The Great Guana Cay Blog - Bakers Bay Quells Protests with Money

This Freeport News Article (PDF) gives an excellent overview of the court case and the SGCR announcement that they will continue the battle indefinitely.

Save Guana Cay Reef will launch its third judicial review against the Baker's Bay Golf & Ocean Club.

This review centers around the Hope Town District Council, the local government council, and the way in which the council pushes forward permits opposed by the locals on the very island it affects.

On November 29, Save Guana Cay Reef will ask the court for a stop work order, putting an end to all work on the Baker's Bay Club site until the issues can be examined in court.

From ABC News: "...Trump wants to develop a $1 billion luxury golf course and hotel resort in Menie Links, stretching along the North Sea from the Scottish Heritage sand dunes in the north, to the town of Barmedie to the south..."

"To say that Mr Forbes, 55, is a thorn in Mr Trump’s side is an understatement. His 23 acres of land sit directly between the tycoon’s two proposed 18-hole golf courses and a planned 450-bedroom five-star hotel. A golf academy and driving range would be next door. Just a few hundred feet away would be the majestic sweep of Trump Boulevard, the main access road to the £1 billion resort.

“I’m right in the middle, you see,” Mr Forbes said yesterday. “I wasn’t against the golf course from the start, but then they just went mental because I wouldn’t sell. They said they’d make my life a misery and they are...”

The threats and underheaded business practices in this story are being waged by golf course developers across the world - from the Baker's Bay Club on Great Guana Cay to the Bimini Bay Golf Course to the Tehama Resort in California. Those of us who oppose these golf courses commend fisherman Michael Forbes for his bravery against another golf developer creep.

This article in CNN shows some of the comments Trump has made about the fisherman, reminiscent of comments made by Baker's Bay Club directors and employees about the local residents of Guana Cay.

This article quotes Forbes: "...To me, you can't put a price on it. I won't sell and he knows that...All my family come from here. My grandfather fished here, my uncles fished here and I've been fishing here 40 years — I'm the last in line and will see it out."

An update by Neil Hartnell on the San Salvador development issue. San Salvador's Pigeon Creek area is considered its most ecologically important. The local environmental group has put forth a proposal to turn that area into a national park, but those plans are being ignored, and investors are preparing to develop part of it.

This is an early October article from the Nassau Tribune on the 2nd legal case against the Baker's Bay Club. Anything by Neil Hartnell on the Great Guana Cay case is a great read - this one will help interested readers get caught up on current events on Great Guana Cay.
Read the PDF

Why are Guana Cay homeowners selling property on Great Guana Cay - the answer is obvious - Baker's Bay Club is ruining the island. This article in the Guardian poses the question:

Neil Hartnell covers the Hope Town District Council updates on permits to Baker's Bay Club.

New photos show the Four Seasons Resort golf course flooding. Hurricanes and tropical storms are a fact of life in the Bahamas, but golf courses in the Bahamas are often built with little regard for the local conditions.

The impact of fertilizers and herbicides soaking into the bay can be devastating to the marine environment. The Nassau Guardian covers the issue here.

For the past two years, I have been reporting on the ways the University of Miami has been involved with the Baker's Bay Club. The Baker's Bay Club has used the University of Miami to legitimize its development, even putting its logo on its marketing materials to make their development look as though it has been rubber-stamped by the institution.

But now a new twist - the Miami Herald is reporting "The University of Miami's marine research ship struck and stuck fast on a shallow reef in Biscayne National Park, then cruised on without reporting the incident."

Many conservationists are frustrated with the University of Miami's position with the Baker's Bay Club; this incident serves to further question their integrity in the Caribbean.

This summer, Steve Dodge, a writer who often writes about Abaco, wrote the following about Baker's Bay Club in Southern Boating Magazine, a magazine about yachting in the Southern United States and the Caribbean.

What's new? Bakers Bay Club is again under construction after a lengthy legal and political battle. The principle opposition from a group called Save Guana Cay Reef argued that the golf course fertilizer would kill the reef lying northeast of the cay. They also protested that some crown land was leased to the developers, arguing crown land should only be leasted to Bahamians.

