and protecting for the public 65 hectares of
parklands, assistance in protection of the National Refuge beach and maritime
zone.
j) The creation of Nosara Municipal District Council has wide support among the
people of Nosara, Mayor Jimenez and President Solis.
A Portrait of Economic Realities in Nosara and Sámara: Providing Tools for Sustainable
Development, Jannelle Wilkins, et. al, eds., Washington, DC: Center for Responsible Travel, 2014.
25
6.32 Public Policy
In his Plan Rescate, President Solis focused on three central issues of his
administration: anti-corruption, economic growth, and reducing income inequality.26
The following relates these three areas of focus to Nosara.
6.33 Anti-corruption Efforts
While this arena mostly addresses government-to-government interventions, the
reputation of Nicoya’s administration and that of regional offices of the national
government is not positive. While corruption takes different forms, the results are
mostly the same: fewer and increasingly delayed public services. Corruption includes
salaried public employees receiving gratuities to either ignore the law or enforce the
law; elected officials who take kickbacks from contractors for providing dishonest
favors to friends; and both civil service employees and elected officials simply not
performing the work they are paid to do. In Nicoya Canton, we see all of these
problems resulting in a lack of adequate policing, rampant drug dealing within the
sight of the tourist police, lack of enforcement of the maritime zone, inappropriate
permitting and tax avoidance.
6.34 Advancing Economic Growth Policies
The irony of Nosara is a tale of two cities, the tourism enclave that is growing too fast
and the local tico communities growing too slowly, with many ticos from San Jose or
Liberia arriving for jobs that cannot be filled by local workers. According to Ticotimes,
President Luis Guillermo Solís’ administration has highlighted investment in small
and medium-sized businesses as a key part of the government’s plan to build up the
domestic economy. Specific to Nosara District, the critical need is vocational and
technical training in construction and tourism skills, English language instruction and
better engagement among public education professionals. According to long time
Nosara citizens, there exists a general lack of enthusiasm for change and the
challenges of entrepreneurial activity, a problem that exists in rural communities
across the globe that are moving from agriculture to new commerce with many people
Kane, C. (April 9, 2014). "President-elect Solis’ plan: Balance the budget and protect the environment
without raising taxes". The Tico Times.
26
moving in, with locals either left behind or in serious poverty as housing and food
costs continue to rise.
An area for possible improvement is a public-private partnership among Nosara
businesses and Instituto Nacional De Aprendizaje (INA) if and when there is a critical
mass of young people with a will to engage in skills training. Businesses queried
indicate a willingness to create apprenticeships for INA graduates. Programs such as
the Proyecto San Gerardo and Rose Charities Canada in southern Costa Rica are
amodels if good candidate students may be found. A structure already exists for
vocational training when students, the public schools, business and the government
may find common ground to initiate a relevant program. Such programs are at the
heart of the ReCitizen concept, as described below.
6.35 Reducing Income Inequality
The contrast between rich and poor is particularly problematic in Nosara.
Opportunities for skills training, small business loans, incubation and mentoring and
affordable childcare will help to normalize relations between foreign and local and
rich and poor residents.
6.40 ReCitizen
In recent years mayors have controlled the various governmental practices impacting
rural development in Costa Rica, and too often without meaningful stakeholder
involvement. Add to the mix with hidden players and agendas and a lack of
integration among the various agencies and jurisdictions with mandates for
community revitalization and natural resources protection. According to ReCitizen’s
Storm Cunningham’s use of the term,
“[T]he ‘open source’ movement has revolutionized a broad variety of industries…
In general, ‘open source’ refers to a system…accessible by the public for free use
and/or modification. These are usually collaborative efforts, often with citizens
sharing their ideas for additions and improvements with public and private
leaders.”27
One good example in North America and Europe is the increasing use of crowd
sourcing and crowd-funding (e.g. Kickstarter, Indiegogo, etc.) for community
development and social enterprises. In Nosara, for example, these tools were used to
build a Recycling Center and waste management program These approaches are most
useful to either “launch projects more expeditiously than the local government
bureaucracy might allow” or to “create a shared vision of the community's desired
future,” according to Cunningham.28
With foreigner and citizen participation, together, Nosara’s initiatives can achieve the
momentum, according to Cunningham, “that makes it difficult for bureaucrats and
elected leaders to obstruct them.”29 In sum, this strategy for communities in rural
areas can make positive impacts in the transition from agriculture to services
generating substantial foreign exchange by sharing knowledge, working in
collaboration with transparency and extensive use of both social media and crowd
technologies.
Recent research together with Costa Rica’s decentralization policies suggests that
public initiatives tend to originate and flourish with local creativity and innovation.
Nosara is a prime candidate to develop a model that will be useful to other, similarly
situated communities in Costa Rica and Central America.
To assess Nosara’s problem of cross-cultural cooperation and communications,
Cultural Dimensions Theory developed by Professor Geert Hofstede also may be
considered.
From Fixers: New Leaders for Broken Times by Storm Cunningham, forthcoming 2015. See
http://StormCunningham.com.
27
28
29
Ibid. Ibid.
6.50 Cultural Dimensions Theory
Foreigners living on tico soil should realize that the surrounding culture is quite
different from the United States or Canada, Germany or even Spain. We view the
world through a different lens with consequences often subtle or unobserved.
Finding common ground in a cross-cultural setting requires not only sensitivity, but a
strategy that fully acknowledges these differences in a manner that can valorize rather
than depreciate our differences.
Cross-cultural comparisons are used by such industries as aviation and management
consulting where cultural differences in communications and hierarchical
relationships are critical to mutual understanding. In Nosara, the overwhelming
majority of foreigners are from the United States and Canada. The values that
distinguished country cultures from each other can be statistically categorized into
four groups, known as the “Hofstede dimensions of national culture.”30
Cultural Dimensions Indexes by country were developed by Hofstede from hundreds
of thousands of questionnaires in cross-border corporate assignments over the past
50 years and 76 countries.
