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ST. THOMAS- Members of the Committee on Culture, Historic Preservation, and Aging convened in a meeting at the Capitol Building on Monday and voted favorably for several measures honoring and commending outstanding Virgin Islanders for their generous contributions to the Virgin Islands. Additionally, senators were updated on the Crucian Christmas Festival 2020-2021. All approved items will be forwarded to the Committee on Rules and Judiciary for further consideration.

Lawmakers voted favorably for Bill No. 33-0432- An Act honoring Orville Edward Kean, Ph.D. for his contributions to the University of the Virgin Islands and the Virgin Islands Community by renaming the University of the Virgin Islands’ Sports and Fitness Center the “Orville Kean Sports and Fitness Center as amended. In addition to serving on numerous Boards and Associations, Kean also assisted with the accreditation of the University of the Virgin Islands, introduced new degrees and academic programs that applied to the needs of the community, and launched the Summer Institute for the Future Global Leaders in the Caribbean, as stated in the bill. Dr. Kean stated that he never thought that his work will be recognized in such a manner.

The sponsor of the bill, Sen. Jackson shared his sentiment. “Dr. Kean’s accomplishments and generosity speak volumes to his contributions to the Territory. His achievements will be remembered for generations to come on both the University of the Virgin Islands St. Thomas Campus and the St. Croix campus as well.”

 Similarly, policymakers voted and approved the following measures:

• Bill No. 33-0425- An Act renaming the South Side Road on St. John “The Rudolph A. ‘Pimpy’ Thomas, Jr. Road.” Sponsored by Senator Stedmann Hodge, Jr
• Bill No. 33-0431- A Resolution honoring and commending Rashawn Ross for his outstanding achievements and contributions in the field of music. Sponsored by Senator Myron D. Jackson
• Bill No. 33-0440- A Resolution commemorating the 100th Anniversary of the Charlotte Amalie High School on St Thomas, Virgin Islands 1920-2020 (awaiting Bill number) Sponsored by Senator Myron D. Jackson

However, the following was removed from the agenda: Bill No. 33-0442- An Act honoring and commending Mr. Daniel James for the generous donation of his property to construct an access road in Estate Constitution, serving many families on St. Croix and naming that access road in his honor.

Separately, the Department of Festivals Director Ian Turnbull on behalf of Tourism Commissioner Joseph Boschulte shared an update on the Crucian Christmas Festival 2021. In collaboration with the Department of Health, Turnbull indicated that the Virtual 2020-2021 Crucian Christmas Festival consists of musical concerts, cultural performers, and mocko jumbies all slated to perform at the Virtual Village. All events are closed to the public due to the COVID-19 Pandemic. Furthermore, Turnbull noted that some of the accomplishments are inclusive of staging/planning for the upcoming festival and establishing State of the VI a forum that allows feedback from Festival participants such as troupes and vendors. Furthermore, there were 34.5 million earned media impressions with exposure in national media and the successful execution of the 2020 Virtual St. John Festival. ###

ST. THOMAS- Members of the Committee on Rules and Judiciary chaired by Sen. Janelle K. Sarauw, convened in a meeting at the Capitol Building on Thursday, to receive testimony and vote favorably for Bill No. 33-0374 – An Act amending Title 32 of the Virgin Islands Code relating to the Magens Bay Authority Board of Directors to change the composition of the Board and the method of appointing members. Additionally, lawmakers voted and approved nominations and bills. All approved items will be forwarded to the Full Body for further consideration.

The measure seeks to change the Magens Bay Authority Board of Directors by restructuring the Board of Directors and decreasing the terms of the members from six years to three years. Furthermore, the bill replaces the Governor as a Board member with a representative from the Office of the Governor, mandates the President of the Legislature of the Virgin Islands to appoint one member, and requires the professional experience of four members. Magens Bay Authority Board of Directors Chairperson Katina Coulianos noted that the political affiliation of the Magens Bay Authority is against the will of Arthur Fairchild who granted the deed of the land to the People of the Virgin Islands to be managed by a self-perpetuating Board with longevity; in accordance to the founding documents formalized into law. Coulianos further mentioned that by changing the Board, there can be challenges caused by the lack of quorum and/or board members.

Sen. Janelle Sarauw stated that advancing this legislation ensures the inclusion of the representation of the culture of the Virgin Islands at Magens Bay because presently it does not. “Within a socio-cultural context, food and music is a big deal. We have the right to showcase our culture, music, and food and that should not be absent from the beach. We have to acknowledge the history of our people,” said Sen. Sarauw. “Upholding a 1946 thought process of colonialism does not apply to 2020. I am still waiting for the cultural product at Magens Bay and it is lacking. We are asking for a change, yet the present Board is apprehensive. If the Board was open to change then there will not be a need for this legislation today.”

Separately, policymakers voted favorably for four nominations. The nominations are sent to the Legislature by Governor Albert Bryan; set forth from Section (16) of the Revised Organic Act of 1954, and Title 3, Section 65a of the Virgin Islands Code. The nominees are listed below:

• Marvin Pickering, Chairman, The V.I. Casino Control Commission, St. Croix District
• Ronan O. David, Esq., Director, The V.I. Division of Gaming Enforcement
• Kai A. Nielsen, The V.I. Coastal Zone Management Commission, St. Croix District
• Kai M. Smith, The V.I. Coastal Zone Management Commission, St. Thomas District

However, the following measure was removed from the agenda: Bill No. 33-0220 An Act providing for the construction of ramps or walkways at least two beaches in each island district that would allow persons with disabilities access to the beaches (Sponsored by Senator Steven D. Payne, Sr., Senator Oakland Benta, Senator Myron D. Jackson, Senator Marvin Blyden)

Lastly, lawmakers voted and approved the following bills:

