>>> ON THIS EPISODE OF COMES WITH THE TERRITORY, FACING ENVIRONMENTAL THREATS AND THE US COAST GUARD SHARES THE RESPONSE IN AN ONGOING MISSION TO SAFEGUARD THE TERRITORY SHORES AND THIS IS A CLASS- ACTION LAWSUIT AGAINST CONTAMINATION CONCERNS AND WE WILL HAVE THE DETAILS PLUS QUESTIONS AND CONCERNS HAVE BEEN RAISED OVER THE DISPARITIES BETWEEN THE LEGAL REQUIREMENT FOR THE BUREAU OF SCHOOL MAINTENANCE AND THE DIRECTOR AND THE ACTUAL JOB DESCRIPTION AND WE WILL HAVE MORE ABOUT A MOVEMENT LED BY PRIVATE CITIZENS AND DEMANDS ACTION AND ACCOUNTABILITY.

WE WILL BRING YOU MORE FROM THE STREETS OF THE PROTEST AND JOIN ISSUES ARE THE FORMER SENATOR, KURT VIALET AND THE RESOURCES COMMISSIONER, DAWN HENRY AND LOCAL RADIO TALKSHOW HOST JAMILA RUSSELL.

COMES WITH THE TERRITORY STARTS NOW.

>>> WELCOMES TO COMES WITH THE TERRITORY.

I AM LESLIE COMISSIONG.

THE ONGOING PRESENCE OF THE UNITED STATES COAST GUARD HAS PLAYED A CRUCIAL ROLE IN TACKLING TWO MAJOR ENVIRONMENTAL THREATS IN RECENT MONTHS AND ON OCTOBER 25 A DIESEL SPILL OCCURRED AT THE POWER PLANT CONTAMINATING THE SECONDARY CONTAINMENT AREA AND NEARBY LAND AND OIL REACHED THE BAY PROMPTING CLEANUP EFFORTS AND AS OF NOVEMBER 30, 26,000 GALLONS OF OILY WATER AND 150 YD.

OF CONTAMINATED SOIL HAVE BEEN REMOVED AND EIGHT THOUSAND GALLONS OF OIL WATER AND 72 YD.

OF CONTAMINATED SOIL FROM LINDBERGH BAY AND THE CLEANUP CONTINUES WITH THE COAST GUARD MONITORING THE SITUATION.

ON OCTOBER 4 THE VESSEL RAN AGROUND AT THE AIRPORT CARRYING OVER 10,000 GALLONS OF FUEL, VEHICLES AND CARGO AND THEY RESCUED 12 PEOPLE AND COORDINATED THE RESPONSE PREVENTING AN ENVIRONMENTAL DISASTER BY RE-FLOATING AND TOWING THE VESSEL TO THE DOCK.

I AM NOW JOINED VIRTUALLY BY RICARDO CASTRODAD, THE PUBLIC AFFAIRS OFFICER FOR THE UNITED STATES COAST GUARD AND SAN JUAN WHICH COVERS PUERTO RICO AND THE VIRGIN ISLANDS.

THANK YOU FOR BEING HERE.

>> I THINK YOU FOR HAVING US ON YOUR SHOW.

>> LET´S GIVE THE VIEWERS A BRIEF OVERVIEW OF WHAT THE UNITED STATES COAST GUARD DOES IN THE VIRGIN ISLANDS.

>> THE UNITED STATES COAST GUARD BASICALLY PRIMARILY IT IS THE COMPONENT RESPONSIBLE FOR EXECUTING COAST GUARD MISSIONS IN THE AREA OF THE EASTERN CARIBBEAN WHICH INCLUDES THE U.S. VIRGIN ISLANDS AND WE EXECUTE ALL COAST GUARD MISSIONS WHICH INCLUDE ANYTHING FROM SEARCH AND RESCUE WHICH WE ARE MOSTLY KNOWN FOR AND MARITIME LAW ENFORCEMENT AND ILLEGAL MIGRATION, COUNTERTERRORISM ACTIVITIES AT SEA, AND POLLUTION RESPONSE AND ALL POLLUTION RESPONSE IMPACTS OUR MARINE SAFETY MISSION SOWS ALSO MARITIME TRAFFIC AND RECREATIONAL BOATERS.

>> IT SOUNDS LIKE OF ALL THE THINGS THAT THEY DO THE ONE THAT IS MOST DIFFICULT TO COORDINATE ARE THESE ENVIRONMENTAL AND DIESEL SPILL LIKE WE ARE DEALING WITH RIGHT NOW AND IT WAS THE LATEST UPDATE ON THE STATUS OF THE POWERPLANT DIESEL SPILL ON ST. THOMAS.

>> THE COAST GUARD HAS OVERSEEN RESPONSE AND CLEANUP EFFORTS AT THE POWERPLANT SINCE THEY HAD AN INCIDENT THAT DISCHARGED OVER 33,000 GALLONS INTO THEIR SECONDARY CONTAINMENT AND CAUSED A SIGNIFICANT AMOUNT OF THAT MATERIAL ON LAND AND THE COAST GUARD HAD BEEN LOOKING AT PERSONNEL FROM OUR MARINE SAFETY DETACHMENT SAINT THOMAS OFFICE ON POLLUTION RESPONSE PERSONNEL AND THEY CAME TO ASSIST WITH THOSE EFFORTS AND CLEANUP CREWS ALSO HAVE BEEN CONDUCTING A SERIES OF ACTIVITIES TO DEAL WITH ALL OF THE CLEANUP TAKING PLACE PRIMARILY THEY DID ALL THE WORK TO CONTAIN THE DISCHARGE AT THE TANKER AND EMPTY OUT THAT TANK AS WELL AS EMPTY OUT EVERYTHING THAT WAS REMAINING IN THE SECONDARY CONTAINMENT AND ALL OF THAT HAS BEEN CLEARED AND OBVIOUSLY THERE IS MORE WORK TO BE DONE IN THAT AREA BUT RESPONSE EFFORTS CONTINUE TO FOCUS ON EVERYTHING THAT WAS THEY HAVE ESTABLISHED COLLECTION POINTS AND COLLECTED ALL THE MATERIAL THAT THEY CAN FROM THE SURFACE AREA BUT THE DAYS WENT BY AND THE COAST GUARD PERSONNEL SAW THERE WERE IMPACTS BOTH THE DISCHARGE AND IN LINDBERGH BAY AND THE PERSONNEL COLLECTED SAMPLES OF THAT MATERIAL TO MAKE SURE THAT IT WAS ASSOCIATED WITH THAT OR DISCARD THAT IF THAT WERE THE CASE IN THE MEANTIME THEY CONTINUE TO WORK ON EFFORTS TO CONTAIN ALL THE DISCHARGE HAPPENING IN THE WATER AND THEY SET UP A CONTAINMENT BOOM AND A LIST OF MATERIALS AND STARTED TO CREATE COLLECTION SO THEY COULD START RECOVERING THAT MATERIAL AND CONTAIN IT FOR A SAMPLE ANALYSIS AND EVENTUALLY THEY RECEIVED A SAMPLE AND DETERMINED IT WAS ASSOCIATED TO THE TANK DISCHARGE SO EVERYTHING TAKING PLACE IN THE FACILITY SIDE AND IN THE BAY IS ONE IN THE SAME AND IT IS A BIG RESPONSE TO DO ALL THAT.

