Nov. 12, 2007 — Gov. John deJongh Jr. vetoed several measures Monday, including a questionable rezoning request for a commercial center on St. Thomas' East End, a dropout-prevention act and a bill offering the V.I. Housing Finance Authority the first right of refusal on all government land up for sale.
DeJongh also vetoed a bill calling for the governor to negotiate the return of any excess parcels of land in Lower John Dunkoe on St. Thomas — formerly known as the site of the V.I. Hilton Hotel — to the government, for the construction of homes for veterans.
"It is my firm position that the Legislature cannot issue directives to the governor, because one branch of government cannot exercise control over another co-equal branch," deJongh wrote in a letter to Senate President Usie R. Richards. "Legislation in which one branch attempts to issue mandates to another branch are unconstitutional, and I am constrained to veto such bills."
However, deJongh said a section of the government's existing lease with Veterans Resource Development already allows the governor to enter into negotiations for the release of additional parcels, and added that that the commissioner of the Department of Property and Procurement and the territory's attorney have been told to begin the process.
The Dropout Prevention Act generated much controversy at a legislative session last month, having been brought out on the floor after a majority of senators decided not to approve the nomination of acting Education Commissioner Lynn Spampinato. In his letter to Richards, deJongh commended the Senate for its attempts to reduce student dropout rates, but said that the proposal is "inconsistent and appears to be discretionary in some portions."
He added that no funding has been provided to back up some of the mandates outlined in the bill, such as the development of a dropout-prevention manual designed to highlight various programs and initiatives available for at-risk students.
"The bill also grants the insular superintendents the ability to modify curriculum for these programs, which conflicts with the existing legal mandate that the Board of Education develop curriculum upon the recommendation of the commissioner of Education," deJongh wrote. "Finally, as set forth in testimony provided to the Legislature, there are similar programs already in place within the Department of Education."
A bill granting the V.I. Housing Finance Authority (VIHFA) the first right of refusal on all government property up for sale also stirred up concerns for deJongh, who wrote that the agency can already acquire government land free of cost for the construction of affordable-housing units.
"This proposal is not needed for VIHFA to meet its mandate," deJongh wrote. "The language of the bill which provides that VIHFA may use the property for affordable housing or for 'any other purpose' is simply too broad, and could be construed as an expansion of VIHFA's authority without the requisite public debate of such a proposition."
Despite the veto, deJongh pledged his support for affordable-housing initiatives, and signed into law another bill that transfers the housing functions under the Department of Housing, Parks and Recreation — along with the Community Development Block Grant Program — to V.I. Housing Finance Authority. DeJongh and other members of the administration have long pledged their support for the proposal, saying the government could better manage the housing programs if they were located under one agency.
However, deJongh vetoed one amendment to the bill that appropriated $110,000 to the Civil Rights Commission on St. Croix to cover personnel services and fringe benefits. The funding is not immediately required, deJongh said. The governor said he would send corrections to other amendments tacked onto the bill, which, he added, would result in "imprecise language to the V.I. Code."
DeJongh also vetoed a rezoning request that would have allowed for the construction of a commercial center — replete with retail stores, luxury condominiums and themed restaurants — to Smith Bay. During a recent Senate hearing, representatives from the Department of Planning and Natural Resources expressed concern about the request. Developers asked for a zoning variance — which allows the property to be used for something other than its designated purpose — to allow for the construction of a climate-controlled storage facility. (See "Developers Preview Luxury East End Facility with Shopping, Housing and Dining.")
"I emphasize the recommendation of DPNR, which clearly noted that the construction of a large warehouse facility in that particular lot would be inconsistent with the existing and proposed uses on the neighboring parcels, and would continue the regrettable pattern of haphazard development in the territory," the governor wrote in his letter to Richards. DeJongh further urged senators to keep the agency's recommendations in mind when considering future rezonings.
The governor also approved a bill setting up various mechanisms intended to reduce the number of problem gamblers throughout the territory, and commended the Senate for passing a resolution to honor the Rotary Club of St. Thomas for its contributions to the local community over the past five decades.
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