30
Hofstede, Geert, Gert Jan Hofstede, Michael Minkov (2010) Cultures and Organizations: Software of the
Mind, Third Edition, New York: McGraw-Hill.
Figure 6: Comparison of Cross-‐cultural Cooperation and Communications, Costa Rica Compared to the United 31
States and Canada. 91
86
80
62
52
40 39
46 48
35
21
15
Power/
Distance
Individualism
Costa Rica
Masculinity
United States
Uncertainty/
Avoidance
Canada
6.51 Masculinity Index
A high score (masculine) on this dimension indicates that the society will be driven by
competition, achievement and success, with success being defined by the winner/best
in field—a value system that starts in school and continues throughout organizational
behavior.
A low score (feminine) on the dimension means that the dominant values in society
are caring for others and quality of life. A feminine society is one where quality of life
is the sign of success and standing out from the crowd is not admirable. The
fundamental issue here is what motivates people, wanting to be the best (masculine)
or liking what you do (feminine).
31
http://geert-hofstede.com/costa-rica.html
6.52 Power Distance
Power distance is defined as the extent to which the less powerful members of
institutions and organizations within a country expect and accept that power is
distributed unequally. The power distance among these three countries—Costa Rica,
US and Canada—are very similar.
6.53 Individualism
The fundamental issue addressed by this dimension is the degree of interdependence
a society maintains among its members. It has to do with whether people’s self-image
is defined in terms of “I” or “We.” In Individualist societies people are supposed to
look after themselves and their direct family only. In Collectivist societies people
belong to “in groups” that take care of them in exchange for loyalty. As we see in
Figure 6, Individualism in North America is five or six times stronger than in Costa
Rica.
6.54 Uncertainty Avoidance
This dimension has to do with the way that a society deals with the fact that the future can
never be known: Should we try to control the future or just let it happen? This ambiguity
brings with it anxiety and different cultures have learned to deal with this anxiety in
different ways. The extent to which the members of a culture feel threatened by
ambiguous or unknown situations and have created beliefs and institutions that try to
avoid these is reflected in the UAI score. At 86, Costa Rica scores high on uncertainty
avoidance. In countries exhibiting a high score of uncertainty avoidance, formality and a
strong emotional need for structure and rules are important, even if it’s not always
working or followed. Bureaucracy is very time consuming in Costa Rica, documentation,
need for stamps and written instructions are important. As ticos are rather conservative,
they do not always embrace strange and different ideas.
6.60 Why Does Nosara Need Open Source Redevelopment?
Government and the people’s inclination toward Uncertainty Avoidance have been
the principal obstacles for positive change in Nosara. Under current conditions
across this coastal district in Nicoya Canton, there are significant problems that are
either not being addressed by government or because the public is resistant to
change.
In the 2011 State of the Nation Report, the measure of Costa Rica’s poverty statistics by
district—educational attainment, public health, literacy, household incomes and disparity,
employment and unemployment—it’s Index of Unsatisfactory Basic Needs (UBN) ranked
Nosara near the bottom on most indicators, with education attainment the lowest, with
only 25.4% of students graduating from collegio.32
While cronyism and petty corruption are generally thought to be a large part of the
problem, two other factors are probably more serious. Essentially, Nosara is
ignored, as is the conventional wisdom, because “gringos manage themselves.” The
consequence, most seriously, is that the local tico community is denied services
from Nicoya. As Nicoya’s police chief said last year, “We don’t go to Nosara. The
road is terrible.”33
For more than a generation most of the changes have come from the shared private
resources of the expat beach neighborhoods, including trash collection and
recycling, animal control, fire fighting and support for the tourist police.
Continuing education, training and performance measures for county officials
appear lacking in an understanding of the laws and enforcement resources that
continue to disadvantage Nosara. Finally, tax collections capture perhaps less than
half of the revenues owed to canton and national coffers due to a general lack of
independent property assessments, underreporting of sales taxes by businesses on
cash transactions and a large informal sector that pays no taxes at all.
Project expenditures by the Nicoya Canton for Nosara are miniscule. Perhaps of greater
importance is that property tax payments per capita in Nosara are six-to-ten times greater
El Instituto Nacional de Estadística y Censos, 2011.
33 Voice of Guanacaste, February 2013.
32
than the other Nicoya districts located off the coast while county expenditures back to
Nosara are only 18% of revenues that Nosara generates.
Figure 7: Comparison of Tax Receipts and Expenditures FY201334 Nicoya Canton Office of
Comptroller
• Property Tax Receipts
• Property Tax Receipts Per Person
• Funds Expended
• Expenditures to Receipts
District of
Nicoya
₡168,808,666
₡7,391
₡232,158,432
137%
District of
Nosara
₡133,824,164
₡42,242
₡24,556,942
18%
In sum, Nosara paid six times as much per capita in property taxes in FY2013 and
received one-tenth as much totally from the local government for basic services
such as county road maintenance, police protection, fire fighters, garbage collection
and disposal, family services, school construction, parks and recreations and
animal control, all of which have been organized and are funded and managed
through voluntary efforts within the community.
Open source redevelopment for Nosara is more about the sharing and elimination
of “worst practices” than the application of best practices. Costa Rica’s best
practices, can, in fact, stifle local solutions through attenuated processes designed
to meet the requirements of large projects and bureaucratic needs rather than the
people they serve in rural hamlets.
The feedback loop of what works and what doesn’t simply does not exist in Nosara
except sporadically through the press and the courts. With results-oriented
planning and asset-based community development, small shifts in public inputs
and new public-private partnerships, many of Nosara’s deficits can be materially
improved within a single election cycle.
34
Canton of Nicoya, Office of Comptroller, FY2013.