AND THE SIGNIFICANT THING AT THIS POINT IS THAT THIS MATERIAL HAS GONE UNDERGROUND AND IS SEEPING INTO THE TERRAIN OUT INTO THE BAY AND JUST 29 NOVEMBER THE COORDINATOR WHO WAS THE SAN JUAN COMMANDER APPROVED REMOVAL ACTION PLAN TO WORK ON THE STEPS AND TACTICS THAT WILL BE USED TO DEAL WITH THAT MATERIAL THAT IS UNDERGROUND.

AND THEY MOVED HEAVY EQUIPMENT INTO THE AREA TO CREATE A ROAD THAT WOULD ALLOW THEM TO BRING IN THE EQUIPMENT THAT WAS NECESSARY TO INSTALL MONITORING WELLS ABOVE THE LANDSCAPE SO THEY COULD GET AN IDEA OF THE SUBSURFACE PLUME WITH THE SOIL AND THEN ONCE WE GET THOSE READINGS AND THAT DATA AND DETERMINE THE BEST WAY TO RECOVER THAT AND IN THE MEANTIME THEY HAVE BEEN USING TACTICS LIKE EMPLOYING A LOW PRESSURE HIGH VOLUME OF WATER HOPING IT CAN PUSH OUT THAT AND THEY CAN CONTINUE TO RECOVER THE MATERIAL FROM THEIR AND IN ADDITION TO THOSE BOOMS AND COLLECTION POINTS, THEY ARE USING MECHANICAL RECOVERING METHODS THAT ARE MORE EFFICIENTLY COLLECTING LARGER AMOUNTS OF THE MATERIAL.

AND TO DATE, ALL OF THE 38,000 GALLONS OF WATER HAVE BEEN COLLECTED OUTSIDE OF THE RECOVERY CONTAINMENT ZONE INSIDE THE SECONDARY CONTAINMENT AND WE RECOVERED GALLONS OF OIL IN WATER AND OF THOSE NUMBERS, APPROXIMATELY 3500 GALLONS HAVE BEEN RECOVERED FROM THAT AREA.

>> THAT IS A SIGNIFICANT AMOUNT.

I HAVE TO ASK, ARE THERE ANY UNIQUE CHALLENGES THAT THE LOCATION PRESENTED AND BEING IN THE VIRGIN ISLANDS, QUITE FRANKLY, PRESENTED TO THE COAST GUARD THAT YOU HAD TO UNDERTAKE OR ADJUST OR CHANGE WHAT YOU WOULD NORMALLY DO IN A SITUATION LIKE THAT TO FACILITATE THE REMOVAL OF THE OIL FROM THE SOIL AND WATER IN THE SURROUNDING AREA?

>> IT IS A CHALLENGING ENVIRONMENT.

LIKE I SAID, INITIALLY THEY OVERSEE THE CLEANUP EFFORTS AND THE PERSONNEL THE NATIONAL RESPONSE CORPORATION AND THE MARINE LLC ARE THE ENTITIES CONDUCTING THOSE CLEANUP ACTIVITIES AT THE FACILITY AND THEY ARE PROVIDING THE OVERSIGHT AND DIRECTION OF THE THINGS WE ARE ASKING THEM TO DO.

AT THIS POINT THEY HAVE DONE A GREAT JOB IT FOLLOWING THE DIRECTION AS ESTABLISHED IN DOING EVERYTHING THAT WE UNDERSTAND IT NEEDS TO BE DONE TO DEAL WITH THIS RESPONSE AND IT HAS BEEN ALREADY OVER A MONTH SINCE WE HAVE OVERSEEN THIS RESPONSE AND A LOT OF WORK HAS BEEN DONE TO GET TO WHERE WE ARE TODAY AND WE ARE ALSO WORKING WITH OTHER AGENCIES BEFORE AND DURING THE APPROVAL OF THE ACTION PLAN WHICH IS BASICALLY ONE THAT ESTABLISHES THE ROAD AHEAD AND HOW TO GO ABOUT COLLECT THING ALL OF THAT MATERIAL AND EVERYTHING HAPPENING AND WE DID HAVE A CONSULTATION WITH THE REGIONAL OTHER FEDERAL AGENCIES TO GET THERE INPUT NECESSARY TO ENSURE WE ARE CONSIDERING ANY CONCERNS THEY HAVE AND THEY ARE BEING ADDRESSED AS PART OF THAT PLAN.

>> IN ADDITION TO THE NORMALLY BUSY SCHEDULE THAT THEY HAVE DOING THEIR JOB IN THIS AREA, IN ADDITION TO THAT, WE ALSO HAVE THE GROUNDING OF THE BONNIE G AND GIVE US THE UPDATE OF THE STATUS OF THAT INCIDENT OFF OF ST. THOMAS.

>> THAT WAS ANOTHER MAJOR RESPONSE AND THAT HAD A PRETTY COMPLEX EVOLUTION AND STARTED ON OCTOBER 4 AS HURRICANE PHILIP WAS PASSING NEAR THE U.S. VIRGIN ISLANDS AND WE RECEIVED A CALL EARLY IN THE MORNING THAT THE BONNIE G WHICH IS BASICALLY A CARGO VESSEL HAD RUN AGROUND SOUTH FROM THE AIRPORT AND ST. THOMAS AND THE INITIAL RESPONSE WAS TO TRY TO ASSIST AND ATTRACT PEOPLE ON BOARD WHO ARE ABLE TO ABANDON THE VESSEL AND THEY STARTED TAKING ON WATER AND THEY ABANDONED THE VESSEL TO GO INTO LIFE RAFTS AND THE COAST GUARD PERSONNEL ARRIVED AND ASSISTED THOSE 12 PEOPLE GETTING INTO CROWN BAY WHERE THEY WERE SAFELY REMOVED.

AT THAT POINT AND FROM THAT POINT ON, WE ARE DEALING WITH AN UNMANNED VESSEL THAT WAS TRANSPORTING APPROXIMATELY SIX CARS WITH THE TRUCK AND TWO FORKLIFTS AND CARGO AND HAD A SUBSTANTIAL AMOUNT OF DIESEL FUEL AND 13,000 GALLONS AND 700 GALLONS AS IT WAS COMMUNICATED TO THE COAST GUARD SO WE STARTED COORDINATING THE RESPONSE EFFORT TO WHAT THE THREAT IS AND COORDINATE A RESPONSE TO REMOVE ALL OF THAT AND ONCE THAT IS COMPLETED AND APPROVAL PLAN TO SALVAGE THE VESSEL AND DONORS AND THAT RESPONSE BASICALLY HAD THE RESPONSE CORPORATION TO ASSIST WITH THE REMOVAL OF THE OIL WHILE THE VESSEL WAS AGROUND.

AND ALSO THEY INSTALLED THIS AROUND THE STERN OF THE VESSEL JUST IN CASE THERE WAS ANY DISCHARGE AND AS WE IDENTIFIED POTENTIAL SENSITIVE AREAS THAT WERE BEING IMPACT.

SO ALL OF THIS IS TAKING PLACE AND IT IS A SLOW-MOVING OPERATION AND OTHER AGENCIES WERE CONDUCTING UNDERWATER ASSESSMENTS TO IDENTIFY IF THERE WERE ANY REEFS IN THE AREA THAT WOULD BE IMPACTED.

