DEPARTMENT OF PLANNING & NATURAL RESOURCES FY 2022-2023 BUDGET PRESENTATION
JEAN-PIERRE L. ORIOL COMMISSIONER
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TABLE OF CONTENTS
Page
Introduction …………………..……....…………………………………………………….. 3
Departmental Budget Overview ….….…………………………………..……………… 4
Budget Breakdown by Division / FY 2022 –2023 Initiatives ……….…………... 9
Conclusion ...... ….………..………………………………..… 21
Appendix: FY 2021 Accomplishments ……………………………………………..… 22
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INTRODUCTION
Good morning Honorable Kurt Vialet, Chairman of the 34th Legislature’s Committee on Finance, members of the Committee, other members of the 34th Legislature present, legislative staff, and to the public listening and viewing over various forms of media. I am Jean-Pierre L. Oriol, Commissioner of the Department of Planning and Natural Resources (“DPNR” or “Department”); I have present with me members of my Senior Management Team, Assistant Commissioner Keith Richards, Ms. Dianne O’Garro, Director of Business Administrative Services, and Ms. Celia Jackson-Williams, Personnel Relations Coordinator; appearing virtually are DPNR Deputy Commissioner Athneil “Bobby” Thomas, Executive Director of the Virgin Islands Council on the Arts, Ms. Tasida Kelch, and Mr. David M. Knight, Chair of the Virgin Islands Historic Preservation Commission. I am before you today to present testimony in support of the Department’s recommended fiscal year 2022 and 2023 budget.
DPNR was established by Title 3 V.I.C. § 400(a) to administer and enforce all laws pertaining to: fish and wildlife; trees and vegetation; water resources, including the protection of safe drinking water; air and water pollution; flood control; preservation of mineral and other natural resources; preservation of the archaeological, architectural, cultural and historical heritage of the United States Virgin Islands, including public museums; pesticide control; coastal lands and off-shore islands and cays; mooring and anchoring of vessels within the territorial waters; earth change permits; and zoning. The enforcement powers of the department are codified under Title 12 V.I.C., as well as Title 29 V.I.C.
The Department is comprised of the following Divisions: 1) Business and Administrative Services (DBAS); 2) Comprehensive and Coastal Zone Planning (CCZP); 3) Coastal Zone Management (CZM); 4) Environmental Enforcement (DEE); 5) Environmental Protection (DEP); 6) the Executive Office; 7) Fish and Wildlife; 8) Libraries, Archives and Museums (DLAM); 9) Permits; 10) the State Historic Preservation Office (SHPO); and 11) the Virgin Council on the Arts. Immediately below, detail on the overall budget for the Department is provided; followed by the breakdown of the budget by Division.
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DEPARTMENTAL BUDGET OVERVIEW
The Department has a total FY’22 recommended budget of $27,931,170, which is comprised of a General Fund anticipated appropriation of $10,427,414 (37.33%), contributions from Non-Appropriated Local Funds of $4,897,315 (17.53%), and federal assistance from grantor agencies of $12,606,441 (45.13%). We are also estimating a total FY ‘23 recommended budget of $27,955,394 which is comprised of a General Fund estimated appropriation of $10,506,679 (37.58%), contributions from Non-Appropriated Local Funds of $4,934,050 (17.65%), and federal assistance awards in the amount of $12,514,655 (44.77%).
General Fund Request
The FY’22 General Fund anticipated appropriation of $10,427,414 for the Department’s operations is a 28% increase, or $2,924,134, over the FY’21 appropriation of $7,503,280. The FY 2022 request includes $7,996,510 for Personnel and Fringe Benefits; $176,041 for Supplies; and $1,860,863 for Other Services and Charges. The Department notes that the ~ $10.4M appropriation includes obligatory match for several federal awards, mandatory obligations such as the Tutu Wells Mitigation site. Details with respect to each category are reflected in the table below, followed by a more detailed breakdown of Other Services.
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FY’21 Appropriation Requested FY’22 Requested FY ‘23 Personnel $ 3,430,233 $5,241,193 $5,241,193 Fringe Benefits $ 1,695,400 $2,755,317 $2,755,317 Sub-total $5,125,633 $ 7,996,510 $ 7,996,510 Supplies $ 145,541 $ 176,041 $181,306 Other Services & Charges $2,232,106 $ 1,860,863 $1,935,863 Utilities $ 0 $ 394,000 $394,000 Sub-total $2,377,647 $ 2,430,904 $ 2,511,169 Totals $7,503,280 $10,427,414 $10,506,679
Other Services & Charges FY ‘22 Allocation FY ‘23 Allocation Debris Removal $ 2,620 $ 2,620 Professional Services $ 10,440 $ 10,440 Tutu Wells Litigation Site $ 374,000 $ 374,000 Communications $ 128,500 $ 128,500 Travel $ 17,500 $ 17,500 Transportation – Not Travel $ 5,000 $ 5,000 Automotive Repair and Maintenance $ 23,000 $ 23,000 Repairs & Maintenance $ 57,500 $ 57,500 Rental of Land & Building $ 878,947 $ 878,947 Rental Machines/Equipment $ 5,356 $ 5,356 Security Services $ 50,000 $ 50,000 Bookmobile Insurance $ 21,000 $ 21,000 Other Services $ 287,000 $ 362,000 Total Other Services: $1,860,863 $1,935,863
General Fund Allocation by Division
Of the 11 divisions within the Department, nine rely on the General Fund appropriation, with the remaining two divisions (CZM and DFW) funded entirely by federal grants and/or other non- appropriated local funds. The following table indicates the recommended allocation of the General Fund for these divisions for the upcoming fiscal year.
