COMMENTARY
Working to protect Oahu's country
By Bill Paty
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Most Hawai'i residents are by now aware of the opportunity announced by Gov. Linda Lingle during her State of the State address to protect the Turtle Bay Resort on O'ahu's North Shore and preserve this spectacular coastline in perpetuity.
The vision is that the state, in collaboration with private, public and nonprofit partners, find a creative approach to protecting the makai and mauka lands — from Kahuku Point to Kawela Bay. Collectively, it totals nearly 1,300 acres, which are currently for sale by the owners and subject to a foreclosure action.
The governor asserted, and correctly so in my view, that "far too long and too often, important pieces of rural Hawai'i have been sold to the highest bidder and then developed into something that forever changed the essence and character of the entire area." As a community, regardless of whether we live in the city or country, on O'ahu or one of the other islands, we owe it to Hawai'i's future generations to preserve special places like the Turtle Bay property.
The Ko'olauloa and North Shore communities have long been unified in their opposition to the proposed expansion of the resort, which included five more hotels and more than a thousand new condominium units. Understanding this community concern and also seeing the positive results from voluntary conservation acquisitions such as at Waimea Bay and Pupukea-Paumalu, the proposal to acquire and preserve this North Shore property is an opportunity to break a deadlock that threatened both the environment and hundreds of residents' jobs.
From the beginning, it was intended that the community's vision would guide the approach. At a "talk story" at Kahuku High School, more than 500 residents shared their comments and ideas. A 17-member Turtle Bay Advisory Working Group composed of business, government, non-profit, union and community leaders was soon formed to help find the way and means to accomplish this important goal that will benefit our entire state. I am privileged to serve as the chairman for that group.
At the working group's first meeting, the following two goals were articulated as the guiding principles for the committee:
This approach seeks to minimize the use of state funding and maximize other sources, such as federal funds and private contributions. Indeed, to achieve this goal, the state need not actually buy or hold title to much or any of the lands.
Creative new tools for voluntary land conservation, such as conservation easements that lock in public access and protection for cultural and natural resources in perpetuity, can be used to protect public rights, even if the property remains in private ownership. The state also, for example, might hold title temporarily, until the complex transaction is worked out with full protection for the public interest.
The working group has worked very hard and, after seven meetings that were open to the public, the last held this past Wednesday, I am happy to report that significant progress is being made toward accomplishing these goals.
The state Legislature stepped up to the plate and strongly supported the governor's initiative by providing a broader range of tools for negotiation and, if necessary, acquisition.
Issues of how to sustain the resort's economic viability and maintain a strong workforce are the subject of a special committee of the working group and will remain paramount throughout all negotiations.
The working group also has developed an acquisition strategy and protocols that ensure an open and fair process for the owner, the state and the community. Although details of our negotiation are confidential, I can report that our Acquisition Options Committee is meeting with several potential buyers, who are actively involved in due diligence and proposing only modest increased building density, or none at all, as part of their business models.
These potential U.S. and international buyers that have approached the state would buy the hotel and golf courses, which is in line with our view that a private owner — not the state — would continue to own and operate the resort.
The condominium associations on the resort have provided a roadmap on how to successfully reach agreement on a lease-to-fee conversion of their lands, potentially bringing many millions of dollars to the negotiations. In addition, sources besides state funds, both public and private, are being identified.
Given current market conditions, the working group is highly motivated to move forward expeditiously on the negotiations to ensure that the lands are protected for the public with minimal or no cost to the state. The announcement last week that a Hawai'i representative, Stanford Carr, has come on board as the new manager for the resort is most welcome news and should streamline future discussions with the owner. Together, we are encouraged that we will find a solution that achieves the governor's and community's vision — protecting five miles of Hawai'i's unique wild coastline and sustaining our local economy.
We welcome your support and comments on our efforts. You can keep in touch with the progress of the Turtle Bay Advisory Working Group on the Internet by going to www.hawaii.gov/gov/turtlebay.
The community's continued input and active involvement in this important process is vital to making the dream of preserving the North Shore for future generations a reality.
Bill Paty is chairman of the Turtle Bay Advisory Working Group and served as chairman of the Board of Land and Natural Resources from 1987 to 1992. He wrote this commentary for The Advertiser.