AND, ADDITIONALLY ALSO ESTABLISH A PLAN TO REMOVE ALL OF THE FUEL THAT WAS ON BOARD AND TO JUMP FORWARD, A LITTLE BIT, EVENTUALLY, THEY WERE ABLE TO REMOVE A LOT OF THE LUBE OIL AND REMOVE THE BATTERIES FROM ALL OF THE CARS AND REMOVE THE CARGO THAT WAS ON BOARD AND THEN WE WERE GOING TO BE HIT BY A SECOND STORM WHICH WAS HURRICANE TAMMY SO AS THAT IS TAKING PLACE, WE ARE TRYING TO SECURE ALL OF THE EFFORTS THAT HAD BEEN ESTABLISHED TO PROTECT THE RESPONDERS AND THE VESSEL AND HOPING THAT SECOND STORM WOULDN´T AFFECT THE RESPONSE ANYMORE AND LUCKILY IT WAS A NEAR MISS AND THAT ALLOWED A VESSEL TO COME IN AND CAME IN SHORTLY AFTER THE STORM AND REMOVED ALL OF THAT THAT WAS PUMPED FROM THE VESSEL TANK TO THE CHALLENGER AND ONCE THAT WAS ACCOMPLISHED, THEY BROUGHT IN EQUIPMENT AND STEEGE AND ESTABLISHED A PLAN TO SALVAGE THE VESSEL WHICH, IN SOME WAY, BASICALLY, THEY PRESSURIZE THE TANKS SO THEY COULD INJECT AIR INSIDE TO KEEP THE VESSEL AFLOAT AND THEY EMPTIED OUT THE FLOODED ENGINE ROOM AND INITIALLY HAD WATER ON THE SURFACE AND EMPTY THAT OUT OF THEIR AND BROUGHT IN TWO TUGBOATS SO THEY COULD PULL THE VESSEL OFF OF THE REEF --OFF OF THE [ INDISCERNIBLE ] WHICH THEY WERE SUCCESSFUL AND THEY PULLED IT OUT BY ESTABLISHING A TOWLINE ON THE STERN OF THE VESSEL AND THEN A WAY TO KEEP A VESSEL AFLOAT MONITORING IT WHERE THE VESSEL IS TODAY AND AT THIS POINT ALL OF THIS HAS BEEN REMOVED AND ALL THE VEHICLES HAVE BEEN THAT AND ALL OF THIS HAS BEEN INCLUDED AND IT WAS NO LONGER A POLLUTION ENVIRONMENT AND THERE ARE OTHER ACTIONS AND WE WANT TO WAIT TO SEE WHAT THE OWNER WILL DO WITH THE VESSEL AND IT WILL BE WHAT HAPPENS FROM THERE.

>> THANK YOU SO MUCH FOR THAT THOROUGH UPDATE AND THE GROUNDING AND WE DO APPRECIATE YOUR JOINING US.

COMING UP WE WILL HEAR FROM THIS WEEK´S POWER PANEL BUT FIRST LET´S TAKE A LOOK AT THE PRESSING ISSUES THAT WILL BE ON THE TABLE.

>> RESIDENTS HAVE FILED A CLASS- ACTION LAWSUIT AND THE WATER SOLUTIONS AND FOLLOWING REPORTS OF BLOOD CONTAMINATION INTO THE ISLANDS POTABLE WATER SYSTEM NOVEMBER 22 ALLEGING THAT THEY PROVIDED RESIDENTS WITH UNSAFE WATER SO THEY COULD PROPERLY MONITOR IT OR FAILED TO DO THAT AND DIDN´T WANT THE PUBLIC ABOUT THE POTENTIAL HEALTH RISKS AND IN A STATEMENT IN RESPONSE TO THE LAWSUIT, THE CEO ANDREW SMITH WROTE, WE HAS THE AUTHORITY OR DISAPPOINTED THAT AMID THESE CHALLENGING CIRCUMSTANCES THERE ARE THOSE WHO SEEK MONETARY GAIN AT EXPLOITING THE VIBRANT SITUATION IMPACTING THE PEOPLE OF ST. CROIX AND THE AUTHORITY WOULD LIKE TO REITERATE THAT EVERY MOMENT SPENT AND IMPLEMENTING SOLUTIONS IS A MOMENT LOST AT THE EXPENSE OF OUR RESIDENTS.

>> THIS IS CRAZY AND THIS IS CALAMITY.

>> IN APRIL 2023, THE GOVERNOR SIGNED INTO A LAW A BILL ESTABLISHING SCHOOL CONSTRUCTION AND MAINTENANCE TO ADDRESS THE DETERIORATING PUBLIC SCHOOLS AND OVERSEE REPAIRS AND THE FORMATION HAS BEEN MARKED BY CONTROVERSY REGARDING THE FALSIFICATIONS FOR ITS DIRECTOR POSITION AND ACCORDING TO BILL 35 DASH 0050 THE BUREAU IS TO BE MANAGED BY AN EXECUTIVE DIRECTOR APPOINTED BY THE GOVERNOR WHO MUST BE EITHER AN ARCHITECT OR ENGINEER LICENSED IN THE VIRGIN ISLANDS AND THOSE WHO HAVE MORE YEARS AND EXPERIENCE AND CAPITAL PROJECT MANAGEMENT OR MAINTENANCE MANAGEMENT.

HOWEVER, A JOB DESCRIPTION THE GOVERNMENT POSTED ONLINE DOESN´T MAKE ANY MENTION OF A LICENSED REQUIREMENT AMONG ITS MINIMUM QUALIFICATIONS THAT INSTEAD THE DESCRIPTION STIPULATES A BACHELORS DEGREE IN ENGINEERING, ARCHITECTURAL DESIGN OR CONSTRUCTION TECH KNOWLEDGE HE FROM AN ACCREDITED INSTITUTION COUPLED WITH FOUR YEARS OF SUPERVISORY EXPERIENCE IN THE RELEVANT FIELDS AND ALTERNATIVELY IT EXCEPT THE HIGH SCHOOL DIPLOMA OR EQUIVALENT SUPPLEMENTED BY EIGHT YEARS OF SUPERVISORY EXPERIENCE IN CONSTRUCTION OR RELATED AREAS AND THESE DISCREPANCIES BETWEEN THE LEGAL REQUIREMENTS WITH THE EXECUTIVE DIRECTOR´S QUALIFICATIONS AND THE ACTUAL JOB DESCRIPTIONS HAVE RAISED CONCERNS AMONG SOME STAKEHOLDERS DEMANDING AN EXCLAMATION --EXPLANATION FOR THIS CONTRADICTION.

>> POCKETS OF RESIDENTS HAVE VOWED TO PROTEST OUTSIDE OF THE LEGISLATURE OF ST. THOMAS, ST. JOHN AND ST. CROIX EVERY TUESDAY DEMANDING THE RESIGNATION OF THEM AND THE TERRITORY WIDE MOVEMENT OF PRIVATE CITIZENS AND ORGANIZATIONS IS AIMED TO BRING ATTENTION TO THE GOVERNMENT´S SHORTCOMINGS AND DEMAND ACTION AND ACCOUNTABILITY.

>> I WOULD LIKE TO SEE THE RESIGNATION OF THE PRESENT GOVERNMENT AND THE EXECUTIVE BRANCH BECAUSE EVERYTHING THAT FOR HIS IN THIS AREA FROM EDUCATION AND INFRASTRUCTURE AND HEALTHCARE AND A SINK WE NEED TO PUT THIS FORWARD BECAUSE THEY ARE RESPONSIBLE FOR THAT AND EVERYTHING SEEMS TO BE DONE THROUGH THERE.

>> FIRST AND FOREMOST ALL THE LEGISLATURE WHO WERE INVOLVED IN THIS DEBACLE AND ACCEPTED THOSE MONIES I THINK THEY NEED TO STEP DOWN AND I THINK THEY NEED TO HAVE A RESPONSIBILITY FOR BEING PART OF THE PROBLEM AND TRY TO CLEAN UP.