Allocation of General Fund by Divisions
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Divisions Allocation Percentage Executive Office $ 926,847 8.89% Business and Administrative Services $ 1,547,759 14.84% Environmental Enforcement $ 124,267 1.19% Permits $1,235,926 11.85% Libraries, Archives & Museums $2,953,816 28.33% State Historic Preservation Office * $ 356,764 3.42% Environmental Protection $2,870,190 27.53% Virgin Islands Council on the Arts $ 411,844 3.95% Allocation by Divisions $10,427,414 *Includes appropriation for the Historic Preservation Commission
Federal Funds
Most of the Department’s funding comes from federal awards. For FY 2022, federal grant funds will contribute $12,606,441 or 45.13% of the overall budget, to the Department’s operations. Allocated across all categories, the estimated amounts are: Personnel Services at $8,291,552 which covers salaries and fringe benefits for 46.04 Exempt and 68.62 Classified positions (114.66 total); Supplies at $332,227; Other Services and Charges at $3,781,034; Utilities at $11,500, Indirect at $139,902 and Capital Outlay at $50,226. Below is a breakdown of federal funds by Division.
Divisions Allocation Percentage Coastal Zone Management $ 2,030,678 16.11% Fish and Wildlife $ 3,724,326 29.54% Environmental Enforcement $ 750,785 5.96% Libraries, Archives & Museums $ 135,500 1.08% State Historic Preservation $ 441,332 3.50% Environmental Protection $ 4,799,777 38.07% Permits $ 724,043 5.74% Allocation by Divisions $ 12,606,441
Non-Appropriated Local Funds
The FY 2022 recommendation from Non-Appropriated (Special) funds is $4,897,315 or about 17.53% of the Department’s total request. These funds, derived from fees, fines, and rentals of submerged and filled submerged lands provide support to the Executive Office, DEE, Permits, CCZP, CZM, DLAM, and DEP. Fees collected are deposited into the following funds: General, Coastal Protection, Legal Publication, Library Revolving, Fish and Game, Underground Storage Tank, Natural Resource Reclamation, Air Pollution
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Control, the Archaeological Fund and the VIHPC Repair and Restoration Revolving Loan. Collections thus far in 2021 are in the amount of ($3,883,748); totals in FY 2020 were $6,150,188.
Breaking down the Special Funds by category, the estimated amounts are: $2,890,316 for Personnel Services, which funds 32.43 positions within the Department; $325,059 for Supplies; $1,472,940 for Other Services and Charges, $74,000 for Utilities and $135,000 for Capital Outlay. The table below provides the Allocation of Special funds by Division.
Allocation of Non-Appropriated Local Funds by Divisions
Divisions Allocation Percentage Executive Office $ 2,033,763 41.53% Environmental Enforcement $ 768,500 15.69% Comprehensive and Costal Zone Planning $ 502,200 10.26% Coastal Zone Management $ 1,034,525 21.12% Environmental Protection $ 385,326 7.87% Permits $ 173,000 3.53% Allocation by Divisions $4,897,315
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BUDGET BY DIVISION
The following portion of the presentation provides an overview of each of the roles and responsibilities of the 11 divisions, and for your review, the estimated FY 2022 budget for each division. Here I will focus my discussion on the major initiatives that each division will embark upon for FY 2022-2023.
BUSINESS AND ADMINISTRATIVE SERVICES The Division of Business and Administrative Service (DBAS) is responsible for all fiscal matters pertaining to budgeting, personnel, payroll, revenue collection, and other fiscal matters involving general, federal and other special funds. Below is the breakdown of the estimated FY 2022 budget for the division.
Division: DBAS # of Personnel Existing: 17.50 Vacant: 4
General Fund Federal Special Fund Fund Personnel $948,947 Fringe $514,963 Supplies $21,500 Debris Removal $560 Rep & Maintenance $5,000 Auto Rep & Maintenance $1,000 Rental of Land/Bldg. $9,933 Rental Mach/Equip $2,856 Communications $15,000 Travel $2,000 Electricity $20,000 Water $6,000 Totals $1,547,759
FY 2022-2023 Initiatives
To assist with the facilitation of recovery projects, DBAS will bring on board additional members to their financial team to ensure compliance with the disaster recovery awards. Many awards have the requirement that the transaction processes are kept separate from day-to-day awards, or other transactions. These additional staff will also assist with preparing for the audits that will eventually take place after the completion of the award period.
COMPREHENSIVE AND COASTAL ZONE PLANNING
Comprehensive and Coastal Zone Planning (CCZP) formulates long-range plans and policies, including the development of a comprehensive plan to properly guide and manage the physical,
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economic, and social growth and development trends in the territory. The Division is also responsible for administering DPNR’s zoning map amendment, subdivision, planned area development and group dwelling processes, and reviewing their effectiveness and appropriateness. It serves as a resource center for government agencies and the public and coordinates territorial planning activities and capital projects between the public and private sector. Below is the breakdown of the estimated FY 2022 budget by category.