A judge's decision cleared the path for the developers to resume. We all know that development forever alters natural places, but the developers of Bakers Bay have an environmentally sensitive culture and promise to preserve as much of the area's natural beauty as possible. Instead of killing local trees and plants with bulldozers to build roads, the plants and trees have been dug up and moved to a nursery to be replanted later. Thousands of orchids and bromileads were are also saved while invasive trees and plants have been removed.

The golf course will be planted with paspalum grass, which does not require large amounts of fertilizer and can actually be watered with brackish water if necessary. The entire course is designed to drain inward to a lined retention pond. The greens will be built with lined catch basins and water and fertilizer will be piped to the retention pond where both will be recycled. According to the plan, the entire community will be served with reverse osmosis water and the first sewage treatment system in Abaco. Homeowners will be permitted to clear only 30 percent of their land for the house footprint, and will not be allowed to bring in exotic plants.

One of the biggest departures is that waterfront property owners will not be permitted to build docks; they will use the marina for their boats. The beach will, for the most part, stay the way it is. The marina, which is expected to open in late 2008, will accept transfers for overnight dockage as well as lunch it will have the first pump out station in Abaco. Things are going to change at Baker's Bay- a temporary increase in barge traffic for one thing- but the end result should be the most environmentally sensitive development ever built in Abaco, and preserve a favorite cruising ground.

The article contained errors in logic, and so both both Troy Albury and myself responded to it in letters to Southern Boating:

Letter from Troy Albury to Southern Boating

In your May 2007 issue you cover Abaco. Obviously you have obtained information about the development at Baker's Bay on Guana Cay from the developer. The environmental achievements that you claim for the developers area ll under question. Hundreds of acres of mangroves have been clear cut and filled in for home sites. You also did not mention that they have strayed from their Environmental Impact Assessment in the areas of waster management.

Numerous organizations have spoken out against the project and they will continue to do so. Each and every issue of your magazine covers some location that is deemed beautiful enough to be considered a great place for “boating”. Ironically it seems that you have forgotten that the areas themselves need to be preserved. There are many people who disagree with the developer’s assessment that the resort would be the most environmentally sensitive project ever built in the Abacos. Please visit our website saveguanacayreef.com for the other side of the story.

There are several factual errors in your article on the Baker’s Bay Golf & Ocean Club and it sounds as though the writer “took the bait” of the developer’s marketing propaganda. These falsehoods have been exposed by the press and in the court room. Contrary to the article in your magazine, legal action continues. Let’s be clear about one thing – Discovery Land Company’s Baker’s Bay megadevelopment is opposed by thousands of coral reef ecologists and scientists. The large imprint of this development, which is adjacent to a coral reef considered by scientists to be among the very best in the Bahamas , is wildly denounced by experts.

The author says that thousands of orchids and bromeliads “were also saved.” This is what visitors are shown. By destroying mangroves but keeping the orchids, Baker’s Bay will destroy the island’s only fish nursery. There are three endangered nesting sea turtles on the island. Eminent sea turtle conservationists and Jean-Michel Cousteau have denounced Baker’s Bay for the danger their plan poses to sea turtles. The author wrote about the golf course being planted with paspalum grass, but he misunderstands the facts and why it is not the magic solution the developers believe it to be.

I have spoken to many paspalum experts, and all of them would disagree with the author. Coral reefs are unique ecosystems in that they require a minimum amount of nutrients in order to survive. While I am in favor of development, no sane person can condone large developments adjacent to such pristine reefs. The boating community is aware of this issue and it is my understanding that the vast majority are against the Baker’s Bay Club because it is dangerous to this crucial environment and it is anathema to the qualities that make boating in the Bahamas a unique, rich experience.

Steve Dodge responded to Albury and myself in the same issue. I will address the errors he made in his response after all letters to Southern Boating have been published.

In response to the letters by Troy Albury and Erik Gauger, I wish to say that the views I expressed regarding the Baker’s Bay development on Great Guana Cay were formed after considering the Save Guana Reef position as the claims and plans of the developer. I continue to find the position of the developer more credible. Consider the following:

Baker’s Bay will be the only development in Abaco with a sewage treatment system and will have the only marina pump out station. Everything else in Abaco, as far as I know, utilizes septic systems, which leach into the water.