WE HAVE TO LEAVE SOMETHING FOR THE USE AND WE NEED TO MAKE SURE THAT EVERYBODY HAS CLEAN HANDS AND ALSO IN REFERENCE TO THE GOVERNOR I THINK THE GOVERNOR NEEDS TO UNDERSTAND THAT THIS ISN´T A GAME AND YOU HAVE THE LAST FOUR YEARS TO DO WHAT YOU WANT AND NO YOU CAN´T AND WE WON´T ALLOW YOU TO DO THAT AND YOUR BEHAVIOR IS UNACCEPTABLE.

>> JOINING OUR PANEL IS FORMER SENATOR, KURT VIALET AND LOCAL TALK SHOW HOST, JAMILA RUSSELL AND JOINING THE PANEL VIRTUALLY WE HAVE DAWN HENRY, THE FORMER COMMISSIONER OF THE DEPARTMENT OF PLANNING AND NATURAL RESOURCES.

YOU GET THE FIRST QUESTION AND I WANT TO ASK YOU FROM THE GOVERNMENT´S PERSPECTIVE WE HEARD THE COAST GUARD AND WHAT THEY ARE DOING BUT BEING A FORMER COMMISSIONER THIS IS RIGHT UP YOUR ALLEY AND HOW DOES THE GOVERNMENT COORDINATE WHEN THERE IS THIS KIND OF IMPACT IN THE TERRITORY?

>> FIRST, THANK YOU FOR HAVING ME ON THE SHOW AND GOOD EVENING TO YOUR VIEWING AND LISTENING AUDIENCE.

I FOUND IT VERY INTERESTING THAT THE COAST GUARD NEVER MENTIONED BE PNR BECAUSE WE ALL KNOW IT IS THEIR PRIMARY RESPONSIBILITY TO RESPONSIBILITIES AND SUCH INCIDENCES EVEN IF THEY WEREN´T TO ASK OR MAKE A REQUEST FOR A COAST GUARD FOR ASSISTANCE ESPECIALLY WITH THAT INCIDENTS AND IT OCCURRED ON LAND AND THAT WOULD TRIGGER THE WATER POLLUTION CONTROL ACT IN OUR OIL SPILL PREVENTION COUNTERMEASURE LAW SO I FOUND IT INTERESTING HE MENTIONED A LOT OF FEDERAL AGENCIES WHO WERE ASSISTING WITH THE RESPONSE BUT NEVER MENTIONED DPNR AND IN MY CAPACITY WORKING ON DPNR AS A COMMISSIONER AS WELL AS THE ATTORNEY FOR ENVIRONMENTAL PROTECTION WE HAD EXPERIENCED DEALING WITH OIL SPILLS AND THIS INCIDENT THAT OCCURRED AT WAPA.

ONE OF THE THINGS THAT DPNR HAS TO MAKE SURE THAT IT CONTINUES TO HAVE IS ITS OWN OIL SPILL RESPONSE TEAM ALONG WITH THE NECESSARY EQUIPMENT TO RESPOND TO THESE INCIDENTS EVEN THOUGH IT WAS EXCELLENT THE COAST GUARD MADE IT CLEAR THAT WAPA WAS ABLE TO DEPLOY THIS AND RESPONDING BUT TO OVERSEE THE RESPONSE, I WOULD´VE REALLY LIKED TO HAVE HEARD THAT DPNR TOOK A MORE ACTIVE ROLE.

>> THAT WITH A KEEN OBSERVATION BUT I DO HAVE ANOTHER QUESTION BECAUSE IT IS THIS, WHO GIVES THE FINAL ALL CLEAR AND WHAT SUBSEQUENT TESTING IS DONE AFTER TO MAKE SURE THERE IS NO LONG-TERM IMPACT ON THE ENVIRONMENT >> THAT IS A VERY GOOD QUESTION BECAUSE WHEN YOU LOOK AT WHAT THE COAST GUARD EXPLAINED, IT APPEARS TO ME THAT DPNR MAY HAVE GIVEN THE COAST GUARD THIS RESPONSIBILITY BUT IF WE GO BY THE VIRGIN ISLANDS CODE, DPNR IS THE ONE RESPONSIBLE FOR MAKING SURE THAT THAT THAT IS TO THE SATISFACTION OF THE DEPARTMENT BEFORE IT RELEASES WAPA FROM ANY FURTHER LIABILITY BECAUSE WHAT USUALLY COMES WITH SOMETHING LIKE THIS IS IF THE ENTITY DOESN´T RESPOND IN THE WAY THE DEPARTMENT THINKS IT SHOULD, A VIOLATION COULD COME AND BE WORN TO.

I DON´T KNOW WHAT LEVEL OF AGREEMENT THE DEPARTMENT ENTERED INTO WITH THE UNITED STATES COAST GUARD BECAUSE THE UNITED STATES COAST GUARD DOESN´T HAVE PRIMARY TERRITORY THAT DPNR DOES.

>> LET´S GO TO OUR PANEL AND I WILL START FIRST WITH SENATOR WTJX.ORG/LOCAL-SHOWS/RECOVERY- IN-FOCUS/ TEEN.

AND RECENTLY A CLASS-ACTION LAWSUIT BY WAPA HAS BEEN ANNOUNCED AND THE ATTORNEY HAS FILED THE SUIT AND IS TRYING TO HOLD WAPA ACCOUNTABLE FOR THE SITUATION.

BUT WHAT WAS VERY INTERESTING WAS THE RESPONSE BY WAPA.

I THINK IN THIS SITUATION, THERE IS CLEARLY LIABILITY ON BEHALF OF THE GOVERNMENT AND I AM NOT THE COURT AND THE FINAL ADJUDICATOR OF THAT.

BUT I DO SENSE THAT PEOPLE HAVE BEEN WRONGED AND YOU SEE IT IS A MONEY GRAB AS IT WAS DESCRIBED?

>> DEFINITELY NOT.

THE RESIDENTS, ESPECIALLY IN CERTAIN AREAS, HAVE BEEN DEALING WITH THIS FOR A LONG PERIOD OF TIME AND THEY HAVE GONE THROUGH A LOT OF THE EXPENSES AND -- >> I COULDN´T AGREE WITH YOU MORE.

TO THE SENATOR´S POINT, JAMILA RUSSELL, THIS IS BEEN LONG DOCUMENTED AND I THINK THE RESPONSE TO THIS CASE WAS A LITTLE BIT OF A OFF TONE AND NOT EMPATHETIC TO THE REAL ISSUES THAT THEY ARE DEALING WITH AND TELL US YOUR TAKE ON THE RESPONSE BY WAPA.

>> I THINK IT IS INDICATIVE OF HOW THEY HAVE CONTINUED TO RESPOND TO THESE ISSUES THAT THE RESIDENTS HAVE BROUGHT TO THEIR UNDERSTANDING AND THEY COULD´VE MEDICATED IT HAVE THEY ADDRESSED OVER THE COURSE OF THE YEARS THAT THE RESIDENTS OF ST. CROIX HAVE BEEN CALLING AND MAKING THEIR VOICES HEARD ABOUT THE BROWN WATER ISSUE ESPECIALLY IN CERTAIN AREAS AND CLEARLY THE RESPONSE FROM WAPA HAS ALWAYS BEEN IT IS NOT OUR FAULT AND WE HAVE FAULTY INFRASTRUCTURE AND WE NEED HELP AND WE NEED MORE MONEY AND GIVE US MORE MONEY AND THE RESIDENTS HAVE GOTTEN TO THE WANT RESULTS AND ANSWERS AND THEY ARE USING THE TOOLS THEY HAVE AT THEIR DISPOSAL WHICH IS FILING A CLASS-ACTION SUIT TO FORCE ACTION FROM THE WATER AND POWER AUTHORITY BECAUSE FOR SO LONG THE GOVERNMENT HAS BEEN IN SITUATIONS THAT THEY FIND THEMSELVES IN AND WAPA RESPONDS BY SAYING IT ISN´T OUR FAULT AND WE NEED HELP AND IT IS A OLDER SYSTEM BUT IF YOU MANAGE AND YOU HAVE A PLAN AND THEY HAVE CONSISTENTLY PUSHED BACK THAT EFFORT BY THE PEOPLE WE ELECT TO REPRESENT US TO BE HELD ACCOUNTABLE.

