Sept. 19, 2002 – It's been 24 hours of good news and bad news for Hovensa.
The refinery announced late Wednesday that Triangle Construction and Maintenance, one of six Hovensa contractors whose workers remained on furlough, had been successful in securing general liability insurance for its operations.
As a result, a Hovensa release stated, some 50 Triangle employees were to report for work on Thursday, with the remaining force of about 310 expected to return on Friday.
Then, on Thursday morning, came word that Gov. Charles W. Turnbull had signed into law a provision of the Omnibus Act of 2003 that in effect forbids employers from requiring that job applicants and new non-union hires sign an agreement to put disputes to binding arbitration. Hovensa put such a policy into effect in July.
And on Thursday afternoon, Hovensa spokesman Alex A. Moorhead announced that the company's coker operations had been shut down "for the repair of a component that failed." He said it is expected to take seven to 10 days to get the coker complex functioning again.
A three-sentence release from Hovensa provided no further details.
Turnbull said he approved the measure restricting the use of arbitration in the face of widely varying legal opinions on the issue of pre-employment agreements. U.S. District Judge Raymond Finch in June upheld the legality of imposing such a condition of employment. Hovensa had made public statements in recent weeks urging the governor to line-item veto the measure, saying it would not hold up in court; labor interests opposed to the requirement had spoken out disputing that view. The governor said he "determined that so severe a chasm is most appropriately resolved by the judiciary."
In addition, the governor said in his letter of transmittal to Senate President Almando "Rocky" Liburd that he wished "to acknowledge receipt" of a Senate resolution asking him to appoint a task force "to investigate employment concerns at Hovensa." Turnbull then commented: "The Virgin Islands business arena is currently undergoing various hardships resulting from numerous causes. It is a delicate balance that the government must maintain in order to ensure that the business sector receives fair treatment and likewise that employees are fairly treated. The Legislature should be careful to avoid the appearance of prejudgment and ensure that all sides are given a fair hearing."
In the Wednesday evening Hovensa release, Moorhead, vice president for government affairs and community relations, provided background on the events leading up its laying off hundreds of contract workers at midnight last Thursday because its liability coverage had expired and replacement insurance had not been obtained.
Moorhead said safety is not an issue in Hovensa's liability insurance problems. "The refinery is relatively new compared to other refineries in the U.S.," he said. Its oldest process units were constructed in 1966, the year Hess Oil Virgin Islands Corp. began operations, and most of the others have been built since the 1970s. The refinery, he said, "is well maintained, and, unlike most refineries, it's kept clean of litter, debris and spills."
Further, he said, the federal Occupational Safety and Health Administration's "recordable incident rate for contractor-employees" at Hovensa "compares favorably with that of other U.S. refineries and has been declining in recent years." The rate as of last month was 1.05, he said, representing a steady drop from 3.11 in 2000. The average rate for the refining industry is 1.35, he said. Hovensa's rate "is considered excellent safety performance, particularly in light of the major construction activities that took place during the last two years," he added.
Work on the refinery's huge coker, a 2.5-year undertaking, was completed in July and the complex had been in operation since Aug 1. The coker allows Hovensa to process a heavier, cheaper grade of crude oil than had been possible. Hovensa itself — a joint venture of Hess Oil Virgin Islands Corp. and a V.I. subsidiary of the giant state oil company Petroleos de Venezuela — was formed in order to facilitate the process of obtaining some $600 million in financing for the coker. In addition, extensive repair work was completed last summer on the refinery's catalytic cracking unit.
Moorhead's comments on safety were in response to allegations by Lee Rohn, a St. Croix lawyer who has represented numerous Hovensa workers in legal actions, that the refinery "is not a safe place to work." (See "Refinery layoffs spark charges, responses".)
He also challenged comments by Rohn and Lt. Gov. Gerard Luz James II that liability insurance is available, but at high premiums, calling on Rohn "to demonstrate the sincerity of her concern for the workers who are still out of work by providing information on any company that is willing to issue a policy for their employers."
According to Moorhead, Hovensa had provided liability insurance for its contractors since 1999 through a single policy purchased from American International Insurance Co. of Puerto Rico. On May 7, he said, American International advised Hovensa that it would not renew the policy that was to expire on Sept. 13.
Hovensa then began working with two large insurance brokers to seek replacement coverage, and those brokers contacted some 25 companies, Moorhead said. But efforts "were unsuccessful in getting any insurer to offer a policy to cover the maintenance contractors," the release stated. He had said earlier that one concern expressed by carriers was "the aggregate size of claims pending against the contractors." V.I. insurance industry executives have said there is a need for tort reform because of the exceptionally high jury awards in insurance cases locally and the resultant pressure on companies to settle out of court.
On July 26, Moorhead said, Hovensa asked its contractors to look into getting coverage for their own operations. In early September, the release said, Hovensa confirmed to the contractors that it had been unable to find an insurer willing to cover them as a group. Moorhead said this week that Hovensa would reimburse the contractors for insurance costs that they had not previously been responsible for.
A total of 11 contractors had been covered by the American International policy; four found insurance on their own through affiliated mainland companies before Sept. 13, and their workers remained on the job. Another, Longview Inspection, secured coverage early this week, enabling its equipment inspectors to go back to work.
Leroy Mitchell, Triangle general manager, had said on Wednesday that he hoped to be "close to an agreement" within the day.
The five contractors still without insurance, and whose workers remain on furlough, are Addison Construction, Best Construction, Jacobs-IMC, M&M Construction and V.I. Industrial Maintenance Corp. According to Moorhead, all except Longview provide mainly maintenance services, and the immediate impact of the layoffs has been interruption of work on several projects and loss of clerical, janitorial and groundskeeping services.
Moorhead said the five companies have approximately 650 workers who remain off the job. Adding the Triangle and Longview personnel, this would give a total of more than a thousand workers furloughed. Hovensa announced last Thursday that some 800 had been laid off. Moorhead said on Thursday that the "estimate of 800 was understated" and that the total was approximately 1,045.

