Dart deal should be revealed

| 10/10/2012

dart shovels.JPG(CNS): The public has a right to see the details of the deal between government and the Dart Group before it is signed, the independent member for North Side has stated. With the government expected to ink the main agreement with the country’s largest investor, the Dart Group, before the end of this month, Ezzard Miller says the deal should not be secret and has called for it to be published in the public domain. He has also called for any side letters that may have been signed with the UK that clear the agreement from needing to meet the requirements of the Framework for Fiscal Responsibility (FFR) which the premier signed with the FCO last year.

“If government has a side letter permitting this agreement, then we need to see that as well as the deal,” the North Side member said, adding that he did not believe the preliminary deal regarding the Esterly Tibbetts Highway swap meets the FFR. “The government negotiated a side deal for its strategic policy statement which had been drawn up before the premier was forced to sign the FFR, so is there one for this deal? And if so, the public should know as this deal cannot meet the requirements of that framework.”

He also questioned why the public had not seen the report by PricewaterhouseCoopers analysing the proposed project and whether or not if provides value for money for the Caymanian people and the public purse. The report was completed in April and Miller said he believed that it had raised concerns, which is why the negotiations have continued on for longer than government wanted. “But no one outside government’s inner circle and Dart has seen it,” he added.

Miller pointed out that the main agreement is a complex deal which is going to have far reaching implications for everyone in Cayman. The ForCayman Investment Alliance includes various land swaps between the crown and Dart, the Esterley Tibbetts Highway extension and related roads, the redevelopment of public beach, a new five-star resort on West Bay Road, the closure of a strip of that road, duty and tax concessions, cash donations to government and the moving of the dump to Bodden Town.

The land swaps plus the road developments and closure will lead to a significant increase in the value of the land that Dart will own. In addition, the parameters of the deal may have changed significantly since its announcement in the spring of last year and Miller said that before the government signs, the entire proposal should be made public.
The independent member was concerned that politicians and not the government’s technical staff have been too closely involved in this worrying deal.

“We have deals being negotiated by the wrong people,” Miller said. “We are dealing with public land and it should be the technocrats not the politicians that work out the details. Why are the Cabinet ministers all involved in these talks? How can ministers objectively negotiate such a deal? There are no checks and balances here.”

This is a point which has been raised by the auditor general in other reports he has conducted that involve government procurement. Alastair Swarbrick had pointed to concerns over the interference of politicians in technical issues and negotiations on contracts, which he has said leaves the system open to risk of abuse.

Miller said that if government intends to dispose of public assets there should be complete transparency so the people know what they are giving up and what, if anything, they are gaining.

Despite the letter from the Anti-Corruption Commission indicating that there was no wrongdoing regarding the $5 million donation that was given to government by Dart in thewake of the preliminary deal regarding the West Bay Road projects, signed last December, Miller pointed out that the payment had still not been properly explained. “What exactly is it for, what did Dart purchase with it and where is the invoice?” the MLA asked, as he has done previously.

Miller said there were a significant number of issues and controversies surrounding the deal and it now needed to come into the open. The public should get to see every detail of the final proposal before government commits the country to something that could have very far reaching repercussions, the independent member stated.

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  1. Anonymous says:

    The Prescription Law (1997 Revision)

    Section 4(1) – "When any beach has been used by the public or any class of the public for fishing, for purposes incident to fishing or for bathing or recreation, and any road, track or pathway passing over any land adjoining or adjacent to such beach, has been used by the public or any class of the public as a means of access to such beach, without interruption for twenty years, the public shall, subject to the provisos hereinafter contained, have the absolute and indefeasible right to use such beach, land, road, track or pathway, unless it appears that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing."

    Section 9 – "Where the public or any class of the public have used any beach, land, road, track or pathway in the manner specified in section 4( 1) for the period mentioned in the said subsection and such user is disputed, any person concerned in the dispute may lodge a plaint in the Grand Court under the Judicature Law (1 995 Revision), and the said Law shall apply to the matter in dispute."

    CNS – if this information is useful, will you please forward on to any people you know still involved trying to prevent this deal from going through?  Many thanks for providing this forum.