SO WHEN YOU DON´T WANT TO BE HELD ACCOUNTABLE AND YOU HAVE THE FIRST PART OF GOVERNMENT ASKING YOU TO BE ACCOUNTABLE AND YOUR PUSHING BACK ON THAT, THEN THE PEOPLE IN THE RESIDENCE HAVE A RIGHT TO TAKE THIS MATTER TO COURT AND ASKED THE COURT TO HOLD THEM ACCOUNTABLE AND I THINK IT IS OVERDUE AND PEOPLE HAVE EXERCISED EVERY RIGHT THAT THEY HAVE.

HOPEFULLY, WAPA WILL BEGIN TO HEAR THAT AND -- >> YOU DO HAVE A LEGAL BACKGROUND, MS. HENRY AND IF THIS CASE GOES TO COURT AGAIN IN FRONT OF A JUDGE AND JURY, HOW DO YOU THINK THE MATTER WILL PLAY OUT?

>> WELL, YOU KNOW, WITHOUT UNDERSTANDING EXACTLY WHAT THE COMPLAINT IS, BECAUSE I HAVE NOT READ IT, BECAUSE IT WOULD BE DIFFICULT FOR ME TO GIVE AN ANALYSIS ON THE OUTCOME OF THE CASE BUT JUST SPEAKING IN GENERAL TERMS OF MY UNDERSTANDING OF SOME OF THE ISSUES THAT ARE GOING ON, I DO BELIEVE THE RESIDENCE, THEY HAVE A DECENT REASON FOR FILING THE SUIT KNOWING, IT IS MY UNDERSTANDING THAT PART OF WHAT FOSTERED OR WHAT IS HAPPENING THE WAY IN WHICH WAPA MAY HAVE BEEN TREATING THE WATER AND I THINK ALSO THAT WITH THIS DRINKING WATER MONITORING SYSTEM THAT WE HAVE FROM THE FEDERAL GOVERNMENT IT IS TIME FOR THAT TO BE UPDATED BECAUSE HOW THE REGULATIONS WORK IS YOU TYPICALLY TEST AT THE SOURCE MEANING WHEN THEY PRODUCE THE WATER CURRENT AND YOU DON´T REALLY DO THAT TO THE SYSTEM SO I THINK THAT ST. CROIX IS A PRIME EXAMPLE OF THE NEED EVEN IF LOCALLY WE DECIDE TO BE MORE STRINGENT WITH HAVING DIFFERENT TESTING POINT SO WE CAN MAKE SURE THAT AS THE WATER GOES TO THE DISTRIBUTION SYSTEM THAT IT IS AND CONTINUES TO BE PART OF THE WATER AND IT IS ONE THING TO SAY IT IS WHEN YOU MADE IT BUT WHAT GOOD IS IT WHEN IT GETS TO YOUR HOUSE THAT IT ISN´T POTABLE WATER.

I THINK THOSE ARE SOME THINGS WE NEED TO LOOK AT AND LIKE SHE MENTIONED, MAYBE THIS WOULD BE MORE STRINGENT IN OUR DRINKING WATER REQUIREMENTS IN THE TERRITORY.

>> ABSOLUTELY.

I WILL COME BACK TO YOU, JAMILA RUSSELL.

THIS IS BEEN ESTABLISHED VIA LEGISLATION AND THERE IS CONTROVERSY OVER THE EXECUTIVE DIRECTOR JOB DESCRIPTION AND WHAT IS NOW BEING ADVERTISED AND WHEN I READ THIS I WAS A BIT CONFUSED AND TO ME THIS IS A NO-BRAINER AND IF WE ARE REQUIRING CERTAIN TECHNICAL STANDARDS, WE SHOULD ADVERTISE THE JOB AS SUCH AND HOW DO YOU THINK THIS ACTUALLY CAME ABOUT, AND WHY DOES THERE SEEM TO BE LOWER STANDARDS ADVERTISE FOR THE POSITION NOW THAT WE ARE LOOKING FOR AN EXECUTIVE DIRECTOR?

BEFUDDLED BY THIS AS WELL AND I WORKED IN THE LEGISLATURE.

I HAVE BEEN PAYING ATTENTION TO THE ADVERTISEMENT BECAUSE THE PERSON THAT I WORKED FOR WAS A PRIMARY SPONSOR OF THE MINUTE --MEASURE AND THE LEGISLATURE DID MAKE IT CLEAR THAT THEY WANTED SOMEBODY WHO HAS A SKILL SET TO MAKE SURE THESE NEW CONSTRUCTION PROJECTS THAT ARE SLATED TO COME ON BOARD THAT THERE IS SOMEBODY WHO IS QUALIFIED AND HAS THE REQUISITE KNOWLEDGE AND SKILLS AND EXPERIENCE TO BE ABLE TO MANAGE THOSE PROJECTS AND DEVELOP A MAINTENANCE PLAN BECAUSE A LOT HAS BEEN HAPPENING WITH THESE FACILITIES AND THERE IS A LACK OF TRUE MAINTENANCE.

SO WHEN YOU SEE A JOB ADVERTISEMENT THAT IS VERY FAR FROM WHAT THE LEGISLATURE HAS ENACTED, IT BEGS THE QUESTION OF STILL WHY.

I AM HOPING THAT THE EXECUTIVE BRANCH COLLECTS THIS BECAUSE IT IS CLEAR THAT WE DIDN´T WANT SOMEBODY WITH A HIGH SCHOOL DIPLOMA TO RUN AND MANAGE MILLIONS AND MILLIONS OF DOLLARS IN CONSTRUCTION AND MAINTENANCE OF OUR SCHOOL SYSTEM.

SO I AM HOPING THEY SEND OUT ANOTHER NOTICE SO THAT PEOPLE WITH THE PROPER SKILL SETS CAN APPLY AND I AM AT A LOSS AT THIS POINT.

>> SO AM I AND THAT IS WHY I PHRASE THE QUESTION THE WAY I DID.

>> HOW DID WE MANAGE TO MESS THIS UP?

THIS SEEMS TO BE PRETTY STRAIGHTFORWARD AND YOU WANT TO HAVE SOMEBODY WITH THE TECHNICAL REQUIREMENTS IN EDUCATION AND STANDARDS TO EXECUTE ON WHAT IS A HUGE REBUILDING OF THE INFRASTRUCTURE OF OUR EDUCATION AND CAMPUSES ACROSS THE TERRITORY BUT HOW DID WE GET THIS WRONG?