7.0 Tools of the Trade: How Can Nosara Address these Problems?
Understanding the priorities and social dynamics of the expat and local residents is the critical
first step of the process that can be achieved through both data collection, analysis and the
organization of a district-wide leadership forum that can address civic matters that cross the lines
of local tico culture in an international tourism economy.
Figure 8: Demonstration of Holistic, Integrated Public Services and Public-‐Private Partnerships. SECTOR
GOVERNANCE
PROBLEM
APPROACH
AGENCIES
RESPONSIBLE$ENFORCEMENT$OF$
LAWS$and$TAX$COLLECTIONS.
PLAN$MANEJO,$PLAN$REGULADOR,$
MUNICIPAL$DISTRICT$COUNCIL,$
SPECIAL$LEGISLATION.
INVU,$SETENA,$
NICOYA$COUNCIL$
TRANSPORT
REPAIR,$DUST$SUPPRESSION$and$
PAVING.
MAINTENANCE,$DUST$
SUPPRESSION$and$PAVING.$
CONAVI,$MOPT
LAW$ENFORCEMENT
ADEQUATE$POLICING$=$NIGHT$
SHIFT,$CRIME$PREVENTION.
SUPERVISION,$TRAINING$and$
RESOURCES.$
OIJ,$$MINISTERIO$
PUBLICO
ENVIRONMENT
ENFORCEMENT$OF$
ENVIRONMENTAL$LAWS.
ACT$SUBSTATION$@$GUIONES,$
TRAINING,$ENFORCEMENT.
MINAE,$SINAC
WATER$&$WASTEWATER
ABILITY$TO$RAISE$RATES$and$$
BORROW$FUND$TO$ADD$CAPACITY.
CERTIFICATION$and$
RESPONSIVENESS;$REGULATION$
THAT$FITS$THE$PROBLEMS.
MINISTERIO$DE$
SALUD,$AyA
SOCIAL$SERVICES
CHILD$SERVICES,$SENIOR$SERVICES,$
HOUSING.
INTEGRATED$STRATEGY$and$
COLLABORATION$AMONG$
AGENCIES.
MINISTERIO$DE$
SALUD,$MEP,$
MIVAH
ECONOMIC$DEVELOPMENT
SKILLS$TRAINING,$ENGLISH$
LANGUAGE,$LIVING$WAGE,$MSME$
CAPACITY$and$LOANS.$
INTEGRATION$OF$EDUCATION,$
WORKFORCE$DEVELOPMENT,$SMALL$
BUSINESS$INCUBATION
MEP,$MTSS,$ICT,$
CINDE,$OTHERS
7.10 Data Collection and Analysis
In January 2014 Nosara Civic Association published A Portrait of Economic Realities in
Nosara and Sámara: Providing Tools for Sustainable Development, in English and
Spanish,35 including data from Costa Rica’s State of the Nation Report, Nicoya Canton
revenue and expenditure data and international sources. The study focused on UBN data
and county government public finance to highlight and validate perceptions of poverty in
the Nosara district and the lack of support for poverty alleviation outside community
volunteer efforts.
35
Wilkins, J. et. al, (2014). A Portrait of Economic Realities in Nosara and Sámara.
A second objective of the study was to inform the community on the importance of
sustainability practices in the face of a growing tourism economy, including the
guidelines as set forth by the Global Sustainable Tourism Criteria for Destinations
(GSTC-D)—published November 2013 by the UNWTO—outlining an integrated
approach to social, economic and environmental destination sustainability.36
As British geographer Erlet Cater has written, “Unless the environment is safe-guarded
tourism is in danger of being a self-destructive process, destroying the very resources
upon which it is based.”37 Or consider Nobel Laureate Paul Krugman’s comment, “It’s
very hard to extract golden eggs from sophisticated economies without killing the goose in
the process.”38
Playas de Nosara is the buffer zone for the Ostional Wildlife Refuge, with the
limits of acceptable change exceeding its carrying capacity within the foreseeable
future without substantial interventions. The Ostional Wildlife Refuge Plan de
Manejo, led by Dr. Allan Asorga, nearly completed, highlights extreme fragility of
some populated areas along Playas de Nosara.
Intervention through properly developed and enforced regulations or its
obstruction can result in win-win, win-lose, lose-win or lose-lose results,
depending on the wisdom of solutions offered and compromises achieved but
following the proposed National Development Plan to “Promote a wholesome
tourism development, with the purpose of improving Costa Ricans' quality of life,
by maintaining a balance between the economic and social boundaries,
environmental protection, culture, and facilities.”39
What’s missing is the application of these criteria as a baseline so that progress
toward sustainability goals may be measured. Data collection by Instituto
Costarricense de Turismo (ICT) is inadequate for such a micro-region as Nosara,
Ibid., See pages 33–34.
37 Cater, E., Environmental contradictions in sustainable tourism, The Geographical Journal, Vol. 161, No. March
1995, 21-28.
38 The New York Times, August 16, 2014, "Why We Fight."
39 http://www.visitcostarica.com/ict/paginas/TourismBoard.asp
36
an exercise that should be undertaken through government, business and
voluntary initiative. This data should inform workforce needs in tourism and
construction, seasonal visitor levels, visitor generating markets, group size and
lengths of stay, visitor expenditures, and an inventory of formal businesses in the
district.
7.20 Community Participation and Self-Government
As a classic borderland, the Nosara district was removed from most commercial activity
before the 1960s, the trek by horseback to Nicoya a daylong trip. A fishing, farming and
herding culture, both isolated and self-sufficient, lingers still, a situation found in remote
coastal and mountaintop destinations throughout the world. The mix of tico and North
American cultures continues to have its challenges, but growth, seemingly inevitable for
at least the next decade, will not last without serious efforts to increase capacity of the
local workforce, the infrastructure and in its public administration.
