The mission of the Nosara Civic Association is to preserve the total environment of the Beaches of Nosara by protecting against improper use of its assets, careless pollution and irresponsible development. The NCA promotes an understanding of the environment and careful community development through advocacy, conflict resolution and dissemination of information.
Presidential Report for the NCA AGM 20 January 2009
Vice-president Randy Bombard resigned from the board for personal reasons in July 2008.
In December of 2004, Richmond Phipps filed a criminal suit against 10 individuals for fraud against the National Registry and put penal liens on seven of our parklands as well as 38 privately owned properties. After years of hearings and trial, the court finally ruled that Richmond Phipps had no claim to any of the 45 properties. The liens, which had been put on in 2005, have been removed from all the NCA property except one. The attorney is working on its removal. Phipps still physically claiming properties by putting a gate and guard on a public right-of-way. The municipality has removed it various times, but she keeps putting it up. She is also if preventing workers from entering 4 different Parklands in the NCA name.
All of the NCA’s 21 parklands, a total of 80+ hectares, have been put into Red Costarricense de Reservas Naturales. This is an international Private Reserve organization which further protects our Parklands. It has national and international reorganization and support groups. Next step may be to inscribe these into National Reserves.
The surveying of the parklands is almost complete and the process of encroachments by private owners has just started.
There needs to be a working committee for Parkland management.
Beach Protection/MINAET: (environment and energy ministry now includes telecommunications)
continues to fail in its responsibility for protecting the refuge. The NCA again paid for closure of beach accesses with rocks. It has now been over two years since the Defensoria de Los Habitantes, the environmental prosecutor of Costa Rica and the head of MINAET came to do an inspection of the Refuge. Most recently they were here again in December, but did not address the issues of continued construction, without permits, and the fact that there can be no private properties within a State Refuge. The government must expropriate owners with title or change the law. The local head of the environmental agency is trying to create a “ley especiale”. The Tribunal Ambiental was informed of the need to obligate MINAET to expropriate titled lands.
Criminal charges may be brought against the head of ACT (Area Conservacion Tempisque) following an investigation of his actions or lack there of.
The national survey institute has completed its identification of the 50 meter line and has established the 200 meter line but only on paper. Few of the official “mojones” (markers) have been put in place.
The municipal engineer granted a building permit to Terry Lewis within the 200 meter zone and the head of ACT did not oppose this. The permit has been annulled.
Fraser: In 2005, John sued then president of the NCA, Bobbi, for usurpation, a felony, and for ¢23,000,000 in damages for lost business because the NCA removed his directional signs which were on NCA property. The first hearing last year was postponed because there was no court appointed translator. Three & a half years later, the hearing will be on Jan 26.
Bomba-still not selling gas, but is changing oil and selling products without the proper operating permits. A disobedience violation has been filed in the Supreme Court against SETENA (the environmental impact people) because it is ignoring the confirmation of the existence of the wetland and granted the environmental viability to the project. .
The owners of the bomba are now asking for the approval of the department of hydrocarbons of MINAET. Advisements of the existence of a wetland and the water pollution danger were filed.
The battle as to whether or not the area is a filled wetland, or not, has gone back and forth between experts continues. The minister of MINAET was asked to clarify the issue, but avoided it in his reply. Our Bomba attorney is preparing a complaint in the administrative court for trail against the minister for not responding properly.
On Sept 2, the Constitutional Court ordered SETENA, the Ministry of Health and the Municipality of Nicoya to annul permits since they were conceded under irregular legal conditions.
An administrative complaint was filed by the NCA against AyA for verbally ordering the installation of water for construction within the Ostional Refuge. The same action may be necessary to file against the ASADA for issuing a letter of constancia (water is available) without a written directive from AyA. (No permits can be granted without this letter.)
A Recurso de Amparo is being filed against the engineer of Nicoya for granted building permits within the Refuge.
In May of last year Amigos de Nosara’s shareholders choose to dissolve the corporation and return its assets to the community. (Amigos is the S.A. which was formed years ago to receive properties as a result of a lawsuit against the original developer. The NCA was not able to receive lands at that time. The intention of Amigos was to benefit the community. Amigos is who donated the Parklands to the NCA in 2004.) Over the years, many of the building lots were sold and much of the income went towards improving the infrastructure of our water system. Beneficiaries of Amigos generosity, once they are legitimate entities, are:
Nosara Civic Association-to receive the water building and lot
Recycling Committee (Asociacion Desechos de Nosara)
Nosara Animal Care
Asociacion Desarrollo Integral de Esperanza
Asociacion Desarrollo Nosara
Biblioteca David Kitson
The remaining building lots will be sold to finance these worthwhile projects.
The NCA is still unable to hold properties so a legal solution has to be found. Either a new association or company must be established to “own” these lands or the changing of our by-laws.