• Bill No. 33-0303- An Act amending Title 32 Virgin Islands Code, Chapter 21, Article XIV, sections 604(d), 607(d) and (e), 610 (a) and (c), 625(a) and (c), 634, 637, and 638 relating to Internet Gaming and Gambling licensing and fees requirements and matters related thereto (Sponsored by Senator Novelle E. Francis, Jr., Senator Kurt A Vialet)
• Bill No. 33-0439- An Act establishing an amnesty period until June 30, 2021, for the waiver of penalties for payment of outstanding income taxes and the waiver of interest and penalties for payment of outstanding gross receipt taxes and real property taxes for all tax years and to require the Director of the Virgin Islands Bureau of Internal Revenue to publish information on this amnesty (Sponsored by Senator Donna Frett-Gregory)
• Bill No. 33-0004- An Act amending the Virgin Islands Code title 3, chapter 5 adding subchapter III to enact The Virgin Islands Public Art Program Act requiring one percent of total capital improvement project costs to be expended for works of art placed in government buildings (Sponsored by Senator Myron D. Jackson)
• Bill No. 33-0362- An Act appropriating $900,000 from the St. John Capital Improvement Fund to the Virgin Islands Port Authority for certain improvements to the Loredon Lorence Boynes Sr. Ferry Terminal at Cruz Bay, St. John (Sponsored by Senator Donna Frett-Gregory, Senator Janelle K. Sarauw, Senator Oakland Benta, Senator Allison L. DeGazon, Senator Athneil Thomas, Senator Marvin Blyden, Senator Dwayne M. DeGraff, Senator Myron D. Jackson, Senator Steven D. Payne, Sr.)
• Bill No. 33-0376- An Act requiring the Department of Agriculture to develop a territorial agriculture plan and providing an appropriation of $180,000 from the General Fund to the Department of Agriculture to assist with developing the plan (Sponsored by Senator Donna Frett-Gregory, Senator Janelle K. Sarauw, Senator Kurt A. Vialet, Senator Dwayne M. DeGraff, Senator Allison DeGazon, Senator Athneil Thomas)
• Bill No. 33-0041 An Act amending Title 3, chapter 9 of the Virgin Islands Code by adding a new subchapter establishing requirements for the construction and repair of roads and highways within the Territory of the Virgin Islands (Sponsored by Senator Steven D. Payne Sr., Senator Oakland Benta)
• Bill No. 33-0250- An Act amending Title 3, chapter 9, section 134a, subsection (b) of the Virgin Islands Code, relating to the duties of the Department of Public Works, Division of Capital Improvement in administering and coordinating capital improvement projects, to require that a Front- End Engineering and Design is completed for each capital improvement project of the various departments and agencies  of the Government of the Virgin Islands before the procurement of engineering and construction services (Sponsored by Senator Alicia Barnes, Senator Marvin Blyden; Co-Sponsored by Senator Allison DeGazon, Senator Donna Frett-Gregory)
• Bill No. 33-0351- An Act providing an amnesty for property owners who have enclosed or have started to enclose the remaining usable space under their houses without submitting building plans to the Department of Planning and Natural Resources for approval or without the issuance of a building permit and the enclosed space or the space to be enclosed does not exceed the boundary of the existing structure (Sponsored by Senator Athneil Thomas, Senator Marvin Blyden

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ST. CROIX–The Committee on Education and Workforce Development, chaired by Senator Donna Frett-Gregory, continued to meet Tuesday afternoon in the Frits E. Lawaetz Legislative Chambers on St. Croix to receive testimony on  Bill No.33-0239, an Act amending the V.I. Code relating to the permanent closure of public schools. Senator Myron Jackson sponsored the measure.

Racquel Berry-Benjamin, Commissioner of the Virgin Islands Department of Education (VIDE), said the Bill gives the Board of Education the authority to recommend a public school’s permanent closure. It also provides that the Commissioner of Education must consult with the Board of Education before making a final decision to close a public school and that before the closure of any school, the Board of Education and VIDE must provide testimony to the Legislature on the condition of the school, the reasons for the closure, and the future use if any.

According to her, VIDE supports the Bill, as it sees no harm with its intent to ensure all parties are privy to the Department’s reason(s) for the closure of a public school before such a decision is made.

Testimony from Chairwoman Arah Lockhart of the V.I. Board of Education was read into the record, thanking Sen. Jackson for including them in the decision-making process related to permanent school closures.

In her testimony, she indicated the Board is tasked with providing the Governor and the Senate with a School Plant and Facilities Management Report annually. This report provides a comprehensive assessment of the condition of the Territory’s public schools. The Board welcomes any opportunity to have a seat at the table with other pertinent stakeholders, to include community residents, when a decision of this magnitude is being made. The Bill was held in the Committee for further consideration.

During the consideration of this Bill, the Senators present were: Chairwoman Donna Frett-Gregory, Kurt Vialet, Javan James, Sr., Janelle Sarauw, Steven Payne, Sr., Myron Jackson, and Stedmann Hodge, Sr.

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1. CROIX–The Committee on Education and Workforce Development, chaired by Senator Donna Frett-Gregory, met on Tuesday in the Frits E. Lawaetz Legislative Chambers, to consider two measures, including Bill No.33-0302, an Act amending the V.I. Code to establish the Virgin Islands School Construction and Maintenance Authority.

Racquel Berry-Benjamin, Commissioner, Virgin Islands Department of Education (VIDE), said the purpose of the Authority is to effectuate and ensure that the children of the Territory have a safe, efficient learning environment and to be responsible for the functions of regular and timely maintenance, inspection, construction, renovations, repairs, and modernization of educational facilities.

According to Bill sponsor, Sen. Frett-Gregory, the governance of the Authority by the Virgin Islands School Facilities and Maintenance Authority Board of Directors will be composed of seven members. The members include the Commissioner of Education or the Commissioner’s designee, and six appointed by the Governor.  The six members, she added, should consist of two former educators, one from each district; one current educator, two engineers, one from each district; and one member with business or finance experience. The Board shall elect a chairperson, and at no time shall the Commissioner of education or designee serve as the chairperson.

