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Update: The Ontario Securities Commission has
now brought an action against Canyon, HEIR, Marco Caruso,
Brent Borland, founder and CEO of Canyon, Wayne Robbins,
President of Canyon, Placencia Estates Development, Ltd.,
Copal Resort Development Group, Rendezvous Island Ltd, The
Placencia Marina, Ltd and The Placencia Hotel and
Residences, Ltd. for
violation of Ontario's securities laws.
A hearing on will be held on 5 November 2012 and
the defendants face possible penalties of up to
$1 million in fines per entity and person, to disgorge all
amounts received as a result of noncompliance and such other
orders as the Ontario Securities Commission deems
appropriate.
Amended Statement of Allegations from OSC dated 14
February 2012. |
The Environmental Compliance Plan for Rendezvous Caye
was signed on 12 June 2007 by Marco Caruso, Director for Rendezvous
Island Limited, the developer, and Martin Alegria, Chief Environmental
Officer for the Belize Department of the Environment.
The Rendezvous Caye ECP permits the following on Rendezvous Caye:
- Thirty 2,000 sf units (as is the case with the
Copal Beach ECP, the Rendezvous Caye ECP does not state whether
these units are 1, 2, 3, 4 or more bedrooms, so it's impossible to
determine the actual size of the development in terms of guests -
units to be constructed in two phases of 15 units in each phase)
- Rehabilitation and modification of two existing
docking facilities
- Construction of a restaurant, bar and spa of
60'x75'
- Beach nourishment of approximately 3,000 feet
ranging from 5 feet to 10 feet wide
- Construction of a buried seawall of approximately
3,000 feet.
All buildings are to have a setback of 20 feet from
the shoreline and no buildings are to be built out over the water.
The ECP does not provide any specifics on the size of the docks, or how
they are to be rehabilitated or modified.
The You Tube video available above was taken by a local Placencia
fishing guide and tour operator and clearly shows a seawall that
protrudes above ground approximately 2 feet, clearly in contravention of
the ECP, Sections 1 and Sections 3.02. Subsection 3.02.4 clearly states
that the seawall must be buried to improve the aesthetics of the
shoreline.
(Note: if you are in Belize and have to suffer with our
abysmally slow and expensive Internet connection speeds, start the
YouTube video, then hit pause and allow the video to completely load
before playing it.)
Section 4.09 of the ECP provides that wanton disregard for the
conditions agreed upon in the ECP may result in revocation of all
permits and licenses issued for the implementation of the development
and in the imposition of administrative and/or legal penalties.
PCSD filed an official complaint about the seawall
with DOE. According to a letter from DOE to PCSD dated 26
February 2010, no sanctions were taken against the developer with
regard to the sea wall because the sea wall was approved by other
agencies, notwithstanding the binding ECP entered into by the
developer.
Belize Freedom of Information Act requests have
been filed with Geology, DOE and Forestry concerning the following:
Rendezvous Caye documents:
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