The density of the development is projected to be 358 unit for each 1.63 acres of land. It should be noted that build out will probably be 15-20 years, and that most of the residential units will be occupied not more than a few months each year.

Land owners may clear about 40 percent of their land for the residence. A coastal buffer setback of at least 50 feet from the beach or tup of the dune is in place and no docks are permitted along the beach. I continue to believe that this development is better that what might have been done – 1,000 half-acre lots with septic tanks and 40-100 docks lining beautiful Baker’s Bay beach. This is not just conjecture – the previous land owner’s master plan had two units/acre and a landing strip.

The highest court in the Bahamas decided in favor of the developer in October 2006. Some people think that an appeal to the Privy Council in London has a chance. As a practial matter, I don’t believe the case has great strength. The developer’s plans were reviewed and changed by the Bahamas Environmental Science and Technology Commission. The developer accepted these changes.

I find some claims in the letters opposing my position difficult to believe, ie. – “thousands of coral reef ecologists and scientists” and “hundreds of acres of mangroves have been clear cut.” I am aware that some reef ecologists oppose thr project; I do not think that thousands have done so. Some mangroves have been destroyed to build the marina, the marine village and some nearby homes – probably 70-80 acres, rather than “hundreds.” And 70 acres of natural mangroves have been put in a preserve monitored by scientists from the University of Miami .

Finally , I am also concerned about the possible adverse environmental impacts of all developments existing and new. I hope existing cesspits on the the outer cays and on Great Abaco are upgraded, and I hope marina pumpout stations become standard. I agree with the letter from Jean-Michel Cousteau and the response of (now) Prime Minister Hubert Ingraham posted on Erik Gauger’s website, and fully support careful monitoring. I would be happy if Baker’s Bay were never developed, but I do not think that is a rational hope. I think the proposed development is better than many alternatives. I believe that Great Guana Cay reef will continue to be one of the most beautiful places in the Bahamas .

In the November 2007, the Sierra Club responded to Steve Dodge with the following letter. The letter was signed by the IVP of the Sierra Club, and the Sierra Club's Coral Working Group team.

We are responding to the recent letters regarding the Baker’s Bay Club mega-development on Great Guana Cay in the Northern Bahamas.

The Sierra Club has been following the Baker’s Bay Club development since 2005. The developer asserts this development will set high environmental standards for developments in the Bahamas. This worthy goal, however, is contradicted by the sheer scale of the development planned for Guana Cay. The core issues are whether a mega development of this size is environmentally and culturally appropriate for this slender, lightly populated island; and whether the rights of the affected communities to participate in the land use review and approval processes related to this development were respected. We support the efforts of the Save Guana Cay Reef Association to assert its legal rights related to participation in the approval processes required for this development, and their preference for a smaller scale development which would not include a marina or golf course.

The developer has pledged to follow an Environmental Management Plan including numerous actions to prevent or mitigate the numerous environmental threats identified in the Environmental Impact Analysis, and a monitoring and reporting system to track and report on any adverse events. To our knowledge, however, no such reports have been made public. If the required monitoring is occurring, the reporting has not been shared with those most affected, the residents of Guana Cay.

Michele Perrault, International Vice President, Sierra Club
Dr. Judith Lang, Sierra Club Coral Working Group
Dave Raney, Sierra Club Coral Working Group

Save Guana Cay Reef Issues New Case | 10.03.07

Below is a press release from Save Guana Cay Reef announcing a second lawsuit against the Baker's Bay development.

On September 29 2007, the Freeport Supreme Court ordered that Save Guana Cay and Aubrey Clarke could issue a new Judicial Review case to sue the Government and Hope Town District Council, the local government district for Guana Cay and the Bakers Bay Developers.

This is the 2nd Judicial Review case launched against the Government and Developers. It is the 1st against the Hope Town District Council.

Save Guana Cay is an association of Bahamians and foreign residents dedicated to preserving their unique heritage and culture, the land and marine environment, promoting respect for locals to be responsible for their island and saving Crown Land for future generations of Bahamians.

Guana Cay is internationally recognized as a unique marine and land environment and boasts one of the most picturesque and pristine traditional old Bahamian communities in the Abacos.

