GOODWIN SUIT FAILS; BERRY TAKES SENATE SEAT

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Sen. Lorraine Berry has won the Senate's seventh seat in the St. Thomas district. Territorial Court Judge Ishmael Meyers issued a ruling late Wednesday in Sen. George Goodwin's suit against the Board of Elections contesting the absentee ballot votes.
James Francis, Berry's chief of staff, said at about 6:30 p.m. Thursday that Berry was busy reading the 18-page ruling and would comment later.
Meyers heard more than 15 hours of testimony last Wednesday and Thursday in Territorial Court. Goodwin contended that 480 of the absentee ballots should be thrown out because they were not postmarked. He had won the seventh seat in the election, but Berry surpassed him by 26 absentee ballot votes to take the seat.
The envelopes are prepaid postage which the U.S. Postal Service considers business return mail and does not stamp. Federal laws accept the postage-paid envelopes, but the V.I. Code states the envelopes must be postmarked and in the Elections office on or before election day.
Defense attorneys contended that the V.I. law is ambiguous in intent. Its intent is to get the ballots in by Election Day, they said.
There were also issues relating to ballot challenges and unsealed envelopes. Attorney General Iver Stridiron ruled on Nov. 18, the ballot counting day, that the unpostmarked envelopes should be counted and that the unsealed inner envelopes would be valid if the affidavits were properly signed.
(Ed. note: An earlier Source article on the Goodwin lawsuit incorrectly stated that the Board of Elections' policy in past elections to accept the postage-paid envelopes had not been raised in last week's hearings by either side. In fact, that policy was established in the testimony of Elections Supervisor John Abramson.)

GOODWIN SUIT FAILS; BERRY TAKES SENATE SEAT

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Sen. Lorraine Berry has won the Senate's seventh seat in the St. Thomas district. Territorial Court Judge Ishmael Meyers issued a ruling late Wednesday in Sen. George Goodwin's suit against the Board of Elections contesting the absentee ballot votes.
James Francis, Berry's chief of staff, said at about 6:30 p.m. Thursday that Berry was busy reading the 18-page ruling and would comment later.
Meyers heard more than 15 hours of testimony last Wednesday and Thursday in Territorial Court. Goodwin contended that 480 of the absentee ballots should be thrown out because they were not postmarked. He had won the seventh seat in the election, but Berry surpassed him by 26 absentee ballot votes to take the seat.
The envelopes are prepaid postage which the U.S. Postal Service considers business return mail and does not stamp. Federal laws accept the postage-paid envelopes, but the V.I. Code states the envelopes must be postmarked and in the Elections office on or before election day.
Defense attorneys contended that the V.I. law is ambiguous in intent. Its intent is to get the ballots in by Election Day, they said.
There were also issues relating to ballot challenges and unsealed envelopes. Attorney General Iver Stridiron ruled on Nov. 18, the ballot counting day, that the unpostmarked envelopes should be counted and that the unsealed inner envelopes would be valid if the affidavits were properly signed.
(Ed. note: An earlier Source article on the Goodwin lawsuit incorrectly stated that the Board of Elections' policy in past elections to accept the postage-paid envelopes had not been raised in last week's hearings by either side. In fact, that policy was established in the testimony of Elections Supervisor John Abramson.)