For nearly four decades the expat community of Playas de Nosara has made significant
inroads to manage civic services in the absence of governmental action providing the
critical mass of investment in the 1970s and ‘80s to bring postal, electrification, telephone
and regular air services to Nosara. The Nosara Civic Association created the first private
sector ASADA in Costa Rica and maintains 86 hectares of parklands and developable
parcels throughout the Playas de Nosara neighborhoods.
Many of the civic processes to help alleviate poverty and manage growth of the Nosara
District are well established in the Americas. They are led by residents and rely on
predictable inputs, a clear delineation of roles and responsibilities and a focus on
accountability to achieve timely results. Five tools, working together, are discussed here.
7.30 Nosara Leadership Forum
On August 9, 2014 the Nosara Civic Association organized the first Nosara Leadership
Forum attended by 55 association and other community leaders from throughout Nosara
District, representing education, health, waste management, tourism, animal control,
churches, environmental and wildlife management, water and other vital sectors in the
district. The group prioritized the most important issues facing the area and self-selected
leaders from the district’s ten pueblos and barrios as representatives to convene and serve
as both an advocacy forum and provide oversight of local government. The first meeting
of the resulting working group met in Garza on August 30 and selected committees to
address road and water priorities. The group has met in September and October and has
an ongoing agenda to represent the interests of District of Nosara residents and citizens
as a non-government forum to provide oversight to actions and inaction at every level of
government.
7.40 Asset-based Community Development (ABCD)
According to the Asset-Based Community Development Institute, this planning
approach “…considers local assets as the primary building blocks of sustainable
community development. Building on the skills of local residents, the power of local
associations, and the supportive functions of local institutions, asset-based community
development draws upon existing community strengths to build stronger, more
sustainable communities for the future.”40
7.50 Public-Private Partnerships (P3)
P3 involves a contract between a public sector authority and a non-government
organization or private party, in which the private party provides a public service or
project and assumes substantial financial, technical and operational risk in the project.
In some types of P3, the cost of using the service is borne exclusively by the users of the
service and not by the taxpayer; in others, taxes are allocated to carryout the work.
7.60 Tax-increment Financing (TIF)
TIF is a valuable tool for revitalizing communities. TIF is a way of borrowing against the
future value of infrastructure improvements, in order to have the cash needed to make
those improvements happen now. Typical TIF projects are for waterworks and waste
management improvements.
40
http://www.abcdinstitute.org/
7.70 NCA Building Council
As a proposal, the mission of an NCA Building Council could be to maximize and sustain
return-on-investment within mutually understood and agreed upon criteria, with leading
consideration given to the protection of the environment while also maintaining the
distinctive character of Playas de Nosara as a decentralized and heavily forested mixed
use community and vacation destination.
Because Playas de Nosara was planned as residential but developed organically with
mixed uses, it is now both impractical and probably undesirable to attempt to zone land
uses, as is customary in urban settings. But the reasons for separation of residential from
commercial land uses involve four variables: congestion, noise, light and parking. And
for business, residential and hybrid land uses, environmental and infrastructure remain
in common (assuming modest scale). But at the foundation of planning and zoning for
business, residential and hybrid land uses are these parameters:
1.
2.
3.
4.
5.
6.
7.
8.
set-back from street;
side-to-side set-backs;
height limitation based on distance from the beach;
minimum lot size for type of use;
maximum floor-to-area ratio; and,
incorporating existing law relating to light pollution;
incorporating existing law relating to noise regulation;
parking accommodation
Implementation of 1-5 (above) is by standards for permitting within a proposed new
municipality code. Implementation of 6-7 is by policing to a particular standard,
necessary for mixed-use development. The encouragement is that those businesses that
seek to exceed these parameters be located outside the zoned area(s).
These standards may be recommended during the public comments period of the
forthcoming Ostional Wildlife Refuge Plan de Manejo and its recommendations for a
Buffer Plan that include all of Playas de Nosara populated areas.
Standards that are adopted within a municipality’s code need to be self-evident in
documents, simple and unambiguous to apply. A challenge is the creation of a zoning
board to hear appeals that invariably occur relating to odd-shaped, steep-graded and
other irregular properties.
Investigation of formal relationships among municipality agencies and the community in
an appeal process is at the heart of the matter using an unambiguous, fair and
transparent charter.
Beyond mandated standards, consideration should be given to environmental standards
certification relating to wastewater treatment and perhaps other criteria that could
include the use of solar energy, water-saving fixtures and appliances, energy-saving
applications and other greening applications.
Criteria for parking, walkability strategies, road standards, place addresses and myriad
other issues may or may not emerge, but, as a practical matter, professionals should
assume initiative through the Nosara Building Trades Professional Council and voice its
advocacy to the government in solidarity with the environmental community. While
public hearings are a necessity, leadership and expertise are required to adopt
reasonable standards that community-interested and engaged professionals in the
building trades working in Nosara District can accept and support.
7.80 The Model Nosara™ Brand
Model Nosara says to Costa Rica’s leadership,
“We are a laboratory for public policy innovation in Guanacaste.”
Model Nosara says to Nicoya’s leadership,
“We are increasing the tax base while protecting a unique Costa Rican offer.”
Model Nosara says to the Nosara District,
“Join in our strategy to create new job and business opportunities, training and tax
revenues in partnership with the national government and private sector.”
Model Nosara says to Playas de Nosara residents,
“Let’s agree on a unified strategy and actions to enhance property values and attract responsible
travelers.”
Model Nosara says to Playas de Nosara businesses,
“You are part of the Model Nosara product and service. Let’s work together to add value
to your business.”
Model Nosara says to Playas de Nosara visitors,
“Nosara is one of the best visitor experiences in the world offering a small-scale, ex-pat
sustainable community.”
8.0 Communications and Outreach
Model Nosara will communicate in two languages to multiple audiences. While planning
documents among professionals can be disseminated with uniformity, a public affairs strategy
requires differing messages to different stakeholders in a Model Nosara campaign.
