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Port Authority Inc Vs Rock Hard Cement Limited with documents

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markmaloney_markcumminsThe matter of Rock Hard Cement ignoring an enforcement order issued by the Chief Town Planner continues to crowd the news cycle in Barbados. The matter was scheduled to be addressed by the Barbados Court this week, however, to the surprise of everyone, we learned that Mark Maloney, the principal of Rock Hard Cement Ltd was not served (information for another blog).

Here is a copy of a letter sent to Mark Maloney, Chairman of Rock Hard Cement Ltd from Lystra Kodilyne, Attorney-at-law for Barbados Port Inc. The taxpaying public deserves an explanation!

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115 responses to “Port Authority Inc Vs Rock Hard Cement Limited with documents”

  1. David Avatar
    David

    @Geoffrey Greene

    That was a typo, should be BTI I.e. Barbados Port Inc management.

  2. Past Zone Avatar
    Past Zone

    I feel that the top management and the chairman of the board of directors should resign or be forced out.

  3. Colonel Buggy Avatar
    Colonel Buggy

    Past Zone June 16, 2016 at 10:39 AM #
    If Maloney declares his hand, it would not only be the maguffies at the Bridgtown Port who should be asked to resign, but also those who have dropped anchor in Palmetto Street.

  4. Frustrated Businessman aka 'Refer teefin' to the DPP' my ass. Avatar
    Frustrated Businessman aka ‘Refer teefin’ to the DPP’ my ass.

    Colonel Buggy June 16, 2016 at 10:52 AM #
    Past Zone June 16, 2016 at 10:39 AM #
    If Maloney declares his hand, it would not only be the maguffies at the Bridgtown Port who should be asked to resign, but also those who have dropped anchor in Palmetto Street.

    Now we’re getting past the smokescreen and to the meat of the matter.

  5. Bernard Codrington. Avatar
    Bernard Codrington.

    IS the letter to the Hard Rock Cement for real? A lot of technocrats seem to have fallen asleep on the job. Is this a case of bolting the gates after the horse has escaped? Are we celebrating 50 years of independence or 50 years of neglect and irresponsibility?

  6. Past Zone Avatar
    Past Zone

    Bernard Codrington

    This is not neglect and or irresponsibility. This is a simple case of the management of the board of the BPI afraid for the Board of the BPI and a case of the Board of the BPI being very afraid of their Minister.

  7. Tell me Why Avatar
    Tell me Why

    David. I cannot believe you made that statement “It seems that Rock Hard’s main defense will be that Ready Mix, a similar type business, operated from the same area for many years and therefore no approval was necessary.
    ……………………………………………………………………………………………………….
    You are dealing with two separate issues. In the case of Ready-Mix, the materials placed there were temporary with no structures built. Also the state was responsible for the placement. Unfortunately, Hard Rock was using it for wholesale trade which in the first place should have been lodged with Corporate Affairs as an amendment and the intentions were to place a roof on the structure. In pure Bajan terms, it was suppose to be a warehouse or bond.

  8. Well Well & Consequences Avatar
    Well Well & Consequences

    Frustrated…the contract for leasing the property implicitly states that the landlord is aware that a structure has to be built. …but FIRST…..Maloney must seek permission from the landlord. The landlord states that Maloney did NOT seek permission…..

    Tthe letter implicitly states Maloney did NOT seek permission to build any structure, not only was he to seek landlord permission, but also town planning permissions. …he did not seek permission for anything, he is arrogant…read the contract.

  9. Well Well & Consequences Avatar
    Well Well & Consequences

    As Frustrated is hinting Maloney will have his lawyers drag the matter through the court system, he is depending on the sloth throughout the system to have his way, but he cant do that if Port Inc gives him a notice to vacate the property and tear the structure to hell down…can he.

    While they at it fire his relative Harding from the Chairman’s job at the port and get rid of the nasty practice of conflict of interest, that is what Maloney depends on to get his way.

    Then fire Jean-Marie as CEO of port as well because it was a tug of war from the conflict of interest crowd to get the property, Jean-Marie did not get the property for Peter Harris because Harding the chairman is related to Maloney….get rid of all these nasty, deceitful, treacherous people off the taxpayer’s payroll..

