**************************************************** **************************************************** THE PORTMORE WEBSITE NEWSLETTER **************************************************** **************************************************** Newsletter: Number 19 for 2005 Publication Date: August 3, 2005 Title: Government Wins the case Editor: Kennedy Reid Subscribers: 276 Sign up: http://groups.yahoo.com/group/portmore_newsletter/ Reply to: webmaster@portmore.org Web site: http://www.portmore.org Phone: 876-320-7343 CONTENTS ======== 1. Court Judgement - radiojamaica.com 2. History of the Causeway & the legal case - Kennedy Reid 3. Room and breakfast in Portmore - Aunt Melrose 4. Portmore Causeway Report - www.jamaica-gleaner.com 5. Churches in Court? - Alvin Bailey 6. Classes in Portmore - J. Clarke 7. Asking for a hospital - Dawn White 8. "gaol" to "goal" - Hope McNish 10. Traffic in Summer? - Samuel Mundell 11. Time to take the next best.. on the Highway! - Kennedy Reid 12. PCC please mail my transcript - Carlinton Edwards ############################################################ 1. Court Judgement - radiojamaica.com ############################################################ radiojamaica.com Wed Jul 27, 2005 Portmore residents vow to continue fighting toll Portmore residents on Tuesday night declared they were ready for round two with the government over the controversial toll road. The residents want to go the distance, despite the government's victory Tuesday in the courts. For over two hours Tuesday night, bitterly disappointed residents vented their anger and frustration with the government, their own legal representation and the legal system. Notwithstanding, they vowed to continue their fight to prevent the government from having its way at their expense. However Chairman of the Portmore Citizens Advisory Council, Reverend Barrington Soares, warned that any bid to continue their challenge of the government would not be cheap. The PCAC Chairman said it had taken much sweat blood and tears to raise the J$700,000.00 to take the case this far in the courts. If they lose the appeal they would have pay the government's legal costs. If they pushed as far as the privy council, it could cost up to J$10,000,000.00. After numerous appeals from some members of the PCAC and the quick calculation of others, it was determined that if 40,000 residents paid at least J$500.00, they could raise the legal fees. As if to demonstrate their commitment, numerous residents, led by the JLP mayoral candidate, Keith Hinds, began trekking up to the podium waving thousand dollar bills. By the end of the night over J$30,000.00 had been collected. Many agreed this was a good start, but in the interim the residents will have to wait until the head of their legal team Lord Anthony Gifford returns from overseas this weekend and goes through the actual court judgement. He will determine whether there are legal grounds to proceed or if the Portmore residents have any chance of winning an appeal. After that the residents have six weeks to file their appeal. Then the true test will be whether the fiery zeal displayed at Tuesday night's meeting will keep the Portmore anti-toll road effort in high gear or whether its all just hot air. ============================================================= radiojamaica.com Tue Jul 26, 2005 Govt jubilant, Portmore residents crestfallen Govt jubilant, Portmore residents crestfallen Highway 2000 in progress alongside the Portmore Causeway Lawyers representing the government and residents of Portmore are now gearing up for the second round of what is shaping up to be an extended court battle. Tuesday the government emerged victorious in the first round but there are clear indications that the battle has just started. The much anticipated ruling was handed down about 9:30 Tuesday morning as lawyers representing the government and Portmore residents waited eagerly. In a few minutes the looks on the faces made it clear that the judge, Miss Justice Gloria Smith, had sided with the government. The Portmore Joint Citizens Association and the Portmore Citizens Advisory Council had filed an action seeking to block the government from demolishing the Portmore Causeway. The action also sought to prevent the government from designating the Portmore leg of the highway a toll road. But Tuesday morning, Miss Justice Smith ruled that Transport and Works Minister, Robert Pickersgill, acted in accordance with the law when he designated the causeway as a toll road. On the critical issue of whether the Mandela Highway was a suitable alternative, the judge was in agreement with the arguments presented by the government's lawyers. Lord Anthony Gifford, who represented the two associations, had argued that the alternative route should be constructed in the general area of the toll road. The judge is expected to hand down the written decision on Wednesday. Meanwhile, lawyers representing Portmore residents are awaiting instructions from their clients to determine their next step. Attorney-at-law Candis Hamilton says they have six weeks to file an appeal. Scores of Portmore residents are upset and angry following Tuesday morning's crushing court defeat. Shortly after the ruling was handed down, spokesperson for the Portmore Joint Citizens Association, Joseph Dalrymple, described the ruling as an injustice. Some residents have already indicated that they will be suggesting that the citizens associations change their tact and concentrate on battling the government on the issue of the proposed toll fee. In the meantime government officials are beaming over Tuesday's victory in the Supreme Court. Speaking at a press conference hours after the ruling was handed down, Minister Pickersgill said the government welcomed the court's decision. There was much preening and back slapping as the Transport and Works Minister flanked by all the major players connected to the Portmore leg of Highway 2000 addressed the media. While savouring the victory Mr. Pickersgill acknowledged that the government agrees with the Portmore Municipal Council on some issues of concern it raised in a resolution passed in March. Mr. Pickersgill announced that to address these concerns the government is reviewing a study by one of the world's foremost authorities on traffic based in the United Kingdom, Steer Davies Gleave. The study looked at six corridors in Kingston which could pose a problem for traffic coming from the Portmore leg of Highway 2000. According to Mr. Pickersgill, plans are being made to fix these possible problem areas. He indicated that work on the Portmore leg of the new highway remains on schedule for a June 2006 opening. But Mr. Pickersgill noted that there would be some discomfort to motorists as the developers try to meet this deadline. ############################################################ 2. History of the Causeway & the legal case - Kennedy Reid ############################################################ On August 17, 1966 plans for modern Portmore were announced on the front page of the Gleaner..... It read... "30m project for S.E. St. Catherine"[30 Million Pounds] Eventually included in the project was a proposed causeway called the Hunts Bay Causeway. It was to be a road over the the harbour joining Newport West to the Fort Augusta Peninsula (Mosquito Point Spit). The Portmore Land Development Company ( PLDC) was contracted to build the causeway in October 7, 1968 and the Bridge was symbolically opened in 1970 by Mr. Seaga; although it was in use before that. The PLDC was given a 3 year maintenance contract which was extended to 1975. The Causeway has had an interesting 35 year history. One of the first known events on the causeway was a 1970 accident in which two people were killed when a truck rammed a car. One of the deceased was a resident of the newly built Independence City scheme. In December 1999 a truck went over the bridge but no one died. A bus is said to have gone over at some point in the 1970s. Residents of Portmore were in continual discontent about the road. In 1978 residents and leaders of Portmore (including Councillor Dr. Vin Lawrence) were called to meetings to explain issues affecting the Causeway. On one occasion the bridge was blocked by residents to protest the garbage dumped beside the road. In 1980 protesting residents were reportedly attacked by "thugs" who accused them of protesting against the government (PNP). In early 1990s the bridge was closed for a short time to effect repairs and a ferry was used to transport residents from the eastern side of the bridge. As Portmore grew the two lane road and bridge was unable to handle the volume of traffic. In the mid 1990s a one-way system at peak hours was introduced to ease traffic. By 2000 there were over 40,000 cars using the bridge per day. The clear need for a road solution prompted the government and designers of Highway2000 to factor Portmore in the project. In January 2002 presentations were made to Portmore residents and leaders about Highway2000 and the fact that it would replace the Causeway. The meetings were not well attended due either to poor promotion or to the fact that residents werte not aware of the issues. The presentationa centered on the benifits of the raod and concerns were mainly expressed about environmental impact. In March 2002 the Minister of Transport designated the Causeway a toll road in the Jamaica Gazette. In December 2003 Highway2000 construction arrived at the borders of western Portmore and residents became more interested in its impact. By January of 2005 significant members of the Portmore community organised large street protests against the plans to have Highway 2000 replace the Causeway. The Mandela highway was not seen as a suitable alternate route to Kingston. The government countered that the the new road offered many benefits that offset the toll cost. Residents were getting a 6 lane highway and the alternate route of Mandela Highway is normally used by residents as a second route to Kingston and is adequate. Two law cases were filed in early 2005 attempting to advance the perspective of protesting residents. One was filed by JLP Councillors from Portmore contending that residents had "prescriptive rights" to the old Causeway. The other by the Portmore Citizens Advisory Council (PCAC) and Portmore Joint Citizens Association (PJCA) contending that the Government acted in violation of the law as the Mandela was not an alternate route to the Causeway as required by Section 8 and subsection 2 of the applicable law. In July 2005, Justice Gloria Smith ruled on the Application for Judicial Review brought by the PCAC and PJCA on behalf of the citizens of Portmore. She ruled [as understood by this writer] that the groups had failed to prove the validity of their case as (a) the Minister acted lawfully and (b) the Alternate route was reasonable. The government having won the case did not ask for cost (which could have cost the groups 600,000 - 1 million dollars.) Residents met to review the case at the Lions Center in Portmore. See the event at http://www.portmore.org/album/album199.html It was generally felt that the leaders should carry the case to the Court of Appeal. However, the group is waiting on the advice of its lawyer... Lord Anthony Gifford. The cost to continue the legal process is about $10 million and 3 million is needed to start. The PCAC and the PJCA would have 6 weeks to collect this money. On the other hand, government ministers have been saying that they are pleased with the court results and desire to work with the citizens to address concerns. Work on the Highway continues. ADV. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Lees Fifth Avenue 'Visit us online at' http://www.leesfifthavenue.com/ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ############################################################ 3. Room and breakfast in Portmore - Aunt Melrose ############################################################ If you are coming to Portmore for a short stay you now have a place to stay. Aunt Melrose, a nice lady in Portmore, is offering "Room & Breakfast" facilities in Portmore to single females. For a low $30 US per day she will provide you with a cozy air conditioned room, in the heart of Portmore. This includes daily bed changes and laundry, your own clean toilet and shower, and a continental Jamaican breakfast. How does that sound? Contact 'Aunt Melrose' at (876) 825-7678 Tell her you saw the ad here! ############################################################ 4. Portmore Causeway Report - www.jamaica-gleaner.com ############################################################ http://www.jamaica-gleaner.com/gleaner/20050727/lead/lead4.html "The Portmore Causeway and the Mandela Highway are accepted as being in the same area for the purposes of the order and by extension the Toll Roads Act," the judge held. Meanwhile, the section of the Portmore Causeway, between the bridge and Fort Augusta, will be transferred to NROCC. The section of the road between the bridge and Shannon Drive, which is owned by the Commissioner of Lands, will be transferred to the Port Authority of Jamaica. The Fort Augusta Prison was sold to the Port Authority of Jamaica for $75 million. In the meantime, Mr. Pickersgill noted that work on the Portmore leg of Highway 2000 remains on schedule for the planned 2006 opening. ADV. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ The Jade Vine We have a wide assortment of gifts for your loved ones in Jamaica. Call 876-939-1656 or 876-704-9723 to place an order. jadevine@anngel.com.jm ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ############################################################ 5. Churches in Court? - Alvin Bailey ############################################################ Date: Mon, 25 Jul 2005 05:57:00 -0700 (PDT) From: "Alvin Bailey" Hi Kennedy, I am on leave and in NY. "On July 21 a Municipal Court will be held in Portmore. Persons in various breaches will be prosecuted... including churches" You know thwt this one would get my attention. Why and which churches are being sited for municipal breaches. Alvin Bailey ........................ Webmaster's reply ........................ Dear Rev. Bailey, The court was held, but I have no idea which churches were brought to court. Please ask the Municipal office...and do let us know which church on what charged. As you know, many churches do things in the "Name of God" and who can argue with God? One group wanted to shout late into the night and was upset when residents stipulated they must lock off by 10:00 p.m. "Dem a try control the spirit!" said an angry member... who has never returned to Association meetings! Of course I have other TRUE stories, but you get the point. God Bless! Kennedy ############################################################ 6. Classes in Portmore - J. Clarke ############################################################ Effective Results Limited "Where education renaissance begins" is accepting registration now for classes for third and fourth form students or anyone preparing to sit CXC Mathematics & English Language We are located at Shop 22, Port Henderson Plaza, Portmore, St. Catherine. Telephone 988-8909, 460-8828, 372-0946, 779-9949 Ask about our pre-CXC and Adult (remedial) classes. ADV. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Lees Fifth Avenue 'Visit us online at' http://www.leesfifthavenue.com/ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ############################################################ 7. Asking for a hospital - Dawn White ############################################################ Date: Thu, 28 Jul 2005 11:48:58 -0700 (PDT) From: "Dawn White" Subject: Re: hospital for Portmore To: portmore_newsletter-owner@yahoogroups.com I have been living in Portmore since 1977 & we have been asking for a hospital even before my time. I wished that with the level of organization given to the toll road issue would be given to getting a hospital in Portmore. ........................ Webmaster's comment ........................ Ms. White, I do believe the Municipality has some information on this matter. You may consider it good news! ADV. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ The Jade Vine We have a wide assortment of gifts for your loved ones in Jamaica. Call 876-939-1656 or 876-704-9723 to place an order. jadevine@anngel.com.jm ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ############################################################ 7. Asking for a hospital - Anna Rosenberg ############################################################ From: "Anna Rosenberg" Date: Mon, 25 Jul 2005 21:31:44 +0100 nice to be sitting in cold old england reading all about portmore in the newsletter. i stayed in westchester 3 years ago when i was living in jamaicia about the time the mall was on fire. as a black english women i loved the country and would love to come "home" again one day. keep up the good work you are all doing in portmore i know it can be very hard out there. good luck and blessed. ........................ Webmaster's reply ........................ Thanks for writing Anna ############################################################ 8. "gaol" to "goal" - Hope McNish ############################################################ From: "H McNish" Date: Sun, 24 Jul 2005 03:47:13 -0500 Hi Kennedy, As usual, I enjoyed reading your very informative newsletter. Did you notice that the computer apparently changed the word "gaol" to "goal" in your Webmaster's comment section? You probably need to add that spelling to your computer's vocabulary. Also bear in mind that most people are familiar with "jail" -- the spelling, that is. Keep up the good work. You are making a great contribution to your community. One love, Hope McNish ........................ Webmaster's reply ........................ Dear Hope, good friends are better than gold... Thanks for being so kind as to blame the computer for the errors! I often shock myself when I read over the newsletters and see some bastardly grammatical or spelling errors... I can only hope that the readers believe I left my glasses at home! Thanks for your kind comments and feel free to correct me anytime... (I hate English anyway!) Kennedy PS. In the late 60s it was various letters to the Gleaner that corrected the name of "Healthshire" (used for over 100 years) to "Hellshire". It was contended and agreed that this was the name used in 17th Century maps. ADV. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ The Jade Vine We have a wide assortment of gifts for your loved ones in Jamaica. Call 876-939-1656 or 876-704-9723 to place an order. jadevine@anngel.com.jm ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ############################################################ 9. naming the hi-way after politicians - Cynthia Vaughan ############################################################ Date: Mon, 25 Jul 2005 12:02:16 -0700 (PDT) From: "cynthia vaughan" Hi Kennedy, I can't believe that you would really want to perpetuate the politics business by naming the hi-way after politicians. It is time ordinary citizens who have made contributions to the area are given prominence. We don't need to have any divisiveness. I believe that Portmore can be a model community by not singling out any one party official. Furthermore it is not the first that roads have been named after common people. It's time to unite and change the mindset about this party or that. lLave that for election time. What we need now is a meeting of the minds ! C Vaughan ........................ Webmaster's reply ........................ Dear Cynthia my friend, I was being somewhat tongue-in-cheek when I made my suggestions! But seriously, don't you think politicians deserve some praise too? Seaga, Manley, Rose (the 1st elected rep in 1940s), Lee, Dr. Robertson. What about Property owners and developers such as Mr. J. Matalon, Col. T. Dawkins, Mr. Hotchkins, Mr Henderson, Mr White. I seriously believe that Mr Seaga should get the key to the city for his 1960s adoption of the idea of Housing development in SE St. Catherine and Hellshire. His second term in power saw the development of the mall area and the HEART academy in Portmore. I believe that Mr. Manley should get the keys to the city for announcing an 8 million dollar infrastructure improvement plan for Portmore in the mid 1970s and directing the NHT to build houses for Poorer people. It was under him that Greater Portmore was conceived and constructed. Another candidate for a key to the city is Joseph Matalon and family for their contribution to the area starting with the Dredging project in 1966/67 to Greater Portmore in 1990. Anyway, let's place ALL names in a pot and come up with a name.... YES, please put the names of ordinary citizens in the mix! Hey... what about "Kennedy S. Reid Highway"... just kidding, jus kidding! ############################################################ 10. Traffic in Summer? - samuel mundell ############################################################ Date: Sun, 24 Jul 2005 22:56:54 -0400 (EDT) Subject: Message from Front page I am living in Portmore for the past ten years . I always look forward to summer holidays when i could leave home a little later to reach Kingston for work.This year something must have changed because i find that from school close there are more traffic on the road in the mornings i am sure the children are not just driving over to Kingston in the morning. Two observation that stop light by the causeway bridge and where those trucks crossing the road below Port Henderson turn off. Listening the traffic reports on rjr in the morning can be so frustrating because all you can hear the traffic flowing smoothly in Kingston while you are stuck over here for 2 to 3 hours. I am just watching to see what August will bring. ############################################################ 11. Time to take the next best.. on the Highway! - Kennedy Reid ############################################################ Dear PCAC and other leaders of the Portmore Protest, Like many Portmorians I agree that it is not right to take away a road and force citizens to use a tolled road. I also find it illogical for the authorities to build 100km of free North Coast highway and then say they can not afford 6km of free Causeway. I also find it unreasonable to say that the longer Mandela highway is the alternate route when it was not adequate over 30 years ago. I find it very insulting to categorise the concerns of the citizens as a manifestation of a "freeness mentality". I fully understand the reasons why thousands of poor people came up with $700,000 to fight the legal case for the preservation of the Causeway... Sadly for the residents the case was lost. I understand from those who attended the court that the lawyers put up a good fight. They even using charts to try to sway the judge. But alas to no avail. The fact is that legal objections to the designation of the Causeway as a toll road should have been done from 2002! It must be obvious to all, but a partisan few, that the case is a weak case. The case will only get more difficult to win and more costly on appeal. Consequently, I again BEG the leaders of the protest to consider another strategy since the moral case has been made. (indeed, I am sure that based on the protest the government will keep the toll cost low.) I humbly suggest that the time has come to enter into a DIALOG with the authorities in order to ensure that many of the OTHER concerns of residents are met. If the toll road must come, then the residents want... 1) A very affordable toll 2) No toll during National or local Disasters 3) A portion of the profits going to the Municipality for local use. 4) An expansion of Mandela Highway between 6 miles and the toll exit. 5) A bicycle and walking lane on the new Causeway. 6) REAL concessions for frequent daily users. 7) Preservation and access to Fort Augusta for future generations. 8) Multiple exits to ensure that there is no congestion at the 3 miles exit. The government has already indicated a willingness to talk. They offered an olive leaf by not asking for legal cost against the residents. Speaking as a citizen and not simply as a member of the PNP, I honestly sense that the poor attitude we encountered previously in the authorities has been replaced by a willingness to listen. [I suppose they are thankful that they will not be forces to break extremely costly agreements!] In fact, the relevant Minister has FINALLY stated that the toll will not be $65! I suggest to the citizen leaders that the time has come to mount a press campaign outlining their legal and moral position, but also setting out their desired terms for the inevitable replacement of the Causeway.... as outlined above. Hopefully we will not have to take to the roads to force concessions. Finally, I believe that if the government keeps the toll cost low and the residents reach their destinations faster, then there will be popular support for the toll in Portmore. Indeed, if the residents save on gas by not spending 2 hours sitting in traffic, then the moral point will be lost in the practical. The significant majority who take the buses will not be as negatively impacted by the toll as those who drive. The moral point has been made and it is time to take the next best... ############################################################ 12. PCC please mail my transcript - Carlinton Edwards ############################################################ Date: Wed, 3 Aug 2005 11:04:16 -0400 (EDT) Subject: Message from Front page hi, i attended pcc the year 96-98 day classes and evening classes, so i am ask if i can be mailed my transcript and my graduation certificate. I did not it recieve before i left jamaica. if you wonderful people can do this for me i will be happy thank you!. Please send a reply my mailing address is 655 e 234 st aptc9 bronx ny 10466. carlinton62@hotmail.com ........................ Webmaster's reply ........................ Can someone from Portmore Community College help this person. [--------------------THE END OF ENTRIES-------------------] Legal Notices - Please read 1. This newsletter makes NO guarantees of accuracy nor authorship. 2. The contents of this newsletter do not necessarily represent the views of the publisher, and do NOT represent the views of any Political Party or Community Organisation. 3. Commercial publication of this newsletter needs the express consent of the webmaster in writing. 4. Copy Rights are owned by Kennedy Reid General Notes - Please read 1. Please copy this newsletter to as many persons as you may, However, please do not alter the contents. 2. To read our past newsletters go to http://www.portmore.org/newsletters/index.html 3. This newsletter is an open forum so please feel free to send us your contributions. We do NOT edit your letters, but may delete sections that can not be published. Deleted sections will be noted. Private e-mail addresses are deleted from letters and, if you ask, we will delete your name also! The Webmaster may comment on your contribution, but reserves the last word for you. Write to webmaster@portmore.org or rhouse@cybervale.com 4. Comments made in this newsletter should be taken in a light manner as the style of this newsletter attempts to be humourous. "Why be ordinary?" - KR [--------------------------THE END--------------------------------]