Dec. 28, 2001 – All Innovative business offices will be closed Tuesday, Jan. 1, and Friday, Jan. 4, in observance of New Year's Day and Festival Day. The Innovative Business Center on St. Croix will be closed also on Saturday, Jan. 5, in observance of the Adults Parade.
Customers are advised that the 912 Repair Service will be open during those days the business offices are closed from 8 a.m. to 5 p.m.

Dec. 28, 2001 – All Innovative business offices will be closed Tuesday, Jan. 1, and Friday, Jan. 4, in observance of New Year's Day and Festival Day. The Innovative Telephone, Innovative Wireless, and VIPowerNet business offices on St. Thomas will open on Jan. 5, during the new hours for the Year 2002 from 8 a.m. until 12 p.m. Innovative Cable TV St. Thomas-St. John will be open from 9 a.m. until 12 p.m.
Customers are advised that the 912 Repair Service will be open during those days the business offices are closed from 8 a.m. to 5 p.m.
The Innovative Cable TV St. thomas-St. John customer service offices will close a 3 p.m. on Monday, Dec. 31.

Dec. 28, 2001 – District Court Judge Stanley Brotman has vacated an order he signed earlier this year citing the Virgin Islands government for contempt of court for not showing adequate progress in bringing the territory's prisons up to constitutional standards.
In an announcement late Thursday that the government was no longer under the contempt order, Attorney General Iver Stridiron said the judge's decision was an acknowledgement that improvements have been made in the prison facilities.
"We are making major strides in restoring the prisons to constitutional standards," Stridiron said in the announcement.
Brotman has been overseeing the jails and prisons in the territory since the government entered a consent decree stemming from a 1985 lawsuit filed by inmates in the system. With representation by local attorney Benjamin Currance and the American Civil Liberties Union National Prison Project, the inmates had complained of overcrowding, lack of medicines, few recreational options, lack of safety mechanisms and other issues.
The expansion of the Golden Grove prison on St. Croix and the housing of prisoners in the Sub Base Annex facility on St. Thomas have largely addressed the overcrowding problem, and Brotman has been pushing for implementation of steps to address the other issues. Earlier this year, he cited the government for contempt because of a lack of progress.
But after an October tour of the prisons with Gov. Charles W. Turnbull and a court hearing, Brotman said he had seen some signs of progress and recommended other measures, such as setting up a separate account for funds to be used only for repairs and maintenance programs. That account will be funded with federal money from the U.S. Marshals Service and the Immigration and Naturalization Service, which pay the local government to provide temporary housing for people picked up on immigration charges and other federal offenses.
On Thursday, Stridiron said the first deposit, of about $220,000, had been made into the new account. With some of the money, he said, prison officials are negotiating contracts to ensure a steady supply of medicines to inmates. Lack of a means of obtaining regular supplies of medicines has been one of the main concerns in the prisons.
Other portions of the money will go toward buying the inmates food and paying to have about a dozen inmates from the Virgin Islands housed in the Virginia prison system, Stridiron said. Those inmates — most of them convicted of murder — are housed at the Wallens Ridge supermaximum security prison in Virginia.

We in the Virgin Island are used to paying higher prices for goods and services; it's the price we pay for living in paradise. We are charged an increased amount for these items to offset shipping tariffs, shortened shelf life of perishable foods and the overall higher cost of living shared by each of us. Medical costs too are on the increase and with them our monthly health insurance premiums.
The combination of the slowing economy, sagging profits and raising medical and prescription drug costs have forced Virgin Island employers as well as those nationwide to require their employees to pay a larger share of their health insurance costs.
Most employers are dealing with the double digit cost increases by raising deductibles. Approximately half of the nation's small employers surveyed by The National Center for Policy Analysis had deductibles of $500 or higher this year, double the $250 median deductible in 2000.
As medical costs and insurance premiums continue to spiral upward employers are expected to shift more of the costs to the employees. In addition, one in five surveyed said it was "somewhat or very likely" that within the next two years they would introduce a new type of health plan that would shift more of the costs to those employees who have the highest medical costs. Healthy employees would receive a bonus credit for future medical spending.