  10. Well Well & Consequences Avatar
    Well Well & Consequences

    BARBADOS TODAY MORNING UPDATE – June 16, 2016
    Added by Video Editor on June 16, 2016.
    Saved under Audio News Updates News Updates Video

    inShare

    “A senior Cabinet Minister signals the possibility of resigning over his Government’s treatment of legitimate business investors.”

    Is thos Donville Inniss doing bajans a favor and het the hell out of the people’s parliament.

    http://www.barbadostoday.bb/2016/06/16/nothing-foul-about-imported-wings/

    We all know something is very wrong with this double speak…what nonsense is Inniss saying….can anyone translate.

    I hope Roy Morris has a tape recording of all who tried to bribe him.

  11. ac Avatar
    ac

    Whether wunna like it or not Maloney is in the drivers seat. Past govt paved the way .Trying to undo is an exercise in futility

  12. Well Well & Consequences Avatar
    Well Well & Consequences

    ACs…yall should be ashamed as black people to make such a statement.

  13. Past Zone Avatar
    Past Zone

    ac

    Only under a DLP government made of numbskulls could a serial law breaker be in the drivers seat. And only under a DLP government made up of numbskulls could someone like you take pride in admitting that.

    Wait until the public catch wind of what the DLP has to offer, sell, trade and give away 6 days before the general election in 2013 and then we going to see if you still make those smart ass comments.

  14. Past Zone Avatar
    Past Zone

    This Rock Hard Cement thing ain’t done yet, not by a very long shot. This one like Cahill it got some real nastiness to it.

  15. David Avatar
    David

    @Past Zone

    And BU will play our part to pelt rocks at the yardfowls.

  16. Enuff Avatar
    Enuff

    Frustrated
    I repeat, it is not just about the structure! Is “berthing, bulk handling and storage of cement” buildings or ACTIVITIES/USE?

  17. Frustrated Businessman aka 'Refer teefin' to the DPP' my ass. Avatar
    Frustrated Businessman aka ‘Refer teefin’ to the DPP’ my ass.

    Enuff June 16, 2016 at 2:55 PM #
    Frustrated
    I repeat, it is not just about the structure! Is “berthing, bulk handling and storage of cement” buildings or ACTIVITIES/USE?

    Enuff, I suggest it is you who hasn’t thought this through.

    Use rights for property exist for:

    Uses that predate the Town & Country Planning Act.
    Uses for which changes from previous uses have been granted by the chief town planner or minister.
    Uses post-Act that have continued for four years without valid (as in not defeated in court) Stop order being issued by CTP.

    Maloney contends that the use-right for import, storing, processing and transporting cement on that site has existed since Kensington Oval was desecrated with the abomination of a redevelopment we paid for. He may be a narcissist like Cummings but he is clearly not stupid. If his facts are correct he is legally right to carry on that kind of business.

    The details of how Barbados got to this point are not important, that we are here with Donville crying in the background is the real challenge. Do not be distracted, there are bigger problems than Rock Hard.

  18. David Avatar
    David

    @All

    It is to be noted that Maloney’s lawyer is a former town planner.

  19. A Very Small Square Avatar
    A Very Small Square

    In the final analysis Darcy, who’s wife works at JADA, will do the dirty deed and overrule the CTP by refusing to accept his recommendation and granting the permission to Mark Maloney.

  20. A Very Small Square Avatar
    A Very Small Square

    A meeting will be convened somewhere with Darcy, much to the annoyance of MM his sponsors Donville and Chris, and MM will agree to make room at the trough so that another pig or two can put their snouts in and drink for the life of the permission to import cement and occupy Bridgetown Port lands.

  21. Well Well & Consequences Avatar
    Well Well & Consequences

    All of this incestous nastiness….and things just keep getting worse.

  22. Prodigal Son Avatar
    Prodigal Son

    @ millertheanunnaki June 16, 2016 at 9:21 AM #

    Excellent piece…………lol…… re your suggestion….I am learning from you the master and Artax!