Division: CCZP # of Personnel Existing: 4 Vacant: 1
General Fund Federal Fund Special Fund Personnel $216,220 Fringe $ 91,854 Supplies $ 51,000 Prof Services $ 18,000 Training $ 14,000 Communications $ 126 Adv & Promotion $ 15,000 Transp Not Travel $ 13,000 Travel $ 23,000 Other Services $ 50,000 Utilities $ 10,000 Totals $502,200
FY 2022-2023 Initiatives CCZP will be working through its selected contractor on the Comprehensive Land and Use Plan for the territory. An RFP was released in May soliciting professional services for the writing of the plan. The RFP closed in June, and the bid review process is set to take place on June 30, 2021. We anticipate that contracting will be completed between August and September 2021, and we will commence the project in October 2021. In furtherance of Act No. 8427, CCZP will conduct a study to inform the number of gas stations throughout the Territory. CCZP previously conducted a public perception study on gas stations throughout the Territory, and the results were a negative perception by the public on gas stations. CCZP also georeferenced all gas stations in the Territory so that locations, existing and proposed, could be identified, in order to better inform development considerations.
COASTAL ZONE MANAGEMENT The Division of Coastal Zone Management (CZM), serves to protect, maintain, preserve, enhance and restore the quality of the environment, while promoting the economic development and growth in the coastal zone. CZM also permits and regulates all development within the first tier of the coastal zone; develops, manages and promotes the St. Croix East End Marine Park; oversees the negotiation and implementation of submerged and filled land leases; and assists in the protection of marine environments, particularly coral reefs, via implementation of erosion and sedimentation control regulations and programs and non-point source pollution control policies and programs.
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CZM anticipates receiving awards of $1,067,000 and $403,000 respectively from NOAA’s Office for Coastal Management for the implementation of the VI Coastal Zone Management Program and the VI Coral Reef Initiative. Along with the non-federal match generated by the collection of fees and penalties, these funds support 23 positions for the implementation of the tasks outlined in the cooperative agreements. Below is the breakdown of funds for the FY 2022.
Division: CZM # of Personnel Existing: 23.60 Vacant: 7
General Fund Federal Fund Special Fund Personnel $672,434 $561,063 Fringe $339,842 $285,757 Supplies $ 28,154 $ 55,000 Repairs & Maintenance $ 3,000 $ 10,000 Auto Rep & Maintenance $ 2,500 $ 5,000 Rental/Land & Building $ 40,000 Professions Services $303,008 $ 35,000 Security Services $ 1,000 Training $ 2,500 Communications $ 10,000 $ 10,000 Printing & Binding $ 3,000 Ad & Promotion $ 25,000 $ 10,000 Transp. Not Travel $ 2,000 $ 2,705 Travel $ 3,500 $ 10,000 Travel - Cash Advance $ 5,000 $ 5,000 Bulk Ticket Purchase $ 5,000 Sub-Grants $378,343 Other Services $215,766 Indirect Cost $ 35,631 Totals $2,030,678 $1,034,525
FY 2022-2023 Initiatives
With an increased interest in the marine economy of the USVI, there is an increasing need for site specific water use plans. As such, and in accordance with the provisions of 25 VIRR § 404 (g), CZM will focus on the development of site-specific marine use plans for (Magens Bay and Brewers Bay). This also integrates well into the Coastal Land and Water Use Plan mentioned above.
In FY ‘20 in collaboration with the University of the Virgin Islands, CZM initiated the Coastal Hazard Vulnerability Index (CVI) project, which is a map of the vulnerability of the Territory to various natural hazards, to be used in permitting and planning processes. Following the completion of the project later this calendar year, CZM will utilize the data acquired from the (CVI) to develop site- specific setback limits determined by the vulnerability index of these locations. Over the next fiscal year CZM will develop plans for the enhancement of prioritized public access sites. By identifying enhancement priorities such as parking areas, or stormwater management
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needs, CZM would then be eligible for additional funding for the implementation of these enhancements. In FY 2022-2023, CZM will be launching a pilot study to determine what types of green/gray infrastructure can assist with our shoreline protection. Traditional shoreline protection is no longer a viable alternative for the territory and the pilot project will assist with providing guidance to landowners on best practices to protect their property.
ENVIRONMENTAL ENFORCEMENT
The Division of Environmental Enforcement (DEE) serves as the law enforcement arm of the Department. Its primary functions are to enforce all boating safety and permitting laws of the United States Virgin Islands and to protect, conserve and preserve the natural resources of the Territory. Its secondary functions are to support the philosophy of “zero tolerance” to illegal drugs by assisting when called upon by federal and local enforcement agencies, and enforcement of Homeland Security duties through land and marine patrols focused at preventing terrorist attacks. The Division has 16 staff across the territory, of which only six (6) are active enforcement officers. Below is the breakdown of funds for FY 2022.