Despite this, in February 2005 the PLP Cabinet, under the direction of PM Perry Christie, and after years of secret planning and negotiations with developers, and following its now disgraced Anchor Project policy, dictatorially and without consultation with the residents of Guana cay, signed a Heads of Agreement with Bakers Bay, a foreign real estate developer, to allow a tax free $500,000,000 hotel, residential, golfing and the largest marina project in the Bahamas.

Since then the residents of Guana Cay mounted and continue to fight for their rights. They believe that the golf course will destroy the rich marine reef life.

The exclusively affluent and foreign gated residential community will destroy one of the few remaining forests, containing a fabulous variety of flora and fauna, in the Northern Bahamas.

The marina dredging and silting will destroy Joe’s Creek, and the hundreds of ancient mangroves which protect against hurricane storm surges and are the nurseries for the marine life on which the fisherman on the island depend.

Their traditional crabbing and hunting grounds have been lost, as the former PM Perry Christie agreed to give it to the developers for $1 per acre or some other secret amount. Despite elections promises to the contrary, the FNM, according to the Developers, has issued the Crown Land Deed to the Developers of the last remaining 179 acres of Crown (public) Land left on the island. There will be no room for the local community to grow in the future. The 150 Bahamians will be surrounded by over 700 foreigners.

Perversely….the Developers, who only paid $1 per acre, have now offered to sell 1/3 of an acre of our Bahamian Crown land back to Bahamian citizens for $50,000 or $150,000 per acre, thereby making a swift profit of 149,999%. What were the PLP and what are FNM Cabinet ministers thinking?

The development will be completely out of scale with the small island community, dwarfing it in size. The construction of the development is expected to take 10 years, and will require hundreds of transient foreign laborers. The social, economic and environmental life of this old Bahamian community is being destroyed. The local citizens are becoming foreigners in their own land.

In Save Guana Cay Case number 1, the Association obtained an injunction (after several appeals in the courts in the Bahamas) from the Privy Council in London, stopping the development until the trial. In October 2006, at the trial, acting Justice Carroll, in the Supreme Court, ruled that the Heads of Agreement was valid and allowed the development to continue. Save Guana Cay appealed and is waiting for a Court of Appeal decision.

At the Court of Appeal hearing the Government and Developers argued that even if the Heads of Agreement was invalid they had received all necessary permits from the necessary government departments, and were therefore not relying upon the Heads of Agreement as authority to proceed.

In their pre election promises, the FNM party promised freedom of information, promotion of local rights and preservation of Crown Land for Bahamians. Since the FNM became the government, Save Guana Cay have repeatedly asked the FNM to make full disclosure of all of the permits.

Despite their promises the FNM has failed and refused to give any information and Bakers Bay claims that the FNM government has given 150 acres of Crown Land to the developers.

The citizens of Guana Cay, trusting the FNM, are appalled by the FNM’s betrayal, even though 90% voted for the FNM in the general elections.

Now, after pressure from the Court of Appeal, the Developers, 2 years later, have provided copies of the permits they say were necessary to proceed with the development. For 2 years, the PLP and the FNM have kept the details of this development secret from their own Bahamian citizens, preferring instead to conspire illegally with the foreign developers, and permitting the rape and destruction of the environment, as they have done in Bimini and elsewhere.

Save Guana Cay case number 2 challenges all of these so called “permits”.

The defendants in this action are The Queen, the Director of Physical Planning, The Prime Minister, the Town Planning Committee, the Minister of Maritime Affairs and Labour, the Minister of Public Works and Transport, the Commissioner of Police, the Water and Sewerage Corporation, the Hope Town District Council, the Attorney General, and the Developers, Passerine at Abaco Limited, Passerine at Abaco Holdings Limited, Bakers Bay Limited, Bakers Bay HOA Limited, Bakers Bay Marina Limited, and Bakers Bay Foundation Limited.

Save Guana Cay claims that the defendants did not have lawful authority to give the permits; that contrary to law the citizens of Guana Cay were not consulted; and that in any event granting the permits was irrational and contrary to the Constitution because they discriminate against Bahamians and residents who have to pay customs duties while the Developers and their buyers invest and own tax free.