  23. Colonel Buggy Avatar
    Colonel Buggy

    Maloney quite rightly in the drivers seat, with politicians joy riding in the back,and any time now as he approaches Hackelton Cliff, he will be bailing out of the drivers door,while ensuring that the passenger doors are locked shut.

  24. Well Well & Consequences Avatar
    Well Well & Consequences

    Colonel…as they will all well deserve, let’s hope a couple yardfowls are also on board, they are all despicable, low class subspecies.

  25. Pachamama Avatar
    Pachamama

    @ AC, 1:04

    You really think that in the ninth years of a DLP government it still mek sense to harken back to the bad days of the BLP.

  26. ac Avatar
    ac

    All that matters is the TRuth be it told yesterday or today

  27. Old Baje Avatar
    Old Baje

    @ A Very Small Square

    You might be right but I don’t think they expected this much glare. And now that Roy Morris’s cojones are growing they cannot escape intense public scrutiny.

  28. David Avatar
    David

    @Pacha

    In 2007 when BU fired up you comment was being directed at BLP yardfowls, in 2016 there is role reversal. Around and around we go…

    A fowl will always be a fowl.

  29. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @Frustrated Businessman at 3:40 PM your comment that “Maloney contends that the use-right for import, storing, processing and transporting cement on that site has existed … He may be a narcissist like Cummings but he is clearly not stupid. If his facts are correct he is legally right to carry on that kind of business.” is good.

    Your posts have been quite enlightening and generally devoid of only partisan fluff of some others.

    Even if there is possible existing zonal usage approvals at that site, we still come back to the basic issue of permission to build. He never got that from his lessor or from TCP.

    At day’s end this is absolutely much ado simply to affirm a required party donation – as others have noted.

    This entire episode was being done in full glare of the public and the bosses at the Port (as noted above); so any executive could have inquired and stopped proceedings in the absence of lease approvals, if they so desired.

    At least we get to see the donation payment played out brazenly in public…and some enjoy it as some TCP power-play.

    But seems to me that you and @Col B appreciate it as the ‘inside-cricket’ racketeering play that it truly is!

  30. Geoffrey Greene Avatar
    Geoffrey Greene

    What is the situation with the building of the illegal cement bond at Spring Garden? Is work still on-going or has it ground to a halt?
    What is ADM’s position on the locating of a cement manufacturer next door to the lone flour mill in Barbados??

  31. Geoffrey Greene Avatar
    Geoffrey Greene

    It would very informative if we could see the import and customs documentation for the Rock Hard cement imports. Maybe this will tells us what price Mr. Maloney is paying to buy the cement, that will confirm one of two things-

    i) If the cement is being ‘dumped’ into Barbados

    ii) If the activity of importing cement is really a cover for something else such as a sophisticated mechanism for moving accumulated rewards denominated in BDS$ into a foreign currency like US$ or CAN$

  32. Well Well & Consequences Avatar
    Well Well & Consequences

    Godfrey…with that dishonest clown Bjerkham allowed to sit in the central bank by a dishonest government minister…….you just said it all.

    The black government ministers are selling their own people down the river….why do you think Maloney got more and more uppity and more and more arrogant….8ver the last 12 years.

  33. Well Well & Consequences Avatar
    Well Well & Consequences

    Geoffrey Greene…..

  34. Geoffrey Greene Avatar
    Geoffrey Greene

    Well Well & Consequences

    You will shortly have to call him, Sir Clown. Some people will not let a couple of hundred thousand dollars stand in between them a knighthood. The white people in Barbados surely do have the knighthoods lock down.

  35. Well Well & Consequences Avatar
    Well Well & Consequences

    It’s a disgusting shame and disgrace that all the crooks on the island are held up to this status for the young people to respect….who should not be respected…they are criminals….all of them and the nastiness for government ministers and politicians enable their criminality…..crooks….. Bjerkham, Cow, Bizzy, Leroy Parris, Peter Harris, Maloney, Tempro, Altman…etc…all of these will seek and acquire pimphood titles to keep the island in a perpetual blight of criminality….all the politicians should be hung…, for misleading and lying to the people, particularly the young people who are unaware.