Commissioner Berry-Benjamin indicated that the lack of adequate funding and a master plan to properly maintain and upkeep VIDE schools and facilities over the decades have contributed to the rapid deterioration of many school buildings. She appreciates the efforts of Sen. Frett-Gregory in seeking to address this issue.

The Authority would be funded through the Education Initiative Fund ($1.5 million), the St. Croix Capital Improvement Fund ($250,000), the St. John Improvement Fund (100,000), and revenues from governmental building rentals, in conjunction with the Department of Property and Procurement. “These funding sources only begin to provide a small portion of the necessary funds needed to carry out the Authority’s purpose, much less the maintenance and capital projects,” said Berry-Benjamin. “The elephant in the room, she said, still appears to be insufficient funds,” she concluded.

Jack McCarthy, Deputy Chief Executive Officer and Executive Director of Massachusetts School Building Authority (MSBA), stated their mission to partner with Massachusetts communities to support the design and construction of educationally appropriate, flexible, sustainable, and cost-effective public school facilities. The creation of the MSBA has allowed the VIDE and Secondary Education to dedicate all its resources and expertise to enhancing student learning and academic achievement while the MSBA focuses on new school construction and renovation projects. The MSBA and DESE maintain a close working relationship, and this partnership has allowed Massachusetts to be a national leader in public education.

Lorraine Grillo, President, and CEO of, New York City School Construction Authority (SCA), said  SCA was established as a public benefit corporation tasked with managing the acquisition, design, and construction of NYC schools and its rehab existing educational infrastructure. She added that every year, SCA visit every one of their 1,500 school buildings with a team of architects and engineers. One of their tools, she said, is their yearly demographic projections and have demographers who update reports yearly and project out for five to ten years. These reports inform where they look for sites to build new schools and addition to existing schools. The SCA has also worked throughout the pandemic to create testing centers and ensure every school had proper ventilation.

Jenifer O’Neal, Director, Office of Management and Budget (OMB), said the Bill speaks of the implementation of a School Maintenance Board; however, the costs that would be associated with this Board are costs that may be deemed unnecessary, especially at this time, during the COVID-19 pandemic, where there is much uncertainty, and the tourism sector has been decimated. Because of this, she added she does not feel that the creation of yet another Board would be in the best interest of the Government of the Virgin Islands. or achieve the intent of this legislation.

According to O’Neal, she would recommend that VIDE’s maintenance division be transferred to the Department of Public Works (DPW), in full, inclusive of personnel and funding.  She further suggests that an Assistant Commission for Maintenance be funded to provide oversight for this new Division and any other staff that may be necessary to carry out the mandate of ensuring all schools are maintained. For the above reasons, she cannot support the Bill until an amendment is made to allow a transfer and personnel to DPW to achieve this measure’s intent.

Jeanette Smith-Barry, Former Insular Superintendent and 13 years principal of Charlotte Amalie High School on St. Thomas, said, Administrators should spend their time being instructional leaders and managing their time, programs, and process that are essential in school, not handling repair and maintenance. She added that an entity like the School Facilities and Maintenance Authority could relieve administrators of unnecessary burdens and help ensure that all the persons addressing repair and maintenance concerns are suitably trained for the scope of work required. Smith-Barry spoke in full support of 33-0302 and commended  Sen. Frett-Gregory for proposing the measure.

The Committee meeting continued with the consideration of Bill No. 33-0239, an Act amending V.I. Code, relating to the permanent closure of public schools, sponsored by Sen. Myron D. Jackson.

The morning portion of Tuesday’s meeting were senators: Chairwoman Donna Frett-Gregory, Kurt Vialet, Javan James, Sr.,  Janelle Sarauw, Steven Payne, Sr., Myron Jackson, and Stedmann Hodge, Sr.

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ST. THOMAS- Members of the Committee on Rules and Judiciary chaired by Sen. Janelle K. Sarauw, convened in a meeting at the Capitol Building on Thursday, and voted favorably for two nominations sent to the Legislature by Governor Albert Bryan; set forth from Section (16) of the Revised Organic Act of 1954, and Title 3, Section 65a of the Virgin Islands Code. Lawmakers also voted and approved several measures. All approved items on the agenda will be forwarded to the Full Body for further consideration.

The approved nominees are Marise James, Esq. to serve on the Virgin Islands Government Hospitals and Health Facilities Corporation representing the St. Croix District and Dina Perry-Malone to serve as a member on the Virgin Islands Authority Board of Commissioners for the St. Thomas-St. John District. James vowed that her first order of business is to become knowledgeable of all duties and responsibilities to include the governance structure, hospitals, medical personnel, and the Health Care Industry. “I appreciate your candidness because nominees may not know everything but your commitment to utilizing critical and analytical skills in gaining knowledge is key,” said Sen. Sarauw. Perry-Malone, who served on the V.I. Authority Board for two years indicated that her goal is to continue increasing the number of participants in the Family Self-Sufficiency Program that ultimately ends in homeownership. Currently, there are twenty-five participants of which three are slated to graduate from the program.

Similarly, senators voted and approved: Bill No. 33-0232- An Act to fully adopt and enact the Uniform Residential Mortgage Satisfaction Act. The Division of Banking, Insurance, and Financial Regulation Director Gwendolyn Brady shared recommendations to strengthen the bill. Brady noted that some of the suggested amendments are inclusive of allowing the lender reasonable time to respond and to ensure full compliance, providing the borrower a detailed payoff Statement, and to require the lender to provide the borrower a copy of the recorded release.