One of the hottest concepts in health care financing emerging in response to this trend are "Defined Contribution Health Plans."
Under a defined contribution health insurance program, employees receive a sum of money from their employer, say around $ 5000 per year tax free, to buy their own health insurance plan.
If the employer contribution fails to cover the full cost, employees would supplement it with their own funds. Or they could choose a less generous plan and pay less out of pocket. Either way the employees would make their own decisions about what deductibles are acceptable and what coverage level is fight for them.
The benefits to the employer would be that they would save money on administrative costs. Also, they would avoid expected liability lawsuits since the federal government appears likely open the employer up to more employee liability claims under the proposed Patients Bill of Rights.
The plan puts individuals not insurers, employers, managed care companies or the government; back in charge of their own hearth care decisions. Employees would have the incentive to shop around and spend their health care dollars more frugally.
This type of defined contribution program would save the employer money, administrative time and liability exposure.
However, now it places that responsibility squarely upon the shoulders of the employee. The employee now must have the fiscal responsibility to spend the "defined contribution" insurance premium for its intended purpose; to spend it wisely, prudently and not for a down payment on a new car.
The next few years will see a change in health insurance trends here and throughout the country, in fact it has already begun. Those employers in the forefront of this trend will realize the greatest savings by negotiating their employees defined contribution based upon the current insurance premium rates. The contribution paid to the employee could be any increment agreed upon from monthly to annually, it would be tax deductible to the employer but tax free to the employee
In the future, the near future, your Virgin Islands employer may no longer be responsible for your health insurance choices You will be solely responsible as the employee to analyze, evaluate and choose how you and your family will. be covered. It would be wise to choose high quality over low price since health rarely improves with age.

Dec. 28, 2001 — A woman vacationer apparently drowned Thursday while snorkeling off of Hotel on the Cay in Christiansted Harbor.
At 1:38 p.m., crew members aboard St. Croix Ultimate Bluewater Adventures’ dive boat pulled the unidentified woman out the water while heading out for an afternoon dive. SCUBA co-owner Ed Buckley told police that as he was taking the shop’s dive boat through the WAPA ship channel near the Hotel on the Cay, he saw what he thought was a snorkeler. As the boat got closer, however, it was apparent the person in the water was not moving or wearing a mask and snorkel.
Crew members jumped into the water to retrieve the woman, who was clad in a black Lycra skinsuit and dive fins. Efforts to revive the woman began on the boat as Buckley called his wife at SCUBA's downtown shop, who in turn called 911. Buckley turned the boat back and was tied up at the Christiansted Boardwalk within minutes, where resuscitation efforts continued until an ambulance arrived.
A passenger on the dive boat said that the woman’s face was blue when she was pulled from the water and was unresponsive to the rescue efforts.
Hotel on the Cay staff members were on the scene at the boardwalk trying to determine if the victim, a caucasian woman who appeared to be in her late thirties to early fifties, was a guest.

Dec. 28, 2001 – A woman believed to be vacationing on St. Croix apparently drowned Thursday in the water off Hotel on the Cay in Christiansted Harbor.
At 1:38 p.m., the unidentified woman's body was pulled from the water by crew members of the St. Croix Ultimate Bluewater Adventures dive boat, which was heading out for an afternoon dive. Ed Buckley, co-owner of the SCUBA excursion business, told police that as he was taking the boat through the Water and Power Authority ship channel near the hotel, he saw what he thought was a snorkeler. As the boat got closer, however, he said, it was apparent the person in the water was not moving or using a mask and snorkel.
Crew members jumped into the water to retrieve the woman, who was clad in a black Lycra skinsuit and dive fins. Efforts to revive her began on the boat as Buckley called his wife at SCUBA's downtown Christiansted shop, and she in turn called 911. Within minutes, Buckley got the boat back to the Christiansted Boardwalk, where resuscitation efforts continued until an ambulance arrived.
A passenger on the dive boat said that the woman’s face was "blue" when she was pulled from the water and that she was unresponsive to the rescue efforts.
Hotel on the Cay staff members went to the boardwalk in an effort to determine if the victim, a Caucasian who appeared to be in her late 30s to early 50s, was a guest. Whether that was the case was not immediately clear.