Save Guana Cay also claims that Crown and Treasury Land is only for public purposes and for Bahamians. It is not supposed to be given away to foreign developers, for their profit, tax free.

No agreement under the Hotels Encouragement Act was given by way of disclosure; so the citizens of Guana Cay ask this FNM government to make full disclosure and tell the public on what lawful basis Customs is allowing Bakers Bay to import materials customs duty-free?

The Association continues to ask for discovery and will shortly be seeking another injunction. We will go to the Privy Council again if necessary. The English seem to have a little more respect for local and environmental rights than our own country.

Bakers Bay is continuing to desecrate, destroy and ruin the environment. See the photos exhibited with the court papers.

The citizens of Guana Cay will continue to fight for their rights as against the PLP, the FNM, and these destructive foreign Developers who have taken away their environment, heritage and quaint, picturesque Family Island.

Troy Albury is the president of Save Guana Cay, and copies of the action and his affidavit are attached as well as a copy of the Court order.

This war will continue and the citizens of Guana Cay need funding to continue to fight for their rights. We invite the public to visit our website, contribute to our cause financially, and to give support by letters to the Editors, press statements, telephone calls to the FNM members of parliament and in any other way possible.

This is not just about Guana Cay! This is a fight for the future of the Bahamas! What is happening in Guana Cay is one of the more abusive examples of what is happening all over the Bahamas.

Save Guana Cay is a member of Save The Bahamas and supports all those other freedom and environmental fighters in Nassau, San Salvador, Bimini, Harbour Island, Mayaguana, Rum Cay, Exuma and elsewhere in the Bahamas, the Caribbean and the rest of the world, fighting to protect their homes, cultures and environments from ignorant and blind politicians and rapacious and destructive developers. The politicians care for nothing more than to win political brownie points by announcing some development and the developers to make a fast dollar!

Please help us to protect our children’s heritage and the future of the Bahamas!

Troy Albury
Aubrey Clarke
Anthony Roberts

Frederick R. M. Smith
Counsel to SGCRA

Caribbean Coral Nears Extinction, Runoff Responsible | 09.25.07

Time Magazine discusses the role of development runoff in the death of corals in the Caribbean in a recent article on the subject. The article states, "...Six species of reef-building coral could vanish from the Caribbean due to rising temperatures and toxic runoff from islands' development, according to a study released Thursday. "

The importance of runoff and mangroves destruction in the health of coral reefs was almost never discussed in the media only a few years ago. But they are catching on.

The Octopus, The Bucket and Earthwatch Volunteers | 09.25.07

A few days ago, I showed you a professional video from Bimini Bay that showed the dedication and perserverence of the residents and scientists of the island and their objective of restricting a development that would change their island forever. Coincidentally, I ran into another youtube video today. This video was posted by Earthwatch volunteers on Great Guana Cay. The volunteers are young students who pay to go on 'missions to save the environment', or, as cheap labor for scientists. Earthwatch has been tied to the story of Great Guana Cay because the Baker's Bay Golf Club development has been using these volunteers to aid in monitoring and research that is being used as public relations for the development's dangerous plan.

Scientists have criticized the Baker's Bay monitoring team, for, among many other things, using Earthwatch volunteers for research that should only be done by graduate level students or scientists themselves. Every time we read about the Earthwatch volunteers at Great Guana Cay, we see children who are unfamiliar with the Bahamas, unfamiliar with the ocean and even the beach - we see children playing.

In any other circumstance, I would say, let the children play. Leave them alone, they're just kids. But in scenarios like this, these completely unqualified children are being used to tell a story to sell an unsustanable development. Their bodies are being used to paint a picture. See the video, posted by Earthwatch volunteers themselves, and see for yourselves who is running the monitoring programs at Baker's Bay Club on Great Guana Cay:

Link to Video

The video shows children dropping a live octopus on asphalt, giggling and screaming.

Saving the Sawtooth | 09.22.07

Like Great Guana Cay, Bimini is facing its own development issues. This youtube video is an outstanding look at the issues facing Bimini. The video is a fast seven minutes. Its production is superb and it concisely explains the big picture at Bimini.