Separately, lawmakers voted to remove off of the agenda: Bill No. 33-0374- An Act amending Title 32 of the Virgin Islands Code relating to the Magens Bay Authority Board of Directors of the Magens Bay Authority to change the composition of the Board and the method of appointing members. However, senators voted favorably for the following:

• Bill No. 33-0433- An Act amending Title 19 Virgin Islands Code, chapter 34, section 777 (b), relating to the composition of the Cannabis Advisory Board
• Bill No. 33-0367- An Act amending Title 3 Virgin Islands Code, chapter 1, section 27f, to change the composition of the Commission on Aging and its duties and for other related purposes
• Bill 33-0282- An Act amending Title 3, chapter 18, subchapter II, section 312(a) of the Virgin Islands Code by adding the Athletic Director of the University of the Virgin Islands and the Little League Administrator, or a representative, to the membership of the Virgin Islands Sports Commission
• Bill No 33-0364- An Act amending Title 1, Virgin Islands Code, chapter 7, by inserting section 111 relating to the recognition of indigenous tribes as official tribes of the Virgin Islands, and Title 3, Virgin Islands Code, chapter 14 by inserting section 234 creating the Virgin Islands Indigenous Indian Tribe Identification Card as amended
• Bill No 33-0369- An Act authorizing the removal of the copper bust of King Christian IX from the Emancipation Garden and replacing it with the statue of “The Conch Shell Blower” statue and appropriating $20,000 from the St. Thomas Capital Improvement Fund for the removal and replacement of the bust
• Bill No. 33-0233- A Resolution honoring and commending Mr. Randolph “Junior” Donovan and Mr. Kashief “DJ General Kuntry” Hamilton for their heroism in saving the life of a cruise passenger at the West Indian Company Dock
• Bill No. 33-0285- An Act honoring and commending Noel “Breeze” Boynes, Sr. for his service to his community of St. John and naming the car ferry dock in St. Thomas “The Noel “Breeze” Boynes, Sr. Car Ferry Dock” in his honor
• Bill No 33-0150- An Act posthumously honoring and commending Manassah Francis for his significant entrepreneurship and service to the people of the Virgin Islands
• Bill No. 33-0247- A Resolution honoring and commending Wallace D. Williams for his years of extensive work and service as a librarian and his accomplishments as an Olympic athlete representing the U.S. Virgin Islands in multiple competitions

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ST. CROIX– The Committee on Culture, Historic Preservation, and Aging, chaired by Sen. Myron Jackson, held a public hearing on Monday in Frits E. Lawaetz Legislative Conference Room to receive updates on Public Cemeteries, Libraries, Museums and Archives; and on several resolutions.

In his testimony, Shelton Shulterbrandt, DBE Program Director at the Virgin Islands Department of Public Works (DPW), said the DPW supervises, manages, and maintains all cemeteries in the Virgin Islands. The department also communicates with local funeral homes to schedule burials, consistent with the law.

On St. Croix, there are three public cemeteries. Fees collected for burial plot permits and tomb construction vary from $250.00 on a weekday and $500.00 on the weekend. The costs were raised from $16-$32 on September 1, 2020, territory-wide to allow the DPW to improve the cemeteries’ maintenance.

According to Shulterbrandt, the Frederiksted and Christiansted Cemeteries have their challenges as they are officially closed due to lack of space. Currently, only burials for citizens with previously purchased plots in those cemeteries or individuals who wish to be buried above their previously interred loved ones are allowed.

Keith Richards. Assistant Commissioner, Department of Planning and Natural Resources (DPNR), said the Division of Libraries, Archives, and Museums provides library and information services by developing and preserving its historical and archival collections.

According to Richards, the department is working towards the process of re-opening the Florence William Library. They procure quotes to clean and sanitize the building, and a contractor selected to overhaul and install a new air condition unit. The Athalie McFarlane Petersen Library in Frederiksted requires renovation and technological upgrades to provide a safer, secured, and comfortable location for residences and visitors to use this public library for life-long learning and discovery.

Richards told the Committee the Regional Library for the Blind and Physically Handicapped is based in a rental office space at Vitraco Park on St. Croix. The office space accommodates the Virgin Islands Talking Books Library services to the entire territory. Hence its usefulness is a vital necessity of our community. He also said, for improvement, one step is to house the Regional Library on the first floor of the Athalie McFarlane Petersen Public Library. For the relocation to be possible, added Richards, several improvements are necessary.

Regarding Fort Frederik, Richards said that the facility would go through complete renovation and repairs such as all outer walls, wrought iron fencing, courtyard, repair, and cannon cartridges repair. He pointed out that overland flooding and massive wave action caused by Hurricane Maria resulted in severe erosion of the area along the La Grange Gut. According to Richards, there are three general areas of deterioration: the gut, the northwest corner, and the southwest corner.

He added that the estimated cost of the proposed mitigation is $599,778, and FEMA is funding the project. The Project Worksheet fixed price of $6.2 million was approved, he concluded.

Senator Stedmann Hodge Jr. sponsored Bill No.33-0312, a Resolution honoring and commending Janet Valencia Prince-Soto for her contributions to the St. Croix community through her years of educating and mentoring others in the field of cosmetology and her entrepreneurship.

Testifying in support of the resolution were Nathalie Hodge, Assistant Commissioner of DLCA, and Olympia Mitchell, a St. Croix resident. Both said Mrs. Prince-Soto left an indelible footprint that positively impacted the Virgin Islands as a whole. She added that the beneficiaries of her tutelage continue to be contributing members of the community as business owners, practitioners in the field of cosmetology, and private industry.

Senator Dwayne DeGraff sponsored Bill No.33-0345, an Act honoring and commending Judy M. Gomez for her contributions to the Virgin Islands community, especially the Virgin Islands’ children.

Testifying on the resolution was Dr. Tai Hunte-Caesar, who said Gomez had held many transformative positions. In these professional roles, she impacted, influenced, and empowered community members in so many ways. Dr. Hunte-Caesar added that Gomez had been an inspiration and an incredible mentor to her. She was confident that her career achievements as an Infectious Disease Physician in the public and private sectors would not have been possible without the influence of role models such as her.

Other testifiers on behalf of Gomez were Dilsa Capdeville, Shereese Jurgen, and Khadija Blyden. They all echoed Gomez’s sentiment on being of service and contributing to the community’s betterment and the children of the Virgin Islands.