Dec. 27, 2001 – One of the problems with dining downtown is finding a restaurant open after 5 p.m. Another is finding an establishment where the focus is more on food, most of it not cooked in a deep-fryer, than on drinks, and where you and your companion(s) can talk without screaming. Others are concerns about security – whether real or perceived — and, of course, parking.
From the late Trader Dan’s, Sparky’s and Arby’s to today’s Tavern on the Waterfront, meeting the challenge of dining on the St. Thomas waterfront after dark has become increasingly difficult.
Tavern on the Waterfront has tried to bring to downtown a quiet, relaxing zone of sophistication with exceptional food and drink. This is obvious by the fact they automatically add a 20 percent gratuity to your bill. The question is whether the management has been able to put together a package worth the tariff.
When we enter, we are seated at a table set for four complete with clean, white tablecloth, flatware, napery, butter dishes and a silk flower. What we see is what we get. From there on out, the bell tolls.
Would you like bread? No problem; it is $2 per person for two slices of French bread with a bit of spread, garlic flavor and sprinkle of chives or something else green. Rather have pita? No problem; $4 a pocket, please.
Ice water is free. Furthermore, it is good, with no aftertaste; the ice is good, too, and the waitress will fill your glass without your doing a song and dance for her attention. You do, however, have to ask for the water to start.
Bar drinks are priced relatively well, considering some of the competition on the island. Beers cost $3 and well drinks are $5.50.
The service is good when only a couple of tables are occupied, but things could get hectic if there were ever a crowd. When my friends and I dined, the single waitress and a gentleman acting as barker, general maintenance man, bartender and waiter served us.
The appetizers are the price of a stateside meal at a medium-priced diner. The least expensive is the house salad – a handful of good greens, a couple olives, half a tomato and dressing.
Some of the entrees come with vegetables; for those that do not, you can order a side dish for the price of another meal.
The entrees I observed looked quite good, and the ones I tasted were well prepared with light sauces. A friend had the Tuna Japanese that really hit the spot with our party and disappeared rapidly. The slice of tuna was seared and sliced over a bed of wild rice. Good soy-based sauce and dab of oriental hot green mush accompanied the tuna. The tempura was very well done, with a relatively dry batter which made it a pleasure to crunch into. The grouper was served in a light wine sauce which made the wild rice well worth eating and even improved the grilled broccoli, summer squash and zucchini.
Since we had all run over our budget, we passed on the dessert. As with several fine establishments on the island, we were offered an after-dinner drink. The brandy was good, but the amaretto was a generic brand that tasted watery.
The total cost? You add it up.
Before-dinner drink $5.50
Bread $2.00
House salad $9.00
Entree $25.00
Required gratuity $8.30
Total $49.80
Which comes to $100 for a couple to have dinner.
The restrooms are well maintained, clean, well stocked, etc. Unfortunately, this is one of those establishments which have replaced paper towels with an electric machine that works sort of — after a while.
The pleasant finale was that when I got to my car at Emancipation Garden, it had not been disturbed. Overall Tavern on the Waterfront offers rather a pleasant evening, as long as you have a large limit on your charge card.
Tavern on the Waterfront
Ambience: 4 stars
Food: 4 stars
Service: 4 stars
Value: 2 stars

Charlotte Amalie waterfront between Drakes Passage and Palm Passage
(340) 776-4328
Lunch 11:30 a.m.-2:30 p.m. Mon.- Sat.
Dinner 6-10 p.m. Mon.- Sat.
Seafood
Amex, MasterCard, Visa
Editor's note: The Tottering Taster is a senior citizen dedicated to enjoying good food who periodically dines in local establishments to bring Source readers unsolicited assessments biased in favor of an ultimate eating-out experience. The individual uses a pseudonym so restaurant personnel will not be able to identify the reviewer and try to influence the review.

Dec. 27, 2001 – In a special session called by Gov. Charles W. Turnbull, the Senate passed legislation Thursday authorizing the government and the Public Finance Authority to issue $92 million in tax-exempt bonds for several public and private capital projects.
