The establishment and enforcement of a territorial park system could be the solution for disappearing green spaces in the U.S. Virgin Islands, and lawmakers are optimistic that fashioning a specific division to oversee its creation will enhance local and tourism opportunities for the territory.
Last week, senators forwarded Bill No. 34-0267 — sponsored by Senator Samuel Carrion — that will transfer authority from the Department of Sports, Parks, and Recreation (DSPR) to a division within the Department of Planning and Natural Resources (DPNR) to ensure the designation of various recreational spaces across the territory.
If the bill passes the full body of legislators, DPNR will be expected to establish a Division of Territorial Parks whose duty will include the conservation and protection of unique habitats and ecosystems, as well as the cultural and historical resources of the Virgin Islands.
The division will operate a territory-wide system of parks and recreation programs that will enhance outdoor recreational activities such as camping, picnicking, hiking, biking, horseback riding, environmental education, sightseeing, boating, fishing, swimming, and similar recreational activities.
According DPNR Commissioner Jean-Pierre Oriol, the department will be asked to formulate and put into execution a long-range, comprehensive conservation plan and program to acquire privately and publicly-owned properties that are suitable for development as parks or protected areas.
Vincent Richards, deputy commissioner of Dept. of Property and Procurement, said his team has already identified 43 government-owned properties which they believe can be developed for recreational use. They include 30 properties on St. Thomas, three on St. John and 10 on St. Croix.
Mr. Richards told lawmakers this is just a “starting list” as DPP plans to propose additional properties to place into the system for designation.
If the bill passes, DPNR will be responsible for Territorial Parks and Protected Areas whereas the Department of Sports, Parks and Recreation will maintain responsibility for neighborhood parks and other areas for individual recreational use.
DSPR Commissioner Calvert White supported the bill, explaining that implementing this legislation would allow DSPR to focus primarily on its sporting and recreational facilities while still giving full support to DPNR.
A Territorial Parks System Revolving Fund and a Recreational Parks Revolving Fund will also be established to support the work of DPNR and DSPR.
“It is necessary. We don’t want to become a concrete jungle,” remarked Senator Novelle Francis Jr. He was supported by six other senators as well as non-committee member Senator Kurt Vialet.
Coral Bay as seen in March 2022. (Photo by Elizabeth Escardo)
The lawsuit, filed by Save Coral Bay, a community action group opposed to the marina, challenged the governor’s approval of modifications made to the project’s Coastal Zone Management permit. The modified permit was subsequently approved by the Virgin Islands Legislature and signed into law.
Save Coral Bay filed an appeal with the Supreme Court 10 days after the Superior Court’s ruling last May, but last week the top court ruled that the case was moot.
The judge’s decision was not made on the issue of whether or not Gov. Albert Bryan Jr. broke the law when he modified a CZM permit and then sent it to the V.I. Legislature for approval; rather, Hodge’s decision was based on procedures set forth in the Revised Organic Act, which in the absence of a constitution, sets the framework for Virgin Islands law.
Hodge wrote, “Save Coral Bay maintains that the Legislature cannot ratify an action by the Governor which is contrary to statute … But this is not a case where Governor Bryan acted contrary to a statute and then he or another Executive Branch entity attempted to retroactively ratify his own conduct.”
“Instead, this is a case where the Legislature ratified an action taken by Governor Bryan. Therefore, the proper inquiry is not into the power of Governor Bryan or the Executive Branch, but the power of the Legislature itself to excuse violations of the statutory law,” Hodge wrote.
“Even if this Court were to assume — without deciding — that this procedure differs from that set forth in the Coastal Zone Management Act, the passage of the CZM Act by an earlier Legislature could not deprive the 33rd Legislature and Governor Bryan of their constitutional authority to change that law in the manner provided for in the Revised Organic Act,” Hodge wrote.
“Whatever the merits of Save Coral Bay’s claims under the law as it existed at the time it filed its complaint, the subsequent enactment of Act No. 8407 rendered those claims moot. Therefore, we affirm the Superior Court’s May 12, 2021 order,” Hodge concluded.