Link to Video

Like Guana Cay's Baker's Bay, Bimini Bay Resort has many critics. This month, the developer has allegedly attempted to muzzle those critics voices through SLAPP tactics. Several letters went out to critics of the development threatening legal action if their criticism continued. Apparently, the tactic has backfired on the developer, as the Bahamian press (PDF of article about muzzling critics) has not responded kindly to Capo's tactics.

Two Scientists Central to Guana Cay Fight Create Florida Victory | 09.10.07

Dr. Mike Risk, the coral ecologist who wrote the original response to the Baker's Bay golf course and marina plan, and Dr. Tom Goreau, who has argued against the Baker's Bay Golf and Ocean Club independently of Dr. Risk, have joined forces in Florida for an amazing victory for the state, and coral reefs.

The City of Lake Worth had planned to pass a permit that would allow the city to build a desalinization plant and dump the residue into the ocean through an old underground pipe. The plan was designed to address a concern in the city that freshwater was being contaminated by saltwater.

But Tom Goreau and Mike Risk made a very public and very critical assessment of the plan, which they argued would increase the nutrient levels of horseshoe reef, a mile from the desalinization plant's output.

The issue is the same as that on Great Guana Cay; the large input of nutrients created by the Baker's Bay Club is killing Guana Cay's reef.

Here is a quote from the Sun-Sentinel:

However, the environmental coalition presented two nationally recognized experts in ocean sciences to refute the state's assessment. Thomas Goreau, the Harvard-educated president of the nonprofit Global Coral Reef Alliance, and Mike Risk, professor of environmental sciences at McMasters University in Canada, vehemently argued that there is no such thing as "a safe level" of ocean contaminants.

"Every time you get more nutrients into the coral, it expands and kills more coral," Goreau said. "Nutrients act like a fertilizer."

After hearing their arguments, city commissioners unanimously denied a request to hire a lobbyist to negotiate with a state agency for a permit that would allow the city to dump 4 million gallons of reverse osmosis concentrate near the pristine coral reef. The Lake Worth mayor credits the efforts of Goreau, Risk and other scientists, divers and environmentalists with saving the Horseshoe Reef.

The expert testimony of Risk and Goreau was crucial to the Florida victory. Reefs in Florida are severely degraded

NOAA Case Study Attributes Nutrients | 09.09.07

An NOAA Case Study attributes nutrients to the destruction of Looe Key. This is important, because if as the United States is officially recognizing the role of nutrients in coral reef destruction, the issue is making the rounds in the press around the world. Even as global warming remains an easy scapegoat for coral reef destruction, the word on development nutrients is gaining ground in the press and in broader scientific circles.

Looe Key Case Study

Costa Rican Corals dying from Hotel Fertilizers | 09.09.07

A recent Reuters article attributes hotel golf course fertilizers and bad sewage systems to the destruction of a crucial Costa Rica coastal reef. The article backs the claims of scientists who criticize Baker's Bay Club's plan. Here are some quotes from the article:

"A tropical algae thriving on fertilizers from hotel golf courses and badly treated sewage is killing one of Costa Rica's most important coastal reefs, scientists say."

"The green, feather-like algae is spreading along the reefs of Culebra Bay in Costa Rica's northwestern Gulf of Papagayo, a popular scuba diving spot and home to a rare species of coral. The algae blocks the sunlight and suffocates the reefs."

"A tourism and construction boom along the palm tree-lined beaches is creating nitrogen- and phosphate-rich waste that feeds the algae, known as Caulerpa sertularioides, and Costa Rica is only just becoming aware of the problem."

"Scientists say about 80 percent of the reef area, which stretches for about a mile and a half (2.4 km) along the coast line, is covered in the algae."

The article pays tribute to the multiplying effect coral issues can have on nearshore environments:

If left unchecked, the algae could also severely damage the ecosystem of the bay, allowing non-native species of fish to come in and displace the native species.

Costa Rica is facing the same dilemma as the Bahamas:

"The algae is the latest challenge facing Costa Rican authorities as the Central American country struggles with conserving its unique tropical biodiversity while attracting tourists and marketing itself as an ecotourism paradise."