Division: DEE # of Personnel Existing: 16 Vacant: 2
General Fund Federal Fund Special Fund Personnel $ 76,000 $423,473 $329,819 Fringe $ 48,267 $201,842 $145,681 Supplies $ 0 $ 21,000 $ 90,500 Repair & Maintenance $ 0 $ 2,000 $ 25,000 Auto Rep & Maintenance $ 5,000 $ 20,000 Rental-Land/Building Professional Services $ 9,000 Training $ 7,000 Communication $ 25,000 Printing & Binding $ 23,000 $ 5,000 Ad & Promotion $ 2,000 $ 5,000 Transp - Not Travel $ 5,000 Travel $ 10,000 Travel - Cash Advance $ 7,500 Purchase Bulk Airline $ 5,000 Other Services $ 5,000 Utilities $ 44,000 Indirect $ 72,470 $ 0 Mach Equip & Misc $ 30,000 Totals $124,267 $750,785 $768,500
FY 2022-2023 Initiatives
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The Division of Environmental Enforcement continues to execute the National Boating Safety Program of the Federal Boating Safety Act of 1971 as reflected in Title 25, Chapter 15 of the Virgin Islands code through the following initiatives for the FY2022. We are moving forward to enhance our outreach program with the ability to provide an onsite mobile outreach lab that will allow the Division to introduce the Boating Safety program to schools, the boating community at boat ramps and major events where outreach is promoted. We are looking to obtain a Boating Skills Virtual Trainer offering a realistic and sophisticated water physics boating experience simulator which will allow us to bring the boating experience to the general community.
DEE will launch electronic registration for mooring and anchoring in the upcoming fiscal year. Similar to the BMV, vessel owners will be able to complete the process of registration online and their registration cards will be mailed to them. In order to service the visiting vessels, the selected vendor will also be developing an app that will allow for submission of applications for anchoring while in the Territory. The vendor has been selected and we are moving through the procurement process and will have the services underway beginning in FY 2022.
DEE is poised to unveil its rapid response vessels in the latter part FY 2021/early part of FY 2022. In partnership with the Law Enforcement Planning Commission, DEE was able to secure external funding to purchase much needed vehicles, particularly four wave runners that the officers will be able to use for nearshore patrols. These vessels can be transported across the island by land, reducing response time of an officer considerable. We will also be placing the vessels strategically in anticipation of active holidays where an influx of vessels is anticipated. We thank LEPC for their cooperation and championing of this idea for funding to their grantor agency.
ENVIRONMENTAL PROTECTION
The goal of the Division of Environmental Protection (DEP) is to protect and conserve the territories’ natural resources and to ensure that residents are protected from hazards and environmental risks. DEP staff is focused on strategic measures to protect human health and our environment. The division’s core goals are to provide residents with clean air, clean water, conversation of land, and safety from harmful chemicals. The enclosed budget request will enable the division to support our main priorities and achieve our most important goals for the territory.
Division: DEP # of Personnel Existing: 55.40 Vacant: 25
General Fund Federal Fund Special Fund Personnel $1,290,037 $1,822,792 $225,432 Fringe $ 616,612 $ 901,245 $114,187 Supplies $ 20,541 $ 70,213 $ 38,914 Rep & Maintenance $ 5,000 $ 5,811 Auto Rep & Maintenance $ 10,000 $ 5,457 $ 50 Rental of Land/Bldg. $ 495,000 $ 54,880 $ 100 Professional Services $ 374,000 $ 426,605
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Training $ 11,471 Communication $ 15,000 $ 24,950 Ad & Promotion $ 6,709 $ 479 Printing & Binding $ 271 Transp - Not Travel $ 2,000 $ 397 $ 30 Travel $ 2,000 $ 37,121 $ 8,339 Bulk Tickets $ 1,190 Sub-Grants $ 699,566 Other Services $ 697,717 Utilities $ 40,000 Indirect Cost $ 28,423 Machinery & Equip $ 6,420 Totals $2,870,190 $4,799,777 $388,992
FY 2022-2023 Initiatives
A top priority for the division is to fill ALL vacant positions currently open. This will be accomplished through aggressive recruiting, locally and nationally, to attract the right candidates for the listed positions. Filling those gaps with allow for the expedited processing of applications, permits and completion of inspections.
A second priority, in collaboration with the University of the Virgin Islands, is the establishment of an air monitoring system across the Territory. The Department has started the process of procuring stationary air monitors to independently monitor areas of concern and within communities of interest. With the collaboration of UVI using different modeling techniques, the stationary models will be placed where the data can most effectively be collected. These monitors and training will come from a combination of local and federal funds intended to provide the department with the capability to provide real-time response to and emerging or active air release threat.
Equally important is the preparing the territory for the development and establishment the Territory’s first municipal solid waste landfill program for landfills in the St. Croix and St. Thomas/St. John Districts. This includes the promulgation of regulations and establishment of regulatory oversight of those landfills. DEP will be using a $10M Supplemental disaster recovery grant funding from the Environmental Protection Agency (EPA) to facilitate this process. $4M will remain with DPNR for development of the program, regulations, and administrative oversight, and $6M will be subgranted to the VI Waste Management Agency (VIWMA) to develop and execute the plans and operations of the landfill.
