St. Maarten Private Eye

SXMPrivateEye -

I have sent your website address and link to this node to the CEO of both the Westin Hotels Division and the CEO of Starwood Hotels that OWNS and REGULATES the Westin Hotels franchises. It may be that they are in the dark about the goings on in Dawn Beach. When I called there today, the person that I spoke with seemed like they had already fielded many negative comments about the property and it's owners .

Here are the names for your readers to contact and for you to give a chronological timeline of events that went on down at the Westin at Dawn Beach and the further goings on at Dawn Beach . Corporate may not be too happy about the D.B. Westin's antics from the day they broke ground to today, it gives the name "Westin" a bad and negative name that is not typically associated with "Westin".

I'm sure that the US publications would frown upon the "Westin" ( which is a recognizable U.S. brand name ) being an environmental polluter, beach encroacher, user of illegal alien workers as well as a lousy neighbor. That is all very negative stuff and could be harmful to their name and reputation .

Mr. Steve Heyer
CEO of Starwood Hotels
1111 Westchester Avenue
White Plains, New York 10604
1-914-640-8100 phone
1-914-640-8310 facsimile

Mr. Ross Klein
CEO of Westin Hotels
1111 Westchester Avenue
White Plains, New York 10604
1-914-640-8100 phone
1-914-640-8310 facsimile

and you may reach their offices and direct email to them at :

consumer.affairs@starwoodhotels.com

Seeing as you have sent them the link to this page there is really no need for me to write to them as I suspect they may now be reading and may even choose to comment here.

Two items in today's Daily Herald, nothing in the Today.

Win-win agreement reached in Westin/Dawn Beach Road issue - 11th January 2007

Letter - Corporate Citizen Westin, a 5 Star hotel?

And you can read it all from beginning on the Dawn Beach Thread.

A well respected resident of Dawn Beach speaks up and rips into Westin and the govt that cheered on it's development with reassurances that are now revealed to have been feeble or imaginary at best.

Letter - Monique Hofman-Ruigrok - Dream on if you think Westin is an asset for St Maarten - 15th January 2007

Let us not forget that the permits for this development were approved, 10 - 1 by the Island Council and that expert opinions were discarded. Most of all, let's not forget Villa Gillian.

Still no news on the Win-win agreement.

LH

It is unbelievable but true. Westin has retained the services of Cor Merx...I guess that they think (just like the Gibson office) that a close affiliation to Mr. BrokenHeart is good for their public image. I dont understand their logic. There is according to me not an ounce of respect left on this island for Mr. Merx ... and that is readily apparent to all ..... Is Westin getting desperate?

Aren't there laws prohibiting the practice of law by non-lawyers in the N.A.? I can't believe he can practice law when he is not a member of the bar.

Westin must be desperate to retain services of someone who is not even admitted to the bar of the Netherlands Antilles. Someone who pretends to be an attorney but really is not even close to being one ...

We have news… Here is the word for word letter of January 12, from Westin legal advisor Cor Merx in response to a complaint lodged against the hotel. No I did not make any typos. This is what it is. Raw. Judge and laugh for yourself:

(start quote) "Dear,

My office (Cor Merx legal services) is representing Columbia Sussex Corporation aka West In Hotel at Sint Maarten.

The problems of the “closing” of the road are solved with Government by this week. I do not have the freedom at this moment to explain the details of the agreement with Government. I have to get back for that to my client.

Client does not see or feel the interest of the Dawn Beach foundation by that road because the road is part of the private property of client. Beside that the mentioned road is not mentioned in the ‘Meetbrief’. So client has the right and the freedom to open or to close the road.

I am not aware of problems with septic tanks. I have to evaluate that with my client in a meeting I will have next Tuesday.

As an ober dictum, my client wants to express that it is their policy and intention to live in good hramony with the environment (in any way).

So I would suggest I come back on your matters after Tuesday when I finish my meeting with my client.