The governor called the last-minute session in the midst of the yearend holidays — Christmas, the Crucian Christmas Festival, Boxing Day, Kwanzaa and New Year’s — to meet a Dec. 31 deadline for issuing bonds for capital projects.
Attracting the most attention from the lawmakers was $63 million destined for Hovensa as part of the long-term financing of the solid-waste disposal components of the company's ongoing coker project.
Sen. Alicia "Chucky" Hansen set the tone for further questioning when she asked early on if Hovensa's funding had to be "linked" to the other projects.
The other projects in the $92 million bond issue are:
– $10 million maximum in funding for mortgages through the V.I. Housing Authority for multi- and single-family homes in the Louis E. Brown Development on St. Croix.
– $15 million maximum to fund mortgages for 236 residential rental projects at the Brown Development.
– $4 million maximum in funding through the PFA for sewage facilities for a St. Croix manufacturing facility.
Also on the agenda was the re-submission by Turnbull of legislation to change government department and agency budgets to lump-sum from line-item budgets, a proposal voted down earlier this year by the body, and legislation to authorize the governor to declare a state of economic emergency following any man-made catastrophe which would have a negative effect on the economy.
Senate President Almando "Rocky" Liburd sent the lump-sum proposal to the Finance Committee, where the line-item budget originated to begin with, and the emergency proposal to the Government Operations Committee.
The session then went into Committee of the Whole to take testimony from Amadeo Francis, PFA finance director; Alex Moorhead, Hovensa vice president; George Dudley, Hovensa attorney; Ira R. Mills, Office of Management and Budget director; and Conrad Francois, VIHA executive director.
Francis, who will leave his PFA post on Dec. 31 after being terminated by the governor earlier this month, impressed upon the senators the urgency and economic importance of approving the bond proposal. "This will undoubtably be my last appearance in this chamber," he said. "We need legislative approval, and it must be done by Dec. 31."
Bond availability 'something we use or lose'
Francis added, "This is a new venture for the PFA. It will establish us in the marketplace and make it easier in the future for the Virgin Islands to negotiate." He stressed, "This is not a gift; it is something we use or lose."
Francis explained that federal law allows states and territories to issue private activity bonds that are tax exempt each year. Under questioning by senators, he stated more than once, "Absolutely and positively, there is no cost to the government."
Moorhead and Dudley told the lawmakers that the government will immediately benefit by collecting about $340,000 in bond-issuance fees from Hovensa. Moorhead said, "It is not a novel proposition for tax-exempt bonds to be issued to finance a privately owned facility, as is allowed under a provision of the federal Internal Revenue Code. Approximately $6 billion in tax-exempt bonds were issued this year to finance projects for private companies in the U.S."
In addition to paying the fees, Moorhead said, Hovensa will reimburse the government for legal fees and any other expenses it incurs in issuing the bonds. He stressed the urgency of the authorization before the end of the year. "Unfortunately, $10.6 million of the maximum amount of $63 million in private-activity bonds authorized to be issued … have been carried forward from the government's volume cap … since 1998," he said. As Internal Revenue Service regulations prohibit a cap being carried forward for more than three years, he added, "if the bonds aren't sold by next Monday, the government's ability to do so will be lost."
Moorhead also said the government will realize substantial benefits from providing the tax-exempt financing, in that the sooner Hovensa exhausts the refinery's tax loss carry-forward, the sooner the territory will receive income-tax payments as a result of the improved competitive position the refinery will enjoy upon completion of the coker project.
The refinery has no exemption from income tax, Moorhead noted. He said most refineries with which Hovensa competes for the sale of petroleum products already have a coker which enables them to process less-expensive heavy crude oil and enjoy a lower average cost of crude than Hovensa's.
Subcontractor labor relations are an issue
There appeared to be little question of the advantages of issuing the bonds, but several senators raised the issue of labor relations with the subcontractors used by Hovensa. "The issue here is abusing local employees," Hansen said.
She said she could not vote for the bill because of current labor conditions with Wyatt V.I., a Hovensa subcontractor. Sen. Norman Jn Baptiste also objected to assisting Hovensa with financing the coker project when, he said, some of its subcontractors are violating local labor laws regarding listing positions with the Labor Department, hiring of residents, and racial discrimination. The senators took a lunch break to draft amendments regarding these issues.
Most of the lawmakers, while acknowledging labor issues with Hovensa subcontractors, said Hovensa itself is a good corporate citizen.
Hansen and Jn Baptiste offered amendments which were voted down. Hansen's was several pages long and touched on a myriad of issues severely restricting hiring and other personnel policies for Hovensa and other companies. The document was labeled "legal sufficiency not determined."
Sen. Carlton Dowe said although he supports employees' rights, he couldn't approve a proposal so broad and undefined in nature. He said the amendment needed work, and his colleagues agreed, voting it down along with a less-restrictive one from Jn Baptiste.
The senators passed an amendment by Sen. David Jones giving 10 percent of proceeds of each issue of bonds or notes to the St. Croix Community Development Foundation and related organizations on St. Thomas and St. John. Hansen amended that to include another 10 percent to go to a cancer center on St. Croix.
The session, which some had thought would take only a couple of hours, convened at 10 a.m. and adjourned at 4:30 p.m. It wasn't the first time this year that the governor called a last-minute session, several senators noted. Earlier, Turnbull called sessions to approve government health insurance contracts, to adopt legislation for the territory to get its share of the nationwide tobacco settlement, and to approve projects funded under the federal Community Development Block Grant program.
Questioned by Sen. David Jones about the hastily called session, Mills said it "wasn't the government's intention to hold the senators hostage." He said the legislation was sent to the Senate early in December, and when "we saw you weren't addressing it, we called the Senate president." He added that extensive legal matters with Hovensa had held up the issue.
A farewell to, and from, Francis
Liburd took the opportunity of Francis's appearance to remark upon his impending departure. "You are known throughout the world," Liburd said, "You represent a special kind of stature. I feel a real sense of loss. On behalf of everyone here, I want to thank you."
Francis said he felt he was leaving the PFA in a very good condition with a good reputation in the bond market. He praised Finance Commissioner Bernice Turnbull for her efforts.
"We're catching up," he said.
Francis said he hadn't the "slightest idea" who will succeed him, and he wouldn't comment on Turnbull's decision to terminate his contract. "I'll be available to anyone," he said. "If you need my advice, or if you just want to stop by to say hello."
Attending the session were Sens. Lorraine Berry, Roosevelt David, Adlah "Foncie" Donastorg, Dowe, Alicia Hansen, Emmett Hansen II, Jn Baptiste, Jones, Liburd, Vargrave Richards and Celestino A. White Sr. Sens. Adelbert Bryan, Douglas Canton Jr., Donald "Ducks" Cole and Norma Pickard-Samuel were absent.

Dec. 27, 2001 – In a special session called by Gov. Charles W. Turnbull, the Senate passed legislation Thursday authorizing the government and the Public Finance Authority to issue $92 million in tax-exempt bonds for several public and private capital projects.
The governor called the last-minute session in the midst of the yearend holidays — Christmas, the Crucian Christmas Festival, Boxing Day, Kwanzaa and New Year’s — to meet a Dec. 31 deadline for issuing bonds for capital projects.
Attracting the most attention from the lawmakers was $63 million destined for Hovensa as part of the long-term financing of the solid-waste disposal components of the company's ongoing coker project.
Sen. Alicia "Chucky" Hansen set the tone for further questioning when she asked early on if Hovensa's funding had to be "linked" to the other projects.
The other projects in the $92 million bond issue are:
– $10 million maximum in funding for mortgages through the V.I. Housing Authority for multi- and single-family homes in the Louis E. Brown Development on St. Croix.
– $15 million maximum to fund mortgages for 236 residential rental projects at the Brown Development.
– $4 million maximum in funding through the PFA for sewage facilities for a St. Croix manufacturing facility.
Also on the agenda was the re-submission by Turnbull of legislation to change government department and agency budgets to lump-sum from line-item budgets, a proposal voted down earlier this year by the body, and legislation to authorize the governor to declare a state of economic emergency following any man-made catastrophe which would have a negative effect on the economy.
Senate President Almando "Rocky" Liburd sent the lump-sum proposal to the Finance Committee, where the line-item budget originated to begin with, and the emergency proposal to the Government Operations Committee.
The session then went into Committee of the Whole to take testimony from Amadeo Francis, PFA finance director; Alex Moorhead, Hovensa vice president; George Dudley, Hovensa attorney; Ira R. Mills, Office of Management and Budget director; and Conrad Francois, VIHA executive director.
Francis, who will leave his PFA post on Dec. 31 after being terminated by the governor earlier this month, impressed upon the senators the urgency and economic importance of approving the bond proposal. "This will undoubtably be my last appearance in this chamber," he said. "We need legislative approval, and it must be done by Dec. 31."
Bond availability 'something we use or lose'
Francis added, "This is a new venture for the PFA. It will establish us in the marketplace and make it easier in the future for the Virgin Islands to negotiate." He stressed, "This is not a gift; it is something we use or lose."
Francis explained that federal law allows states and territories to issue private activity bonds that are tax exempt each year. Under questioning by senators, he stated more than once, "Absolutely and positively, there is no cost to the government."
Moorhead and Dudley told the lawmakers that the government will immediately benefit by collecting about $340,000 in bond-issuance fees from Hovensa. Moorhead said, "It is not a novel proposition for tax-exempt bonds to be issued to finance a privately owned facility, as is allowed under a provision of the federal Internal Revenue Code. Approximately $6 billion in tax-exempt bonds were issued this year to finance projects for private companies in the U.S."
In addition to paying the fees, Moorhead said, Hovensa will reimburse the government for legal fees and any other expenses it incurs in issuing the bonds. He stressed the urgency of the authorization before the end of the year. "Unfortunately, $10.6 million of the maximum amount of $63 million in private-activity bonds authorized to be issued … have been carried forward from the government's volume cap … since 1998," he said. As Internal Revenue Service regulations prohibit a cap being carried forward for more than three years, he added, "if the bonds aren't sold by next Monday, the government's ability to do so will be lost."
Moorhead also said the government will realize substantial benefits from providing the tax-exempt financing, in that the sooner Hovensa exhausts the refinery's tax loss carry-forward, the sooner the territory will receive income-tax payments as a result of the improved competitive position the refinery will enjoy upon completion of the coker project.
The refinery has no exemption from income tax, Moorhead noted. He said most refineries with which Hovensa competes for the sale of petroleum products already have a coker which enables them to process less-expensive heavy crude oil and enjoy a lower average cost of crude than Hovensa's.
Subcontractor labor relations are an issue
There appeared to be little question of the advantages of issuing the bonds, but several senators raised the issue of labor relations with the subcontractors used by Hovensa. "The issue here is abusing local employees," Hansen said.
She said she could not vote for the bill because of current labor conditions with Wyatt V.I., a Hovensa subcontractor. Sen. Norman Jn Baptiste also objected to assisting Hovensa with financing the coker project when, he said, some of its subcontractors are violating local labor laws regarding listing positions with the Labor Department, hiring of residents, and racial discrimination. The senators took a lunch break to draft amendments regarding these issues.
Most of the lawmakers, while acknowledging labor issues with Hovensa subcontractors, said Hovensa itself is a good corporate citizen.
Hansen and Jn Baptiste offered amendments which were voted down. Hansen's was several pages long and touched on a myriad of issues severely restricting hiring and other personnel policies for Hovensa and other companies. The document was labeled "legal sufficiency not determined."
Sen. Carlton Dowe said although he supports employees' rights, he couldn't approve a proposal so broad and undefined in nature. He said the amendment needed work, and his colleagues agreed, voting it down along with a less-restrictive one from Jn Baptiste.
The senators passed an amendment by Sen. David Jones giving 10 percent of proceeds of each issue of bonds or notes to the St. Croix Community Development Foundation and related organizations on St. Thomas and St. John. Hansen amended that to include another 10 percent to go to a cancer center on St. Croix.
The session, which some had thought would take only a couple of hours, convened at 10 a.m. and adjourned at 4:30 p.m. It wasn't the first time this year that the governor called a last-minute session, several senators noted. Earlier, Turnbull called sessions to approve government health insurance contracts, to adopt legislation for the territory to get its share of the nationwide tobacco settlement, and to approve projects funded under the federal Community Development Block Grant program.
Questioned by Sen. David Jones about the hastily called session, Mills said it "wasn't the government's intention to hold the senators hostage." He said the legislation was sent to the Senate early in December, and when "we saw you weren't addressing it, we called the Senate president." He added that extensive legal matters with Hovensa had held up the issue.
A farewell to, and from, Francis
Liburd took the opportunity of Francis's appearance to remark upon his impending departure. "You are known throughout the world," Liburd said, "You represent a special kind of stature. I feel a real sense of loss. On behalf of everyone here, I want to thank you."
Francis said he felt he was leaving the PFA in a very good condition with a good reputation in the bond market. He praised Finance Commissioner Bernice Turnbull for her efforts.
"We're catching up," he said.
Francis said he hadn't the "slightest idea" who will succeed him, and he wouldn't comment on Turnbull's decision to terminate his contract. "I'll be available to anyone," he said. "If you need my advice, or if you just want to stop by to say hello."
Attending the session were Sens. Lorraine Berry, Roosevelt David, Adlah "Foncie" Donastorg, Dowe, Alicia Hansen, Emmett Hansen II, Jn Baptiste, Jones, Liburd, Vargrave Richards and Celestino A. White Sr. Sens. Adelbert Bryan, Douglas Canton Jr., Donald "Ducks" Cole and Norma Pickard-Samuel were absent.

Dec. 27, 2001 – Territorial Court Judge Ive Swan said Thursday that he sees serious, fundamental flaws in a lawsuit brought by the Environmental Association of St. Thomas-St. John against the V.I. government and the developers of the proposed Botany Bay resort.
"I see some problems. I see quite a bit of problems," Swan told Gwendolyn Wilds, EAST attorney, during a hearing on the lawsuit Thursday morning. "I've never seen anything like this."
Henry Feuerzeig, the attorney for defendants Botany Bay Partners, went even further; he suggested the court consider sanctions against EAST for filing a lawsuit that he said has no basis in law.
"In my 30-some years in my practice of law, I've never seen this," Feuerzeig said. "This complaint asks for things that are simply way beyond the power of this court."
Swan did not make any ruling Thursday regarding the suit. He said he would recuse himself from the case because the government's motion to dismiss was signed by Kerry Drue, Civil Division chief in the Attorney General's Office. Drue is Swan's stepdaughter.
But after recusing himself to avoid a possible conflict of interest, Swan urged Wilds to consider amending the EAST suit. He said he believes the suit asks the court to take actions that would violate the separation of powers among the three branches of government.
Last week, EAST filed the suit against Botany Bay Partners, the Legislature, the Planning and Natural Resources Department and other government agencies. EAST asked the court to rescind the Legislature's Dec. 11 vote to rezone land at Botany Bay, to enjoin the Legislature from sending the act to Gov. Charles W. Turnbull to sign into law, and to restrain the Legislature from making what EAST called "arbitrary and capricious" changes to the territory's zoning maps in the future.
In the lawsuit, EAST claims the Legislature acted improperly by ignoring DPNR's recommendation to grant a zoning variance to Botany Bay Partners, rather than rezoning.
On Thursday, Swan said the Revised Organic Act and the V.I. Code clearly give the Legislature the power to enact zoning changes and to accept or reject recommendations from DPNR. The Organic Act also states that the Legislature must forward acts to the governor to be signed into law, an action that Swan said no court would ever interfere with.
"It is etched in marble, etched in bedrock, etched in granite, this principle of separation of powers," Swan said. "I can't imagine any judge would order a Legislature to repeal an act."
Wilds said she planned to amend the lawsuit, and attorneys for both sides agreed to a schedule for filing new court papers over the next month. Feuerzeig volunteered to write up the order for the judge to sign setting up the schedule for filing court motions.
It has not been decided which judge will be assigned to hear the case in Swan’s stead.
If the case is thrown out, the defendants could ask the judge to order the plaintiffs to pay their attorneys' fees.