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Sept. 19, 2002 – Following is a summary of the actions taken by Gov. Charles W. Turnbull on the Fiscal Year 2003 budget bills, seven rezoning bills and the catch-all Omnibus Act of 2003, as stated in a 10-page, single-spaced letter he sent to the president of the 24th Legislature on Wednesday.
Turnbull approved budgets of $490 million for the executive branch, $16.5 million for the Legislature, $23.7 million for the judicial branch and $29.1 million for the University of the Virgin Islands.
He signed all FY 2003 budget appropriation bills:
No. 24-0265 – appropriating $1.6 million for Property and Procurement Department operating expenses, from the Business and Commercial Properties Revolving Fund.
No. 24-0266 – appropriating $29 million to the University of the Virgin Islands for salaries and operations.
No. 24-0267 -appropriating $2.6 million to the Finance and Labor Departments for operations, from the Government Insurance Fund.
No. 24-0268 – appropriating a lump sum of $2.8 million for the Health Department, from the Health Revolving Fund.
No. 24-0269 – appropriating a lump sum of $2.7 million for salaries and operations of the Office of Management and Budget, Division of Personnel, Property and Procurement Department and Finance Department, from the Indirect Cost Fund.
No. 24-0270 – appropriating $5 million from the Insurance Guaranty Fund to the General Fund.
No. 24-0271 – appropriating $3.5 million from the Interest Revenue Fund to the General Fund.
No. 24-0272 – appropriating $69 million from the Internal Revenue Matching Fund to the General Fund and other transfers.
No. 24-0273 – appropriating $3.1 from the Caribbean Basin Initiative Fund for interfund transfers.
No. 24-0274 – appropriating $362,285 for Property and Procurement Department payroll and operations from the Transportation Revolving Fund.
No. 24-0275 – appropriating $940,000 for Public Works Department operations from the Sewage System Fund.
No. 24-0276 – appropriating $10 million from the Transportation Trust Fund to the General Fund.
No. 24-0277 – appropriating $605,576 to the Public Service Commission for operations.
No. 24-0278 – appropriating $1.6 million for Public Works Department operations from the St. John Capital Improvement Fund.
No. 24-0279 – appropriating $4.5 million to WTJX/Public Television System from the General Fund.
No. 24-0280 – appropriating $750,000 to the Housing Parks and Recreation Department for the territory's annual carnival events from the Tourism Advertising Revolving Fund.
No. 24-0281 – appropriating $100,000 for operations of the Public Employees Relations Board and the Labor Management Committee.
No. 24-0286 – authorizing the Office of Management and Budget director to allocate $4 million from the Miscellaneous Section to cover salary increases to executive branch departments and agencies.
No. 24-0287 – amending the V.I. Code to let the Property and Procurement commissioner set fees for use of the government printing office.
No. 24-0288 – appropriating $346,455 to the Taxicab Commission for operations.
No. 24-0289 – appropriating $1.1 million from the Anti-Litter and Beautification Fund to the Public Works Department, and for other purposes.
No. 24-0290 – appropriating $23.7 million for Territorial Court and Judicial Council salaries and operations, and for other purposes.
No. 24-0291 – appropriating $2.6 million for Territorial Public Defender's Office operations.
No. 24-0292 – approving allocation of the territory's 2002 federal Community Development Block Grant of $1.95 million and CDBG funds to be reprogrammed from four previous years.
No. 24-0303 – appropriating $16.5 million for salaries and operations of the Legislature.
The governor said while he decided to approve all of the above bills, the territory "must be cognizant of the changing revenue picture … While the public expects and demands various services from the government … the ability of the government to deliver will depend greatly on our revenue picture and maximizing our available resources."
He also approved Bill No. 24-0282 with one line-item veto."Veto of this item will ensure that all Beacon Schools in the territory will remain in operation," he said in his letter.
Omnibus line-item vetoes
Bill No. 24-0293, the 46-page, $22 million-plus Omnibus Appropriation Act of 2003, was the one that took up a lot of the governor's time and used up a fair amount of his ink. The bill and its amendments called for additional appropriations of more than $22 million. He line-item vetoed sections accounting for more than $13 million. They were, among other things, to:
– Reprogram tobacco funds for the creation of a cardiac center at Juan F. Luis Hospital. He cited advice from bond counsel that such a unilateral change in the territory's tobacco bonds authorization "could result in the recall of the entire bond issue."
– Appropriate $1.6 million to Luis Hospital from the General Fund to hire additional staff and raise salaries. He accused the senators of "legislative encroachment and irresponsible appropriations" and of "attempting to micromanage" hospital operations "and abrogate the role of the board of directors and the executive branch."
– Appropriate $3.75 million to the Housing Authority for mortgage subsidies and building and repair programs. He said expending funds in such ways "could result in shortfalls in the allotments to other agencies."
– Provide funding for potable water installation. The Water and Power Authority, he said, "has both the financial and technical ability to expand the potable water system."
– Create a territorial appellate court and appropriate $2.5 million to fund it. He said he favors the establishment of such a court but does not believe "that it should be done in a vacuum" without public discussion. He also said the proposed funding source — the Insurance Guaranty Fund — is "both improper and as a practical matter non-existent."
– Establish the Land Buyers Protection Act. He said the measure in changing the obligations of sellers in land transactions would "potentially harm the interests of individuals wishing to buy and sell land."
– Reduce the time frame to 90 days from the current 180 days in which interim heads of departments and agencies can serve in an acting capacity while a search is undertaken to find a permanent appointee. "The shortening of the time frame would only aggravate the problem," the governor said.
– Use Planning and Natural Resources Department hunting and sportfishing fees to create a Fish and Wildlife Fund that could be used only for fish restoration and management projects. Turnbull said DPNR had no opportunity to review or participate in the process of drafting or amending the language of the measure.
– Provide cost-of-living subsidies to certain St. John residents. He said "substantive study or review of the impact and ramifications" is needed before such a course of action is considered.
– Create a Department of Youth Affairs, Sports and Recreation which would consolidate certain activities now under various agencies. He noted that he had earlier proposed a similar department, but said his proposal was to reduce government bureaucracy and expenditures, not expand them.