EXECUTIVE OFFICE The Executive Office coordinates the operations of DPNR. The Commissioner, Assistant Commissioner, Deputy Commissioner, Media Relations and the office of Human Resources all fall under the Executive Office. Below is a breakdown of the requested budget for Fiscal Year 2021
Division: Exec. Off # of Personnel Existing: 9 Vacant: 3
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General Fund Federal Fund Special Fund Personnel $460,738 $615,991 Fringe $198,600 $307,977 Supplies $ 6,000 $ 75,000 Debris Removal $ 560 Rep & Maintenance $ 1,000 $10,000 Auto Rep & Maintenance $5,000 Rental of Land/Bldg. $215,509 $25,000 Rental/Mach & Equip $90,000 Prof. Services $ 10,440 $552,295 Communication $ 12,000 $25,000 Ad & Promotion $10,000 Printing & Binding $2,5 Transp – Not Travel $5,000 Travel $ 5,000 $20,000 Bulk Ticket Purchase $10,000 Other Services $200,000 Utilities $ 17,000 $20,000 $50,000 Totals $926,847 $2,033,763
FY 2022-2023 Initiatives
DPNR continues to push forward with its plans of developing its own permanent office space in the St. Thomas district. Working with our architect we have completed the spatial programming for the offices; in addition, the demolition package has been completed and we are awaiting the completion of the engineer’s estimate to go to bid for the demolition. We anticipate that the contract can be awarded by September with the demolition beginning in the early part of FY 2022.
The Department has received obligation for 24 of its 25 Project Worksheets (PWs) from FEMA with the last obligation likely to take place by the time of this hearing. Several projects are in the bidding phase, while others are still in the design phase. Deputy Commissioner Athneil “Bobby” Thomas is overseeing the recovery projects, working with the architects and contractors in the various stages of these projects. A listing of all PWs is provided as an attachment to this testimony.
In a new initiative, this year’s budget requests $250,000 to develop a new position within DPNR to begin the long-awaited development of the Virgin Islands Territorial Park System, concurrent with amendments to the existing statute to be sent by Governor Bryan to change the System management to the Department of Planning and Natural Resources from the Department of Sports, Parks, and Recreation. We intend to rebrand and promote existing natural, cultural, and historical Virgin Islands assets which will be adopted into the Parks System, following a similar path to the Park Management Authority Plan provided to us by Arthur Fairchild in 1943.
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The over-arching goal is to embrace existing Virgin Islands assets, such as our Naturally Protected Areas, DSPR Recreational Areas, the East End Marine Park, our historic Forts in both districts, Prince Frederik Battery on Hassel Island, and Whim Museum, to name a few, and not to seek new assets.
This initiative coincides with our efforts to develop a comprehensive land and water use plan – by FIRST identifying the key areas that we wish to preserve due to their contribution to primary productivity, or which areas are best suited as natural parks, we give a higher priority to the landscape and design the buildout of our islands around those features.
Additionally, through initiatives such as the Caribbean Challenge Initiative (CCI), the Government of the Virgin Islands has committed to a goal of protecting at least 20 percent of its nearshore marine environment, and has in fact surpassed this goal by reaching 31 percent protected area coverage.
We intend to work closely with our private sector partners who currently oversee many of our public park and protected areas to execute a long-range, comprehensive conservation plan and use program for the entire territory.
FISH AND WILDLIFE
The Division of Fish and Wildlife (DFW) monitors, assesses, and implements conservation programs and public awareness activities to enhance fish and wildlife resources in the Territory. DFW provides natural resource conservation services to the Territory using federal funds. The projects are formulated based on long-term plans for safeguarding wildlife and marine resources. These grants can be those apportioned to all US jurisdictions and thus annually available through Congress or won through competitive awards so written, planned, and executed by the staff biologists and environmental specialists.
Division: DFW # of Personnel Existing: 31.37 Vacant: 11
General Fund Federal Fund Special Fund Personnel $1,839,362 Fringe $ 925,187 Supplies $ 192,360 Repair & Maintenance $ 124,500 Auto Rep & Maintenance $ 18,838 Rental of Land/Bldg. $ 54,985 Rental of Mach/Equip $ 9,000 Prof Services $ 389,295 Training $ 3,500 Communications $ 16,839 Ad & Promotion $ 21,059 Printing & Binding $ 5,000 Transp - Not Travel $ 15,500 Travel $ 29,550 Bulk Airline Tickets $ 20,500
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Other Services $ 167 Indirect Cost $ 3,378 Utilities $ 11,500 Capital Outlay $ 43,806 Totals $3,724,326
FY 2022-2023 Initiatives
A new Plant Restoration Working Group to further our understanding of our rich cultural and material heritage was initiated and will expand in FY 22. While the focus of endemic species is often on local fauna, there are significantly more endemic plant species of the Virgin Islands and through this plant restoration working group, we will be seeking to removing non-native species and restoring endemic species to the greatest extent possible.
Between FY 2022 and FY 2023, DFW will be addressing boating access infrastructure throughout the Territory. In furtherance of Act No. 8448 which provides funding for capital improvements to the piers at Gallows Bay, Christiansted Harbor (King’s Alley), and for the repairs to the launching ramp in Krause Lagoon, DFW will be working closely with the Department of Public Works for the implementation of the repairs. In addition to the $1.6M allocated in Act 8448, DFW competed for funds and will now work on planning processes to identify potential sites for Cruz Bay and Coral Bay, and will be furthering the pursuit of a Memorandum of Agreement with the National Park Service for a boat launch in Red Hook. In addition, we will be working with Public Works on the improvements on the Hull Bay boat launch in St. Thomas.