David Silverman, president of Save Coral Bay, said he was trying to make sense of the ruling. “It is my understanding that the Chief Justice said that regardless of whether or not Governor Bryan followed the legal procedure for modifying CZM permits when the Legislature ratified what he had done, it made it all legal. The Chief Justice decided that the action by the Legislature effectively amended the CZM law for Summer’s End Group.”
The proposed Summer’s End marina will be built along this shoreline in Coral Bay. (Photo by Amy H. Roberts)
Silverman said the decision set a “truly frightening” precedent “because it says that any developer can go to the governor and convince him or her to issue a permit without any Department of Planning and Natural Resources or Coastal Zone Management review.
“If the developer, hand in hand with the governor, can then get the Legislature to ratify the Governor’s actions, then the permit is considered legal. This is not how I understood our legal system to work. A process like that does not allow for any judicial review, which is one of the key checks and balances in government,” Silverman said.
When the Source reached out for comments to Chaliese Summers, the managing member of the Summer’s End Group, she said, “The Summer’s End Group appreciates the opinion issued by the Supreme Court. As the Superior Court had previously found, the Legislature ‘may repeal or amend a law codified in the Virgin Islands Code by enacting a law,’ and ‘this is precisely what the Legislature did in this case.’ And we thank the members of the Legislature for their support.”
Summers also thanked Bryan for his support, adding, “We believe that the governor’s action fully comports with the CZM Act, as he has stated with which both the Superior Court and the Supreme Court agreed.”
Summers mentioned the many hurdles the developers have gone through to get to this decision. “As we have testified, the Coastal Zone Management Act sets forth a process to complete review and administrative appeals in 225 days. It also permits appeal by writ of review, which contemplates a ‘speedy’ review. It is now more than 2,700 days since the Coastal Zone Permit was approved.”
The future of the 144-slip marina development now hinges on a decision by the U.S. Army Corps of Engineers as to whether or not to issue a permit for the project.
The project has been under review by the Army Corps since 2014. At one point, more than 20,000 members of the public sent letters opposing the project to the Army Corps, according to Save Coral Bay’s timeline of the project.
The Bryan administration, however, has fully supported the marina project, which the developers say will bring jobs and an upgrade in infrastructure to Coral Bay harbor.
The Summer’s End Group’s application to the Army Corps has been pending throughout the administrative and legislative action as well as legal challenges. In September 2021, the Army Corps informed the developers that further studies must be conducted before a permit could be issued.
This is a photorealistic rendering of the SEG marina at 80% capacity based on the drawings submitted by SEG to the Army Corps. The rendering was constructed by Daniel Pinto on behalf of Save Coral Bay.
Summers said, “The Summer’s End Group continues to successfully pursue its federal permitting through the Army Corps of Engineers and has every expectation that the permit will be issued this year. Summer’s End is diligently working to address any remaining requests from the U.S. Army Corps of Engineers and National Marine Fisheries in order to finalize the permit and bring this incredible development to St. John. Summer’s End is prepared to move the St. John Marina (upland and marina) into the construction phase immediately upon issuance of a federal permit.”
Silverman said Save Coral Bay has received the latest document submission sent to the Army Corps by the Summer’s End Group through the Freedom of Information Act. “This submission was in response to the letter of deficiencies sent to SEG by the Army Corps over six months ago (Sept. 2021).”
“Although the Army Corps required substantial new fieldwork and studies, it does not appear that SEG has conducted any of the studies requested by the Corps or the NOAA review agencies,” Silverman said. “The submission, amounting to close to 500 pages, appears to be primarily material previously submitted to the Army Corps, some with new explanations but no new studies. ”
Whether the matter can be pursued in federal court is unclear, according to Silverman. “On the other hand, what the Chief Justice wrote in the two-sentence summary that I read, is that no Legislature can bind the hands of a future Legislature. So even though Summer’s End now has a CZM permit and 20-year Trust Land Lease (which they cannot use without an Army Corps permit), the next Legislature might decide to correct the actions of the 33rd by rescinding that permit. So wrote the Chief Justice, if I understand him correctly.”