– Make changes in private sector regulation that he said would have the effect of "raising the cost of development, a cost which is ultimately passed on to the consumer."
– Impose a statutory limit regarding the removal of abandoned vehicles. He said the Legislature "should not micro-manage" such activities.
– Grant non-profit status and, thereby, tax exemption to the V.I. Carnival Committee. Such status, if appropriate, should be sought through standard local and federal channels, he said.
– Appropriate Casino Revenue Fund money for youth programs.
– Appropriate property tax revenues that have already been ot herwise committed and have not yet been received.
– Appropriate funds from the so-called Second Extension Agreement with Hovensa and from proceeds of lottery and casino gaming that are already committed.
Omnibus items approved
The Omnibus Act as approved by the governor includes the following appropriations:
– $1.5 million for start-up of the University of the Virgin Islands Research and Technology Park on St. Croix.
– $1.5 million for Public Works to initiate house-to-house garbage collection on St. Thomas and St. John.
– $1 million for Luis Hospital for medicines.
– $900,000 for Fire Services to add personnel and construct St. Thomas fire stations downtown and in Bordeaux.
– $500,000 for WAPA to carry out street lighting maintenance.
– $400,000 for the Myrah Keating Community Health Center to complete its hemodialysis unit.
– $250,000 for Women's Resource Center for salaries and operations.
– $175,000 for the hiring of four Emergency Medical Technicians on St. John.
Additional remarks
Turnbull chided the Senate for its failure to approve a "$10 million technical amendment" to the executive budget that he submitted in June to fund an interim solution to St. Croix's solid waste disposal, given federal orders to close down the Anguilla landfill by the end of the year. He said the measure included "a $1.6 million stipulated fine payment" to the Environmental Protection Agency "in lieu of a $25 million fine."
He made a point of saying he had approved a section of the Omnibus bill that restricts the use of binding arbitration in resolving labor-management disputes. The measure effectively outlaws any requirement on the part of employers that new hires, as a condition of employment, agree to have disputes resolved by arbitration. Hovensa and one of its contractors have such policies in place.
In other Hovensa-related action, Turnbull said he wanted "to acknowledge receipt" of Bill No. 24-0304, a resolution petitioning him to appoint a task force "to investigate employment concerns at Hovensa." While not indicating his response to the request, he noted that the local business sector "is currently undergoing various hardships resulting from numerous causes." He said government must maintain "a delicate balance … to ensure that the business sector receives fair treatment and likewise that employees are fairly treated."
In pointing out his approval of a section granting WAPA a $500,000 subsidy for street light maintenance, the governor inexplicably he added: "Taken with the surcharge recently approved" by the Public Services Commission, the subsidy would help ensure that "more of our neighborhoods will be lighted in the near future." WAPA has requested such a surcharge, but the PSC has yet to act on the request.
St. John, St. Croix rezoning
The governor also approved seven rezoning bills:
No. 24-0296 – Parcel No. 1-Kc, Estate Bethany No. 6, Cruz Bay Quarter, St. John, from R-2 to R-3.
No. 24-0297 – Parcel No. 5g, Remainder Estate Pastory No. 5, Cruz Bay Quarter, St. John, from R-2 to R-3.
No. 24-0298 – Parcel No. 14-3, Estate Carolina No. 1, Coral Bay Quarter, St. John, from R-2 to B-3 and for other purposes.
No. 24-0299 – Plot No. 9, North Street, Christiansted, St. Croix, from R-3 to B-3.
No. 24-0300 – Plot No. 43, Estate Contentment, Company Quarter, St. Croix, from R-1 to B-3.
No. 24-0301 – Plot No. 40MCA, Estate La Grange, West End Quarter, St. Croix, from R-1 to B-3.
No. 24-0302 – Plot No. 236, Estate Glynn, King's Quarter, St. Croix, from R-1 to B-3.

Publisher's note : Like the St. Croix Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.

Sept. 19, 2002 – Following is a summary of the actions taken by Gov. Charles W. Turnbull on the Fiscal Year 2003 budget bills, seven rezoning bills and the catch-all Omnibus Act of 2003, as stated in a 10-page, single-spaced letter he sent to the president of the 24th Legislature on Wednesday.
Turnbull approved budgets of $490 million for the executive branch, $16.5 million for the Legislature, $23.7 million for the judicial branch and $29.1 million for the University of the Virgin Islands.
He signed all FY 2003 budget appropriation bills:
No. 24-0265 – appropriating $1.6 million for Property and Procurement Department operating expenses, from the Business and Commercial Properties Revolving Fund.
No. 24-0266 – appropriating $29 million to the University of the Virgin Islands for salaries and operations.
No. 24-0267 -appropriating $2.6 million to the Finance and Labor Departments for operations, from the Government Insurance Fund.
No. 24-0268 – appropriating a lump sum of $2.8 million for the Health Department, from the Health Revolving Fund.
No. 24-0269 – appropriating a lump sum of $2.7 million for salaries and operations of the Office of Management and Budget, Division of Personnel, Property and Procurement Department and Finance Department, from the Indirect Cost Fund.
No. 24-0270 – appropriating $5 million from the Insurance Guaranty Fund to the General Fund.
No. 24-0271 – appropriating $3.5 million from the Interest Revenue Fund to the General Fund.
No. 24-0272 – appropriating $69 million from the Internal Revenue Matching Fund to the General Fund and other transfers.
No. 24-0273 – appropriating $3.1 from the Caribbean Basin Initiative Fund for interfund transfers.
No. 24-0274 – appropriating $362,285 for Property and Procurement Department payroll and operations from the Transportation Revolving Fund.
No. 24-0275 – appropriating $940,000 for Public Works Department operations from the Sewage System Fund.
No. 24-0276 – appropriating $10 million from the Transportation Trust Fund to the General Fund.
No. 24-0277 – appropriating $605,576 to the Public Service Commission for operations.
No. 24-0278 – appropriating $1.6 million for Public Works Department operations from the St. John Capital Improvement Fund.
No. 24-0279 – appropriating $4.5 million to WTJX/Public Television System from the General Fund.
