Senate
Distinguished Ex-Senator Clement Magras Designated for PSC Role, Eyes Significant Reforms

Contrasting with the previous nominee, the Committee on Rules and Judiciary recognized former senator Clement “Caine” Magras as “adequately suited” for the role of Public Services Commissioner. Boasting a rich background in public service, including previous stints as the Commissioner of Licensing and Consumer Affairs and assistant to the director of VITEMA, Mr. Magras acknowledged the challenge in stepping out of retirement to embrace the PSC appointment. Nevertheless, he views this nomination as an “obligation to serve my community amid the ongoing fiscal challenges in our region.”
Mr. Magras is optimistic about his capabilities to contribute effectively to the PSC, attributing this to his comprehensive administrative experience garnered during his tenure as a senator. This experience, he notes, has endowed him with a robust understanding of the laws and the utilities overseen by the PSC. Furthermore, his past role as the commissioner of the Department of Licensing and Consumer Affairs equipped him with the expertise in regulating and enforcing consumer laws and regulations, alongside serving as the administrative law judge within that department.
Ahead of his confirmation, Mr. Magras has been diligent in acquainting himself with critical issues presently on the PSC’s table, including a thorough review of WAPA’s 2021 audit report. He emphasized the importance for all PSC commissioners to grasp the gross mismanagement highlighted in the report concerning the Vitol contracting process, especially given that the alleged financial wastages could only be recovered through the rates sanctioned by the PSC. Upon his commission, Mr. Magras is resolute in probing “whether WAPA has allocated any funds garnered through the levelized energy adjustment clause, or LEAC, exclusively for fuel purposes.”
He voiced concerns that “PSC members are being nudged to incrementally hike rates for VI consumers to cover WAPA’s financial inefficiencies camouflaged as escalated operational and fuel expenses.”
Although lauding the Waste Management Authority as an “efficient entity,” Mr. Magras acknowledged the need for some corrective measures. He pointed out the over $15 million in unsettled bills – predominantly to local vendors – with a notable outstanding amount of $896,070.31 owed to the Public Services Commission from 2021 to date, alongside a recent assessment of $454,380.51 for the upcoming fiscal year.
He expressed apprehension about the exclusion of these repayments in WMA’s 2023-2024 financial blueprint and questioned “whether the continuing reluctance to settle PSC assessments as mandated by law” will persist. Mr. Magras urged the Legislature to earmark WMA’s remittances to the Public Services Commission in their ensuing budget.
Senator Diane Capehart, apparently signaling a positive nod for the nominee even before the voting, instructed Mr. Magras to examine the discoloration and heavy metal infiltration in the drinking water on St Croix. “It’s unjust to be billed for a service that’s not usable,” she expressed. Mr. Magras concurred, suggesting that “the PSC should have initiated their water examination as part of their mandate to ascertain service quality.”
As the hearing concluded, committee members were unanimously convinced of his expertise and dedication, and voted affirmatively to advance Mr. Magras’s nomination for broader deliberation. Senator Milton Potter encapsulated the collective endorsement, stating, “Your qualifications ideally position you for this role, and you will be a strategic asset to the PSC.”
Senate
Extensive Efforts and Over $1 Million Expenditure in Bovoni Landfill Fire Mitigation Detailed to Lawmakers

In a detailed briefing on Wednesday, lawmakers were informed about the extensive multi-agency response to the prolonged Bovoni Landfill fire that occurred in September. Daryl Jaschen, the V.I. Territorial Management Agency Director, represented various government bodies in his testimony.
Jaschen highlighted the unified command’s rigorous efforts, which met bi-daily until October 4, utilizing over 1.85 million gallons of water amidst challenging dry conditions at the landfill. He emphasized the crucial support from Puerto Rico’s National Guard, facilitated by an Emergency Management Assistance Compact, for which $74,000 will be reimbursed. This amount is additional to the over $1 million expended locally on the response.
Furthermore, Jaschen shed light on the qualitative data collection during the firefighting operations, aimed at providing vital information on health conditions, safety, clean water access, and evacuation procedures. This data was pivotal for the V.I. Department of Health’s educational campaigns on health risks from smoke and pollutants. Plans for a townhall meeting by VIFEMS, VITEMA, and the Department of Health were disclosed, focusing on using this data to identify community priorities and solutions.
Preventative measures were also discussed. Since October 1, approximately 22,500 cubic yards of green waste have been relocated within the landfill. An ongoing effort involves covering this area with over 30,000 cubic yards of material to avert future fires. The landfill has resumed normal operations, albeit with a temporary suspension in accepting green waste.
The Waste Management Authority plans to utilize a recent $6 million grant for developing territory-wide standard operating procedures for waste management. Jaschen also paid homage to the late Daryl George, former VIFEMS director, for his significant role in the emergency response and coordination efforts.
The committee, chaired by Senator Ray Fonseca, delved into the operational challenges faced, such as the distance of the nearest fire hydrant from the landfill. St. John Deputy Fire Chief Magabe Calixte mentioned ongoing discussions with multiple stakeholders to improve firefighting infrastructure. There were also mentions of alternative water sources for firefighting, ensuring safety from contamination.
Concerns were raised by VIFEMS about outstanding payments to local water haulers, despite legislative support for their compensation. This prompted critical remarks from Senators Milton Potter and Donna Frett-Gregory, with Frett-Gregory particularly questioning the Waste Management Authority’s absence and lack of a clear strategy for green waste management.
Sen. Fonseca urged VIFEMS to formulate a comprehensive plan for the committee’s review and funding, highlighting the urgency of addressing these challenges independently of the already burdened WAPA.
Senate
Uncertainty in Budget Preparedness and Vendor Payment Issues Addressed by Finance Commissioner Nominee

