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Claim #775 of 2009 ACCSD vs Dave Mitchell and Grand Belizean Estates

Claim #775 was back before Hon Justice Hafiz in Belize's Supreme Court last Friday morning.
The Claim is for
a) An injunction to restrain the defendants from unlawfully cutting mangrove, dredging, mining or building a road without specific lawful permission.
b) Causing significant environmental harm to the area without the properly issued permit from the duly authorized lawful authority.
c) Damages for unlawful interference with the use and enjoyment of property with the public domain
The defendant's legal representative asked for the claim to be rejected citing that they had been engaged by the San Pedro Town board to build the road and had discontinued construction of the road.
The defendants did not provide any documentation showing permits or legal authority for constructing the road.
As a result of the defendant including the San Pedro Town board in the reasons for rejecting the claim, the Hon Justice ruled that the SPTB be joined in the action as a party to the Claim.
The Claim is ongoing.
The ACCSD's stance from the beginning has been that the road and all other developments must be built according to the laws of the country of Belize so that development continues in a sustainable way.

The ACCSD believes it is working in the best interests of all island residents especially those who own lots in the Colonial San Diego and Ambergris Bay area. A road constructed without plans or adhering to the Ministry of Works and Department of the Environment guidelines and permits will not be the best road possible for the residents, the island or the environment and will likely be impassible within a very short time.
On behalf of the ACCSD Sharon Pitts suggested that the three groups meet as soon as possible to start to consider a resolution of the matter in compliance with the laws of Belize. This was agreed to by Nigel E Banks lawyer for the defense.

ACCSD committee

The Mata Grande Road Project does have to be built according to the laws of the country of Belize. The best interests of all those who own lots in the Colonia San Diego Subdivisions (Phase I & II), as well as Ambergris Bay Subdivision, and Grand Belizean Estates is to have road access provided in accordance with the laws of the country of Belize. The road project does need to adhere to the Ministry of Works and Department of the Environment guidelines and permits. The San Pedro Town Council has followed the proper process and procedure of obtaining the necessary permits from the Department of the Environment, the Geology & Petroleum Department (Ministry of Natural Resources and the Environment) as well as the necessary mangrove alteration permit from the Forest Department (Ministry of Natural Resources and the Environment). This affords a resolution of the matter in compliance with the laws of Belize.

What has become the most often-quoted definition of sustainable development is development that "meets the needs of the present without compromising the ability of future generations to meet their own needs." Based on that definition, and with the proper permits and governmental approvals in place, the Mata Grande Road Project passes the litmus test for sustainable development, as well as being in harmony with the best interests of those who own property and will be afforded access to these subdivisions.

Got caught in July trying to sneak it in before anyone noticed and lied about everything being permitted.
Its still a screwy Idea and its way not over.
Its insulting to everyone that lives on this part of the island to read in the paper our Mayor saying anything about fundamental rights to have access to ones property by road when we have lived here for decades with out one. What a crock of *&%$.

This letter affirms that the road project is a San Pedro Town Council project as clearly evidenced. "Got caught" abiding by the request of the San Pedro Town Council to assist them with their road construction??? How very sneaky indeed. Next thing you know the San Pedro Town Council will ask for businesses, resorts and property owners to make donations to pay for road grading north of the bridge to Mata Grande, and maybe a number of people will "get caught" helping to support road infrastructure projects.

What is insulting to the intelligence of all those on this message board, is the notion that because you, or anyone else, "have lived here for decades with out one" (road access to your property ?), then two wrongs will make a right and others should be denied road access as well? Come on. As has been hashed out numerous times already, development in decades past was historically on the sea front as you go up and down the coast. The economic barrier to entry is such that fewer and fewer people can afford beach front property values. When all development and improved properties outside of town were on the coast, boat access was the norm, and for the most part the only access.

I agree with the Mayor that people should have a fundamental right to have access to one's property, and if that property is off the waterfront, then by necessity it would have to be by road. 2nd row, 3rd row, and 4th row lots are one thing, but Colonia San Diego Phase II at its closest, is over 1/4 mile from the Caribbean Sea. Are you going to argue against property owners being provided a fundamental right to access their property? No one is saying that the Town Council has a fundamental obligation to pay the cost to build the road. A fundamental right can not be addressed, as was the case for years with the SPTC not having funds necessary to build this road, and yet that does not eliminate it as being a fundamental right.