This letter has the intention to satisfy your request for an answer before January 16th before 17.000 hours.

Cum amicorum and respectfully yours,

Cor Merx" (end quote)

P.s. If this is the level of professionalism of Westin. We are in for a ride.
P.s two. He really wrote 17 thousand hours!!

" My client wants to express that it is their policy and intention to live in good harmony with the environment (in any way)." The nerve of these people. They have the balls to say this after completley destroying Dawn Beach.

His client West In (according to his writing) do not know what it is to live in good harmony, they have become the poster child as the ugly Americans in the Caribbean.
He reffers to their septic PLANT as Septic tanks! for gods sake man go take an English course or go educate yourself about your imperialistic West In!
One wonders why Merx is is still walking around St.Maarten making a fool out of himself and with this letter he has proven he is a fool.
If anyone has this original letter written by Merx, I ask you to run it over to our local comedians, that is if they dare to ridiculise Merx- saying that, I hunger for good comedy on this island, a BORAT style Merx would be a great laugh for this island. I for one would still like to see this letter in it's original form for the laughs.

What am I missing in the last three paragraphs of this page of the Babit bay permit? Am I confusing my roads, my secondary roads or what?

His client does not see the interest of the Dawn Beach residents for the road, I'm sure that is true, his client doesn't appear to give s**t about them. No fire engine can come down the hill road if it is wet, not sure if an ambulace could either. Even a regular car can be very dangerous.

His client wants to "live in harmony with the environment, in any way".

Does this dark comedy ever end?

LH.

The road on both sides of the Westin road are private as well. The residents have always taken care of these roads. That is the reason for deteoration through the years. Westin is blocked in, if they claim their road we will claim our roads.
If will become a no-laws, no traffic ordinances free zone.

I have just read the most incredible news on PE, Cor Merx working at the WESTIN? What a combination, the corrupt and the corrupted, they make a great team. So WESTIN has hired a ex-prosecutor who was invloved with illegal doings while he was chief prosecutor. Tapping phones, driving a jeep that he personally confiscated from a drug dealer, allowing early release prisoner schemes without the authorisation of his superiours, asking money from the prsioners for their early release.
Some will ask where did the money from the prisoners come from? Well, they were mostly Columbians and Dominicanos, they use money from their drug dealings and with their early release they were sent back to their home country.
WESTIN USA should pay attention, time to start asking what the hell is going on in St.Maarten. If they do not investigate, I do hope that our RST and Dutch investigators will do something. The only people Cor Merx had backing him were the Michael Ferrier and the Joyce Wathey clan. Of course because Merx refused to check out the case Ferrier vs Fleming, Micheal Ferrier sees Merx now as his saviour.
Now Brenda Wathey has the activities desk at WESTIN, so Merx feels right at home with his Wathey family clan. What a sad, pathetic man who fell so heavily from grace. Now the WESTIN has him, what a sad, pathetic, fugly hotel development.

Great team!, add in the heavy equipment mafia Toochie and Co, what a story, ready for a prime t.v. I agree with someone who wrote before, maybe it will take 60 minutes to make WESTIN CEO's open their eyes.
If that is the case, 60 minutes, St.Maarten is begging you to come to St.Maarten.

They might be really getting desperate when they hired Mr. BrokenHeart. However, it also might have to do with the fact that they seem to have this strategy. They use different law firms and legal advisors from St Maarten and have even used law firms from Curacao for different legal issues. By doing such they probably think that none of these firms will be eager to undertake any action against them. How they are wrong ...

Does Steve Heyer know that Westin has engaged a convicted criminal as an advisor? Somebody should tell him. Anybody has E-mail info?

Why only cheer now that a so-called well respected citizen of Dawn Beach speaks up? Did no one read the article on the front page of the DH of January 10, 2006? Or all other letters written by others which were published long before Mrs. Hofman dared to speak up?

this is typical , everyone open their big mouht ONLY after " fait accompli'"
the various "Cassandras" that spoke previously were either silenced or discarded as mere nuisance.

the Westin is an orrible construction ( but is not the only one unfortunately, look at Rainbow and the coming soon Aquarious)) we all agree to it, the valley is gone the beauty is gone,it is the Triumph of Money over Beauty!