>> IT IS A COMPREHENSION ISSUE AND WHEN I LOOK AT THE BILL IF YOU READ SECTION 1 OF SUBSECTION IT SAYS AN EXECUTIVE DIRECTOR APPOINTED BY THE GOVERNOR WHO HAS TO BE AN ENGINEER LICENSED IN THE VIRGIN ISLANDS, AND IT SAYS AN INDIVIDUAL WITH EXPERIENCE IN CONSTRUCTION PROJECT MANAGEMENT AND ARE MAINTENANCE MANAGEMENT AND THEY INTERPRETED THE BILL TO SAY AN ARCHITECT OR ENGINEER OR SOMEBODY WHO HAS THIS EXPERIENCE BUT THEN ANYBODY WITH A CERTAIN LEVEL OF COMPREHENSION IF YOU GO DOWN TO THE SECOND ONE THE ASSISTANT DIRECTOR OF SCHOOL CONSTRUCTION MUST BE AN ARCHITECTURAL ENGINEER AND I DON´T UNDERSTAND WHERE THE PROBLEM AROSE AND IT EFFORT FOR SOMEBODY ELSE TO RECEIVE THAT BECAUSE THERE´S NO REAL LOGICAL REASON AS TO WHY YOU WOULDN´T ADHERE TO THE BILL AS WRITTEN AND WHEN I READ IT I CALLED HER AND SAID I KNOW YOU WORKED ON THIS AND DID YOU CHANGE IT OR WAS IT AMENDMENT AND SHE SAID NO AND WHY AM I ASKING AND I SAID BECAUSE THEY ARE SAYING THAT SOMEBODY WITH EXPERIENCE CAN QUALIFY FOR THE POSITION AND YOU WANT SOMEBODY TO HAVE THIS SKILL SET IN THE EDUCATIONAL BACKGROUND TO BE ABLE TO OVERSEE ALL OF THESE PROJECTS.

SO I DON´T UNDERSTAND AND IT NEEDS TO BE CORRECTED AND IF IT ISN´T AND SOMEBODY IS IN THAT POSITION WE HAVE TO SEE WHAT TYPE OF ACTION IT TAKES AND WE CAN´T CONTINUE AS A GOVERNMENT TO HANDLE LEGISLATURE OR PASS LEGISLATION AND THEN IT´S NOT ADHERED TO BY THE ADMINISTRATIVE RANCH AND I THINK THIS AND THEY SAID IT WAS A MISTAKE AND IT NEEDS TO BE CORRECTED SO WE HAVE TO FIND OUT WHAT IS GOING ON BUT AS YOU CAN SEE WITH THE CONVERSATION THERE DOES SEEM TO BE A LACK OF ACCOUNTABILITY FROM THE COMMISSIONER AND SPOKE ABOUT DPNR NOT EVEN BEING MENTIONED AND WE NEED TO RUN THE GOVERNMENT AND ACCOUNTABILITY MEASURES NEED TO BE IN PLACE BECAUSE WE CAN´T ALLOW FOR THE LAW NOT TO BE ADHERED TO AND WE HAVE TO MAKE SURE THAT WE MOVE IN A DIRECTION THAT CALLS FOR ACCOUNTABILITY ON A REGULAR BASIS TO MAKE SURE THAT THE INTENT OF LEGISLATION IS FOLLOWED.

>> THE FORMER SENATOR CAN ATTEST TO THIS AND WHEN THIS WAS BEING IN LEGISLATURE THEY MADE ITS INTENT CLEAR THAT MEASURE AND LANGUAGE THIS PRECISE LANGUAGE THAT SPOKE TO THE REQUIREMENT WAS INSISTED UPON AND HE INSISTED THAT THEY INCLUDE SPECIFIC LANGUAGE TO BE TIGHTENING UP THAT SECTION OF THE BILL SO THAT IS UNDERSTOOD AND THEY WERE CLEAR THAT THE INDIVIDUAL HIRED TO BE THE EXECUTIVE DIRECTOR OF THE BUREAU HAD THE NECESSARY QUALIFICATIONS AND YOU JUST COULDN´T HAVE AND SAY I HAD THE EXPERIENCE AND I HAVE BEEN WORKING FOR 30 YEARS AND I NEED THE JOB.

NO.

THAT IS BUILT INTO THE MEASURE.

I AM HOPING THEY DO CORRECT IT BECAUSE WE HAVE SEEN WITH THE FEELING INFRASTRUCTURE THE SCHOOLS NOT BEING REBUILT AND THE NEED FOR THE BUREAU AND THE NEED FOR THIS MEASURE.

>> I DO WANT TO ASK YOU TO LEAN ON YOUR LEGAL EXPERIENCE, COMMISSIONER HENRY, POTENTIALLY IF WE HIRED THE WRONG INDIVIDUAL IS THERE ANY LEGAL LIABILITY THEY COULD TAKE DURING THE TENURE OF THE INDIVIDUAL IF WE DON´T HIRE THE RIGHT PERSON?

>> THAT IS AN INTERESTING QUESTION AND I DON´T KNOW THAT ANSWER OFFHAND BUT WHAT MY OBSERVATION HAS BEEN REGARDING THE LAWS AND THE VIRGIN ISLANDS AND SPECIFICALLY WHAT WE ARE TALKING ABOUT HERE TODAY IS THAT I THINK THAT AS CITIZENS WE NEED TO GO A STEP BEYOND JUST TALKING ABOUT HOLDING THE GOVERNMENT ACCOUNTABLE AND THAT IS WHY WE HAVE THE JUDICIAL BRANCH AND SOMETIMES IT´S NECESSARY TO FILE SUIT AGAINST THE GOVERNMENT WITH SOME OF THE THINGS THAT THE GOVERNMENT CONTINUES TO DO SO INSTEAD OF WAITING FOR IT TO GET TO THE POINT WHERE SOME RAIN HAPPENS MAYBE ACTION NEEDS TO BE TAKEN IF SOMEBODY IS HIRED WHO DOESN´T MEET THE REQUIREMENT THAT´S NOT IN ALIGNMENT WITH THE LAW THAT WAS PASSED.

I WANT TO ALSO IF YOU DON´T MIND TAKE THIS OPPORTUNITY TO JUMP BACK IN QUICKLY ABOUT THE DRINKING WATER.

AND SINCE CONGRESS GAVE THE UNITED STATES 15 BUT -- 15 DELETE --$15 MILLION TO DEAL WITH THE INFRASTRUCTURE ISSUES AND OF COURSE WAPA ARE ENTITLED TO THEIR PORTION THROUGH OUR DRINKING WATER ACT AND I DON´T KNOW HOW MUCH THEY HAVE RECEIVED IN TERMS OF DOING THAT REPLACEMENT THAT IS TAKEN PLACE IN THAT AREA BUT I DO ONE IMPORTANT THING THAT POINT OUT IS THAT THEY NEED TO HAVE A DISCUSSION ABOUT WHAT TYPE OF MATERIAL THEY WILL BE INSTALLING BECAUSE I THINK WE KNOW OR THINK THAT PVC PIPING IS SAFE BUT IT ISN´T.

IT IS MADE FROM VINYL CHLORIDE AND IT IS TOXIC AND CAUSES BRAIN CANCER AND LUNG CANCER AND LYMPHOMA AND I THINK IT IS IMPERATIVE THAT WE AT LEAST HAVE A DISCUSSION ABOUT OUR ACTIONS AND HOW MOVE FORWARD AND NOT ASSUME THAT PVC PIPING IS SAFE AND IS THE ONLY ALTERNATIVE AND MANY ARE INSTALLING COPPER INSTEAD OF PVC BECAUSE OF THESE CONCERNS.

SO I WANTED TO RAISE THAT ISSUE >> I DO APPRECIATE THAT AND WHEN YOU SPEAK TO TAKING THINGS A STEP FURTHER LET´S TALK ABOUT THE PROTESTS THAT HAVE TAKEN PLACE WHERE RESIDENTS AND ALL THREE BUILDINGS AND ISLANDS HAVE COME OUT TO PROTEST AND HAVE YOU HAD A CHANCE TO DRIVE BY HER HERE FOR MANY THE PROTESTERS?

