djangali acdec board

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9/6/15, 3:38 PM Print Page 1 of 4 about:blank Subject: ACDEC endosorsemnt of illegal guesthouse From: coralations ([email protected]) To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Cc: [email protected]; [email protected]; Date: Thursday, February 19, 2015 10:49 AM Thank you for responding Tere: Im frustrated beyond words at this disappointing news, but let me try to articulate our position, and please understand that this is not directed at anyone personally. (Im asking Rosarito to please translate this as well for re-circulation.) ............ 1) That ACDEC voted to endorse illegal construction based on existing illegal businesses in the neighborhood, is illegal in itself. The board is guided by public policy and regs as established by law 66. ACDEC is legally required to take action against those violations, not use them to support decisions that legalize a corrupted planning process. 2) The way we were moving, would not have impacted those locally owned guest houses. I told Ivet this. Now, I dont know what ramifications then actions we have to take will trigger. 3) That a decision to legalize this illegal structure- (that continues to operate unimpeded by ACDEC or the Municipality as a big money guesthouse) was in any part based on the existence of other illegal businesses operating in the area, clearly seems the crux of the downfall of the the entire island today. 4) That an endorsement cannot be supported by the existence of more or other illegal structures or businesses that ACDEC and OGPe fail to enforce, should be intuitive to those even without a legal background. 5) This was one of the points we made in the OGPe motion for reconsideration of the illegal CCO issued by that agency, and involving a fraudulent document from ACDEC. 6)Through the course of these OGPe hearings, Djangali's implicated ACDEC and the Mayor in this fraud- saying they thought the Mayor did not remember signing it. 7) Djangali's lied to OGPe in a motion saying they understood the guest house to be a violation of zoing and that they were no longer promoting online as a business. Djangali is a licensed realestate agent. They continue cashing in despite the OGPe ruling in our favor- that the building was constructed with NO PERMITS. 8) We are not sure if Djangali's, ironically, have referred the fraudulent ACDEC doc to the DOJ yet, but my guess is based on the level of fraud we have seen from them so far, they likely will. Expect to see their

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ACDEC board knew nothing of the OGPe hearing ruling the guest house illegal and that even apt rentals by non-residents is illegal in that zoning? What did they base their decisions on? Project opponents who had to ask for a hearing and prove to the planning board the project was illegal and committed fraud, ironically at ACDEC, with a previous fraudulent ACDEC endorsement - never got to speak to the ACDEC board. Apparently ACDEC attorneys failed to provide board with all the documents showing project was illegal.

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Page 1: Djangali ACDEC Board

9/6/15, 3:38 PMPrint

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Subject: ACDEC endosorsemnt of illegal guesthouse

From: coralations ([email protected])

To:[email protected]; [email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected];

Cc: [email protected]; [email protected];

Date: Thursday, February 19, 2015 10:49 AM

Thank you for responding Tere:

Im frustrated beyond words at this disappointing news, but let me try to articulate our position, and pleaseunderstand that this is not directed at anyone personally. (Im asking Rosarito to please translate this as wellfor re-circulation.)............1) That ACDEC voted to endorse illegal construction based on existing illegal businesses in theneighborhood, is illegal in itself. The board is guided by public policy and regs as established by law 66.ACDEC is legally required to take action against those violations, not use them to support decisions thatlegalize a corrupted planning process.

2) The way we were moving, would not have impacted those locally owned guest houses. I told Ivet this. Now, I dont know what ramifications then actions we have to take will trigger.

3) That a decision to legalize this illegal structure- (that continues to operate unimpeded by ACDEC or theMunicipality as a big money guesthouse) was in any part based on the existence of other illegal businessesoperating in the area, clearly seems the crux of the downfall of the the entire island today.

4) That an endorsement cannot be supported by the existence of more or other illegal structures or businessesthat ACDEC and OGPe fail to enforce, should be intuitive to those even without a legal background.

5) This was one of the points we made in the OGPe motion for reconsideration of the illegal CCO issued bythat agency, and involving a fraudulent document from ACDEC.

6)Through the course of these OGPe hearings, Djangali's implicated ACDEC and the Mayor in this fraud-saying they thought the Mayor did not remember signing it.

7) Djangali's lied to OGPe in a motion saying they understood the guest house to be a violation of zoing andthat they were no longer promoting online as a business. Djangali is a licensed realestate agent. Theycontinue cashing in despite the OGPe ruling in our favor- that the building was constructed with NOPERMITS.

8) We are not sure if Djangali's, ironically, have referred the fraudulent ACDEC doc to the DOJ yet, but myguess is based on the level of fraud we have seen from them so far, they likely will. Expect to see their

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allegations in the papers shortly before the elections. It will likely be a race btw ACDEC and Djangali's to theDOJ and whomever gets there first, wins. . Lcdo. Celso said he was referring it, so I hope he did.