Senator Oakland Benta sponsored Bill No. 33-0352, a Resolution honoring and commending Charles Lambert Alvarez Christian for his dedication and accomplishment in the field of martial arts and the Virgin Islands community.

Testifiers on behalf of Christian were Mrs.  Liston Lewis, Dr. Kisha Christian, James Hinds, and Apostle Elenor Estrada, who all spoke of his dedication, commitment, discipline, loyalty, and understanding the plights of others.

Bills 33-0312, 33-0345, and 33-0352 were voted out of the Committee with favorable recommendations and sent to the Committee on Rules and Judiciary for further consideration.

Bill No. 33-0427 honors the late Mrs. Dorothy Lochart Elskoe for her vast contributions to preserving the Virgin Islands’ arts and culture by renaming Raphune Hill the “Dorothy “Dotsy” Lockhart Elskoe Drive. Senator Myron Jackson sponsored it.

In her testimony, Lori Elskoe-Rawlins, the honoree’s youngest daughter, said her mother was our Cultural Queen. The preservation of Virgin Islands culture was of great moment to this native virgin islander. According to her, she ensured that family members lived and respected the Virgin Islands’ culture.

According to Elskoe-Rawlins, her mother was sometimes a passenger on this meandering road of life but was always as equally focused as the drive. She added that in her mother’s pursuit to continue along the path of cultural authenticity and community awareness, they gained an educator, public servant, activist, culture-bearer, mother, and friend.

Other testifiers were Alrid D. Lockhart, Sr., President of Elskoe & Associates, Inc., also known as Elskoe & Associate Carnival Floupe, and Glenn Kwabena Davis, a St. Thomas Cultural Icon, educator, Calypsonian, and activists.

Bill No. 33-0426, A measure commemorating and recognizing the creation of the Senepol Cattle on St. Croix by Bromley Nelthropp; and recognizing the contributions to the development of the species by George Elliott, Bromley Nelthropp, Frits Lawaetz, Hans Lawaetz, Issac Gateward James, Oscar Henry, Olivia Hines Henry, and the University of the Virgin Islands.

Bill No. 33-0430, sponsored by Sen. Kurt Vialet, posthumously honored the late Reverend Vincent Hoover Adams Gordon. Sr., D.D. for his outstanding contributions to the Virgin Islands community. Pastor Gordon was a Minister of the Gospel for 51-years and, a teacher of English, and eventually an Assistant Principal of St. Croix Central High School.

In her testimony, Anna Marie Gordon said Rev. Vincent Hoover Adams, Sr. D.D. was a Minister of the Gospel, a Pastor of a congregation, a teacher, an assistant principal, a community activist, a cultural bearer, a musician and musical director, a mentor, a scout leader, counselor, but the most significant roles that he played were that of husband and father.

Bills 33-0427, 33-0426, and 33-0430 were voted out of the Committee with favorable recommendations and sent to the Committee on Rules and Judiciary for further consideration.

Senators present at Monday’s hearing were Chairman Myron Jackson, Senators Stedmann Hodge, Jr., Dwayne DeGraff, Oakland Benta, Kurt Vialet, Javan James, Sr., Steven Payne, Athneil “Bobby” Thomas, and Novelle Francis, Jr.

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St. Croix—The Committee on Government Operations, Consumer Affairs, Energy, Environmental and Planning, Chaired by Senator Alicia Barnes met Friday, October 16, 2020 in the Frits E. Lawaetz Legislative Chamber.
After a brief reorganization of the agenda, the Committee then considered Bill No. 33-0340 – An Act amending Title 29 Virgin Islands Code, chapter 10, subchapter I, section 543 to require the Virgin Islands Port Authority to provide limited free parking at the Enighed Pond parking lot on the island of St. John. Sponsored by Senators Steven D. Payne, Sr., and Oakland Benta.
Virgin Islands Port Authority’s Executive Director, Carlton Dowe in a prepared statement indicated that the Authority strongly opposes the proposed Bill as it will negatively impact essential marine revenue and it will be detrimental to the Authority’s ability to meet its financial obligations. Dowe further informed the committee that by law, “we are required to charge user fees to fund our port operations, maintain our facilities and to expand and modernize the territory’s travel infrastructure. Apart from federal grants received primarily for the aviation division, VIPA’s main source of revenue is the fees we charge the users of our facilities.”
Jenifer O’Neal, Director of the Office of Management and Budget shared similar comments by indicating, “As a semi-autonomous agency, the Authority does not receive any funds from the central government to support their operations and must utilize the revenues generated from parking lots and other projects to fulfill their payroll and vendor obligations.”
After much discussion, committee members moved to hold the Bill in committee for further consideration.

The second item on the agenda was Bill No. 33-0250, which is an Act seeking to amend title 3, chapter 9, section 134a, subsection (b) of the Virgin Islands Code, relating to the duties of the Department of Public Works, Division of Capital Improvement in administering and coordinating capital improvement projects, to require that a Front-End Engineering and Design is completed for each capital improvement project of the various departments and agencies of the Government of the Virgin Islands before the procurement of construction services. A motion was made to have the Bill remove from the day’s agenda and the item was approved to be removed.

Bill No. 33-0108 – An Act amending title 12, chapter 10, section 402 of the Virgin Islands Code by requiring owners of shoreline property to provide the public with suitable access to the shorelines, imposing fines for failure to comply with this requirement, and granting the Department of Planning and Natural Resources enforcement and investigative authority regarding shoreline access. (Proposed by Senators Janelle K. Sarauw, Myron D. Jackson, and Kurt A. Vialet; Co-sponsored by: Alicia V. Barnes, Marvin A. Blyden and Allison DeGazon)

Jean-Pierre L. Oriol, Commissioner for the Department of Planning and Natural Resources said in his opening statement, “Although the Bill provides for the creation of easements when new developments are made in the coastal areas, it does not state that the owners will be compensated for dedicating the property for those easements. The failure to compensate may be considered a “Taking.” Oriol elaborated further by indicating, “If the main purpose is to provide access to the beaches, then maybe the Bill should be amended to include a definition of a beach, and the Bill should specifically apply to shoreline areas where there are “beaches”. The legislation as-is applies broadly to all shorelines, which covers a broader land area as defined in 12 VIC § 402(b).”