I KNOW THEY HAVE BEEN ON RADIO AND DIFFERENT MEDIA TALKING ABOUT THESE AND DO YOU THINK THEY WILL BE SUSTAINABLE?

DO THINK ANY MEANINGFUL CHANGE WILL COME ABOUT AS A RESULT?

>> I HAVE SEEN SOME OF THE PROTESTERS AND I THINK YOU ALWAYS HAVE TO HAVE A GOAL AND A LOT OF TIMES WE HAVE PEOPLE WHO ORGANIZE AND THEY DO THAT WITHOUT AN ENDGAME IN MIND AND IT CAN´T BE A BLANKET STATEMENT AND EVERYBODY IS CORRUPT AND THE WHOLE GOVERNMENT IS CORRUPT AND I THINK YOU HAVE TO HAVE ACHIEVABLE GOALS AND YOU HAVE TO BE SYSTEMATIC ABOUT WHAT IT IS YOU ARE ATTEMPTING TO ACHIEVE.

FROM WHAT I HAVE HEARD, THERE IS A LOT AND I DO RESPECT EVERYBODY´S RIGHT TO PROTEST.

I HAVE ORGANIZED AS MUCH AS BEFORE PROTESTS AND IT WAS FOR A SPECIFIC PURPOSE IN MIND AND I CLEARLY DID KNOW GOING IN WHAT MY INTENDED OUTCOME WAS AND I DON´T SEE THIS AT THIS POINT AND I AM UNSURE AS TO WHAT THE INTENDED OUTCOME IS.

I AM HEARING ABOUT THESE ISSUES AND A LOT OF TALK SURROUNDING EPSTEIN AND I HAVEN´T HEARD ABOUT LOCAL CRIMES AGAINST OUR YOUNG FEMALES IN TERMS OF WHAT HAPPENED WITH JOHN JACKSON IN ST. THOMAS OR HAVEN´T HEARD PEOPLE PROTESTING IN REGARDS TO WHAT IS HAPPENED WITH LOU SMITH THE CHILDREN WHO DIED IN CUSTODY AT THE DHS.

IT BEGS THE QUESTION, WE PROTESTING TO PROTEST TO HAVE A CLAIM TO FAME SO TO SPEAK OR BUILD NOTORIETY OR RECOGNITION IN THE PUBLIC OR ARE WE PROTESTING BECAUSE THERE IS SOMETHING WE WANT TO ACHIEVE AND WE NEED TO IDENTIFY WHAT IT IS WE ARE ATTEMPTING TO ACHIEVE AND IN TERMS OF SUSTAINABILITY, IF THERE IS A WILL THERE IS A WAY SO THOSE WHO HAVE DECIDED THAT THEY WANTED TO PROTEST FOR WHATEVER REASON MAYBE IT IS THE WILL AND DESIRE THAT THEY WILL CONTINUE AND I KNOW IF I BELIEVE IN SOMETHING IF I AM THE ONLY ONE STANDING I STAND BY MYSELF AND I HOPE THEY HAVE THE SAME LEVEL OF CONVICTION FOR WHATEVER THEIR ENDGAME IS.

>> THE SAME QUESTION.

THERE IS NO QUESTION THAT THE INDIVIDUALS PROTESTING SOME OF ARE COMPLETELY LEGITIMATE I DON´T INC.

THESE PROTESTS ARE UNFOUNDED OR WITHOUT BASIS.

BUT IT NEVER --HOWEVER, SUSTAINABILITY IN ACTION AND MEANINGFUL CHANGE WHAT YOU THINK WOULD BE THE RESULT?

>> DEFINITELY THE INDIVIDUALS WHO ARE PROTESTING AND IN REFERENCE TO ALL OF THE ISSUES HERE THAT ARE PLAGUING THE VIRGIN ISLANDS AND THEY WANT TO SEE THOSE THINGS CHANGE AND I THINK ONE OF THE ISSUES WE HAVE AND I WAS THINKING BACK TO WHEN I WAS A VERY YOUNG BOY AND WE HAVE THE SENATORIAL AND GUBERNATORIAL ELECTION WE HAD CLEARLY THREE BODIES AND WE BECAME AN ICM AND THOSE INDIVIDUALS ARE OPPOSITION PARTIES WITHIN AND THEY HAVE THE PARTY IN CHARGE OF THAT AND THE NEXT TWO YEARS THEY HAD IT MORPH INTO THE 2010 OR 2012 AND WE ONLY HAD ONE DOMINANT PARTY SO A TRUE OPPOSITION PARTIES THE VENUE DEVELOP ALL OF THESE THAT WILL DO THIS THAT PROTESTS AGAINST EXACTLY WHAT IS TAKING PLACE AND IT FORCES YOU TO ACT AND BECOME ACCOUNTABLE BUT WE HAVE TO BE CAREFUL AS TO HOW WE PROCEED WITH THAT OPPOSITION AND MAKE SURE IT IS DONE IN A RESPECTFUL MANNER AND STICK TO THE ISSUES AND YOU PUSH FOR CHANGE BUT THERE IS SO MUCH GOING ON IN THE VIRGIN ISLANDS THAT WE ARE AT A TIPPING POINT WHERE IT IS QUITE DANGEROUS AND WE SEE PEOPLE ACTING IN A WAY THAT HAS NEVER BEEN BEFORE THE PUBLIC BEFORE AND I SAW PEOPLE IN THE AUDIENCE ACTING IN A WAY THAT I HAVE NEVER SEEN BEFORE IN REFERENCE TO THIS ADMINISTRATION SO I THINK IT IS A CALL FOR ACTION AND MAYBE TWO DEVELOP A TASK MOVING FORWARD AND DO IT QUICKLY WITH ANOTHER ISSUE BUT A STATE OF EMERGENCY WAS DECLARED AND THEY´RE WILLING TO ASK FOR TECHNICAL ASSISTANCE AND WE ALSO KNOW WE HAVE A CONSTRUCTION PLAN DEALING WITH COPPER PIPES ET CETERA SO IT´S A UNIQUE OPPORTUNITY TO HAVE A PLAN MOVING FORWARD SO IN THE SHORT PERIOD OF TIME WE WILL HEAR WHAT THEY ARE TRYING TO ACCOMPLISH LIKE WILL BE BE USED TO LIGHTING --UTILIZING THE TECHNICAL SKILLS OR GIVING A CERTAIN AMOUNT OF MONEY OR MATERIAL THAT WILL CAUSE FUTURE PROBLEMS BUT WE MUST HAVE A PLAN BECAUSE WE ARE HEARING THE ISSUES AND THE CORRECTIVE MEASURE BUT YOU WANT HEARING A LONG-TERM PLAN AND WITH THIS YOU HEARD THAT THEY ARE CLEANING ABOUT BUT IN REFERENCE TO THE CONTAINMENT, WHAT IS THE MITIGATION EFFORTS BEING PUT IN PLACE SO THIS WON´T HAPPEN AND WE NEED ANOTHER UNIT FOR ONE THAT WE HAVE ON THE SECONDARY?

WE HAVE TO BE ABLE TO HAVE THESE DISCUSSIONS BUT ALSO HAVE SOLUTIONS THAT MOVING FORWARD AS TO HOW WE PREVENT THIS FROM HAPPENING AGAIN AND HOW DO WE RESOLVE THESE ISSUES GOING FORWARD.

>> IF I MAY PIGGYBACK, THE LEGISLATURE IMPLEMENTED A PLAN AND THE LEGISLATURE HAS IMPLEMENTED A LAW THAT REQUIRES WAPA TO ENGAGE WITH THE COMPANY WHOSE EXPERTISE WAS TO TURN ELECTRICAL UTILITIES AND ELECTRICAL AND WATER UTILITIES AND THAT IS WHAT IS MISSING.