SXM politicians travel the world, is behond my conprehension why they would accept cheap and bad designed constructions in their own Island their home and the generations to come.

Why not respect the landscape and the environment by setting a STRICT code of construction, why pulling down their pants as soon as they see the dollar sign? where is their pride. Today you can travel the world with your finger tips.
SXM politicians ,please, go the the web sites of beautiful resorts around the world and look how they are built. Respect of the surrounding landscape is the top priority. The constructions of hotels are merely disturbing it, combining beauty and business is a powerful tool to make tons of maney and make everybody happy, Island residents , business people, politician.
When it is going to happen? This Island is too small to keep experimenting with ugly buildings upon ugly buildings. it will take 2 or 3 more generations of ST. Martiners to undo what is done today. what a shame!
When are we going to land in the third millenium?
Where are the brains?

I practice law in the United States and I visit Sint Maarten every year for vacation. I have read the many reports on Westin / Columbia Sussex and the frustration of the Sint Maarten people about unfair practices and allegations that the resort owners and operators bribed their way into Sint Maarten with suspicious deals renting a villa from a government official and making all kind of promises about future jobs at the resort and more.

U.S. firms seeking to do business in foreign markets fall under the Foreign Corrupt Practices Act. The FCPA prohibits corrupt payments to foreign officials for the purpose of obtaining or keeping business. That means paying, offering, promising to pay (or authorizing to pay or offer) money or anything of value is prohibited and subject to high fines and imprisonment.

You can read more at: http://www.usdoj.gov/criminal/fraud/fcpa/dojdocb.htm

I suggest that the writers to this board get information, compile a report and lodge a complaint with:

United States Department of Justice
Fraud Section, Criminal Division
10th & Constitution Avenue, NW (Bond 4th Fl.)
Washington, D.C. 20530
phone: (202) 514-7023
fax: (202) 514-7021

internet: USDOJ - Foriegn Corrupt Practices Act
email: FCPA.fraud@usdoj.gov

I think the above means that you print out the details and put them in a file, sending them to the authorities as a complaint - Americans seem to like thick files. Maybe if several of us did this it may get the attention of the authorities in the USA.

The link in the previous post which I have now fixed will lead you to the US Dept of Justice site section about the Foreign Corrupt Practices Act.

Hopefully some legal minds out there will have some time to do some reading, I think this section in particular.

CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS

Hady

Jess posted a few photos and some thoughts on road a week ago but I missed it. Well worth a read. Leave her a comment, she loves to get them. Comments are a big part of what keeps a blog site interesting and people coming back, it also motivates the writer/s and others to start wrting.

SXM Living Blog Post - Win Win at Westin? - 13th January 2007

Flipper

As it happens, we at SXM PE have been covering the Westin debacle since plans were first announced. You will find all newspaper articles and letters from over the past two years or so in the Dawn Beach Thread. Just scroll down the right hand side of any page to find the Main Thread list then find Dawn Beach.

I am guessing that the DH article you mention is the one from this year about the communities filing offical complaints, it was mentioned in the orignal post of this thread.

LH

January 12, 2007

Mr. Steve Heyer
CEO of Starwood Hotels
1111 Westchester Avenue
White Plains, New York 10604

Dear Mr. Heyer,

My husband and I are long time frequent Westin Hotel clients .

I’m writing to you today as a concerned resident and owner of properties in Dawn Beach St. Martin N.A. , where there is a Westin Resort, Spa and Residences coming into it’s final stages of construction . I would like you to go to this website where you will find a chronological account from ground breaking to present, of the happenings of the Hotel that bears your name. It is not a flattering account. http://sxmprivateeye.com/node/7907

I’m not sure that you are aware of the fiasco and problems that have occurred and are presently occurring at the site of this new Westin , but that link above will show you, in detail, many of the environmental issues as well as many of the issues dealing with sewer systems , topography , code and plan, beach , road usage and employee and laborer issues.