No. 24-0280 – appropriating $750,000 to the Housing Parks and Recreation Department for the territory's annual carnival events from the Tourism Advertising Revolving Fund.
No. 24-0281 – appropriating $100,000 for operations of the Public Employees Relations Board and the Labor Management Committee.
No. 24-0286 – authorizing the Office of Management and Budget director to allocate $4 million from the Miscellaneous Section to cover salary increases to executive branch departments and agencies.
No. 24-0287 – amending the V.I. Code to let the Property and Procurement commissioner set fees for use of the government printing office.
No. 24-0288 – appropriating $346,455 to the Taxicab Commission for operations.
No. 24-0289 – appropriating $1.1 million from the Anti-Litter and Beautification Fund to the Public Works Department, and for other purposes.
No. 24-0290 – appropriating $23.7 million for Territorial Court and Judicial Council salaries and operations, and for other purposes.
No. 24-0291 – appropriating $2.6 million for Territorial Public Defender's Office operations.
No. 24-0292 – approving allocation of the territory's 2002 federal Community Development Block Grant of $1.95 million and CDBG funds to be reprogrammed from four previous years.
No. 24-0303 – appropriating $16.5 million for salaries and operations of the Legislature.
The governor said while he decided to approve all of the above bills, the territory "must be cognizant of the changing revenue picture … While the public expects and demands various services from the government … the ability of the government to deliver will depend greatly on our revenue picture and maximizing our available resources."
He also approved Bill No. 24-0282 with one line-item veto."Veto of this item will ensure that all Beacon Schools in the territory will remain in operation," he said in his letter.
Omnibus line-item vetoes
Bill No. 24-0293, the 46-page, $22 million-plus Omnibus Appropriation Act of 2003, was the one that took up a lot of the governor's time and used up a fair amount of his ink. The bill and its amendments called for additional appropriations of more than $22 million. He line-item vetoed sections accounting for more than $13 million. They were, among other things, to:
– Reprogram tobacco funds for the creation of a cardiac center at Juan F. Luis Hospital. He cited advice from bond counsel that such a unilateral change in the territory's tobacco bonds authorization "could result in the recall of the entire bond issue."
– Appropriate $1.6 million to Luis Hospital from the General Fund to hire additional staff and raise salaries. He accused the senators of "legislative encroachment and irresponsible appropriations" and of "attempting to micromanage" hospital operations "and abrogate the role of the board of directors and the executive branch."
– Appropriate $3.75 million to the Housing Authority for mortgage subsidies and building and repair programs. He said expending funds in such ways "could result in shortfalls in the allotments to other agencies."
– Provide funding for potable water installation. The Water and Power Authority, he said, "has both the financial and technical ability to expand the potable water system."
– Create a territorial appellate court and appropriate $2.5 million to fund it. He said he favors the establishment of such a court but does not believe "that it should be done in a vacuum" without public discussion. He also said the proposed funding source — the Insurance Guaranty Fund — is "both improper and as a practical matter non-existent."
– Establish the Land Buyers Protection Act. He said the measure in changing the obligations of sellers in land transactions would "potentially harm the interests of individuals wishing to buy and sell land."
– Reduce the time frame to 90 days from the current 180 days in which interim heads of departments and agencies can serve in an acting capacity while a search is undertaken to find a permanent appointee. "The shortening of the time frame would only aggravate the problem," the governor said.
– Use Planning and Natural Resources Department hunting and sportfishing fees to create a Fish and Wildlife Fund that could be used only for fish restoration and management projects. Turnbull said DPNR had no opportunity to review or participate in the process of drafting or amending the language of the measure.
– Provide cost-of-living subsidies to certain St. John residents. He said "substantive study or review of the impact and ramifications" is needed before such a course of action is considered.
– Create a Department of Youth Affairs, Sports and Recreation which would consolidate certain activities now under various agencies. He noted that he had earlier proposed a similar department, but said his proposal was to reduce government bureaucracy and expenditures, not expand them.
– Make changes in private sector regulation that he said would have the effect of "raising the cost of development, a cost which is ultimately passed on to the consumer."
– Impose a statutory limit regarding the removal of abandoned vehicles. He said the Legislature "should not micro-manage" such activities.
– Grant non-profit status and, thereby, tax exemption to the V.I. Carnival Committee. Such status, if appropriate, should be sought through standard local and federal channels, he said.
– Appropriate Casino Revenue Fund money for youth programs.
– Appropriate property tax revenues that have already been ot herwise committed and have not yet been received.
– Appropriate funds from the so-called Second Extension Agreement with Hovensa and from proceeds of lottery and casino gaming that are already committed.
Omnibus items approved
The Omnibus Act as approved by the governor includes the following appropriations:
– $1.5 million for start-up of the University of the Virgin Islands Research and Technology Park on St. Croix.
– $1.5 million for Public Works to initiate house-to-house garbage collection on St. Thomas and St. John.
– $1 million for Luis Hospital for medicines.
– $900,000 for Fire Services to add personnel and construct St. Thomas fire stations downtown and in Bordeaux.
– $500,000 for WAPA to carry out street lighting maintenance.
– $400,000 for the Myrah Keating Community Health Center to complete its hemodialysis unit.
– $250,000 for Women's Resource Center for salaries and operations.
– $175,000 for the hiring of four Emergency Medical Technicians on St. John.
Additional remarks
Turnbull chided the Senate for its failure to approve a "$10 million technical amendment" to the executive budget that he submitted in June to fund an interim solution to St. Croix's solid waste disposal, given federal orders to close down the Anguilla landfill by the end of the year. He said the measure included "a $1.6 million stipulated fine payment" to the Environmental Protection Agency "in lieu of a $25 million fine."
He made a point of saying he had approved a section of the Omnibus bill that restricts the use of binding arbitration in resolving labor-management disputes. The measure effectively outlaws any requirement on the part of employers that new hires, as a condition of employment, agree to have disputes resolved by arbitration. Hovensa and one of its contractors have such policies in place.