The V.I. Water and Power Authority’s Richmond powerplant on St. Croix. By ERNICE GILBERT/ V.I. CONSORTIUM
Governor Albert Bryan may declare an energy state of emergency tied to the V.I. Water and Power Authority, an action the governor said is being weighed because of the unprecedented increase in the cost of fuel being driven by Russia’s invasion of Ukraine.
Speaking during an interview with the Consortium Sunday, Mr. Bryan said residents feeling pain at the pump would also see shocking increases in their electricity bills by way of the Levelized Energy Adjustment Clause, or LEAC, which is the cost of fuel to WAPA that is passed on to consumers.
Mr. Bryan described the increases in electricity bills as “imminent” and said his administration has been thinking of different ways to offset the cost. “We were set before to do it but this new development in Ukraine is a whole different ball game now. We were not expecting gas prices to increase by 30 to 40 percent,” he said.
The governor said while gas prices show the most immediate impact, other areas of the economy will be affected because of the importance of fuel in commerce. “We’re working on some plans now to determine what we’re going to do to respond on a whole, because it’s not only gas, it’s going to be reflected in food as well because transportation and energy cost more. So everything is going to increase as a result of this,” he said.
The governor said most of the plans to mitigate costs will focus on WAPA. “We cannot have the energy rate go to where it was before. And depending on what happens we might have to declare some kind of energy emergency,” the governor stated, though he had yet to decide what the declaration would entail.
The territory’s leader said he had given directives to WAPA leadership and the V.I. Energy Office asking for ideas on fuel cost mitigation, and said responses were due Monday. The governor referred to the fuel prices as “absolutely ridiculous.”
Currently, motorists on St. Croix are paying on average $4.50 for a gallon of unleaded regular gas; on St. Thomas some gas stations are selling a gallon of unleaded regular at $6, and St. John $5.
Other smaller actions currently being taken include the promotion of the use of electric vehicles. Mr. Bryan said he was “trying to get people off these gas guzzlers and get in line with what the president is doing, we’re doing the same thing.” He said he had a brief conversation with U.S. Energy Secretary Jennifer Granholm during a trip to Washington, where the two discussed the U.S. Virgin Islands being a great location for renewable energy demonstration projects. Mr. Bryan did acknowledge that such efforts were far off. “We need immediate assistance,” he said.
Additionally, the governor lamented spending the territory’s funds on stop-gap projects. “When I invest our money, I want to see projects that’s going to have long-lasting impacts. You know, I pay $20 million and then I don’t have nothing to show for it; all I did was buy fuel,” Mr. Bryan said, giving an example of what might happen if he were to simply subsidize the cost of fuel.
The cost of fuel, already up 45 percent for the year, continues to fluctuate based on developments in Ukraine. On Monday morning, the price of Brent Crude, which is the global benchmark, fell by $4 a barrel to $108.55 following news that Russia was willing to have substantive discussions about its war in Ukraine. If those talks fail and the situation on the ground escalates, the price of oil could surge further. If the talks go well, the price could tumble. Last week the price of oil closed above $130 a barrel.
The governor also pointed to solar energy plants powered by battery systems, the most popular being Tesla’s Power Electronics which has a high range of scalability. “The Powerpack system scales to the space, power and energy requirements of any site, from small commercial businesses to regional utilities. It can be configured in various arrangements, offering far more modularity than competing models,” reads a description of the system on Tesla’s website.
“If we could get the battery systems in that would help a lot,” Mr. Bryan said.
Delegate to Congress Stacey Plaskett in December 2019 called on Governor Bryan to declare WAPA a state of emergency, albeit regarding a different matter. At the time, the authority’s financial blunders had plunged the territory into a crisis situation, and Ms. Plaskett’s statement came one day after WAPA’s liquid propane supplier had suspended delivery of the crucial fuel source to the territory. At the time, Mr. Bryan agreed WAPA was in a crisis situation, but he was against the state of emergency declaration, stating that it would have “zero effect.”
On Sunday, Mr. Bryan — seeing firsthand the impact of the rising cost of fuel to consumers — kept the option open.
I am often asked where I am from, and when I reply that I live in the VIRGIN ISLANDS, a common reply is WHY? Well, this is a pretty easy question to answer. And trust me, this blog is not even remotely a complete answer. But I thought it may be helpful to give some common answers- especially beneficial to those considering a move, second home, or investment property in the territory.