I'm sure that U.S. publications and Westin users as well as Environmental Groups would frown upon the "Westin" ( which is a recognizable U.S. brand name ) being accused of being an environmental polluter, beach encroacher, user of illegal/ undocumented/alien workers as well as a lousy neighbor. That is all very negative and could be harmful to the Westin name and reputation .

Perhaps you should contact the franchise owner, Columbia Sussex, and ask them why they are continually breaking laws and rules put forth to them by the Netherlands Antilles Government and tell them that they need to adhere to these or you will pull your sponsorship of the “Westin” brand that they fly their flag under. I would like to know what you can do to remedy this situation and I would appreciate a follow up by you to this terrible and unfortunate situation .

The valley of Dawn Beach was too small to accommodate such a huge project like this . It is an eyesore that is reminiscent of a Costo warehouse . The Residences ( 99 condos ) at The Westin Dawn Beach are out of place and far too dense for the area . The Westin has claimed that the main road going over Naked Boy Hill ( which is called Oyster Pond Road ) is private and that they own it . This road has been the main road to private villas in the Dawn Beach Estates, Tamarind Hills and Red Pond Estates area for more than 25 years. The Westin continually take their container trucks and park them across the road so that no one may use it . (including Firetrucks and Ambulances) Local workers have twice now for an entire day , blocked the entrance to The Westin as a show of protest because they were not allowed to use Oyster Pond Road per The Westin. So they boxed in the Westin and did not let taxi’s / trucks / cars / hotel guests in or out etc. They have now constructed a metal fence in the middle of the Oyster Pond road to prevent trucks from using it . This is a hazard . It is at the bottom of a 100 ft. steeply graded hill and at night you cannot see it because they have no lights there . It comes out of the night like a panther. I have almost run into the damn thing. It is a liability and I hope the Westin has huge insurance incase someone runs into in and gets a metal pole thru the heart. I cannot tell you how dangerous this is .

The Septic System for the Westin Hotel, which is supposed to be underground, is sitting on top of the ground up the hill from the resort on the side of Oyster Pond Road . Dawn Beach Estates residents have a wonderful view of it , can smell it and hear it all day, everyday . When they were transporting this huge metal tank to that spot , it fell off the 18 wheeler and landed on the road and an emergency vehicle could not pass because it blocked the entire road . What a mess.

It appears that the Westin property has encroached on the public beach. They have brought in dirt to make it look like they aren’t on the beach and they spread woodchips and trees around , but they have without a doubt encroached on the beach about 30 feet . I have pictures and video of that beach from before they started construction and from 20 years ago and you can clearly see the difference . There is a sea turtle population that lays it’s eggs on Dawn Beach and Red Pond , I guess those sea turtles will have to go to another beach or have their eggs risk getting destroyed. You will see the concrete mixers where they would wash their huge buckets it the sea when they were finished for the day and you will see that the mangroves and retention pond that they filled in, is gone. This was crucial to the ocean . They built a culvert from a retention pond uphill from the Westin directly into the ocean . ( which is a no-no ) When the water runs off the mountain area into the valley , it runs into the retention pond and flows into the culvert which directly empties into the ocean . If you look at the ocean on a rainy day, you will see that it fills up with sludge and darkens the ocean water .They are presently making that retention area longer and larger to accommodate the run off from the 800 ft. mountain behind them. Flooding will be huge in this area now and the ocean will be getting additional sludge in it from whence it did not.