     

     

     

     

     

     

  2. the truth says:

    FYI to some of you vistors who love to throw it out there that "Caymanians voted in Mackeeva and now we're complaining" i'll just have you know that the REPUBLIC OF WEST BAY (where the majority is under educated" voted in Mackeeva as they have always done. I would like to see how much you would be laughing if he implented that payroll tax on ya'll. Our island was beautiful from the get go and whilst some developement has enhanced the overall atmosphere (such as Caymana Bay) we do not wish to live in the urban concrete jungles you and your countrymen created in your homelands, which many of you are disgusted to admit that this is a massive factor in why you all come pouring into the Cayman Islands seeking fresh air and beautiful beaches. If we were so bad a people, and so ignorant a country, why do we have to practically force you out so that our children can thrive in the atmosphere which we thrived in (hence the rollover policy) ?

    • Brittodabone says:

      Please list those beaches, plural. 

      • Anonymous says:

        SMB, Rum Point, Barefoot Beach are the better known ones. Hope that helps.

        • Anonymous says:

          Well two minuscule scraps of sand and a thin, sloping, overdeveloped mess. Thanks for confirming my point.

          • Anonymous says:

            Hey, if the place displeases you so much you can always leave. But you will probably be miserable wherever you are. The glass will always be half empty.

    • Anonymous says:

      Grand Cayman is crap when comes to beaches, even it you discount the lack of local geographical beauty behind the beaches.  It ruined the only half-decent one it had.

  3. Anonymous says:

    FOOLS RUSH IN….

    Perhaps the problem is that very little actually EVER gets done on Cayman, because people have a land crab mentality – they don't want other people to benefit and would rather cut off their own nose to spite their face.

    After years of watching other countries announcing big infrstructure projects that will attract investment and local employment, Cayman stays stuck in the 1970's – its a disgrace! Look around you, the only shining stars are the place that Dart has invested.

    Dart has employed the worlds leading envisoners to create world class facilities – don't you get it? YOU WILL BENEFIT FROM IT !!!! This is not some knocked up projected with a bunch of unskilled labourers.

    This project would NEVER happen if all the people put their 2 penny's in. Because idiots rush in….

     

    • Anonymous says:

      I wonder how many regular folks actually BENEFIT from Camana Bay?  You know, from the great low prices in their boutiques, the reasonably-priced food in the restaurants, the inexpensive movie tickets and refreshments in the Cinema?  Hopefully by now you have picked up the sarcasm in this post?   The only thing there that regular folks benefit from is the free scenery.  The wealthy, on the other hand, can afford to BENEFIT from that development.  I wonder who will actually BENEFIT from the ForCayman Alliance Deal?  Something tells me it is not the regular folk.  In fact, we are all paying through our noses in higher taxes, while the developer of Camana Bay as well as the Shetty Hospital, get all the breaks and concessions.  So tell me again who will BENEFIT from this Dart Deal?

  4. Next says:

    Ha, transparency! When will we all start using our real names and stop hiding behind Anonymous? What a bunch of hypocrites we are!

  5. F.A. Cetious says:

    They may take our West Bay Road but they’ll never take our dump!

  6. biker says:

    Common sense (uncommon sense?) says Ezzard is right again.  (Sorry, Jordanian dude!)

     

    It IS the Caymanian's assets that are being horse-traded, and the public should have the right to know and a chance to veto any actions deemed unfair or unwanted by the majority.

     

    Anyone else wonder what it REALLY cost Mr. Dart, and is that why this is all "hush-hush" and "let's get this done before anyone can stop it"?

     

    IF there were complete transparency (oh man, I choked a little while typing that!), one would  not have to wonder and assume the worst scenario!

  7. Kadafe says:

    If anyone has seen the leader of the opposition or knows where he is maybe you could ask him to get the deal revealed to us so that we maybe blind no more…

    • Anonymous says:

      Looks to me like someone has pressed the mute button on Mac.

      I wonder if Mr. Anglin won't push Mac out of that comfy chair in the next election…..hummm

    • Anonymous says:

      How do you expect the Opposition to tell you about the deal.  They don't know, Dart did not do the deal with them and the UDP government won't even allow them to ask questions in the LA.  You have to hold the Premier and his minnions responsibly for whatever Dart is doing- if he is doing anything wrong . They are the one who signed the deals, they are the ones in a relationship with Dart.  The majority of you  (at least in West Bay) voted them in- you can't get any answers from them so  now you are blaming it on the PPM.  It is timeto call a Spade a Spade.

       

  8. Anonymous says:

    More important, it would be useful for independent legal experts to look at it to warn Govt in advance if they’ve agreed to some major pitfalls. Who’s advising them on this agreement? Experienced commercial lawyers? I think not.