In other Hovensa-related action, Turnbull said he wanted "to acknowledge receipt" of Bill No. 24-0304, a resolution petitioning him to appoint a task force "to investigate employment concerns at Hovensa." While not indicating his response to the request, he noted that the local business sector "is currently undergoing various hardships resulting from numerous causes." He said government must maintain "a delicate balance … to ensure that the business sector receives fair treatment and likewise that employees are fairly treated."
In pointing out his approval of a section granting WAPA a $500,000 subsidy for street light maintenance, the governor inexplicably he added: "Taken with the surcharge recently approved" by the Public Services Commission, the subsidy would help ensure that "more of our neighborhoods will be lighted in the near future." WAPA has requested such a surcharge, but the PSC has yet to act on the request.
St. John, St. Croix rezoning
The governor also approved seven rezoning bills:
No. 24-0296 – Parcel No. 1-Kc, Estate Bethany No. 6, Cruz Bay Quarter, St. John, from R-2 to R-3.
No. 24-0297 – Parcel No. 5g, Remainder Estate Pastory No. 5, Cruz Bay Quarter, St. John, from R-2 to R-3.
No. 24-0298 – Parcel No. 14-3, Estate Carolina No. 1, Coral Bay Quarter, St. John, from R-2 to B-3 and for other purposes.
No. 24-0299 – Plot No. 9, North Street, Christiansted, St. Croix, from R-3 to B-3.
No. 24-0300 – Plot No. 43, Estate Contentment, Company Quarter, St. Croix, from R-1 to B-3.
No. 24-0301 – Plot No. 40MCA, Estate La Grange, West End Quarter, St. Croix, from R-1 to B-3.
No. 24-0302 – Plot No. 236, Estate Glynn, King's Quarter, St. Croix, from R-1 to B-3.

Publisher's note : Like the St. John Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.

Sept. 19, 2002 – Following is a summary of the actions taken by Gov. Charles W. Turnbull on the Fiscal Year 2003 budget bills, seven rezoning bills and the catch-all Omnibus Act of 2003, as stated in a 10-page, single-spaced letter he sent to the president of the 24th Legislature on Wednesday.
Turnbull approved budgets of $490 million for the executive branch, $16.5 million for the Legislature, $23.7 million for the judicial branch and $29.1 million for the University of the Virgin Islands.
He signed all FY 2003 budget appropriation bills:
No. 24-0265 – appropriating $1.6 million for Property and Procurement Department operating expenses, from the Business and Commercial Properties Revolving Fund.
No. 24-0266 – appropriating $29 million to the University of the Virgin Islands for salaries and operations.
No. 24-0267 -appropriating $2.6 million to the Finance and Labor Departments for operations, from the Government Insurance Fund.
No. 24-0268 – appropriating a lump sum of $2.8 million for the Health Department, from the Health Revolving Fund.
No. 24-0269 – appropriating a lump sum of $2.7 million for salaries and operations of the Office of Management and Budget, Division of Personnel, Property and Procurement Department and Finance Department, from the Indirect Cost Fund.
No. 24-0270 – appropriating $5 million from the Insurance Guaranty Fund to the General Fund.
No. 24-0271 – appropriating $3.5 million from the Interest Revenue Fund to the General Fund.
No. 24-0272 – appropriating $69 million from the Internal Revenue Matching Fund to the General Fund and other transfers.
No. 24-0273 – appropriating $3.1 from the Caribbean Basin Initiative Fund for interfund transfers.
No. 24-0274 – appropriating $362,285 for Property and Procurement Department payroll and operations from the Transportation Revolving Fund.
No. 24-0275 – appropriating $940,000 for Public Works Department operations from the Sewage System Fund.
No. 24-0276 – appropriating $10 million from the Transportation Trust Fund to the General Fund.
No. 24-0277 – appropriating $605,576 to the Public Service Commission for operations.
No. 24-0278 – appropriating $1.6 million for Public Works Department operations from the St. John Capital Improvement Fund.
No. 24-0279 – appropriating $4.5 million to WTJX/Public Television System from the General Fund.
No. 24-0280 – appropriating $750,000 to the Housing Parks and Recreation Department for the territory's annual carnival events from the Tourism Advertising Revolving Fund.
No. 24-0281 – appropriating $100,000 for operations of the Public Employees Relations Board and the Labor Management Committee.
No. 24-0286 – authorizing the Office of Management and Budget director to allocate $4 million from the Miscellaneous Section to cover salary increases to executive branch departments and agencies.
No. 24-0287 – amending the V.I. Code to let the Property and Procurement commissioner set fees for use of the government printing office.
No. 24-0288 – appropriating $346,455 to the Taxicab Commission for operations.
No. 24-0289 – appropriating $1.1 million from the Anti-Litter and Beautification Fund to the Public Works Department, and for other purposes.
No. 24-0290 – appropriating $23.7 million for Territorial Court and Judicial Council salaries and operations, and for other purposes.
No. 24-0291 – appropriating $2.6 million for Territorial Public Defender's Office operations.
No. 24-0292 – approving allocation of the territory's 2002 federal Community Development Block Grant of $1.95 million and CDBG funds to be reprogrammed from four previous years.
No. 24-0303 – appropriating $16.5 million for salaries and operations of the Legislature.
The governor said while he decided to approve all of the above bills, the territory "must be cognizant of the changing revenue picture … While the public expects and demands various services from the government … the ability of the government to deliver will depend greatly on our revenue picture and maximizing our available resources."
He also approved Bill No. 24-0282 with one line-item veto."Veto of this item will ensure that all Beacon Schools in the territory will remain in operation," he said in his letter.
Omnibus line-item vetoes
Bill No. 24-0293, the 46-page, $22 million-plus Omnibus Appropriation Act of 2003, was the one that took up a lot of the governor's time and used up a fair amount of his ink. The bill and its amendments called for additional appropriations of more than $22 million. He line-item vetoed sections accounting for more than $13 million. They were, among other things, to:
– Reprogram tobacco funds for the creation of a cardiac center at Juan F. Luis Hospital. He cited advice from bond counsel that such a unilateral change in the territory's tobacco bonds authorization "could result in the recall of the entire bond issue."