After deliberation on the Bill, an amendment was offered by Senator Myron Jackson and the measure voted on favorably and sent on the Committee on Rules and Judiciary for further consideration.
The last item on the agenda was an update from representatives of the Executive Branch on the development of a Comprehensive Land and Water Use Plan for the United States Virgin Islands.
Keith Richards, Assistant Commissioner for the Department of Planning and Natural Resources told committee members that the department is currently engaged in multiple efforts that has resulted in proposed legislation, programs and initiatives that will provide guidance to the development, use and effective stewardship of our land and water resources of the territory.

Adrienne L. Williams-Octalien, Director of the Virgin Islands Office of Disaster Recovery (ODR), which is a component of the Virgin Islands Public Finance Authority (PFA) said the Office of Disaster Recovery is in support of the effort to develop a comprehensive land and water use plan for the US. Virgin Islands. ODR has met with the Department of Planning & Natural Resources to provide guidance on available funding to further the initiative. “Funds are available in the planning section of the Community Development Block Grant Mitigation funds that can support this endeavor, said Williams-Octalien, of ODR.
Committee members present for Friday’s meeting were: Alicia V. Barnes, Myron D. Jackson, Marvin A. Blyden, Allison L. DeGazon, Kenneth L. Gittens, Javan E. James, Sr., Athneil “Bobby” Thomas, and non-committee members: Steven D. Payne, Sr., Stedmann Hodge, Jr., Janelle K. Sarauw.

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ST. CROIX– The Committee on Youth, Sports, Parks, and Recreation, led by Senator Javan E. James Sr., met on Tuesday in the Frits E. Lawaetz Legislative Chambers, where testimony was received on Bill No. 33-0220. Sponsored by Senators Steven Payne and Oakland Benta, the Act provides for the construction of ramps or walkways for at least two beaches in each island district that would allow persons with disabilities to gain access to the beaches.

Leon Hunt, Chairman of the Virgin Islands Sports Commission (VISC), Multi-Sports, Private Sector, gave an update regarding the Handbook and Policy Manual of the Commission. The Handbook contains official information concerning sports officers and administration, organization, rules and regulations, and activities programs.

According to Hunt, the Officers and Administration of the VISC include Hugo Hodge, Jr., Vice-Chairman, Territorial Chair, Virgin Islands Horse Racing Commission; Lucille Hobson, General Secretary, President-Virgin Islands Volleyball Federation; Calvert White, Treasurer, Commissioner, Sports, Parks, and Recreation (Ex-officio); Angel “Chico” Morales, President, Virgin Islands Olympic Committee; Kennard Callendar, VIDE designee (Director, Division of Sports & amp; Athletics); Joseph Boschulte, Commissioner of Tourism; Wayne Biggs, Jr., CEO, Virgin Islands Economic Development Authority; Nels Hawkinson, Executive Director, Basketball Travelers, Private Sector; Hillaren Frederick, Virgin Islands Soccer Association; Dennis Brow, President, Virgin Islands Baseball Federation; Tony Rosario, Territorial Chair, Virgin Islands Boxing and Wrestling Commission; and Arthur Hector, Sr., Territorial Chair, Virgin Islands Automobile Racing Commission.

In his testimony on Bill No.33-0220 Commissioner Calvert White, Department of Sports, Parks, and Recreation (DSPR) noted that the Department was in the process of acquiring equipment to make our beaches accessible for our disabled visitors. During their research, White learned that the Department of Planning and Natural Resources (DPNR) had a $50,000 grant that could be used to install buoys at beaches in the territory. He added that they identified five beaches in the territory as potential sites to install the Access Mats—portable and removable roll-out access routes used in a multitude of applications for individuals with disabilities.

The potential five beach sites for the AccessMats include Coki Point, Lindbergh Bay, Magens Bay, Cramers Park, and Fort Frederick Beach. DSPR applied for and received the DPNR grant and conducted the procurement process to secure the equipment.

Comm. White called on the Committee to amend the Bill to allow the funds to be used to enhance beaches in any way that will assist in ensuring that they are ADA compliant; including a transfer platform for visitors who use wheelchairs to transfer into the beach buggy wheelchairs, additional beach buggy wheelchairs, upgrades to bathrooms, sheds, signage and other forms of media to alert the public of the changes.

Kimberly Causey-Gomez, Commissioner, VI Department of Human Services, said the Bill would undoubtedly improve the value of life for persons with disabilities and our senior citizens with mobility challenges and families who have small children in strollers. She indicated that several beaches on St. John provided accessible paths, parking, restrooms, and changing stations. The Virgin Islands National Park and the Office of the ADA Coordinator collaboratively can provide guidance and make recommendations about the dimensions, location, and overall construction of the ramps.

Jenifer O’Neal, Director, Office of Management and Budget, said the form of the proposed Bill mentions the Caribbean Basin Initiative Fund but does not request a direct appropriation from that fund. Instead, it asks that money be appropriated from the General Fund based on appropriation transfer to the General Fund from the Caribbean Basin Initiative Fund.

According to O’Neal, the fiscal impact of Bills proposed is of utmost importance to her, buts she also considers the value of the goals identified. She added that although she agrees that everyone should experience our beautiful beaches, she is unsure as to the practicality of this endeavor, and since she is aware of at least one ramp at a beach that while it does provide access from the road to the beach, it does not provide a path for any disabled individual to access the water. Additionally, it is also unclear how just four ramps can cost $1 million.