In sum, the stakeholders include Playas de Nosara residents, District of Nosara residents, local,
canton and national public officials, the local business community, donors, environmental
advocates and visitors.
Figure 9: Communications Matrix Stakeholder Playas de Nosara residents Dist. of Nosara residents Local officials English ✔
✔
National officials Donors Environmental advocates Visitors Doc Websit
e ✔
✔
✔
✔
✔
✔
✔
✔
✔
Canton officials Local business Spanis
h ✔
✔
✔
✔
✔
✔
✔
Facebook Twitte
r ✔
Text ✔
✔
Email ✔
✔
✔
✔
✔
✔
✔
Powerpt
. ✔
✔
✔
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8.10 Messaging
The Model Nosara message strategy will consist of a positioning statement and three to
four support points. The positioning statement will address each target market’s most
pressing problem by stating a benefit; i.e. why the target should care about Model Nosara.
Support points reinforce the importance and uniqueness of the positioning statement.
They provide a reason to believe the positioning statement. Most importantly, support
points must support, not compete, with the positioning statement.
The Model Nosara message strategy will make it easier to deliver the same message in all
our marketing communications. Consistent execution of the same message is a critical
factor in successful marketing.
8.20 Positioning statement
The Model Nosara positioning statement becomes the central theme for all our marketing
activities. The positioning statement will be a short, declarative sentence that states just
one benefit, and addresses each target’s No. 1 issue relating to Playas de Nosara. A good
positioning statement easily adapts to all marketing communications such as product
descriptions, web sites, Facebook pages, presentations, brochures, advertisements, public
relations and presentations to donors and advocates.
In summary, a positioning statement is:
•
Short – fewer than 12 words (not counting the brand name)
•
Simple, non-jargon language
•
Adaptable to various media
•
A compelling statement of one big benefit
•
Supported by three or four additional benefit claims
•
Satisfies four evaluation criteria (unique, believable, important and usable)
8.30 Support points
The Model Nosara support points will unfold our story in more detail. They help explain
our positioning statement and answer questions like, “how do you deliver the benefit
promised in the positioning statement?”
Supporting points provide a structure for benefit demonstrations. While the positioning
statement articulates a high-level, abstract benefit, the claims made in the supporting
statements should be readily demonstrable; that is, in just a few steps, you should be able
to understand how the effort delivers concrete benefits.
Under each supporting statements, the material can drill down into as much detail as
needed to provide a platform for marketing communications. Use of an outline format
will make it easy for writers and other communicators to take full advantage of our
message strategy.
Repeating the message strategy over and over is the most important factor in successful
marketing. Repetition is how we own a position, and our message strategy should remain
unchanged for at least 18 months, and ideally longer, much longer.
9.0 Model Nosara™ Action Plan FY2015
The orchestration of a strategic plan to make substantial and positive changes in Playas de
Nosara and the Nosara District as a whole will require NCA membership approvals and both
lateral coordination across the various associations and stakeholder interests in Nosara District
and vertical coordination among national, regional, municipality and local authorities. Early,
measurable results will be tentative given the complexity of overlapping jurisdictional issues and
undefined definitions in law.
Critical to any Costa Rican planning process is patience. Officials move carefully and slowly to
administer laws, with enforcement both selective and often attenuated by multiple bureaucratic
processes. The goals of this Action Plan is to apportion tasks that lead to strategic elements,
regular deliverables and tangible and measurable progress towards ultimate changes in
institutional arrangements, land management, environmental protection, law enforcement and
adequate government reform.
Attachments
A. Editor’s Note ...................................................................................................................... 67
B. Consultant CV ..................................................................................................................... 69
C. FY2015 PERT Workplan .................................................................................................... Attached
Editor’s Note
I grew up in Alabama. Where I lived was not the poorest of the poor, but there were a
large percentage of low-come, undereducated families in my part of the world. I lived in
an area dominated by the Tennessee Valley Authority (TVA), created by the first
legislation in Franklin Roosevelt’s first one hundred days. TVA built power dams, stopped
erosion, planted forests, created vast fishing and recreational lakes, controlled flooding
and spawned many spinoffs such as the Rural Electric Administration.
My area (Muscle Shoals) went from only 10% of homes with electricity (it simply wasn’t
available) in 1930 to 90% by 1940.
How a small region can transform itself in ten years has been my full-time work since 1985,
preparing plans and plans of plans throughout Appalachia and including Muscle Shoals for the
National Park Service and, later, in southern and western Africa, the Middle East and Eurasia for
USAID and the World Bank.
As an organizing concept, it will help enormously to seek to solve the insoluble and give the wellbeloved concepts of sustainable regional development an ethic, spirit, enthusiasm and solidarity
around the idea that Playas de Nosara and its surround are a sustainable community that may
serve as a model to Costa Rica and the world. The test is to be both admired and responsible to
the idea that to remain sustainable requires an enormous commitment.
The challenge is to meet both broad and specific ways to mesh public-private partnership to
protect or enhance the environment, produce new and continuing local economic growth and to
address the range of consequential social issues. Playas de Nosara and Nosara District serve as
perhaps the Costa Rican case study for the push (growth) and the pull (environmental
sustainability) encountered at every point on the compass (public versus private interests, old
resident versus new or want-to-be resident, business versus residential goals or differing
interests and visions pitting local against expat goals).
The fuel for Nosara District's transformation is tourism. Essentially, as the pace of
development accelerates there are typically a few winners and many losers. TVA was based on a
theory and creed among a community of economists and conservationists that believed in
integrated resource planning both by leveling the playing field for success between city (for us, mass
tourism) and the countryside (the ocean and forest), and also in our case, between tico and gringo.
Actually, TVA worked and the Muscle Shoals economy went from agriculture to industry to services
in its 80 years, or, three generations of local residents earning their living from three very different
economic sectors. Music, then infrastructure projects paved the way for tourism, fishing and
retirement living. Muscle Shoals has experienced no booms nor busts throughout its long history.