Much effort went into the effort to resurrect ALDETUS, the committee working on the Regulatory Plan, but to no avail. We will now have to return to the mayor of Nicoya for assistance, since it is the municipality’s responsibility for a regulatory plan.
There is a development south of the “project” and some of the properties in this area have title to lands in the Ostional Refuge. AyA verbally told the ASADA that all citizens have the right to water and that a meter should be put in outside the 200 meter zone. Building within a “State” refuge isn’t AyA’s problem.
One of the properties, Nosaraland, received a building permit from the municipality of Nicoya, disregarding a letter from it’s own environmental department and one from the national surveyors (Catastro) specifically identifying the property within the Refuge.
As always, there is a need for conservation of water. Watering plants for more than 15 minutes at a time does no good. The roots are shallow so any more than that is a waste of water. It is best to water in the early morning or late afternoon, to avoid the sun. The watering of roads is a waste of valuable resource.
The paving of the main road to Nosara (Route 160) is currently to be started in November of this year. The government is going to expropriate property owners to widen and straighten the road. This could take some more time.
The municipality of Nicoya is responsible for all of our secondary roads. This year the low road to Playa Pelada and the road through Arenales were nicely grated. Partially as a result of pressure put on the mayor to use the monies received from the community of Nosara for its benefit. Nosara is the 2nd highest property tax payer contributor in the canton.
MINAET: (environment and energy ministry now includes telecommunications):
It has now been over two years since the Defensoria de Los Habitantes, the environmental prosecutor of Costa Rica and the head of MINAET came to do an inspection of the Refuge. Most recently they were here again in December, but did not address the issues of continued construction, without permits, and the fact that there can be no private properties within a State Refuge. The government must expropriate owners with title or change the law. The local head of the environmental agency is trying to create a “ley especiale”.
This is the commission of neighbors of the Ostional Refuge who have been working on a regulatory plan for the refuge for at least the past 10 years. In June 2008 this group became a legal entity which means it should have more powers to create this plan. But there has not been a meeting of this group since last May.
Emergency evacuation alert:
The Emergency Commission (CNE), locally and nationally have been working on the installation of an alert siren and evacuation plans in case of Tsunami, earthquake or fire.
In case you weren’t here, on January 2 the dump caught on fire. No one knows the cause. The fire department of Nicoya arrived at the location a week later. (They said that the small truck was sent because the roads are so bad and that the foreign community has halted the paving of the road.) Hundreds of thousands of colones were spent to smoother the burning trash. It is feared that the dump may be closed.
The world economic situation is adversely affecting the prices for recyclable goods and therefore the responsibility of the corporations responsible for the products in their pick-up. Prices are less than half.
There is a company trying to work with the municipality of Nicoya, who is responsible for our garbage, to set up a waste processing plant to service Samara and Nosara. Asociacion Desechos de Nosara has been in contact with representatives of this company. Nicoya has not been quite so receptive.
Aviación Civil spent almost a million dollars to repave and fence the runway, which was closed for 3 months.
Improved relations with the local town associations so we can work together to achieve our common goals.
* Working together with MOPT and CONAVI for the paving of the main road
* Addressing the garbage problems which exist
1-Identification of ownership of dump site
2- Helping the trash collection company get legalized
3- Promoting “reducing, reusing and recycling”
* Emergency plan evacuation plan
* Pressuring the municipality of Nicoya to take more responsibility to a major tax group.
The closing of access to beaches with rocks.
The gas station is still not operational.
* Registered with Red Costarricense de Reservas Naturales
* Surveyed and better identified
* Titles cleared
* Rondas chopped
1-Forming a working committee for management
2- Working on a plan for nature walks within the Parklands in conjunction with various hotels, biologist and botanists.
3- People donated monies to the Parklands years ago and in return the were to be named as the donators chose.
This will be done.
NCA topographic map with business members on the website and available for sale.
Continued support for police, schools, clinic, Red Cross and other community/humanitarian needs.
The NCA will continue with its mandate to preserve and protect the environment and promote education through dissemination of information and working with the schools for educational programs:
* Supporting the cleaning up of the dump
* Promoting education for garbage handling.
* Helping Microscan becoming a legal trash collection entity with permits from Nicoya.
* Continued investigation of ownership of the dump property.
1-Continuing the legal process of possible Parkland encroachments.
2- Identifying trees in the Parklands to possibly put in nature trails.
* Push, along with other communities, to pave the main road.
* Further pressure the municipality for our just portion of taxes paid.
* Work on a Regulatory Plan with Nicoya.
* Continue to protect private properties, as much as able.
* Continue to protect the Refuge and work to secure a Management Plan for it.
* Improve relationship with realtors to receive owner information to increase owner participation in the community.