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OMNIBUS BILL COULD HAVE FAR-REACHING EFFECTS

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The biggest cracks in what is supposed to be an airtight budget are likely to come in the sweeping policy measure known as the Omnibus Authorization Act.
The 213-page document includes everything from tax increases to zoning changes to licensing provisions for naturopathic physicians. It is the only one of more than 30 budget bills that the Senate majority is sending to the floor under the open debate rule, thus allowing for amendments to it.
Although senators made a few references to some of its provisions during budget deliberations, the bill itself was kept under wraps until Monday night when the Finance Committee approved it with little discussion. Typically the Omnibus Act is full of policy decisions and special interest legislation and sometimes incorporates previously introduced bills.
Likely to be one of the most controversial items is an increase in the hotel room tax from 8 percent to 10 percent. It also contains a new tax of $10 per day on timeshare units.
Another new tax measure is aimed at residents who shop on-line or through catalogs. It imposes a 4 percent tax on items brought into the territory for personal use. The measure is likely to have the support of local merchants who have long complained of unfair competition from outside suppliers who don't have to pay V.I. gross receipts taxes and excise duties.
The bill offers a carrot-and-stick approach to deal with large amounts of delinquent gross receipts and property taxes, calling for a six-month amnesty for payment and the publication of the names of those property owners who don't pay up.
It eliminates the election day holiday for government workers and provides that they get three hours off to vote (one hour more than the law grants to private-sector workers.) It also mandates that "electioneering shall cease under the provisions of this chapter at 12:00 midnight prior to any election."
It gives the governor the authority to restructure tax collections in Finance, Internal Revenue, the Lieutenant Governor's Office and Licensing and Consumer Affairs.
It also authorizes him to consolidate the Department of Housing, Parks and Recreation, the Housing Finance Authority and the Housing Authority.
The bill incorporates a much-talked-about proposal to create a Tourism Authority run by a joint private-public sector board that would replace the existing government Tourism Department. It assigns virtually all of the functions of Tourism to the new entity, gives it bonding authority and creates a trust fund for its operations funded through such revenues as the hotel room tax. The proposal has the backing of the government and business leaders who drafted the Five-Year Operating and Strategic Financial Plan.
The bill also gives the legislative stamp of approval to the agreement worked out by the Cruise Ship Task Force. Under that proposal, the Florida Caribbean Cruise Association says it will increase summer traffic to St. Croix by 15 percent and to St. Thomas by 10 percent if the government does not impose any new taxes or fees for five years. If the association fails, it must pay a penalty of $3.75 per passenger. The Omnibus Act authorizes the governor to accept the proposal.
Again, in line with recommendations in the Five-Year Plan, the bill creates a Tax Study Commission to make suggestions for revamping the Tax Code. And it extends the gross receipts and excise tax exemptions on so-called tourist goods to include many more categories such as perfumes and hand-woven fabrics.
Another provision authorizes and encourages Gov. Charles W. Turnbull to declare a fiscal state of emergency and seek federal funding to assist the territory.
Without any further legislative approval, the Omnibus Act also authorizes design and construction of a government-owned casino/hotel/conference center on Port Authority land at the Henry E. Rohlsen Airport on St. Croix.
The bill contains various amendments to existing consumer-protection laws, including a requirement in the Lemon Law that in certain cases the consumer is entitled to a rental vehicle free of cost while his vehicle is repaired.
Slipped in with the policy changes are some zoning changes. They include changing 11.7 acres of land in Estate Diamond St. Croix from R-2 (residential low density, one-and-two family units) to B-2 (business secondary.) A second zoning change is on 1.37 acres in Estate St. Thomas from R-2 to B-2. The bill does not cite the reasons for the zoning changes.
It does give the reason for granting a zoning variance on .739 acres in Frenchman's Bay, St. Thomas. That is to allow a bed and breakfast guest house in what is otherwise an R-1 (residential, low density) neighborhood.
The bill provides a generous pension plan for Territorial Court judges. For contributions of 11 percent, a judge retiring at or after age 50 will receive 30 percent of his compensation if he retires after one term; 60 percent after two terms; 90 percent after three terms; and 100 percent after 20 years on the bench. The plan covers anyone serving after Jan. 28, 1977, and allows judges to make their contributions to the system retroactively. Service during any part of a calendar year is deemed to be a full year of credited service, as long as the 11 percent contribution is made on a full year. Further, the plan calls for double dipping into retirement funds. Retired judges may receive annuities from other sources at the same time as they receive their judicial pension.
Another section of the Omnibus Act gives protection to the Port Authority against lawsuits, capping damages at $25,000, and revamps the authority board.
More than 12 pages of the document are devoted to comprehensive legislation defining naturopathic medicine and setting out standards for licensing people who practice it. Naturopathy means "the art, science and practice of diagnosis, prevention and treatment of disorders of the human mind and body by utilizing education, natural methods and natural therapies to support and stimulate a person's intrinsic self-healing process."
Among its other provisions, the Omnibus Act would:
* Authorize the governor to contract for solid waste and resource recovery facilities.
* Establish a Peace Officer Standards and Training Council within the Police Department, funded in part by a $2 increase in some police fees.
* Establish separate Federal Equitable Sharing Program Funds to segregate federal. law enforcement grant money from local funds.
* Provide for Territorial Court-appointed special advocates to represent the interest of abused and neglected children in court proceedings.
* Provide appropriations to pay judgments against some government entities.
* Give tax exemptions for 25 years to local dairy companies.
* Establish a self-employment assistance program within the Labor Department.
* Completely overhaul the statute on government procurement.
* Revamp the Captive Insurance law.
The bill is sponsored by seven of the majority bloc senators: Senate President Vargrave Richards and Sens. Lorraine Berry, David Jones, Roosevelt David, Anne Golden, Gregory Bennerson and Allie Allison Petrus.