The Dawn Beach Estates/ Tamarind Hills area residents believe that the up tick in crime and related break-ins in the immediate area ( up the hill from the Westin ) are a direct result of the undocumented/illegal workers and laborers the Westin hired. The feel that those laborers work at the Westin at night and watch the houses on the hills and prowl at night . Though, this is not proven , it is the talk amongst residents . Most residents pull down their hurricane shutters at night and lock them because these brazen criminals, enter the house at night whilst the residents are sleeping and steal from them . A babysitter up at Atlantica Condo’s was brutalized/raped on New Year’s Eve night . It is getting scary living in what used to be the most serene, pleasant , non violent place on St. Martin . It has become a paranoid and hostile battleground . Surely not he paradise we all bought into so long ago .

I’m asking for your help in resolving some issues , afterall , it is your name on this product and you wouldn’t want people to go around thinking or writing about your product as an environmental polluter, beach encroacher, user of illegal/ undocumented/alien workers as well as being a lousy neighbor.

Thank you for your time and consideration.

Sincerely,

(name withheld from sxmprivateeye)
Owner - Dawn Beach/Oyster Pond
(email address withheld from sxmprivate)

cc: Mr. Ross Klein - CEO Westin Hotels
comsumer.affairs@starwoodhotels.com

This was the response I received from my email. It's disheartening to say the least . I sent letters hardcopy as well.

Dear ( name withheld from sxmprivateeye ) ,

Thank you for your email to Steve Heyer, CEO of Starwood Hotels & Resorts Worldwide. On behalf of Mr. Heyer, please accept this letter of apology for your frustration with The Westin St. Maarten, Dawn Beach Resort and Spa.

I was very concerned to read of your concerns regarding the construction workers and the actual construction of the hotel.

Please be assured that Starwood Hotels & Resorts Worldwide strives to maintain the highest quality of customer service and integrity. As a result of your feedback, I have opened the above referenced customer service file and forwarded it on to the hotel management for review and comment. I have also requested that they copy me on any response sent to you.

Thank you again for taking the time to share your concerns with us and for the opportunity to respond.

Sincerely,

Tom Donovan
Consumer Affairs Executive Division

TRACKING NUMBER: (number withheld from sxmprivateeye)

---------------------------------------

Dear Mr. Tom Donovan ,

Thank you for your prompt response. Did you read the sxmprivateeye website address I sent you ? I was hoping for Westin Corporate to take the horse by the reins , but it appears you have passed the buck to the Dawn Beach Hotel Mgmt. I will be surprised if they address anything and if they do , I can only believe that it will be continued lip service. They do not care about the owners and residents in the OysterPond, DawnBeach ,TamarindHills,RedPond area, as these residents are now apparently seen as the enemy.

You can say you apologize all you want, but it does not remedy the situation. I was hoping for action . The DailyHerald in SXM receives letters everyday from concerned people that are angered because of the antics of the Westin in Dawn Beach.

Are you sure that Mr. Heyer and Mr. Klein have read this letter and the sxmprivateeye website ? I cannot believe that they wouldn't want to address these concerns directly to Columbia Sussex ?

I guess Mr. Heyer and Mr. Klein won't be concerned until the owners/residents file a class action lawsuit against the Westin Brand and give the story to 60 Minutes or Fox News.

I'm personally very disappointed and shocked at your lack of response.

Regards,

( name withheld from sxmprivateeye )

---------------------------------

"As per the Westin Hotel the road which is now creating havoc in Dawn Beach area , Marlin said that the government did promise the Westin developer a road but not prior to the hotel's opening . He said that the government sent a letter of comfort to the developer and that the government is busy working on issues regarding ownership of the road . According to the Westin Hotel, the property on which the road lies was sold to them by the Island Government of St. Maarten There is information circulating that the Westin Hotel filed an injunction against the Island over the much debated road on December 28th , 2006 which Roy Marlin refuted."

From SMN News (Hat tip to TTOL)

Bibi has a short article up about Westin. No news yet on the so called "Win Win solution' trumpeted in Thursday's paper. Bibi mentions a top govt officlal's daughter, this would be Sarah's daughter, who is understood to be in a personnel/human resources manager position. Best guess at the 'Real Estate MD' would be Peyton, aka David.
It is important to note that Westin were basically given assurances for any NV license they required and that retail opportunities within the hotel had no limitations. The news about the employees being employed by the real estate business is new to me. Interesting.

