Thursday, April 7, 2005

Local/National News


Guana Cay adversaries talk while not talking in Hope Town

By RICHARD E. FAWKES

In what is known in the world of diplomacy as "back-channelling," representatives of Discovery Land's Passerine Development on Great Guana Cay and its main opponent, the Save Guana Cay Reef (SGCR) Association, engaged in what may be called a dance of detente — speaking to a mutual third party, the Hope Town District Council, on ostensibly neutral ground, Elbow Cay, in each other's presence while struggling to maintain the fiction of not talking directly to each other.

Rapprochement, or at least the beginning of open dialogue, seemed if only a glimmer at the end of the extraordinary session that lasted almost two hours in the council's office yesterday afternoon.

On the legal front, SGCR obtained permission from the Supreme Court on Tuesday to seek judicial review of its application to challenge the legal right of members of the government, including Prime Minister Christie, to have signed the heads of agreement on the $500 million Guana Cay project.

The meeting ended with Fred Smith, attorney for SGCR, and Steve Adelson, a partner and principal in Discovery Land Company, main shareholder of Passerine, both claiming to have extended the olive branch to the other over the issue of not making any moves, such as putting bulldozers into action, without first obtaining the appropriate permits, and Mr. Smith not seeking injunctions. Mr. Smith also requested of the council copies of any permit applications from Passerine, to which SGCR could respond, to which Chief Councillor Walter Sweeting and Administrator Revis Rolle agreed.

In opening the meeting, Mr. Rolle, senior administrator for Central Abaco who serves as district councils' legal secretary, acknowledged the presence of representatives from both entities and explained that the principals of the Baker's Bay (Passerine) Project would make a presentation, followed by a response from SGCR.

"It is not a presentation for the purpose of pursuing any application that is before the council," Mr. Smith interrupted Mr. Rolle to explain his understanding of the nature of the meeting. "This is just an introduction of their development and, I suppose, a get-to-know meeting between the developers and the council. So we'd be very pleased after the developers to have a few words, but we're not responding to any application. We have no notice of any application that's before the council. We don't want this meeting or our participation in it to be viewed as a hearing on any application, or indeed that this is any public consultation with the residents of Guana Cay ... except the developers recognize that the council is an important stakeholder as to whether or not development should occur in Abaco, in particular Guana Cay. I suppose this is their opportunity to have a discussion or introductory meeting with council, but I am not aware that we're responding to anything."

To which Mr. Rolle responded, "But you're exactly right."

For his part, Steve Adelson, who introduced himself as a partner and principal in Discovery Land Company, the main shareholder in the Passerine Project, said, "This is an update meeting, because we have presented to this council in the past. This is to update them on the latest plans, and see if there is any technical side that you want to discuss."

Mr. Adelson and his associate Ed Divita, with the aid of a chart, explained to the council that, in an effort to further minimize any environmental damage to Great Guana Cay, which they describe as an already "low density project," they have scaled back the marina from 240 to 180 slips; will use a grade for runoff on the golf-course which will bring any flow back to the centre for recycling, instead of seaward and thus to the reef; and will establish a perimeter of 30 to 50 feet from the beach for the construction of homes, thereby leaving more shoreline protection space than is required by Bahamian law.

Mr. Adelson said his company will not be able to purchase the Treasury land it had sought, but will have to lease instead, the terms of which had not yet been worked out.

Mr. Smith said the lease was a way of getting around public disclosure by the government of the sale of public land as, "Crown Land sale must be presented to Parliament, but Crown Land lease, under the Finance Act does not."

Mr. Smith, who was accompanied to the meeting by SGCR co-chair Troy Albury, member Erin Lowe and other Guana Cay residents, said his fight was more with the Prime Minister than with the developers.

"The Prime Minister does not run the country," he said, "the law does."

"What has particularly caused us grief and caused us rebellion, if you will," Mr. Smith said in explaining SGCR's stance that proper consultations with the local community did not take place, "by the Guana Cay residents and landowners, not only the Bahamians but other residents, is the fact that your own EIA (Environmental Impact Assessment) spends pages discussing the necessity to undertake credible and constructive and legitimate dialogue with people like the residents of Guana Cay, the stakeholders ... and what we find most distasteful, as Bahamians in our country ... is that you appear to be riding roughshod over us."

He also said he will hold the developer to follow the legal requirements of seeking the appropriate development permits through the local district council.

The developers said they have already hired over 30 Bahamians, including a boat captain and an office manager, and have established an office on the Front Street in Marsh Harbour.

American Bridge, the U.S. construction firm that built Disney Castaway and the Marsh Harbour Port, and the St.George Riviere survey company, a local entity, have also been contracted to work on the project.

MAKING A POINT — Fred Smith (gesturing), attorney for SGCR, makes a point yesterday to the Hope Town District Council about the Passerine Development. At left is Gaetano Bonamy, Passerine's local architect; Troy Albury, co-chair of SGCR; to Mr. Smith's left, Glenn Laing, Guana Cay's representative on the council; Jeff Key, deputy district councillor.

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© 2004 The Freeport News