VI MOVING INTO CYBERSPACE

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With almost no discussion, the 23rd Legislature is about to pass one of the most far-reaching measures of its tenure: the Technology Enterprise Act of 2000. The 180-page proposal attempts to lay down the law in virtually all aspects of commercial Internet use and electronic information communication.
The bill is being considered in the closing days of the Legislature, along with a bevy of budget bills which have totally overshadowed it. It was approved last week by the Finance Committee and is scheduled to be heard by Rules Wednesday.
Among other things, the bill establishes a Bureau of Information Technology, (or BIT as in computer lingo), provides for taxpayers to file certain government forms electronically, prohibits cable providers from discriminating against competitors in Internet access, protects consumers against junk e-mail, regulates contracts made electronically, and provides for the use of electronic signatures for most legal documents.
The coordinator of BIT would be charged with developing a comprehensive technology strategy for the government for a period of at least five years. The strategy should include the centralization of data centers, and provide access to public records in all three branches of the government through personal computers, while protecting confidential government information that is not public record.
Additionally, the bill provides that by July 1, 2002, the government would allow residents to let their fingers do the walking and use electronic mail to register their cars, renew a driver's license, file income and other taxes, apply for unemployment, bid on a government contract, and conduct many other transactions with the government.
In one section, the measure sets out rules for licensing computer information, including software, databases and computerized music. And it regulates access contracts to sites containing computer information.
It contains consumer protection provisions, including language designed to cut down on unsolicited advertising or other junk fax and e-mail. Under the proposed law, anyone sending out such material by fax machine or computer must clearly label it and must include either a toll-free telephone number (for faxed material) or and e-mail return address so consumers can respond and notify the sender not to send any more. Advertising messages must be labeled "ADV:" or, if aimed exclusively at persons over age 18, "ADV:ADLT."
The bill also makes it illegal to stalk or harass anyone electronically, just as it is illegal to do so in person or by telephone.
Another section redefines newspapers to include electronic publications.
In a section called Nondiscriminatory access, the bill states that any cable operator holding a franchise to provide cable service "shall provide to any requesting Internet service provider access to its broadband Internet access transport services, unbundled from the provision of content, on rates, terms and conditions that are at least as favorable as those on which it provides such access to itself, its affiliates or any other person."

LOCAL REPUBLICANS TO MEET WITH BUSH OFFICIALS

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Just hours before Vice President Al Gore is expected to concede the 2000 presidential election to George W. Bush on Wednesday night, Republicans in the territory have called a press conference to map out their plans for the incoming administration’s transition into office.
Holland Redfield, chairman of the Bush campaign in the territory, said local Republican officials have scheduled a transition meeting for Thursday with Bush officials. Scheduled to be there are Steve Kupka and Michael Govan, political liaisons for the Bush campaign.
"The purpose of this meeting and the visit of these high-ranking Bush advisors is to establish a clear structure for the Virgin Islands to participate in the transition of the Bush-Cheney administration," Redfield said. "There will be a discussion of federal appointments, both locally and nationally, plus, critical policy issues."
Redfield, Jim Oliver, vice-chair of the local Bush campaign committee, and representatives of the Republican Party of Puerto Rico traveled to Austin, Texas about eight months ago to meet with Bush. Redfield said they discussed issues important to the territories.
With the Virgin Islands being a traditional bastion for the Democratic Party, there has been much speculation that a Bush victory would not bode well for the territory. Redfield, however, dismissed that notion. He said local Democrats and Republicans will have to work across party lines to solve the territory’s problems.
He said issues such as Social Security Insurance, the return of gas excise taxes and greater autonomy in general are non–partisan. The "even-minded" Republicans in the territory shouldn’t have a problem working with Democrats, Redfield said.
"It will be my responsibility to reach out to Democrats across party lines," Redfield said. "It’s going to do my very best to access the administration in Washington."
The press conference is scheduled for Thursday at 11 a.m. at Gertrude’s Restaurant.

VI MOVING INTO CYBERSPACE

0
With almost no discussion, the 23rd Legislature is about to pass one of the most far-reaching measures of its tenure: the Technology Enterprise Act of 2000. The 180-page proposal attempts to lay down the law in virtually all aspects of commercial Internet use and electronic information communication.
The bill is being considered in the closing days of the Legislature, along with a bevy of budget bills which have totally overshadowed it. It was approved last week by the Finance Committee and is scheduled to be heard by Rules on Wednesday.
Among other things, the bill establishes a Bureau of Information Technology(BIT, as in computer lingo), provides for taxpayers to file certain government forms electronically, prohibits cable providers from discriminating against competitors in Internet access, protects consumers against junk e-mail, regulates contracts made electronically, and provides for the use of electronic signatures for most legal documents.
The coordinator of BIT would be charged with developing a comprehensive technology strategy for the government for a period of at least five years. The strategy would include the centralization of data centers, and would provide access to public records in all three branches of the government through personal computers, while protecting confidential government information.
Additionally, the bill provides that by July 1, 2002, the government would allow residents to use electronic mail to register their cars, renew a driver's license, file income and other taxes, apply for unemployment, bid on a government contract, and conduct many other transactions with the government.
In one section, the measure sets out rules for licensing computer information, including software, databases and computerized music. And it regulates access contracts to sites containing computer information.
It contains consumer protection provisions, including language designed to cut down on unsolicited advertising or other junk fax and e-mail. Anyone sending out such material must clearly label it and must include either a toll-free telephone number (for faxed material) or an e-mail return address so consumers can respond and notify the sender not to send any more.
Advertising messages must be labeled "ADV:" or, if aimed exclusively at persons over age 18, "ADV:ADLT."
The bill also makes it illegal to stalk or harass anyone electronically, just as it is illegal to do so in person or by telephone.
Another section redefines newspapers to include electronic publications.
In a section called Nondiscriminatory Access, the bill states that any cable operator holding a franchise to provide cable service "shall provide to any requesting Internet service provider access to its broadband Internet access transport services, unbundled from the provision of content, on rates, terms and conditions that are at least as favorable as those on which it provides such access to itself, its affiliates or any other person."