Kevin McCurdy, the nominee for Commissioner of the Department of Finance, expressed uncertainty about the readiness of Fiscal Year 2024 budgets for various government departments and agencies during his confirmation hearing before the Senate Committee on Rules and Judiciary.
When Senator Donna Frett-Gregory questioned the status of Fiscal Year 2024 budgets, asking if they were “loaded and available for the departments and agencies to expend, obligate etc.,” Mr. McCurdy initially referred the question to the Office of Management and Budget. However, he later admitted, “I can’t say that with 100 percent certainty. I just don’t want to lie to you and say yes.” Senator Frett-Gregory, not satisfied with his response, emphasized the importance of this knowledge.
The hearing also delved into the Department of Finance’s ongoing challenges, especially concerning vendor payments and cash flow management. Mr. McCurdy, in a conversation with Senator Angel Bolques Jr., acknowledged the critical need to address the delays in vendor payments, saying, “It’s not lost on me…we need to find a way to better manage our cash and reduce that long lag time in getting vendor payments out.”
A significant issue identified by Mr. McCurdy was the mismatch between seasonal collections and consistent bill obligations. This challenge was highlighted in response to Senator Kenneth Gittens’s concerns about reports of undelivered checks to vendors. Mr. McCurdy suggested that these delays could be connected to the procedures for federal funds disbursement.
When Senator Carla Joseph asked about specific strategies for resolving the longstanding issue of delayed vendor payments, Mr. McCurdy mentioned ongoing discussions with banking partners to balance cash inflows and outflows, though no final solution had been confirmed.
Mr. McCurdy emphasized the need for greater adherence to policies and procedures within the Department of Finance, noting the community’s tendency to sometimes overlook established protocols.
The urgency of these budgetary and financial management issues was underscored by recent events, including layoffs at the V.I. Dept. of Tourism, attributed to the unavailability of its fiscal year 2024 budget. This situation is not isolated to the D.O.T., as several departments and agencies are reportedly still awaiting their 2024 budget allocations, three months into the new fiscal year, based on information from government officials.
Senate
Court Rejects Legislative Inquiry into Judge’s Term, Sanctions Threatened for Frivolous Motions

Presiding Judge Renée Gumbs Carty, in a concise ruling, dismissed a motion from defendants in the lawsuit brought by former Senator Steven Payne against the 34th Legislature and its President, Senator Donna Frett-Gregory. The motion, filed on November 22, raised questions about a gap in Judge Gumbs Carty’s appointment—from the end of her official term on November 30, 2022, until her May 15, 2023, appointment as Senior Sitting Judge of the Superior Court.
The defense’s motion sought clarity on the judge’s authority to preside during this interim period. Additionally, a second motion requested a temporary pause in court proceedings for 10 days following the judge’s response.
Judge Gumbs Carty firmly rejected both motions on Thursday. She criticized the defense’s legal strategy, labeling the motions as frivolous and an attempt to undermine the Rules of Civil Procedure by causing unnecessary delays and distractions. The judge sternly warned that any further such motions could lead to a “show cause” hearing, where the attorneys would need to justify their actions to avoid sanctions.
With these motions set aside, the focus shifts back to the upcoming bench trial, scheduled for March 14, 2024. The trial’s timeline remains fixed, barring any new developments or filings that might prompt a reassessment.
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