Its stability is based on a serious local-national collaboration that lasted for decades and
continually molded itself to its circumstances, but with only one overarching strategy of
integrated resource planning. Books have been written about the pitfalls and triumphs of localnational, business-resident, and rich-poor and racial divides, but TVA remains the model still
taught in city and regional planning programs today.
Can it be done in Nosara? As we continue into the fray, we’ll find out. But the TVA impact on
Muscle Shoals in 1933 was proportionally different as Model Nosara is today. In 1933, TVA at
Muscle Shoals impacted one person per 25,000 Americans and cost the government $871 million
in 2014 dollars ($47 million in 1935) a benefit of more than $1700 per each of Muscle Shoals’
50,000 residents. The 5,000 beneficiaries of Model Nosara impacts one per 1,000 Costa Ricans,
and if done with maximum cooperation, will cost the government nothing.
President Obama signed into law The Muscle Shoals National Heritage Area in 2009, an honor that
required enormous volunteer commitments over 15 years.
As a regional planner, I am a member (retired) of the American Institute of Certified Planners and the
American Society of Landscape Architects and have worked as an international tourism consultant for
25 years. The Africa Travel Association recognized me in 2010 for “Outstanding Achievement in
Development of Responsible Tourism on the Continent.” Since 2000 I have been a senior research
scholar at the International Institute of Tourism Studies at the George Washington University and
authored Usonia: Frank Lloyd Wright’s Design for America41 and other books and writings on
regional planning and sustainable tourism. I live fulltime in Playa Guiones with my wife, Linda Tarlow.
________________
Alvin Rosenbaum, president of the Nosara Civic Association 2013–2015, prepared this document in
English with the assistance of many concerned Nosara residents and Costa Rican experts.
41
National Trust for Historic Preservation, Washington: The Preservation Press, 1993.
ALVIN ROBERT ROSENBAUM
APDO 31-5233 Guanacaste, Nicoya, Nosara 50206-Costa Rica.
[email protected] T: +506 8316 4880
QUALIFICATIONS
REGIONAL PLANNER for sustainable development and destination management, community
mobilization, asset auditing, business development services, local governance, new media
technologies, policy reform, social enterprise, SME and government capacity building,
monitoring and evaluation.
As a planning consultant, maintains skills in strategy, organizational development, survey
research, negotiation, conflict resolution and collaborative solutions.
U.S. citizen, resident of Costa Rica, working the past two decades in Africa, the Middle East, SE
Asia, Europe, Latin America and the United States for the US National Park Service, US Agency
for International Development and the World Bank.
The Africa Travel Association recognized Alvin Rosenbaum in 2010 for “Outstanding
Achievement in Development of Responsible Tourism on the Continent.”
PROJECT HIGHLIGHTS 2000–2014
President, Nosara Civic Association (NCA). NCA is a 40-year old NGO dedicated to
sustainability of Playas de Nosara, a community on the Nicoya Peninsula on the northwest coast
of Costa Rica. 2013–2014. Managing director, Model Nosara.
Senior Advisor, USAID, Sibley International, Armenia. Development of Hospitality
Management Certification Programme, American University of Armenia. 2012.
Senior Research Scholar, international Institute of Tourism Studies, School of
Business, The George Washington, University. 2000–Current. Recent publication,
Chapter 17: “Experiential Marketing–Destination Cross River”, in Strategic Marketing in
Tourism Services, Rodoula H. Tsiotsou, and Robald Goldstein, eds. London: Emerald Group
Publishing, May 2012.
Consultant, New Mind E-Tourism Solutions, Liverpool, UK. Business development
services advisor creating a global network of tourism technology consultants. 2011–2012.
Senior Fellow in Residence, Pyxera Global, Washington, D.C. Advised NGO relating to
SME capacity-building, CSR, hospitality and tourism and information technology. 2007–2011.
Team Leader, Cross River State Supply Chain Development Programme, Nigeria,
The World Bank. Pyxera Global. Led a Pyxera Global team for tourism value chain analysis,
import substitution, leadership development, capacity building, marketing and distribution.
Conducted extensive research to identify partner organizations and businesses, obtain
commitments through strategic planning, formed stakeholder group, created performance
assistance and incentive packages, implemented and evaluated solutions. 2008–2011.
Senior Advisor, West Bank/Gaza, USAID/EDIP, CARANA Corporation. Strategic
planning and project design. Provided assistance for urban development project at Bethlehem for
the Palestinian Authority. 2008–2009.
Senior Advisor, USAID Cluster Competitiveness Activity, Bosnia-Herzegovina. J.E.
Austin/Emerging Markets Group Value chain analysis; linkages to EU generating markets;
DFI enabling environment and other projects. Management planning for Počitelj World Heritage
nomination in Herzegovina and other projects. 2006–2007.
Consultant, USAID Global Sustainable Tourism Alliance. Developed original concept
paper, organizational framework, and recruitment of principals for USAID-EGAT resulting in a
$50 million Leader with Associates (LWA) Cooperative Agreement. 2006.
Team Leader, Southern Africa Global Competitiveness Hub, Trade Competitiveness
Project. CARANA International, USAID, Gaborone, Botswana. Trade Competitiveness
Project requested tourism potential under AGOA Section 10. Consultant organized early stage
regional stakeholder colloquy and strategy under Southern Africa Development Council. 2005.
Senior Advisor, Ancient Babylon Mitigation, Iraq Local Governance Program II.
RTI International/Chemonics, USAID/CPA, South Central Iraq. Provided technical
assistance to Babil Governorate stakeholders including Polish military command at Camp
Babylon and Hillah Chamber of Commerce. 2004.