– Appropriate $1.6 million to Luis Hospital from the General Fund to hire additional staff and raise salaries. He accused the senators of "legislative encroachment and irresponsible appropriations" and of "attempting to micromanage" hospital operations "and abrogate the role of the board of directors and the executive branch."
– Appropriate $3.75 million to the Housing Authority for mortgage subsidies and building and repair programs. He said expending funds in such ways "could result in shortfalls in the allotments to other agencies."
– Provide funding for potable water installation. The Water and Power Authority, he said, "has both the financial and technical ability to expand the potable water system."
– Create a territorial appellate court and appropriate $2.5 million to fund it. He said he favors the establishment of such a court but does not believe "that it should be done in a vacuum" without public discussion. He also said the proposed funding source — the Insurance Guaranty Fund — is "both improper and as a practical matter non-existent."
– Establish the Land Buyers Protection Act. He said the measure in changing the obligations of sellers in land transactions would "potentially harm the interests of individuals wishing to buy and sell land."
– Reduce the time frame to 90 days from the current 180 days in which interim heads of departments and agencies can serve in an acting capacity while a search is undertaken to find a permanent appointee. "The shortening of the time frame would only aggravate the problem," the governor said.
– Use Planning and Natural Resources Department hunting and sportfishing fees to create a Fish and Wildlife Fund that could be used only for fish restoration and management projects. Turnbull said DPNR had no opportunity to review or participate in the process of drafting or amending the language of the measure.
– Provide cost-of-living subsidies to certain St. John residents. He said "substantive study or review of the impact and ramifications" is needed before such a course of action is considered.
– Create a Department of Youth Affairs, Sports and Recreation which would consolidate certain activities now under various agencies. He noted that he had earlier proposed a similar department, but said his proposal was to reduce government bureaucracy and expenditures, not expand them.
– Make changes in private sector regulation that he said would have the effect of "raising the cost of development, a cost which is ultimately passed on to the consumer."
– Impose a statutory limit regarding the removal of abandoned vehicles. He said the Legislature "should not micro-manage" such activities.
– Grant non-profit status and, thereby, tax exemption to the V.I. Carnival Committee. Such status, if appropriate, should be sought through standard local and federal channels, he said.
– Appropriate Casino Revenue Fund money for youth programs.
– Appropriate property tax revenues that have already been ot herwise committed and have not yet been received.
– Appropriate funds from the so-called Second Extension Agreement with Hovensa and from proceeds of lottery and casino gaming that are already committed.
Omnibus items approved
The Omnibus Act as approved by the governor includes the following appropriations:
– $1.5 million for start-up of the University of the Virgin Islands Research and Technology Park on St. Croix.
– $1.5 million for Public Works to initiate house-to-house garbage collection on St. Thomas and St. John.
– $1 million for Luis Hospital for medicines.
– $900,000 for Fire Services to add personnel and construct St. Thomas fire stations downtown and in Bordeaux.
– $500,000 for WAPA to carry out street lighting maintenance.
– $400,000 for the Myrah Keating Community Health Center to complete its hemodialysis unit.
– $250,000 for Women's Resource Center for salaries and operations.
– $175,000 for the hiring of four Emergency Medical Technicians on St. John.
Additional remarks
Turnbull chided the Senate for its failure to approve a "$10 million technical amendment" to the executive budget that he submitted in June to fund an interim solution to St. Croix's solid waste disposal, given federal orders to close down the Anguilla landfill by the end of the year. He said the measure included "a $1.6 million stipulated fine payment" to the Environmental Protection Agency "in lieu of a $25 million fine."
He made a point of saying he had approved a section of the Omnibus bill that restricts the use of binding arbitration in resolving labor-management disputes. The measure effectively outlaws any requirement on the part of employers that new hires, as a condition of employment, agree to have disputes resolved by arbitration. Hovensa and one of its contractors have such policies in place.
In other Hovensa-related action, Turnbull said he wanted "to acknowledge receipt" of Bill No. 24-0304, a resolution petitioning him to appoint a task force "to investigate employment concerns at Hovensa." While not indicating his response to the request, he noted that the local business sector "is currently undergoing various hardships resulting from numerous causes." He said government must maintain "a delicate balance … to ensure that the business sector receives fair treatment and likewise that employees are fairly treated."
In pointing out his approval of a section granting WAPA a $500,000 subsidy for street light maintenance, the governor inexplicably he added: "Taken with the surcharge recently approved" by the Public Services Commission, the subsidy would help ensure that "more of our neighborhoods will be lighted in the near future." WAPA has requested such a surcharge, but the PSC has yet to act on the request.
St. John, St. Croix rezoning
The governor also approved seven rezoning bills:
No. 24-0296 – Parcel No. 1-Kc, Estate Bethany No. 6, Cruz Bay Quarter, St. John, from R-2 to R-3.
No. 24-0297 – Parcel No. 5g, Remainder Estate Pastory No. 5, Cruz Bay Quarter, St. John, from R-2 to R-3.
No. 24-0298 – Parcel No. 14-3, Estate Carolina No. 1, Coral Bay Quarter, St. John, from R-2 to B-3 and for other purposes.
No. 24-0299 – Plot No. 9, North Street, Christiansted, St. Croix, from R-3 to B-3.
No. 24-0300 – Plot No. 43, Estate Contentment, Company Quarter, St. Croix, from R-1 to B-3.
No. 24-0301 – Plot No. 40MCA, Estate La Grange, West End Quarter, St. Croix, from R-1 to B-3.
No. 24-0302 – Plot No. 236, Estate Glynn, King's Quarter, St. Croix, from R-1 to B-3.

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Sept. 19, 2002 — The de Jongh Arnold 2002 campaign team will hold a Quadrille Dance starting at 10 p.m. Friday, September 20, in St. Gerard's Hall, Frederiksted. Stanley and the Ten Sleepless Knights will provide the music, and Curtis Williams will be caller.
Tickets are $6 in advance or $7 at the door. Tickets can be purchased at the de Jongh Arnold Headquarters in Christiansted. For further information, call 773-2002.