    From a legalstandpoint, and intellectually, Govt negotiating with Dart is a mouse negotiating with a lion.

  9. Anonymous says:

    Let us not be distracted by DART.  The real concern RIGHT NOW is what is Mac doing in China?  We have a leader under police investigation for taking money inappropriately, a Chinese company with allegations of bribery made elsewhere wanting to do a mega-deal, a previous deal with a third party that was ripped up at the cost of millions to us all on a whim without any good reason being given by the leader who is being investigated and an apparent rush by this leader to get a deal done before the legal oversight of procurement is brought into force.  This deal could mortgage Cayman's future for decades and decades.  THAT IS WHAT NEEDS TO BE TRANSPARENT.

    • Anonymous says:

      How right you are! It is fairly predictable what has happened with Dart, the man has sold out to him long ago. That doesnt make it right that you are being denied the detail you deserve in a democratic environment, it is a travesty. However, the potential to damage your Islands with the China deal is immense, the value involved is vast, (whats 10% of vast?) and you will in all probability be sold out for generations. A reasonable person will presume all this is for personal enrichment, and the circumstances of the China deal lend much to this presumption, how awful that one of your own apparently cares so little for his people, how awful that his necessary bunch of voters really seem to believe he is doing things for them. Remember, fridges come cheap and fall apart, selling your rights comes very expensive!

  10. You Know Who says:

    Don't worry, folks.  My hands are clean and my heart is pure.  Do you need a new fridge?

  11. Anonymous says:

    of course it should be in the public- we have a right given the major changes that this deal will see through.  there should be no circumstances where the public is not allowed to see the agreement BEFORE it is signed.  also, i'm surprised that this is being allowed.  it cannot possibly be following rules.

  12. Anonymous says:

    God forbid we have another eyesore like Camana Bay built…………….wait, I kind of like that place, last week my friend boated in me and my family and had a nice lunch at Ortanique…..and, yes, the view was lovely..

    Wait, is this the same monster that might develop a public park on the beach after this monster triples its size, where families can enjoy (instead of just young adults blaring music in a cramped beach area). 

    Blows me away how some people think……………..the vocal minority are selfish fools.

    • Anonymous says:

      According to Mac dem is Foo-Fools.

    • noname says:

      Oh, it's much more insidious than mere selfishness that movitates these people.

    • Anonymous says:

      The vocal majority understand that Dart is not increasing the size of the public beach at all, he is combining all of the rights of way into one and calling it a "new" beach.

      Glad you can afford lunch at Camana Bay – good for you.

      When I want to park on West Bay Road and go to the beach on Sunday like I have done for decades, I will no longer be allowed to access the beach between the current public beach and the "new" public beach. It's all about Dart limiting access to the beach which we have a legal right to use. 

      • Anonymous says:

        nonsense….you will have full access to a much improved and expanded facility….

        unfortunatly you won't be able to bring your blacked out 96 civic…..

      • Anonymous says:

        Do you manage OK on the beach with that massive chip on your shoulder or does the overwhelming self-pity weigh you down before then?

  13. Anonymous says:

    i would trust dart to run the country better than udp/ppm/independents……

     

    • Anonymous says:

      Of course he would run it better but it would be entirely in his own interests.  

      • Anonymous says:

        That's exactly the way it is being 'run' at present.

        • Anonymous says:

          Ahh but it is incompetently run in their own interests so we get some benefits by default.

          • Anonymous says:

            If you consider it a benefit that two thirds of the voting public voted against the UDP in the most recent exercise then I suppose we do indeed get benefits by default.

  14. Anonymous says:

    A corrupt government meets a vulture capitalist = a perfect storm

    • Whodatis says:

      Yep.

      We have definitely attained 1st world status, haven't we?

    • Anonymous says:

      Bud, you don't know that. That is the problem with the whole thing. No-one knows! And until we do, we cannot judge. Which is why it needs to be transparent.

       

      Kind of surprised that Dart dont make it transparent…good corporate governance etc.

      • Anonymous says:

        Dont know that? come on man, it is practically written in stone

        • Anonymous says:

          Please show me the stone and I shall believe for sure…if you cannot, we dont know Jack shit, nor you nor me. No offense Bud, just the way it is..