Trainer, Tourism Workshops, National Tourism Strategy, USAID/AMIR, Amman,
Jordan. Provided training to Jordanian Tour Operators Association, Work included discussions
and an assessment of bilateral and multi-lateral cross-border cooperation for historical and
religious tour operations with Jordan, Israel, Syria and Iraq. 2004.
Principal Investigator, strategic plan and feasibility study, National Park Service,
Muscle Shoals National Heritage Area. The plan for Muscle Shoals was accepted and
designated a National Heritage Area by President Barack Obama in 2009. See testimony before
Congress at bulk.resource.org/gpo.gov/hearings/107h/77545.pdf. 1993–2009.
Senior Advisor, Competitive Analysis, Nathan Associates, USAID/Sri Lanka
Tourism Board. Preparation of Sri Lanka National Domestic Tourism Plan; development and
training for Sri Lanka Tourism Satellite Accounting System for Sri Lankan government; domestic
tourism workshops in six provinces and other projects. 2002–2003
Consultant, Constitution Hill Feasibility Study and Business Plan, Blue IQ
Development Corporation, Johannesburg, South Africa. International tourism
development plan for site of South Africa’s Constitutional Court, apartheid museum, retail and
housing complex. 2002.
Senior Advisor, Bulgaria Competiveness Project, USAID/ Bulgaria. Preparation of
competitive analysis and cluster plan for tourism in western Bulgaria. J. E. Austin Associates.
Trainer, U.S. State Department, Office of International Information Programs,
Yerevan, Armenia. Developed and conducted a training program for Armenian tour operators.
2001.
Consultant, DMZ Peace Park and Heritage Corridor, Korea. Co-author, “The Case for an
Ecotourism Peace Park and Cultural Heritage Corridor in the Korean Demilitarized Zone,” with
Dr. Ginger Smith, in Ecotourism: Management and Assessment, London: Thomson Learning,
2004.
Lecturer, Brazil Fulbright Commission and IPHAN. Cultural heritage seminars in
Brasilia, Belo Horizonte, and Salvador; mentoring Brazilian Fulbright Fellows, The George
Washington University. 2000 and 2004.
United States Representative, Cultural Tourism Scientific Committee, International
Council on Monuments and Sites. 1999–2006.
Commissioner, State of Maryland Heritage Areas Authority. Governor’s appointee,
founding board. 1996–2003.
CEO, National Center for Heritage Development, including National Coalition of
Heritage Areas and American Heritage Rivers Alliance. 1994–1998.
Strategy Consultant, Westsylvania Heritage Corporation, a federal commission under
the National Park Service. Engaged from 1993–2003.
CEO, The Rosenbaum Group, Inc. consulting practice. Founder, owner and managing director.
PUBLISHER, Sự Sốn Mới (New Life) for SE Asian Refugees; Synergist, National Center for Service
Learning; Innovations, National Institute for Mental Health; Amerika (Russian and Polish), USIA,
1972– 82; others. Consultant, USIS, Germany, 1977; Agency for International Development,
Panama Canal Treaties, Panama, 1978–79; Riotur, State of Rio de Janeiro, Brazil (tourism), 1986;
Consultant to 65 federal agencies and more than 100 NGOs for strategic communications, press and
media relations, publications and meetings. 1971–1998. Get-out-the-vote Campaigns, McGovern
1972, Carter 1976; assistant convention manager, Democratic National Convention and White
House press advance 1980; program manager, $7.6 million “Mondale Home Parties” program,
1984. Numerous congressional, political action, campaign and Democratic Party projects. National
Democratic Party official observer, Socialist International Summit, Lima, Peru 1986.
Vice president, David L. Hackett Associates and Hackett Housing Systems, Inc.
Washington, D.C. Consultant, community development and low-cost housing projects in
inner-city communities in Appalachia and the Southwest in partnership with NGOs (e.g. Urban
League, Southwest Council of La Raza, Americans for Indian Opportunity, Alaska Federation of
Natives), 1968–1970.
Urban planner, City of Poughkeepsie, New York. Served as a community organizer and an
advocate planner for the Model Cities Program. Participated on a pioneering GIS mapping
project team with IBM and Policy Management Systems. 1967–1968.
PROFESSIONAL CREDENTIALS
Frank Lloyd Wright Fellowship in Architecture, Scottsdale, Arizona, 1965. A.B., art history, Bard
College, Annandale-on-Hudson, New York, 1968. Senior Research Associate, Center for
Architectural Design and Research, University of Maryland School of Architecture, 1993–96.
AICP, American Institute of Certified Planners, 1997. ASLA, American Society of Landscape
Architects, 1998. Fulbright Lecturer, Brazil Fulbright Commission, 2000, 2004. Senior Research
Scholar, School of Business, The George Washington University, 2000–Current.
M&E Results Chain Workshop, Abuja, Sept 2009, Donors Committee for Enterprise
Development. Negotiation Strategies, Jan 2011, Arlington, American Management Association.
Conflict Management, Mar 2011, Arlington, American Management Association.
AFFILIATIONS
Member, Cosmos Club (1994–2014), Washington, DC; Society for International Development;
American Institute of Certified Planners; International Federation for Technology and Travel &
Tourism; American Planning Association. Executive vice president (1992–2002), Chesapeake &
Potomac Regional Alliance; director, The Waterford Foundation (1995–98); president, National
Coalition of Heritage Areas (1995–96); president and CEO, National Center for Heritage
Development (1996–98); president, American Heritage Rivers Alliance, Inc. (1998–99).
Organizing member, Partners in Tourism: Culture and Commerce (1994–98); founding treasurer
and national advisor, Center for National Policy, (1977–2002). Past memberships: The
Committee of 100 of the Federal City; Lambda Alpha International Honorary Land Economics
Society; American Association of Museums; Taliesin Fellows.