Bibi's news item is below, if I could link to it directly I would but I can't figure out how. I am afraid if not copied then a link to the page would be of no use after a period of time. I don't always agree with her, but her site is worth checking into.

smn-news.com

All Does Not Seem Well At Westin
--Employees claim Outsourcing, labour Abuse--

Westin Hotel

Philipsburg:- All does not seem to be well at the newly opened Westin Dawn Beach Resort as some employees has already been fired less than one month after the hotel open its doors.
SMN News spoke to employees who are working at the hotel who claimed that despite they are wearing a Westin Uniform and badge they are not employed by the hotel but instead for a real estate agency and further claimed that they are grossly underpaid and the job setting is very stressful.
SMN News also contacted the real estate agency managing director and the former Assistant Manager of Dawn Beach Resort who refuted the claims saying that are not contractors neither sub-contractors to the resort. However, this media house was able to uncover that the companies do operate business at the resort and that there seems to be what is described as “French connections’ going on underground as the daughter of a senior official holds one of the key positions at the hotel.
SMN News will bring you more information on this developing story as it becomes available.
Westin Resort is in the limelight these last weeks since they have chosen to block a private road which they claim is now on their property and demand that the island government of St. Maarten provide a paved road for them and heavy equipment owners in the area.

All does not sound well at Westin, by any stretch of the imagination.

On the surface everything looks nice according to the local newspapers.

But under the surface we keep hearing trickles of disturbing rumors of back-door deals, unlimited business flexibility for licences, slave labor by independent contractors dressed up in Westin uniforms, nepostism (jobs based on political connections), Roy Moron renting out his property to them, few new jobs for locals, building permits issued against advice of their own reports, government going silent on Westin's unlawful claim of public beach as their own private resort property, unlawfully closing public roads, destroying the pond, building a swimming pool right on the beach, noise pollution, smelly, old fashioned water purification plants, etc, etc, etc ad infinitum.

Will these rumors ever stop? One would have thought so with a former intelligence officer for Interpol (Jake) at the helm of security for Westin. One would have thought Jake could keep a lid on all these leaks, but it seems there are just too many stories floating around, and they keep popping up like brush fires, that they cannot contain them from within.

One thing's for sure, the DP should have a hard time at this election, convincing the public this was all done according to the books and in the open.

The fact there are just so many unanswered questions and rumors surfacing daily, that this should at least convince some voters that where there is smoke there is most likely fire. Let's hope so.

Just my thoughts...

SXMObserver

oh please, SXMobserver, Jake as you refer to is ex-policeman Jacobs.
Jacobs was assistant to Michael Ferrier when he was Commissioner and untill recently he was head of the licensing department or traffic dept or something of the sort. Was he a former intelligence officer for Interpol? I think you give him too much credit.
Jacobs does not come across as a intelligent person worthy of working for Interpol. He is a DP pawn and opportunist. Maybe he told people he worked for Interpol while he was having too many beers at the local tavern with his good friends DP associates and Eddie Williams.
I agree with the rest of your post, everything listed about WESTIN is true, the letters to the editor are pouring in now everyday, people are now seeing the light, they waited too late and now they see that this monstrosity is a complete hinder to their neighborhood.
Flipper; please put the pictures from the 2005 protest so people can see that they should have protested back then when Dawn Beach rape had begun.
The protesters were seen back then as nuisanses against development, now the truth is coming to light.

I agree the title of "intelligence" is probably being too kind to Jacobs, but he did nevertheless report to INTERPOL as the officially designated liaison for Sint Maarten.

That was my point. Jacobs is not very good at his job. If he were he would have stopped the leaks from within or at least tracked them down and plugged them.

You can find the clippings and some photos from the protest in August 2005 by clicking here.