  15. Anonymous says:

    If goverment wants to come across as being transparent, with nothing to hide, then all "deals" should be available for public scrutiny BEFORE they're signed by government. We, THE PEOPLE, have a RIGHT TO KNOW BEFORE things happen rather than just have to settle for what McKeeva or any other politician who has the power does with the country.

    • Anonymous says:

      If that were to happen, nothing would ever be signed  and Mac would definately never be on island.

  16. Anonymous says:

    This is ridiculous! How come the Caymanians are not all in the streets demanding to know all that this deal involves? It is such a beautiful country in the wrong hands.

    • Anonymous says:

      Read it, go on DART's website and I believe CNS posted it, its been circulating since the stand off with WB road, the problem is everyone was too concerned with loosing the scenic view to read any further.

      • NeoSurvivor says:

        If the entire framwork of the government's deal with Dart is available, would you be so kind as to post a link?   I'm certain I'm not alone in wanting to read the entire agreement myself.  

        • Anonymous says:

          I don't know if the framework for the Cayman Alliance deal is online but the Framework for Fiscal Responsibility with the FCO is online, so first ask yourself how well Big Mac has adhered to that.

          • NeoSurvivor says:

            Which time that he was required to agree to it?   This isn't the Premier's first rodeo with the FFR;   I suspect my view is similar to yours — he doesn't seem to have paid any attention to it;  it seems to be an annoyance to him, much as the small gnats that buzz in my ear at daybreak.  

             

            I wouldnot be able to sleep if I put my own interests above those of my country.    I am beyond apalled at all these backroom deals that are being made that obligate Caymanian resources and finances without the apparent framework of vetted legal procedures and practices.  

             

            I've long lost complete faith in this administration's ability to positively affect their country, and their desire to protect the future of our children.    I'm now relegated to prayer that their ability to further soil our country is limited until they are voted out.   

      • Anonymous says:

        That is where you are mistaken.  Everything is not on the website!!

    • Truth hurts says:

      The wrong hands? You mean in the hands of a Caymanian?…..cos thats what Mac is……….A Caymanian voted in by other Caymanians…………….the only ones allowed to stand for office and vote? – na wha ya get

      • xxxxwit says:

        Ya mon, dey woted his dishonour into power and dog eat ya suppa eva since mon! 

    • Anonymous says:

      8;40

      Has it ever occured to you that these documents may  still be  in the negotiation stages, and to divulge to the public something what is not completly agreed on, might just  jepardize the deal.

      Maybe that is the intention of you objectors. just to let you all know,  you are not the only people on cayman deserve  to live and enjoy the prosperity of these Islands.

      So lay off please! you are not going to stop these projects that will inject money in the economy. The UK has given it her blessings..God bless her.

    • Anonymous says:

      Because they are too busy gathering at Camana Bay, browsing in shops they can't afford to buy anything from as the prices are skyhigh, and having their kids run around for free in the water fountain.  Such things are free, for now.   The other day I was in the cinema and a young local couple came in and sat not far from me, they were sharing 1 softdrink – shame they couldn't buy 1 for each of them because the cost of refreshments in the cinema are also skyhigh along with the overpriced ticket.  But there is no competing cinema on island, Dart killed the previous competition so he can now charge whatever he wants.  Shameful, and there is very little we can do, apart from maybe starting to boycott his places.  He does what he wants because CI Gov, elected by Caymanian people, pretty much allow him to do anything he wants here.   While they continue to gather in Camana Bay and gape at the overpriced stores and the "free" scenery.

      • Anonymous says:

        WHAT !!! Are you serious????

        Look at drinks prices in the US, the world. It's the same all over.

        Shops in Camana Bay offer premium products, not Chinese knock offs, and cheap garbage for tourists. 

        You get what you pay for…..

        I shopped their the other day and purchased some items. I went home and check online if I could have purchased it cheaper in the US.

        I was shocked…… the price her was the same in CI$ as it was in the US. So, factor in the shipping, duty, delay and possibility that it didn't fit means that I was pleasantly surprised that shopping local was actually saved me money.

        • Anonymous says:

          Well, if you can afford to shop in one of their stores, then  buddy, you got it made.  You must be rolling in the money.  I am speaking about regular folks, those who cannot afford those prices.  If you don't know who I mean, get out of your fancy a/c car and walk around in town and meet the locals, those are the ones I mean.   I have friends who are doctors on this island, who make excellent salaries, and even they say Camana Bay is way too expensive.  

      • Anonymous says:

        i fully support caymanians boycotting camana bay……….