Over the next two fiscal years, DFW will increase its support in community-based initiatives. Just to name a few programs - we will expand our partnership with the Department of Sports, Parks and Recreation and increase the number of ‘Take Me Fishing’ programs; through our partnership with the Virgin Islands EcoTours in St. Thomas and Bushtribe Eco Tours in St. Croix, we will double the number of tickets purchased (600) to provide students with free kayak tours in the respective districts; we will continue to provide financial and technical support to the Youth Ocean Explorers Program run by the VI Marine Advisory Service; and in collaboration with the VI Port Authority, murals by local artists informing the difference between invasive and native species will be displayed in our main airports and seaports across the Territory.
LIBRARIES, ARCHIVES AND MUSEUMS
The Division of Libraries, Archives and Museums (DLAM) provides library and information services, through the development and preservation of its historical and archival collections. The Museums Unit is responsible for the interpretation of the history, arts, and culture of the USVI. This unit is responsible for preserving and maintaining two coastal Danish fortresses, Fort Christian and Fort Frederik Museums National Historic Landmark sites. Below is a breakdown of the requested budget for the upcoming fiscal year.
Division: DLAM # of Personnel Existing: 32 Vacant: 12
General Fund Federal Fund Special Fund
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Personnel $1,544,555 Fringe $ 875,361 Supplies $ 65,500 $ 15,500 Data Processing Software $ 5,000 Rep & Maintenance $ 25,000 Auto Rep & Maintenance $ 2,000 Rental of Land/Building $ 50,400 Security Services $ 50,000 $ 20,000 Professional Services $ 0 Communications $ 54,000 Transp - Not Travel $ 1,000 Travel $ 2,000 Bookmobile Ins $ 21,000 Other Services $ 95,000 Utilities $ 263,000 Totals $2,953,816 $135,500
FY 2022 - 2023 Initiatives
During this fiscal year, DLAM aims to launch capital improvement projects across all its facilities over the next two fiscal years. As the FEMA PWs are all obligated, public bids have been executed for repairs to the Elaine Ione Sprauve Library in St. John, and Florence Williams Library and Athalie Petersen Library in St. Croix. Bids for A&E for both forts were completed, and by the time of this hearing, reviewed. Many projects have come in over budget, and DPNR has submitted requests for additional funding to FEMA for those projects.
The Bookmobile in Your Neighborhood initiative, established to provide outreach library services at different locations that are not in proximity of the library, will expand over the next fiscal year. The initiative was re-launched in FY 2021 following the COVID-19 guidelines from the Department of Health. Guest readers such as First Lady Yolanda Bryan, Leon Hughes, and Dr. Marlon Williams, along with local author Winfred Loving, have assisted us with the relaunch of the program.
In FY 2022, DLAM will launch an online library to allow library card holders access to thousands of titles, movies and subscriptions. Using CARES Act funding applied for by the Department, a subscription service with HOOPLA, the company used by many public library systems nationally, is being finalized. The service will allow card holders access to titles purchased by DLAM, but also additional titles through inter-library loan programs with other public libraries who use HOOPLA.
PERMITS
The Permits Unit (Permits) reviews and issues various types of construction permits, to include demolition of existing structures. It also inspects all construction activity throughout the Territory to ensure compliance with local and national building codes. Following the passage of Hurricanes Irma and Maria in 2017, Permits is the sub-recipient of a Hazard Mitigation Grant Program (HMGP) award, managed by VITEMA, in the amount of $7.3M for building code enforcement. With this grant, 17 new staff have been hired, to include: inspectors, plan reviewers, administrative staff and permit
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technicians. There was also purchase of 7 vehicles, some office and field equipment. We have conducted on the job training using various companies to train our new staff. This is a term grant, with approximately three (3) Years remaining on it. Below is the requested budget for FY 2022 for Permits.
Division: Permits # of Personnel Existing: 38 Vacant: 8
General Fund Federal Fund Special Fund Personnel $660,260 $438,940 Fringe $360,590 $285,103 Supplies $ 52,500 $35,000 Debris Removal $ 1,500 Rep & Maintenance $ 18,500 Auto Rep & Maintenance $ 8,000 Rental of Land/Building $ 71,576 Rental Mach/Equip $ 2,500 Professional $40,000 Communication $ 18,000 $ 5,000 Ad & Promotion $ 3,000 Transp Not Travel $ 2,000 Travel $ 5,500 $ 5,000 Other Services $30,000 Utilities $ 35,000 Capital Outlay $55,000 Totals $1,235,926 $724,043 $173,000
FY Initiatives 2022 -2023
In FY 2022 Permits will provide training to the building industry on the newly adopted Virgin Islands Rules and Regulations for Floodplain Management. There will be additional training also on our VI Code Building changes as well, once promulgated by the 34th Legislature. Trainings will include how to complete elevation certification and analysis of substantially damaged properties. This training will be provided to engineers, architects, and surveyors and property owners the needed tools to continue to develop their properties.
In FY 2022 DPNR will launch our Electronic Permitting System for the usage by the general public. Training will be provided to all design companies and interested property owners. The launch of the electronic permitting system implements the requirements of Act No. 8444 signed into law on March 12, 2021 and furthers the goals of the Bryan-Roach Administration to modernize government processes and make them more efficient.
VIRGIN ISLANDS STATE HISTORIC PRESERVATION OFFICE
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The Virgin Islands State Historic Preservation Office (VISHPO) preserves the archaeological and historic heritage of the Virgin Islands by protecting and preserving, as well as fostering a meaningful awareness and appreciation of the unique history of the Virgin Islands of the United States. This mission is accomplished through education and outreach initiatives and by sponsoring and assisting projects that promote historic preservation in the Virgin Islands. Below is the breakdown of the requested budget for FY 2022.