O’Neal said she could not support this funding request from the General Fund, especially when the new fiscal year’s budget was just approved, and revenues for the Fiscal Year 2021 are unknown at best.

Senator Payne, Sr., the Bill sponsor, clarified the intent to OMB Director by introducing an amendment to the Bill by striking all language in the subsection of the Bill that reads: “There is appropriated in the fiscal year beginning October 1, 2020, and ending September 30, 2021, the sum of $125,000 from the St. John Capital Improvement Fund; the sum of $125,000 from the St. Thomas Capital Improvement Fund; and the sum of $125,000 from the St. Croix Improvement Fund to provide access to public beach waters for persons with disabilities.

Troy de Chabert Schuster, AARP State Director for the Virgin Islands, said they support Bill No. 33-0222 because having access to community spaces is essential. The Bill, he pointed out, allows people to have a sense of community while promoting social belonging as they age. It supports the creation of mixed-use and livable communities.

The Bill was amended and voted out of the Committee with a favorable recommendation to the Rules and Judiciary Committee for further consideration.

At Tuesday’s meeting were: Chairman Javan James, Sr., Vice-Chair Steven Payne, Sr., Senators Oakland Benta, Sr., Kurt Vialet, Stedmann Hodge, Jr., Dwayne DeGraff, Athneil “Bobby” Thomas, Marvin Blyden, and Kenneth Gittens.

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 ST. THOMAS- Members of the 33rd Legislature led by Senate President Novelle E. Francis, Jr. convened in the Legislative Session at the Capitol Building on Tuesday and voted favorably for two measures, including Bill No. 33-0424, to ratify Governor Albert Bryan’s declaration to extend the State of Emergency due to the COVID-19 Pandemic from October 9, 2020, to December 8, 2020, totaling 60 days. Invited testifiers were the officials from the Virgin Islands Department of Health (DOH), the Virgin Islands Territorial Emergency Management Agency (VITEMA), and the Virgin Islands Division of Personnel. All approved items will be forwarded to the Governor for further consideration.

In response to a question about the timing of the meeting, Francis stated that Legal Counsel advised senators to meet in Legislative Session to adjudicate these matters. “It is stated in the law that lawmakers have five days to act on the bill and the rules speak to seven days. However, if we do not act, the State of Emergency will automatically renew, and it will be extended for an additional 30 days. Therefore, I decided to have Session because of the necessity based on the request and advice of legal counsel,” said Sen. Francis, who proposed the bill at the request of the Governor.

Rising out of Legislative Session and into Committee of the Whole, policymakers received testimony on Bill No. 33-0424- An Act renewing and extending the State of Emergency in the Virgin Islands to facilitate proper planning and response to the COVID-19 Pandemic and hurricane season. DOH Commissioner Justa Encarnacion noted that the extension is essential for the Government of the Virgin Islands (GVI) to maintain access to Federal benefits and assistance regarding combating the spread of COVID-19 in the Territory. Additionally, the extension will ensure that the Territory is in alignment with the guidelines issued by the President of the United States for mitigating the pandemic. The adverse effects to ending the State of Emergency are inclusive of GVI’s lack of access to Federal funds and resources, the lack of control of business operations, the loss of control over goods and services such as implementing a price freeze, and the inability to mandate targeted testing to offset a second surge of the coronavirus in the Territory, according to VITEMA Director Daryl Jaschen.

Since March 13, 2020, the Territory has been under a State of Emergency because of the COVID-19 Pandemic. Thus far, a total of 21,507 people was tested. Out of that 20,155 were negative and 1,322 are positive. To date, there are 20 deaths and 19 active cases in the Virgin Islands, according to Encarnacion. In response to Sen. Oakland Benta’s inquiry regarding the accurate number of positive cases, Encarnacion mentioned DOH backtracked by a month, reviewed the numbers, and updated the data. Moreover, to further reduce the spread of the virus, Encarnacion indicated that some strategies for DOH include implementing a Vaccination Task Force to provide COVID-19 vaccinations, the creation of Boots on the Ground to inform and educate the public about the virus and proper safety measures, and pop-up testing sites.

Additionally, the Body also considered Bill No. 33-0423- An Act amending the Virgin Islands Code title 3, chapter 25, subchapter IV; relating to the Virgin Islands Compensation Commission to change the beginning date for Commission members’ service and the beginning date for convening the Commission, to prescribe qualifications for membership on the Compensation Commission, to restrict the Compensation Commission from reducing salaries and other expenses below the level existing at the time of the determination, and proving for approval of the Compensation Commission’s recommendations by default for the Legislature’s nonaction; amending title 2, section 71 relating to the annual salary of members of the Legislature to sever senators’ salary from the lowest annual compensation of the officers itemized in 3 V.I.C. § 29; providing for the interim retention of the existing salary for members of the Legislature of $85,000; and directing the Governor, the President of the Legislature, and the Chief Justice of the Supreme Court each to appoint three members to the Virgin Islands Public Officials Compensation Commission.

The Virgin Islands Division of Personnel Director Dayna Clendinen testified that she supports the measure because the salaries of the three branches of government should not be interconnected. Furthermore, Clendinen stated that due to the lack of funding for the Division of Personnel, the members of the V.I. Compensation Commission should receive a stipend and not be reimbursed for travel and subsistence expenses.

Rising out of Committee of the Whole, senators re-convened into Legislative Session and voted favorably for Bill No. 33-0424 as amended and Bill No. 33-0423. About Bill No. 33-0423, senators collectively concurred that the economy was adversely affected due to the COVID-19, and a salary increase was very unlikely at the Legislature of the Virgin Islands. Policymakers shared remarks to Bill No. 33-0423. “No one is talking about all the great bills and initiatives that were signed into law for the past two years,” Sen. Allison DeGazon said. “All people are talking about is the $15K raises that senators did not ask for. My record is solid and if this is what some people have to do get exposure and get votes, shame on you.” Sen. Kurt Vialet stated that the same justifications used for senators not receiving a $15K increase should be applied to commissioners in the Executive Branch. “We must be fair across the board at this juncture a commissioner does not need a raise when departments are operating with reduced hours,” Sen. Vialet said.