Sept. 19, 2002 — The de Jongh Arnold 2002 campaign team will hold a Quadrille Dance starting at 10 p.m. Friday, September 20, in St. Gerard's Hall, Frederiksted. Stanley and the Ten Sleepless Knights will provide the music, and Curtis Williams will be caller.
Tickets are $6 in advance or $7 at the door. Tickets can be purchased at the de Jongh Arnold Headquarters in Christiansted. For further information, call 773-2002.
Publisher's note : Like the St. Croix Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.

Dan'l Liburd, age 24, of 5-43 Estate Fortuna, died on Tuesday, Sept. 17, at Roy L. Schneider Hospital. His funeral will be at 10:30 a.m. on Saturday, Sept. 28, at Faith Christ Fellowship. First viewing will be from 9:30 to 10:30 p.m. on Friday, Sept. 27, at the Davis Funeral Home. Second viewing will precede the service at 9:30 to 10:30 a.m. at Faith Christ Fellowship. Interment will be at Western Cemetery.
He is survived by his mother Dona Harvey-Matthias; father Daniel Liburd; stepmother Vasti Liburd; stepfather Elvin Matthias; daughter Lynel Liburd; brothers Donald, Dwayne, Robelto, Mervin and Winston; sisters Dava, Innocent, Brenda and Karen; and many other relatives and friends.

Sept. 19, 2002 – Sooner or later it had to happen, and after 17 years, it has come to pass.
They've raised the cost of a taste of red at the Texas Society of the Virgin Islands Annual Chili Cook-Off. All the way from 25 to 33 1/3 cents.
But you know what? They're still expecting the usual hordes of chili lovers and other party people to head to St. Thomas's Sapphire Beach on Sunday afternoon to take in the 18th annual celebration of all that's hot — sun, sand, sounds and the meaty mixtures cooked up by devotees of Chiligula, the modern-mythology god of chili-heads.
So much so, perennial cook-off planner Georgeann Peters says, that the society has organized shuttle service from two remote parking areas this year. And, if you point your wheels in the right direction, you'll get a close-up view of the new St. Thomas Swimming Association pool in the deal.
Satellite parking will be available by the pool (next to the National Guard armory) and in the Wyndham Sugar Bay Resort lot. Shuttle service from both sites and back will be $1 each way. For those who park (legally, Peters emphasizes) along the road above the Sapphire Resort complex, Dial-A-Ride will provide mini-shuttle service from the main entrance down to the beach and back; the cost in this case also is $1 each way, with the proceeds to benefit the Dial-A-Ride program.
Peters says the society is pleased to partner with the swimming association in providing the public an opportunity to see the new pool — which is just about complete but doesn't have water in it yet. "Many people don't know it's finished. Many people don't even know where it is," she notes.
This is the eighth cook-off at Sapphire Beach, Peters says, pointing out that there's no problem remembering when the venue was first used. "We were scheduled for the day Hurricane Marilyn hit," she recalls. The event was postponed until November, when it turned out to be the best fund-raiser the society has ever had. "People were really in the mood for that one," she says.
The cook-off got its start at a restaurant called For the Birds on Scott Beach. After a couple of years, it was clear that a larger space with more parking was imperative. One event was held at Magens Bay, and then the society moved things to John Brewers Bay, where it stayed until the switch to Sapphire — again because of a need for more parking space.
There are "about 40 entries" for this year's cook-off, Peters says, adding with a chuckle, "Two will party too hardy at the cooks' party the night before, so count those out."
Competitors will set up shop at the crack of dawn Sunday, governed by rules that require everything to be prepared from scratch on site — and that forbid any kind of "filler" such as beans or rice in the chili they submit to the judging panel at noon. (After that, everybody's free to add in the add-ins, and many do — in part to make their pot of chili go farther — so don't be surprised to find such additives in your tasting cups.)
Judges will select the top 10 entries, with the top prize, as always, being a trip to Terlingua, Texas, to represent the Virgin Islands in the annual competition of the Chili Appreciation Society International. Separate judging will be held for three "showmanship" awards, which have little to do with chili and lots to do with what you do with it as a backdrop or prop.
At noon, public tasting begins. The drill is you stand in line to get your tickets for chili samples (3 for $1) and cold drinks and then you hang out as long as you like, tasting contestants' wares; washing them down with beer, soda or water; listening to live music; playing games; and, in the process, helping to raise funds for local worthy causes.
There's a commemorative T-shirt, too. This year's was designed on the front by DeLisa Correa, a student at Ivanna Eudora Kean High School, whose entry was selected in a competition. The back design is by Rosaline Carty, a Labor Department employee.
The musical entertainment will start off in the morning with something special for the cooks — "deejay Catfish doing 'Good Morning, America' Robin Williams-style," Peters says. At noon, Blue Shoes will take to the stage, with R.J. Nuisance and a country-western jam featuring the Bareback Riders and Lightnin' Phil and the Low Pressure System to follow. In between the performances, there will be beach games for kids and adults.
Peters says the music will go until about 5:30 p.m. Tried and true chili tasters know to get there by soon after noon to get the pick of the pots.
The cook-off proceeds will benefit the Queen Louise Home for the Aged, the local chapter of the American Red Cross, St. Thomas Rescue, St. Thomas Swimming Association, the Virgin Islands Institute of Performing Arts, Family Support Network, KidScope and Dial-A-Ride.

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Sept. 19, 2002 – Sooner or later it had to happen, and after 17 years, it has come to pass.
They've raised the cost of a taste of red at the Texas Society of the Virgin Islands Annual Chili Cook-Off. All the way from 25 to 33 1/3 cents.
But you know what? They're still expecting the usual hordes of chili lovers and other party people to head on out to Sapphire Beach on Sunday afternoon to take in the 18th annual celebration of all that's hot — sun, sand, sounds and the meaty mixtures cooked up by devotees of Chiligula, the modern-mythology god of chili-heads.
So much so, perennial cook-off planner Georgeann Peters says, that the society has organized shuttle service from two remote parking areas this year. And, if you point your wheels in the right direction, you'll get a close-up view of the new St. Thomas Swimming Association pool in the deal.