AUTHOR—SELECTED ARTICLES AND BOOKS
“Open Letter,” A Portrait of Economic Realities in Nosara and Sámara: Providing Tools for
Sustainable Development, Martha Honey, Jannelle Wilkins, eds., Washington, DC: Center for
Responsible Travel, 2014.
Blogger, Voice of Guanacaste, 2013–2014.
“Destination Cross River,” Chapter 17 in Strategic Marketing in Tourism Services, Rodoula H.
Tsiotsou, and Robald Goldstein, eds. London: Emerald Group Publishing, May 2012.
“Tourism Employment & Opportunity (TEMPO), Conference Abstracts/ENTER2011: Case
Studies, International Federation of Tourism Technology, Innsbruck, Austria, e-Review of
Tourism Research.
“Tarzan in Post-colonial Africa,” Planeta Forum, January, 2008,
http://www.planeta.com/planeta/08/0802africa.html
“Actors in Their Own Lives”, Planeta Forum, September 2007,
http://www.planeta.com/planeta/07/0710actors.html
“The End of Tourism as We Know It,” Planeta Forum, May 2007,
http://www.planeta.com/planeta/07/0706endoftourism.html
“Crossing the Eco-Cultural Divide”, Planeta Forum, November 2006,
http://www.planeta.com/planeta/06/0611ecocultural.html
“Tennessee Valley Authority” in First, Second and Third Industrial Revolutions, An
Encyclopedia, Cynthia Clark Northrup, ed., Armonk, N.Y.: M. E. Sharpe, 2005.
“The Case for an Ecotourism Peace Park and Cultural Heritage Corridor in the Korean
Demilitarized Zone”, with Dr. Ginger Smith, in D. Diamantis and S. Geldenhuys, Ecotourism:
Management and Assessment, London: Continuum International, 2004.
“Communication Out of Character: Technology Trends in Heritage Development”, Technology
Impact on Cultural Tourism Proceedings, Istanbul: Bogaziçi University, January 2001.
The Complete Home Office: Planning Your Work Space for Maximum Efficiency: New York:
Viking Penguin, 1995.
Works in Progress, San Francisco: Pomegranate Artbooks, 1994; 2nd ed., 1998.
Usonia, Washington: Preservation Press, 1993. Regional planning and architecture in the 1930s.
White House Christmas, Washington: The Preservation Press, 1992.
ADDITIONAL PAST EXPERIENCE
Eagle Scout, 1957; Tenth World Jamboree, Manila, Philippines and World Tour, 1959, Boy Scouts
of America.
YOUTH SERVICES CONSULTANT. 1968–1984: Outreach Consultant, RFK Memorial, The
Youth Project, Youth Policy Institute, Youth Projects, National Endowment for the Humanities,
ACTION agency, US Department of Education, others. Consultant, Automated Jobs System,
Opportunities Industrialization Centers, Volunteers in Service to America, Peace Corps.
Chairman, Youth Communications, Inc. AUTHOR, Young Peoples Yellow Pages (Putnam);
EDITOR, Fast Track Series for Youth Employment (Putnam). PUBLISHER, Synergist, National
Center for Service Learning, Sự Sốn Mới (newspaper for SE Asia refugees), others.
URBAN & REGIONAL PLANNER, 1968–2012: City of Poughkeepsie, advocate planner for Model
Cities Program; Participated on an pioneering GIS mapping project team with IBM and Policy
Management Systems, Poughkeepsie, 1968–69. Publisher, writer/designer for outreach
programs for US government agencies and other client organizations and firms, 1971– 98.
Conference planner, National Endowment for the Humanities, 1979–82; “Muscle Shoals
Reconsidered,” Tennessee Valley Authority, 1991–93 and follow-up conference, 2001–02.
Author, America’s Meeting Places, Facts on File Publications, 1985; Trademarks, Logos,
Stationery Systems, and Corporate Identity USA, Graphic-sha Publishing Company, Tokyo,
1994. “Soviet Mythmaking,” Wall Street Journal, September 14, 1978; others.
NEW MEDIA AND ARTS New Communications Group, Inc. partnership with Leo Castelli
Gallery, WGBH- Boston, 1970–71. Castelli/Sonnebend Books, Film & Tapes, 1971–74.
Redtree/Sundell, New York, 1980. Collaboration with curators Walter Hopps and Renato
“Photography Now,” one-man show, Corcoran Galley of Art-Dupont Center, November 1968.
Group shows, including: “Visions and Expressions,” George Eastman House, 1969; “Washington
Artists,” Yale Art Center, 1970; “American Artists,” U.S. Pavilion, World’s Fair, Osaka, Japan,
1970; “Twenty Washington Artists,” Corcoran Gallery of Art and USIA tour, 1971; “Workshop
Artists,” Baltimore Museum of Art and Library of Congress, 1971; “Washington Artists,” National
Collection of Fine Arts, 1972; “19th Area Exhibition,” Corcoran Gallery of Art, 1975.
PERMANENT COLLECTIONS: Smithsonian American Art Museum, The Washington Post
Company, Corcoran Gallery of Art, George Eastman House, United States State Department.
PORTFOLIOS PUBLISHED: Popular Photography Annual, 1968; Contemporary Photography,
New York: Horizon Press, 1970; Southern Exposure, Summer, 1974.
RECOGNITION
Appointed by President Carter to the President’s Committee on the Arts, John F. Kennedy Center
for the Performing Arts, 1980–81. “Sand Mountain Project”, Alabama Committee on the
Humanities and Public Policy, 1974–76. 1996 Finalist–Heritage Tourism (The Rosenbaum Group
new technology team) Travel Industry Odyssey Award. PROFILES: Adweek, July 4, 1988;
Washington Business Journal, June 20, 1988; “People to Watch,” Washingtonian, June 1984;
“Veterans of the Civil Rights Movement” (http://www.crmvet.org/); Who’s Who in America
(52nd–55th editions).
73

Model Nosara™ - The Voice of Guanacaste

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