First of all, the weather in the USVI is ideal. Our low temperature for the year is usually in the upper 60s, while the high rarely goes above 95. So even in the summer, we don’t get the extreme high temperatures that many other places see, and we often have a nice breeze that doesn’t make those temperatures seem as hot as they are. For months on end, our low temperatures are about 70 with high temps around 85. Seriously, it may be as ideal as anywhere in the World.
Yes, we do have hurricanes. And when they hit, it can be a bad situation. Living here since 1991, I have been thru many storms. But over that time, there were really only three “really bad” storms: 1995 brought Hurricane Marilyn, and then 2017 brought back to back storms (ten days apart) with Irma and Maria. So when you really think about it, the serious storm hits are far less frequent than most people would imagine. And when you compare it to other weather phenomena from various parts of the World, you realize there is risk all over the place- fires in CA, tornados in the Midwest, snow storms in the East, and more.
What is there to do though? Well, we have lots of activities in the Virgin Islands. Let’s start with the water sports- sailing, snorkeling, fishing, powerboating, surfing, wakeboarding, stand up paddleboarding and kayaking, scuba diving, and more. Add that with beach relaxation, and you have uncovered some great leisure day options. Unfortunately St Thomas only had one golf course, and it has been closed since the hurricanes- and we are hoping a new buyer gets the golf course open again. But St Croix still offers golfing, so the opportunity is still there. Of course St Thomas is especially well known for its shopping- with super great deals on jewelry. The island is littered with fabulous restaurants- from small local outdoor eateries to fancy beachfront culinary masterpieces. And along with the many restaurants are bars. I won’t try to hide the fact that liquor is inexpensive in the USVI (no import duties on liquor) and bar hopping is very popular. Locals play all sorts of sports- whether baseball, soccer, swimming, sailing, basketball, volleyball, and more. There are ample hiking trails- especially on St John which is 2/3 National Park. Bird watching is very popular and we have a large variety of species. There is a lot of history here on island too, so ample places to learn about these things as part of your shopping and bar hopping days. But there is so much more than what is mentioned in this paragraph.
But let’s get to why people choose to live where they do. Weather and activities are certainly factors, but what about scenery? We live in one of the most beautiful places in the World. There are incredible views from most everywhere. I have taken people on Real Estate tours, and at the first place they see, I’ll hear “this is the nicest view I have ever seen.” By the third place, I have heard it again: “this view is even nicer than the first one”. It just never ends.
And don’t forget the people. I LOVE the people in the Virgin Islands. If I did not feel this way, I never could have lived here since 1991. If you walk into an office, you are greeted with a “good morning” or “good day” almost every time. Just passing people on the street creates similar exchanges. When I spend time in the States, and say “good morning” as I walk by somebody on the street, I usually get a funny glance versus a kind response like I receive in the Islands. But it is not just the greetings that make the Islands special- it is the caring. The USVI is a relatively small place where people know each other. And when something unfortunate happens to one of our own, the entire community tends to rally together to help. It is the primary reason we recover so quickly after a bad storm. Everyone comes together as one for the better of the community.
You like know they are called the US Virgin Islands for a reason. We are a US territory. So as a resident I have a regular cell phone with a US area code and it is not like being out of the country. I get regular mail service. And I file a 1040 just like a US citizen (though it is filed with the USVI Bureau of Internal Revenue, not the IRS). We are not allowed to vote for President of the US since we are not a State, and that is disappointing, but for most other reasons we are very similar to the US.
One negative I often hear about the USVI is the cost. Yes, it is expensive here compared to many other locations. Housing and food being two costs that are quite high. This is not surprising since everything must be shipped to the islands. But these high costs are offset in other ways. First, earnings tend to be higher than Stateside locations. Property taxes are very reasonable. As previously mentioned, liquor is cheap. And our Real Estate market has been very strong for decades- it did not crash like many large city markets in years past.
We at Real Solutions hope you can visit and learn about the Island Life in person. We have no doubt you will enjoy your time here, and at least think about making it a permanent place to live.