Division: SHPO # of Personnel Existing: 8 Vacant: 0
General Fund Federal Fund Special Fund Personnel $82,656 $299,350 Fringe $44,608 $141,982 Supplies $ 5,000 Rep & Maintenance $3,000 Auto Rep & Maintenance $ 2,000 Rental of Mach/Equip. Prof Services Communication $ 8,500 Ad & Promotion Printing & Binding Transp Not Travel Travel $1,000 Bulk Airline Ticket Sub-grants Other Services Utilities $10,000 Totals $ 156,764 $441,332
FY 2022- 2023 Initiatives
In FY 2022 and 2023, VISHPO will continue to administer its Historic Buildings Recovery Program, which is aimed at restoring historic buildings damaged by Hurricanes Irma and Maria. Over the last several months efforts were focused on receiving applications to determine eligibility. Staff received 233 applications (120 from STT, 86 from STX and 27 from STJ) requesting almost $19M in repairs. Over the next several weeks, the review team will evaluate the projects and begin to issue awards. All subgrant recipients will have one year to make the repairs.
In FY 2022, the SHPO staff will be working with the Historic Preservation Commission to update the Territory’s rules and regulations of the historic districts. Through funding support provided by the 33rd Legislature, a Request for Proposals was issued in June 2021 for facilitation and drafting services for updates to the existing regulations. Some specific updates will include increasing penalties for violations, having an administrative process for regulatory actions and updating the architectural control standards for the four towns.
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VIRGIN ISLANDS COUNCIL ON THE ARTS
The Virgin Islands Council on the Arts (VICA) is an agency within the Department of Planning and Natural Resources charged with enriching the artistic and cultural life of the Virgin Islands through leadership that preserves, supports, strengthens and makes accessible, excellence in the arts to all Virgin Islanders. VICA receives federal funding from the National Endowment for the Arts, which must be matched with local appropriations from the Government of the Virgin Islands. Federal and local funds are disbursed Territory-wide through a competitive grant award process to individual artists, arts organizations, schools and community-based entities. Below is the requested budget for FY 2021.
Division: VICA # of Personnel Existing: 4 Vacant: 0
General Fund Federal Special Fund Fund Personnel $178,000 Fringe $ 96,315 Supplies $ 5,000 Rental of Land/Bldg. $ 36,529 Communication $ 6,000 Utilities $ 3,000 Other Services $ 87,000 $313,135 Totals $411,844 $313,135
FY 2022 - FY 2023 Initiatives
In FY 2022 VICA will continue to coordinate cultural and artistic programming throughout the Territory, which include: the Poetry Out Loud competition, Made in the USVI Pop Up Shops, the Congressional Arts Competition, Mural projects, Dorsch After Dark, Arts in the School (arts education math initiative), VI music month and the management and distribution of the official VI Madras.
In FY 2022 and 2023, VICA will continue its “Creative Aging” program using several grant resources that have provided funding. Through this program, and in partnership with the AARP and the Department of Sports, Parks and Recreation, you have seen the murals at the scenic overlook on Skyline Drive and that at the Alvin McBean Recreational Complex. These programs demonstrate that you’re never too old to learn something new.
Another initiative that VICA will expand over the next two fiscal years is the Dorsch After Dark series. This series offers artists a physical space to network with others on the first Tuesday of each month and showcase their talent from the comfort of our beautiful Frederiksted town! We intend to make some capital repairs to the facility over the next two years that will also help the expansion of the program.
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CONCLUSION
The Department of Planning and Natural Resources has achieved many accomplishments over the course of FY 2021. For ease of reference, provided below as an Appendix to this testimony is a summary by division of FY 2021 accomplishments to date. Some of these accomplishments include:
− the removal of derelict vessels in the waters of the St. Thomas/St. John district (with St. Croix coming up shortly); − adapting to the limitations brought about by COVID-19 and bringing Science Saturdays to the public via FaceBook Live; − the launch of the Tip411 app for the public to report noncompliance activities; − successful reopening of the LaReine Fish Market on St. Croix after being closed for 14 years; − processed and liquidated direct assistance payments to fishers and helpers totaling $4M to date; reinstituted port sampling of commercial fishers in both the St. Thomas and St. Croix districts; − received obligation of all PWs by FEMA and are now in implementation stage of recovery projects; − promulgated new rules and regulations for flood plain management, making our program consistent with national guidelines; − processed revisions to the Building Codes, holding the Territory to a higher development standard to ensure the resilience of our homes for the future; − we furthered our strength in emancipation by removing a symbol of our colonial past, the King Christian bust, from Emancipation Garden; − we highlighted Virgin Islands culture and arts working with Virgin Islanders young and old; and we made history as we unveiled the official Madras of the US Virgin Islands.
These accomplishments and many more listed below in the Appendix highlight the fortitude of the 163 men and women of the Department of Planning and Natural Resources, particularly this oddest of year with the pandemic, and I thank them for their service. In particular, I would like to recognize the men and women of my Enforcement Division as they continue to serve on the COVID-19 Task Force. Long days are now also long nights for them, and I appreciate all they do, as well as all the other frontline workers across the Territory.