Lastly, Sen. Francis expressed support for the measures. “The work and impactful initiatives passed during the last Session have been overshadowed by this issue. It is important that we do our due diligence, vet measures, and pass meaningful legislation. I believe that we have an opportunity to fix this situation that is a burden and a bother to many. To talk about salary increases for senators during these hard times is a travesty especially when people are truly hurting in this community,” Sen. Francis said.”

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ST. CROIX— The Committee on Economic Development, Regulations, and Agriculture, chaired by Senator Allison L. DeGazon, held a public meeting on Monday in the Frits E. Lawaetz Legislative Chambers to receive testimony on several proposed bills.

Bill No. 33-0349, proposed by Sen. Stedmann Hodge Jr., establishes the Tourism Enhancement Revolving Fund (TERF) to enhance the Virgin Islands tourism product and sustainable tourism development. The Bill calls explicitly for the Commissioner of Tourism to establish an Excursion Grant Program for eligible applicants in amounts ranging from $5,000 to $50,000, to support existing excursions and establish new excursion services.

Grant recipients utilize those funds to repair and modernize excursion vessels, terminals, related facilities, and equipment, including the purchase, replacement, or rehabilitation of ferries and terminal-related infrastructure or equipment. Commissioner Calvert White of the Department of Sports, Parks, and Recreation (DSPR) noted the Bill specifically supports pre-existing and new excursions, which do not fall under the scope of the department’s responsibilities. According to Comm. White, his department does not have the resources to execute this mandate if passed. He noted that a grant program of this nature should be undertaken by an authority skilled and knowledgeable in the Territory’s economic development.

Clarina Modeste-Elliott, Exec. Assistant Commissioner of the Department of Finance (DOF) said the department requires further clarification, collaboration, and guidance from agencies directly impacted by the proposed legislation. She added that to avoid confusion with their existing “Tourism Revolving Fund,” revising the Fund’s original name to “Tourism Enhancement and Excursions Fund” is strongly suggested.

Anthony Thomas, Commissioner of the Department of Property and Procurement (DOP), said they could not fully consider the legislation without the Department of Tourism’s (DOT) presence. He added that DOT would bear primary responsibility for the programs under this proposed measure. The Bill was held in Committee for further consideration and additional amendments.

Bill No. 33-0376, sponsored by Sen. Donna Frett-Gregory, an Act requiring the Department of Agriculture (DOA) to develop a Territorial Agricultural Plan with an appropriation of $180,000 from the General Fund to assist with developing the project. The Bill was co-sponsored by Senators DeGazon, Kurt Vialet, Marvin Blyden, Athneil “Bobby” Thomas, and Janelle Sarauw.

According to Sen. Frett-Gregory, the Territorial Plan, known as the “Agriculture Plan,” must contain policy and funding recommendations to support and expand the local food system; to increase locally grown food production, and provide food security for the Territory. The plan must also include short-term and long-term goals, including proposals for legislative enactment.

In his testimony, Commissioner Positive T.A. Nelson, Department of Agriculture (DOA), agreed with the proposed concept and stated two plans; however, they have not been enacted. He added that the proposed project should determine the need for personnel, supplemental organizations, and funding. He further pledged to make the best use of the $180,000 to assist with developing the initiative.

Dr. David Hall, President of the University of the Virgin Islands, said, “The Bill and its underlying initiative are long overdue. The development and enhancement of agriculture, the expansion of local food systems, the increase of locally grown food production, and the obtainment of the compelling goal of food security are vital to the future of the Virgin Islands, and the University stands ready to assist in the attainment of these laudable goals.” He pointed out that the plan must be comprehensive and a mixture of both new and old ideas and programs that will ensure sustained local food production, distribution, and significantly reduce food importation into the Territory.

Dr. Hall concluded that his only concern with the measure lies within the 180-day deadline. “Six months might seem like a long time, but if the goal is to develop a plan that can have the type of impact you desire, it may take longer.” The Bill was favorably approved and sent to the Committee on Rules and Judiciary for further consideration.

Bill No. 33-0350, an Act proposed by Sen. DeGazon, will amend the VI Code, relating to real estate brokers and salespersons to update real estate broker and sales associates’ licensure requirements. The Bill was a collaborative effort between my office and stakeholders present. “My Office brought together the regulators and the regulated to have a balanced approach that improves real estate business practices, gives consumers greater clarity and protection, and allows the Real Estate Commission and DLCA to regulate the laws effectively.”

In his testimony, Richard Evangelista, Commissioner of the Department of Licensing and Consumer Affairs (DLCA), said the proposed changes seek to modernize the existing law to serve the Virgin Islands community better. The current legislation was approved on May 4, 1967. With several minor changes passed on October 14, 1986, the Virgin Islands’ real estate laws have gone relatively unchanged. Evangelista indicated that many of the changes seek to strike a harmonious balance between creating opportunities for real estate and property management professionals while ensuring that the consumers’ interests are front and center of the legislation.

Ava Gail Bourdon, a resident of St. Croix since 1972 and a real estate practitioner for 15 years, said the proposed updates to this Bill would bring this statute into the 21^st Century. She added that the framework of Bill No.33-0350 sets a solid base for generations to come.

The Bill was held in Committee for further consideration, according to Senator DeGazon, due to its far-reaching measures. She will ensure the changes reflect positive economic growth for the people of the Virgin Islands. The Committee also tabled a status update from the VI Economic Development Authority (VIEDA) on its operations.

Committee members present during the meeting were: Chairwoman Allison DeGazon, Senators Athneil “Bobby” Thomas, Alicia Barnes, Oakland Benta, Marvin Blyden, Myron Jackson, Kurt Vialet, Dwayne DeGraff, and Donna Frett-Gregory.

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