YOU CAN´T JUST CONTINUE TO REACT.

THEY HAVE FAILED AND FOUGHT THE LEGISLATURE TOOTH AND NAIL AND MOVING FORWARD.

>> I DO HAVE TO JUMP IN AND I DO HAVE TO GET ONE LAST THING AND.

AND FOR VIEWERS.

LAST MONTH THE LARGE SENATOR INTRODUCED AN AMENDMENT TO ALTER A SECTION OF THE BILL PERTAINING TO THE WATER RIGHTS SURROUNDING THIS AND THE AMENDMENT ULTIMATELY FAILED AND THE SENATOR SAID THE LAST DEAL IS NOW IN JEOPARDY AND LET´S LOOK AT THAT.

>> I OFFER THIS AMENDMENT TO AMEND NUMBER 35 DASH ZERO 910 AND THIS IS AMENDED BY ADDING AN APPROPRIATELY NUMBERED SECTION THAT READS ACT NUMBER 8741 IS AMENDED BY STRIKING SECTION 3 IN ITS ENTIRETY AND INSERTING A NEW SECTION 3 THAT READS AS FOLLOWS AND THE GOVERNMENT OF THE VIRGIN ISLANDS MAKES CHANGE LAND IN SECTION 1 PROVIDED THE USE OF THE PUBLIC ACCESS KNOWN AS AND REMAINS CONSISTENT AND AND ALL APPLICABLE LAWS AND REGULATIONS ARE SO MOVED.

>> MOTION MADE BY THE SENATOR AND A SECOND BY AND OBJECTED TO BY SENATOR FRANCIS.

>> THE ORIGINAL BILL SAID ORIGINALLY THAT WHEN PAST THE GOVERNOR OF THE VIRGIN ISLANDS MAKES CHANGE THE LAND IN SECTION 1 IF IT DOESN´T INTERFERE WITH OR RESTRICT PUBLIC ACCESS TO THE WATERWAY FOR RECREATIONAL AND COMMERCIAL PURPOSES AND LIKE EVERYTHING ELSE IT INCLUDES AN ADDITIONAL LANGUAGE THAT STATES THAT THE NATIONAL PARK SERVICE ORGANIC ACCESS TO USC 100101 AND THEY SAID THERE WERE LAWS AND REGULATIONS.

WHAT IS HAPPENING THAT THE PUBLIC IS NOT AWARE OF IS THAT THIS IS POTENTIALLY IN JEOPARDY RIGHT NOW BECAUSE ONE OF THE KEY POINTS THAT THE LEGISLATURE INCLUDED WAS TO MAKE SURE THAT THIS DEAL COULDN´T GO THROUGH UNTIL YOU ARE ABLE TO GUARANTEE THAT THE WATER RAISE WERE STILL ACCESSIBLE --WATERWAYS WERE ACCESSIBLE.

SO WE WANTED TO KNOW WE COULD DO WHAT WE WANT WHEN WE WANTED TO --.

>> WE DO ONLY HAVE FOUR MINUTES TO DISCUSS THIS AND I WILL START WITH YOU AND I WILL LEAN ON YOUR LEGAL EXPERIENCE AS A DESHA AN ATTORNEY.

BASED ON WHAT YOU HEARD, IS THIS IN JEOPARDY ARE NOT QUITE >> IT IS BECAUSE THE SENATE, IT IS MY UNDERSTANDING THEY DIDN´T PASS THE AMENDMENT AND THE FEDERAL GOVERNMENT AND THEIR POSITION IS THAT THE CLAUSES IN THE DEAL AND MY UNDERSTANDING IS THAT THE FEDERAL GOVERNMENT IS SAYING THAT THEY WON´T AGREE TO THAT CLAUSE BEING PART OF THE DEAL BECAUSE THE FEDERAL GOVERNMENT FEELS THE TERRITORY CAN´T DICTATE TO THE FEDERAL GOVERNMENT WHAT IT SHOULD OR SHOULD NOT DO WITH ITS OWN LAND.

MY UNDERSTANDING IS IT IS IN JEOPARDY.

>> OKAY.

I WILL COME TO YOU, SENATOR WITH YOUR WEALTH OF LEGISLATIVE EXPERIENCE AND BASED ON WHAT YOU HEARD WHAT IS YOUR EXPERIENCE OR OPINION?

IN JEOPARDY OR NOT?

>> DEFINITELY SOMETHING WAS GOING ON BECAUSE THE AMENDMENT HAD TO COME FROM SOMEBODY WHO HAD PRIOR KNOWLEDGE AS TO WHAT IS TAKING PLACE AT THE FEDERAL GOVERNMENT AND WHAT IS THIS THAT IT CAME AND THIS SESSION DIDN´T HAVE A CHANCE TO HEAR FROM ANYONE ASK QUESTIONS IN REFERENCE TO EXACTLY WHAT THIS WAS AND WHAT WAS OFFERED AND WE HAVE TO REMEMBER THAT ONE OF THE THINGS THAT THE SENATOR SAID IN REFERENCE TO GETTING A DEAL PAST SO YOU CAN PASS A PROTECT A LOT OF RIGHTS BECAUSE WE WANT TO MAKE THIS EXCHANGE AND THE BILL PASSED AND YOU COME BACK AND SAY, GUESS WHAT WE HAVE TO REMOVE THIS AND WE CONSIDER THIS AND IT IS A BIG ISSUE BECAUSE IT IS A LARGE AMOUNT AND WE CAN´T JUST TAKE IT AS AN AMENDMENT AND HAVE A FULL DISCUSSION OF WHAT IS TAKING PLACE.

>> IN ONE MINUTE, IS THE DEAL IN JEOPARDY OR NOT?

>> I THINK THE DEAL IS NOT AND I THINK THE FEDERAL GOVERNMENT WANTED TO EXERCISE, FLEX THEIR POWER BY HAVING THIS AMENDMENT BEING OFFERED BACK IN THE LEGISLATURE AND THE RESEARCH I DID WAS THAT THE WATER IS ALREADY SURROUNDED PART OF THE NATIONAL PARK SERVICE SO WHEN THAT CAME UP TO AMEND THE BILL THE GOVERNMENT SET DOWN INITIALLY AND SECTION 3 WAS INCLUDED, I WAS PERPLEXED BECAUSE THEY WERE ALREADY CONSIDERED PART OF THE NATIONAL PARK SERVICE PRIOR TO IT BEING PAST BUT I THINK, AGAIN, WE HAVE TO RESPECT THE RESIDENCE OF OUR TERRITORY AND THEY ARE CONCERNED ABOUT HAVING ACCESS TO THE WATER SURROUNDING AND I THINK THE FEDERAL GOVERNMENT NEEDS TO UNDERSTAND THE IMPORTANCE OF HAVING THE ABILITY TO TRAVERSE THOSE WATERS.

>> THANK YOU ALL FOR BEING ON THE SHOW AND TO OUR GUESTS AND THAT IS ALL WE HAVE TODAY BUT BE SURE TO TUNE IN NEXT SUNDAY AS WE HAVE NEW EPISODES OF COMES WITH THE TERRITORY BUT IN THE MEANTIME FOR YOUR NEWS UPDATES TUNE INTO THE NEWS FEED ON WEEKDAYS AT 5:00 AND 93.1 FM ARE DOWNLOADING THE APP.

FOR ALL OF US HERE HAVE A GREAT SUNDAY.