This is a San Pedro Town Council road project.
It is being funded through generous donations of $4,000 BZ from the sale of each lot sold in Grand Belizean Estates Subdivision.
The amount of donations pledged is in excess of the cost to build the approved road project.
The San Pedro Town Council can, and will, use the additional donated funds as they see fit, to address infrastructure needs in and around San Pedro Town.
As the mayor stated, this road project benefits not only those property owners in Grand Belizean Estates Subdivision, but all those property owners in Ambergris Bay, and Colonia San Diego.
The Town Council has current and valid permits from Dept. of Environment, Forest Dept., and Geology and Petroleum Dept.

This letter shows clearly that any requested injunction should have been addressed and served upon the San Pedro Town Council, and not Dave Mitchell and GBE, and that it was, and still is disingenuous to try to serve an injunction on the subdivision and its developer for what you have correctly identified as a Town Council road project.

To Juan Grande
Using your logic does it not seem reasonable that the town should repair and maintain the roads already built and designated as roads. Should not the many people who already live on these roads/streets be able to get to their homes without wading through nasty muddy waters (I will not even dignify them by calling them mud puddles). The streets are flooded every time it rains.

Also, keep in mind that the "cart path" from the bridge to this new "road" is not usable and the town refuses to take responsibility for fixing it.

How about the election promise to pave from the round-about to the bridge? The town does grade it periodically but it is mostly like a hill full of moguls.

Reasons given are "There is no money for road repair." So you might say "They will be getting money from Mitchell's project."
But then what? Will it deteriorate like all the other roads? So what will be gained?

All this destruction feels like selling the soul of the island.

ScubaLdy
I wholeheartedly agree that it would be in the best interests of all residents for the town to repair and maintain the roads already built and designated as roads. And likewise the many people who already live on these roads/streets should be able to get to their homes without wading through nasty muddy waters. It was only a few short years ago that cycling down Front Street after a heavy rain was like trying to ski through a mogul field because the pot holes were so bad.

I remember just how many expats here on teh island could be heard lamenting that with the roads being paved with cobblestones, San Pedro would lose its charm and the packed sand (mud) roads of yesteryear would be sorely missed by tourists.

I'll admit that I didn't want to see the roads paved, but once they were done I couldn't deny what a tremendous improvement it was and how much better the drainage was after a heavy rain.

I have no doubt the Town Council would love nothing more than to be able to repair and maintain all roads, and if that meant having the necessary funds to pave all of them, then all the better. As a property owner in San Pedro, I would gladly pay higher property taxes if it meant that the Town Council could pave more town roads. By the same token, I would be in favor of paying an additional $.10 tax per gallon of gas if the funds would be set aside for road repairs and improvement. Those are only my opinions.

For that matter, I would love to see more developers and property owners step up to the plate and give back to the community by either donating funds to the Town Council, or helping to formulate solutions for the improvement and maintenance of existing roads.

Would you as a property owner be willing to pay $500BZ more per year in property taxes if those funds were specifically earmarked for the town to repair and maintain the roads already built and designated as roads? I know I would. Perhaps there is another solution. Or an additional solution. Would you be in favor of a $.10 tax per gallon of gas for funds to be raised for road repairs and paving? (With proper oversight, which is no small task.) I am all for engaging in dialog that leads to a solution for the many people who live on roads/streets that flood after every heavy rain.

I am sure you would agree that the answer does not lie in accepting the current road conditions as being an acceptable status quo.

May I suggest that this thread be moved to the Living in Belize sub-forum.

To Juan Grande,
Here are a few simple questions for you to answer to clear some of this up.

1.Did the town board/Grand Belizean estates have any permits before they/you started building the road?

2.The town board asked the DOE to approve the Grand Belizean Estate development as a community project thus getting round the requirement for an EIA. In lew/compensation for getting the permits GBE entered into a contract to give the Town Board $4000bz commission on each lot sold. Are you now saying the agreement also including that the commission had to be used to pay for the road to GBE?

3.Is the Town board paying GBE or a subsidiary to build the road?

4.Do you believe that when the town board cannot afford to fix the islands existing roads and when the majority of our island doesn't have access to town sewage, the best use of the town boards money is to build a road to a subdivision with no houses, no electricity, no water, no sewage and no garbage collection?

Just straight answers please. Yes/No will suffice.

Why? This is about Ambergris Caye. Andrew is spot on with the questions. The current state of the island's infrastructure can barely support what is here and there appears to be no source of revenue for routine maintenance much less improvements for another several thousand lots. No electric, sewage or water....hmmm. Follow the money.