Satellite parking will be available by the pool (next to the National Guard armory) and in the Wyndham Sugar Bay Resort lot. Shuttle service from both sites and back will be $1 each way. For those who park (legally, Peters emphasizes) along the road above the Sapphire Resort complex, Dial-A-Ride will provide mini-shuttle service from the main entrance down to the beach and back; the cost in this case also is $1 each way, with the proceeds to benefit the Dial-A-Ride program.
Peters says the society is pleased to partner with the swimming association in providing the public an opportunity to see the new pool — which is just about complete but doesn't have water in it yet. "Many people don't know it's finished. Many people don't even know where it is," she notes.
This is the eighth cook-off at Sapphire Beach, Peters says, pointing out that there's no problem remembering when the venue was first used. "We were scheduled for the day Hurricane Marilyn hit," she recalls. The event was postponed until November, when it turned out to be the best fund-raiser the society has ever had. "People were really in the mood for that one," she says.
The cook-off got its start at a restaurant called For the Birds on Scott Beach. After a couple of years, it was clear that a larger space with more parking was imperative. One event was held at Magens Bay, and then the society moved things to John Brewers Bay, where it stayed until the switch to Sapphire — again because of a need for more parking space.
There are "about 40 entries" for this year's cook-off, Peters says, adding with a chuckle, "Two will party too hardy at the cooks' party the night before, so count those out."
Competitors will set up shop at the crack of dawn Sunday, governed by rules that require everything to be prepared from scratch on site — and that forbid any kind of "filler" such as beans or rice in the chili they submit to the judging panel at noon. (After that, everybody's free to add in the add-ins, and many do — in part to make their pot of chili go farther — so don't be surprised to find such additives in your tasting cups.)
Judges will select the top 10 entries, with the top prize, as always, being a trip to Terlingua, Texas, to represent the Virgin Islands in the annual competition of the Chili Appreciation Society International. Separate judging will be held for three "showmanship" awards, which have little to do with chili and lots to do with what you do with it as a backdrop or prop.
At noon, public tasting begins. The drill is you stand in line to get your tickets for chili samples (three for $1) and cold drinks and then you hang out as long as you like, tasting contestants' wares; washing them down with beer, soda or water; listening to live music; playing games; and, in the process, helping to raise funds for local worthy causes.
There's a commemorative T-shirt, too. This year's was designed on the front by DeLisa Correa, a student at Ivanna Eudora Kean High School, whose entry was selected in a competition. The back design is by Rosaline Carty, a Labor Department employee.
The musical entertainment will start off in the morning with something special for the cooks — "deejay Catfish doing 'Good Morning, America' Robin Williams-style," Peters says. At noon, Blue Shoes will take to the stage, with R.J. Nuisance and a country-western jam featuring the Bareback Riders and Lightnin' Phil and the Low Pressure System to follow. In between the performances, there will be beach games for kids and adults.
Peters says the music will go until about 5:30 p.m. Tried and true chili tasters know to get there by soon after noon to get the pick of the pots.
The cook-off proceeds will benefit the Queen Louise Home for the Aged, the local chapter of the American Red Cross, St. Thomas Rescue, St. Thomas Swimming Association, the Virgin Islands Institute of Performing Arts, Family Support Network, KidScope and Dial-A-Ride.

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Sept. 19, 2002 — The University of the Virgin Islands is embarking on a new program designed to relate research to improvements in Virgin Islands communities and quality of life.
EPSCoR, the Experimental Program for the Stimulation of Competitive Research, is a National Science Foundation program started more than two decades ago to allow states and territories to upgrade research infrastructure in their area and improve competitiveness for research grants from government agencies. It seeks to support high-quality research that serves the needs of the community by building its economy, said a release.
Dr. Henry H. Smith, vice provost for research and public service at UVI, applied for and has received for the university a planning grant. During the next nine months three task forces will identify interests of researchers, strengths of local research, and community needs that research can meet, and will establish processes and criteria for selecting research focus areas to be pursued during the first three-year implementation grant period. The Virgin Islands' special interests in marine sciences, water supply and natural disasters are shared in particular by Alaska and Hawaii, which are also EPSCoR entities.
Smith is program director, and Prof. Roy Watlington is VI-EPSCoR coordinator. Smith and Watlington recently participated in a national EPSCoR program in Anchorage, Alaska.
The program is open to states or territories that have been awarded small amounts — as small as 7/10 of a percent of the NSF budget — in order to upgrade their ability to obtain and use grant funds. Because states with that low level of funding usually have no large research institutions to do the job. The lead university in such cases has to consider interests of all research institutions in the jurisdiction.
The program is awarded to UVI as coordinator of the territory-level program and, in addition to fostering research at the university, also fosters public and private sector research as well. Non-federal matching is a continuing requirement.
The planning grant, said Smith, is a one-year grant that has already begun. The following implementation grants are on a three-year basis, with reapplying necessary.
The following examples of other areas' activities financed by EPSCoR funding show the possibilities of this program for impacting the Virgin Islands' economy and life conditions:
— Puerto Rico, which has been an EPSCoR site since 1985, mounted a high-performance computing facility with a network infrastructure.
— Montana spearheads a document delivery project that involves the librarians at many of the 30-plus EPSCoR sites. The V.I. electronic connectivity makes this project viable, doing away with the sending of borrowed library books and journals for last week's research need.
— Vermont has cooperative research to improve management and restoration of the state's environment. Projects are underway in the area of public waters, treating dairy wastes, and wetlands.
— Oklahoma established the Arkansas Center for Space and Planetary Sciences, which allows the two states to develop a major mission to visit asteroids and bring back samples.
— Idaho has a major project with watershed restoration, including land use and farming practices, sediment damage, and water quality.
The projects range from dreams of outer space to management of wetlands, and UVI will lead the way in choosing projects that fit the needs and desires of V.I. communities.
For more about EPSCoR, visit the National Science Foundation's EPSCor Web page at www.ehr.nsf.gov/epscor/. UVI expects to mount its own EPSCor Web page soon.
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