GILPIN APPOINTED UVI ASSISTANT AD

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Curtis Gilpin, an alumnus of the University of the Virgin Islands, has been appointed to the position of assistant athletic director at UVI.
Gilpin will be responsible for assisting the school’s athletic director in the day-to-day operations of the new UVI Sports and Fitness Center and also will assist with all varsity and intramural sports programs at the university.
Gilpin, who has served as an interim assistant athletic director at UVI in the past, has been employed by the university for 15 years as its student housing supervisor. A sports enthusiast, he has coached UVI varsity volleyball and basketball part-time for six years.
Asked how he felt about his new position at the university, Gilpin said, "It’s going to be challenging but it’s the perfect opportunity for me. I’m looking forward to it."
A graduate of Eudora Kean High School, Gilpin received a bachelor’s degree in business management from UVI in 1980. From 1980 until 1985, he was district executive for the Boy Scouts District of St. Thomas and St. John, with responsibility for the coordination of the entire Boy Scouts program in the district, which served 2,000 young men and boys.
In September, UVI appointed Peter Sauer as athletic director, giving him oversight for the UVI Sports and Fitness Center and all of the university’s athletic programs.
"Curtis brings a level of enthusiasm and experience to the job that is exactly what’s needed," Sauer said. "I’m excited to have him on board and feel he’ll be a great addition to the staff."
Gilpin will supervise campus-wide sports activities as well as UVI varsity basketball, volleyball, tennis, weightlifting and track and field teams that compete against other colleges and universities.
"The assistant athletic director position is part of the university’s strategy to ensure that the athletic programs and students in the athletic programs get the attention and support that are needed," UVI Senior Vice President and Provost Dr. LaVerne Ragster said. "Mr. Gilpin has the experience and the orientation necessary to do this at an outstanding level."

SOCCER 'GAME OF LOVE,' 2 MORE MATCHES SUNDAY

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Among two other matches, St. Thomas Women's Soccer (STWS) will play a "Game of Love" on Sunday at 4 p.m. at the UVI Field in honor of the mother of STWS member Gloria Lawrenz. Gloria's mother is recovering from breast cancer.
The young women of the Rays of Life from Ivanna Eudora Kean High School wanted the opportunity to play a game, improve their skills, support the efforts of the women in promoting exercise and healthy lifestyles, and share their love for Gloria and soccer. These three teams are playing with the blessings and support of the parent body, the St. Thomas Soccer Association and the game also has the blessings of the local chapter of the American Cancer Society.
Ferne La Borde, president of the local chapter, is pleased that the St. Thomas Women's Soccer has chosen to give this gift of love and focus on a recovering cancer patient.
La Borde said the American Cancer Society urges early detection particularly for breast, cervical and prostate cancers and promotes healthy lifestyles including exercise in cancer prevention. She said she hopes the friendly solidarity between the American Cancer Society and St. Thomas Women's Soccer will remain strong and urges support of the society's "Relay for Life" in 2001.
On Sunday there will be three games at the UVI Field. Each game will be 40 minutes long, 20 minutes each half and a 10-minute halftime. The game schedule is the following:
3 p.m. – Strikers vs. Rays of Life
4 p.m. – GAME OF LOVE – UWS Queens vs. Strikers
5 p.m. – Rays of Life vs. U.W.S. Queens.
Refreshments will be sold by St. Thomas Women's Soccer. The public is invited. For additional information, please call Tanya Ward Benjamin at 776-2105 or Gloria Lawrenz at 777-7281.

SIBILLY SCHOOL ANNUAL CHRISTMAS PROGRAM

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All parents and guardians of Joseph Sibilly Elementary School students are invited to the Annual Christmas Program at 9:30 a.m. on Friday, Dec. 22.