9) We actually won the hearings at OGPe, and Im surprised to learn board members did not read the press, orthat Lcda. Beatriz did not copy all ACDEC board members the ruling that the Djangali house is completelyillegal, and that their permit "gestor" threw employees of ACDEC under the bus when fraud was uncovered.Djangali's implicated the ACDEC employees, and then accused the Mayor. Fraud is a felony offense in PR.

10) ACDEC does not have the wiggle room under law 66 to legalize, illegal structures. While its true theother agencies do legalized illegal activities like this, or so they move when there is no credible legalopposition, we wont let it happen to law 66. This is too important to Culebra.

11) The general public is fed up with this tourism mis-management being forced down everyone's throats atthe expense of local quality of life by the big island powers that be. That's why Ricky Cepero lost theelections.

12) When ACDEC does not operate according to the law that defines it, it opens itself up to legal, and in thiscase I feel even moral scrutiny, given the low income- public parcelas are clearky at risk. This is exactly thesocial justice/ coastal zone management issue ACDEC was created to address in order to protect theCulebrenses. The legalization of thenproject will force families with kids who cant sleep next to their partypallace out of their residential neighborhoods, neighorhoods the municipality and ACDEC are supposed toprotect.

13) This action compromises millions in federal coastal zone managment dollars sent to Puerto Rico annuallywith Law 66 as one of the few examples of a Coastal Zone Management Plan nationally, that has beenactually codified. Money ear- marked for Culebra by this program likely has never made it out of the DRNAto get to Culebra for years.

14) If Tilsa failed to recuse herself from the vote, there could be conflict of interest, given that her husbandcreated an illegal landfill when he demolished and burried (without permits) Rolando's house on theirproperty and while on Djangali's payroll.

15) We are not going away on this and we TRULY RESPECT THIS MAYOR. It is truly frustrating to havelegitimate concerns continue to be ignored as this new ACDEC endorsement reflects.

16) I have remained rooted through many such hurricanes and against the typical accusations that we areopposed to "local job creation." Accusations that were just as false when the Navy used them against thosedefending the island from twisted NATO military target practice.

17) ACDEC and the Asamblea have been copied letters and a petition from neighbors against this project-although it does not seem clear if the board was even notified of this?

18) We know who the Djangali's are from a. well-documented illegal activities, b. lies about construction, c.physical threats against neighbors, d. abuse of local police and courts to intimate neighbors and me, and e.accusations against the Mayor and ACDEC employees.

Q. Where is the "fairness" in that decision for those legal, long-term resideintal neighbors?

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Q. Where does this illegal guesthouse crazyness end? I personally think it ends with St Thomas- out of control crime, gentrification of the local community, racialconflicts and a "no plan" trashed- tourism product no low-impact, valuable visitor will ever want to return to.

In any event, thank you for demonstrating the respect to the public to inform us what ACDEC did.

Mary Ann LuckingDirectorCORALationsPO Box 750Culebra, PR. [email protected]!!!

On Feb 18, 2015, at 6:45 PM, Teresa Perez <[email protected]> wrote:

Hi Mary Ann, The first part of you communication was correct, we will endorsed the permit ifthey comply to some changes to the construction. I understand they are asking for areconsideration but we have not meet to see that document. It is very hard to prohibit aconstruction base on they been a guest house when there are 2 or 3 rental/guest houses in thatsame road/area. The permit they are asking is for long term rental.you mentioned some hearings about this case. When was the hearing? do you have someinformation?

On Wed, Feb 18, 2015 at 6:30 PM, coralations <[email protected]> wrote:Saludos Tere: We were informed by the ACDEC attorney, Beatriz, that an endorsement wasissued for the illegal guest house built and operating in the parcelas by the Djangali's,contingent on them tearing down the car balcony and moving air conditioners to the roof. Wewere also told that Djangalis submitted a motion for reconsideration to ACDECsaying they want to make no modifications and the ACDEC attorney sounded like ACDECwould consider this. What? This is truly unbelievable to me, given the fact that these peoplesubmitted a fraudulent endorsement and implicated ACDEC employees and Mayor as theperpitrators of this fraud to OGPe in the hearings. We prevailed at the hearings. Hoping youcan please let us know if there was an ACDEC meeting recently, and if the board issued a newendorsement?I simply refuse to believe it.

Many thanks,

Mary Ann LuckingDirectorCORALationsPO Box 750Culebra, PR. 00775

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[email protected]!!!

-- Tere Perez de Cofresi