  36. Colonel Buggy Avatar
    Colonel Buggy

    Geoffrey Greene June 17, 2016 at 6:45 AM
    But usually not the mickey mouse version of knighthood, they seem to demand one directly from Buck House . Its surprising that we have not heard any announcement of the Queen’s Birthday Awards to Bajans.

  37. David Avatar
    David

    Dale Marshall There are, of course, many issues in this debate, some central, some subsidiary. May I offer from the benefits of my legal experience, the following: an enforcement notice is issued by the Chief Town Planner (CTP) where it is felt that an individual did a development, for example, building any structure, without having first obtained the permission to do so from the CTP.

    When the enforcement notice is served, the developer can appeal to the court or apply to the CTP for permission to retain the structure. The CTP can then say yes, or no. If he says no, then the developer has the right of appeal to the Minister responsible for Town Planning.

    It is only after those avenues are exhausted that the CTP is permitted to cause the demolition of the structure.

    I have to assume that all of the processes were followed, and the ultimate answer would have been "no".

    After all this, Preconco would then have been directed to remove the structure. It is only where Preconco did not comply with the direction to remove the structure, that the CTP is able to remove it.

    That being the case, Preconco must have ultimately the lawful direction to remove the structure.

    I use that roundabout daily, and I have never felt unsafe at the presence of the structure in the roundabout. But for me, that cannot be the point. We don’t get to pick and choose which laws we follow and which laws we ignore. That is the absence of the rule of law.

    May I also offer the following last comment. Preconco is a major construction company in Barbados, with a whole cadre to technical people on staff or available to it.

    Why should an elderly man in the depths of the country living on a cart road be expected to seek town planning permission to add on a room to his house, but Preconco or any other big company, with all the knowledge, expertise and finance to be able to comply with the legal requirements, be given a free pass when they do not follow the law?

    If the old man in the country must comply, so too must the corporate mogul.

    Perhaps we might also address the contractual arrangements for the opportunity to maintain a roundabout or any other public space.

  38. Pieceuhderockyeahright Avatar
    Pieceuhderockyeahright

    @ Dale Marshall

    If only your hands were clean of the anecdotal blood of the Christ.

    Here you are speaking of “If the old man in the country must comply, so too must the corporate mogul.”

    Let him who is without sin cast the first stone.

    The DLP is the worst government that the country Barbados has had but certainly when I see you and Mia Mottley leading the charge for righteousness and the administration of Law for Barbados it carries me swiftly to thinking of Lucifer fighting in the army of the Lord during the final battle of Good against Evil

    If thou wouldst be holier than them, we would be grateful if you would under the “pressage” of Freedom of Information, publish your assets to the Bajan public @ 2016.

    But none of you can’t

  39. Pieceuhderockyeahright Avatar
    Pieceuhderockyeahright

    can*

  40. Pieceuhderockyeahright Avatar
    Pieceuhderockyeahright

    @ The Troika in waiting

    And lest wunna beleive that wunna according to you, will ” be given a free pass when they do not follow the law” here is a quick reminder to let all uh wunna politicians dat tink dat we bajans prepared to get rid uh dem as*es to elect wunna despots, THINK AGAIN

    http://imgur.com/NnFqE4a

  41. David Avatar
    David

    Dale Marshall:Mr. Maloney is reported in Barbados Today as saying…” I haven’t a clue about what is going on at the roundabout. Somebody may be stealing the plants!”

    If this was not so sad, I would be laughing!!

    What inept thieves!! They even posed for pics and chatted with people who slowed down to enquire what was up!
    Like · Reply · 4 mins

  42. Charlie Avatar
    Charlie

    David

    Mark Maloney is a spiteful man, especially since his knighthood is now an impossibility and Rock Hard is a damaged brand. Thats why he is intent on leaving the Lears round about bare, this is his way of sticking his middle finger up at the public and the public service.

    The cruelest blow of all is how easy the PM and MOF has thrown him under the bus both issuing edicts that he is to be shunned until after the pending election.

  43. Charlie Avatar
    Charlie

    I also find it quite amusing that Mark Maloney allowed the geriatric scammers (BW, BB,COW and BS) to push him as the front man for all these ‘deals’. He does have to be grateful though, at least Bjerkhamn refused to make him the front man for Cahill when that scam was being put together.