In conclusion, I would like to thank the 34th Legislature for the opportunity to present the FY 2022- 2023 budget for the Department of Planning and Natural Resources. With the support of the Legislature, and in combination with our federal assistance awards, the department is poised to undertake actions that make our operations more efficient, provide additional services to our people, and support the overall mission of the Bryan-Roach Administration - building a more resilient Territory for our residents and our guests. The road will be difficult, filled with challenges, especially those related to funding, but the staff at the Department of Planning and Natural Resources are ready to meet those challenges head on. Thank you and I am prepared to answer any questions that you may have.
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APPENDIX I: FISCAL YEAR 2021 ACCOMPLISHMENTS
COMPREHENSIVE AND COASTAL ZONE PLANNING
CCZP continued its customary functions and processed the following through the first three quarters of FY 2021:
• 2, 497 business licenses, 566 earth change permits, and 8 Major CZM permits for zoning compliance; • 14 subdivision applications; 29 zoning inquiries; • held 16 public hearings/informational meetings (for both zoning map amendments and wireless facilities); • completed 11 zoning map amendment recommendation reports; • issued 10 zoning violations; and • presented 4 zoning map amendment applications before the Legislature’s Committee of the Whole.
COASTAL ZONE MANAGEMENT
• CZM was successful in publishing and executing contracts for vessel removal projects across the territory, currently an executed contract is underway in the STT/STJ District and to date 17 vessels have been removed and disposed. The execution of the STX contract is imminent and will remove 7 vessels in Salt River and Christiansted Harbor. The project is also removing other debris that was blown into the marine environment after the 2017 storms. • CZM through its Coastal Resilience Coordinator successfully initiated the Coastal Vulnerability Index, this project is well under way and did have some delays due to the COVID 19 pandemic which placed restrictions on our collaborating partner, the University of the Virgin Islands. We expect completion in 2022. • CZM also successfully initiated the development of 8 watershed management plans that are currently underway across three (3) sites in St Thomas and five (5) sites in St. Croix, the project is progressing well and under an aggressive timeline for completion in early 2022. www.tinyurl.com/stormwaterUSVI. • CZM has processed 100 new applications and 15 modification requests through the third quarter of FY 2021, the majority of which were minor land applications for residential developments in Tier 1. CZM held 12 major permit public hearings and 13 decision meetings and 15 major pre-application meetings. CZM has also processed an increased number of federal consistency applications for the National Park Service, Eastern Federal Highways and the Department of Public Works and the VIWAPA undergrounding projects in St. John and St. Croix. • CZM processed 10 violations resulting in the collection of approximately $38,500 in fines. • CZM, through its Coral Reef Initiative, in FY2021 ramped up its efforts to combat the Stony Coral Tissue Loss Disease (SCTLD) by funding response teams (“strike teams”) and providing intervention supplies with funding received from NOAA. CZM was successful in acquiring additional funding to continue the efforts to combat the disease. CZM was also able to secure an additional funding with to extend the position for three (3) years.
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• CZM will also be participating in the planning and execution of the fall meeting of the US Coral Reef Task Force meeting that will host federal and state agencies that are part of the task force.
ENIVRONMENTAL ENFORCEMENT
• On February 25, 2021, DEE successfully reopened the La Reine Fish Market on St. Croix with a ribbon cutting ceremony signifying that the facility is now open for tenants in the commercial fishing industry. This project, funded by bond proceeds in 2009 was contracted on April 15, 2019, at a cost of Seven Hundred Thirty-Nine Thousand Nine Hundred Ninety- Nine Dollars ($739,999). The facility houses 16 stalls that are available to commercial fishers for a monthly rental fee of $150.00 per stall and $75.00 monthly for each cleaning station. Each tenant will be responsible for obtaining utility connections for both water and electrical services. The Department to date has rented out 10 stalls and 3 cleaning stations. The facility also provides the commercial fishers with the ability to refill their air tanks through a private company at the site. Monies generated from the facility go directly back into the maintenance of the facility. The facility was officially opened to the public on March 8, 2021.
• The Division of Environmental Enforcement (DEE) was recently informed that it received approval for the Department of Planning and Natural Resources Hazard Mitigation Grant Program (HMGP) project number 4340-0070 for the Division of Environmental Enforcement (DEE) St. Croix Office Generator and Enclosure Construction Installation Project. The addition of the standy-by generator will be a crucial asset in making the operations more resilient following any type of natural disaster.
• The Division of Environmental Enforcement has completed a grant application for the Law Enforcement Planning Committee for $275,000.00 worth of assets for the division. The funding from this grant will allow us to procure three (3) patrol vehicles for the St. Thomas district, four (4) enforcement watercraft (jet skis) (2 per district) and fifteen (15) handheld radios and (2) base units for office communication. The acquisition of these - emergency watercraft provides an added tool which will shorten the response time to shoreline water rescues in addition to facilitating ease of patrols.
• The Division, in following with the mission of Governor Albert Bryan to have all Governmental Departments operating with online portals and transactions, has begun working with Online Mooring LLC to develop a system that allows members of the public to apply and make payments for mooring permits, vessel registrations, short/long-term anchoring, and cruising permit applications through an easy-to-use online interface. This web-based and mobile-enabled software will allow the Division to process permits as efficiently as possible. Online Mooring is a complete workflow system that allows the Division to automate tasks to help minimize manual effort and to elevate access to accurate information. