May 21, 2007 — Attempts to resurrect four bills that stalled during the 26th Legislature garnered much support from senators but raised several concerns for testifiers during Monday's meeting of the Government Operations and Consumer Protection Committee.
The bills cover such longstanding issues as recreating the defunct V.I. Taxicab Commission, establishing a central grants agency within the government and setting up a public-franchise ferry route between St. Thomas and Water Island. Another bill, sponsored by Sens. Liston Davis and Usie R. Richards, seeks to streamline the local elections system by enacting reforms that bring the territory into compliance with the Help America Vote Act of 2000.
While several individuals and local organization representatives came forth with concerns on three of the proposals, senators said it was "time to move forward" with the bills and put policies in place to improve various government operations. Consequently, after an almost 12-hour meeting filled with heavy debate and extensive questioning, senators voted to hold in committee the bill calling for public ferry service between St. Thomas and Water Island, and pass all other proposals onto the Rules and Judiciary Committee for further consideration.
Department of Licensing and Consumer Affairs Commissioner Kenrick Robertson was the first to voice concerns Monday over the proposed reestablishment of a local taxicab commission, which was dissolved more than five years ago. Since then, the regulation of the local taxi industry has been the responsibility of DLCA, primarily under the control of an established Taxicab Division.
Echoing statements made over the past few years by other DLCA officials, Robertson explained that the taxi industry has made "great strides" since oversight duties were transferred. The former taxicab commission, he added, was "cumbersome, inefficient and ineffective," constantly struggling to maintain a quorum or find qualified members.
"The taxi industry is too crucial an industry to be governed by a commission that has, in the past, proven to be ineffective," he said.
Robertson additionally requested that members of the new administration be given a "grace period" to address some of the industry's most pressing problems — such as the recent issuance of illegal licenses, the proliferation of local gypsy cabs and the encroachment upon various franchise operations by private tour and hotel operators.
"If those are the problems, let's work on fixing them," he said.
Robertson and Motor Vehicle Bureau Director Jerris Browne said they would particularly devote more attention to the issue of enforcement, making sure operators on the streets are in full compliance with the agencies' rules and regulations.
The men also said they would continue to investigate claims brought forth by Sen. Celestino A. White Sr., who said that former DLCA officials are responsible for issuing illegal taxi-operator licenses in the wake of a recently enacted moratorium.
A freeze on the issuance of taxi licenses has been in place since May 19, 2006, White explained. Yet the department issued several new licenses after the moratorium, some even before a complete application had been filled out, White said, citing several documents obtained from DLCA.
While Browne said that MVB had turned up 18 such cases during a recent investigation, Roberston said he was only aware of one case, which he has brought to White's attention. White said he is giving both individuals until June 15 to complete an investigation into the claims.
Despite Robertson's objections, the bill passed and will soon be taken up by the Rules Committee.
Senators also approved bills establishing a central grants agency within the Office of the Governor and enacting a series of reforms to the elections system.
The committee held the bill calling for the establishment of a public-transportation route between St. Thomas and Water Island, stifled by complaints from citizens who said they have, for almost 20 years, taken advantage of the "reliable and permanent" service already provided between the two islands.
The Water Island Ferry, currently owned by Steven Rampino, has provided "traditional" transportation services for the past 17 years, according to testimony read into the record by a representative from the Water Island Civic Association.
Water Island residents testifying during Monday's meeting explained that the Water Island ferry has set schedules that run every day from 6 a.m. to 9:30 p.m., and can provide customized service — individual runs at special times of the day — for a nominal fee.
"Transportation to and from Water Island has been accessible to all for the past two decades," said Barbara Archibald, president of the Water Island Civic Association. "Since 1990, the Water Island ferry has been a steady lifeline …. It always runs, it always runs on time, even when there's only one passenger, even when there are no passengers, since there may be someone waiting on the other side."
Residents don't need a public-franchise service, she said.
"We like what we have," Archibald said. "So we ask you, respectfully, not to fix something that is working fine."
Archibald's argument hit a rock with attorney Claudette Ferron, representing Varlack Ventures and Transportation Services of St. John — two companies with an exclusive ferry franchise to operate between St. Thomas and St. John.
Since Water Island is considered a part of St. Thomas, her clients, by law, have already acquired the right to operate a public franchise between the two islands, Ferron argued.
"The existing boats providing ferry service are private enterprises — they do not take into consideration the vast population of St. Thomas that wish to go to Water Island," she said. "They cater to mostly Water Island residents. This bill seeks to set up a publicly regulated transport system, and the law already provides for such service."
In an effort to quickly resolve the situation without passing the bill, Ferron suggested that the Public Services Commission issue a transportation schedule, rate and tariff so service between the two islands could begin immediately.
Ferron's argument did not hold water for the Legislature's chief legal counsel, attorney Yvonne Tharpes, who explained that the franchise agreement granted to the Varlack Ventures and Transportation Services should be read in "plain language," meaning that the law currently provides for a specific route between St. Thomas and St. John — not including Water Island.
With the issue still up in the air, senators voted to hold the bill in committee until further notice.
Present during Monday's meeting were Sens. Liston Davis, Carlton "Ital" Dowe, Juan Figueroa-Serville, Shawn Michael-Malone, Terrence "Positive" Nelson and Basil Ottley Jr.
Sen. Alvin L. Williams was absent.
Also present on Monday was non-committee member Sen. Louis P. Hill.
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