  44. Pieceuhderockyeahright Avatar
    Pieceuhderockyeahright

    @ Charlie

    You do the geriatric scammers Bizzy, Bkarkham Calf and BS a serious disservice.

    “The Code Noir initially took shape in Louis XIV’s edict of 1685. Although subsequent decrees modified a few of the code’s provisions, this first document established the main lines for the policing of slavery right up to 1789.”

    Charlie, do you study people? I have a little hobby, watching people and what they do and I then try to understand why they do what they do.

    THose geriatric scammers understand the opportunist that Baloney is.

    He is predictable, he is their “pitbull” who believes that his reward will be their inheritance when they die so he HAS TO BE WHAT HE IS, to show his loyalty as he seeks to ingratiate himself to all of them.

    The issue with predictable dogs like Baloney is that they cant think, rather, see too far beyond their leash.

    His would be the understandable hope that (a) one of his dog masters dies and he is left to rule their kingdom and or (b) all of them die, simultaneously and he, by some miraculous rule of succession, becomes the massa of these investors.

    Ergo his alacrity and ignoramus attitude which he sees in Sir Calf and which he has incorporated? into his style of encounter with the niggras, Chief among whom is the Chief Town Planner who is “an uppity nigger”

    But I digress from that Code Noir thingy didnt I?

    Whites stick together and so do “ecky beckys” but Baloney is not an “ecky Becky” so the Code Noir rule that prescribes the inheritor CANNOT, BY ANY METHODOLOGY OTHER THAN LUCRETIA BORGIA METHODOLOGIES, bring Baloney to that throne, “he shall always be a bridesmaid but never the bride.”

    And lest baloney shall forget I would wish to recall to his mind Article of the Code Noir which states “Article XII. Children born from marriages between slaves shall be slaves, and if the husband and wife have different masters, they shall belong to the masters of the female slave, not to the master of her husband.”

    Baloney should now understand that according to such clearly defined and practiced rules that he ent really one of them privileged geriatric scammers” but is in fact “a belonging” to be used and ultimately discarded by the true massa

    Bless his pretensive soul!

  45. Well Well & Consequences Avatar
    Well Well & Consequences

    Piece…..like all wannabes, the pretentiousness continues….lol

  46. David Avatar
    David

    Really?

    Workers back at Rock Hard

    Kenmore Bynoe,

    Added 18 June 2016

    rock-hard-cement-plant

    A worker atop the Rock Hard structure yesterday. (Picture by Kenmore Bynoe.)

       

    The partial building is at the centre of a court case between the Town and Country Planning Department and the Rock Hard Cement Company.

    The Chief Town Planner Mark Cummins served an enforcement notice on the company on May 20 ordering that its construction be stopped.

    However, businessman Mark Maloney, owner of the company insisted that he was doing nothing wrong.

    This week the matter in which the company is accused of refusing to carry out the instructions of the Chief Town Planner went before the District “A” Magistrates’ Court and was adjourned until June 24 by Magistrate Douglas Frederick. (KB)

    – See more at: http://www.nationnews.com/nationnews/news/82327/workers-rock-hard#sthash.wigMIfi0.dpuf

  47. Charlie Avatar
    Charlie

    @David
    I have it very good authority that Rock Hard Cement has contracted Structural System/BRC to install the roof on the illegal cement bond by the Flour Mill. We do need to know if Williams Industries Limited is partaking in the illegal action down there.

  48. David Avatar
    David

    @Charlie

    Unless there is proof is incomprehensible that Bizzy would undertake work with an enforcement order being ligated.

  49. Charlie Avatar
    Charlie

    @David

    Money is involved brother.

  50. Well Well & Consequences Avatar
    Well Well & Consequences

    So…let them continue, we will know how serious Fruendel is when a cease and desist order is served on the other criminal Bizzy Williams and we will also be able to confirm that the 10,000 dollars a year for 3 years he publicly offered the police….is indeed bribe money…it can all be then tied together….if Fruendel is serious about stopping law breaking by Maloney, Bizzy et al.

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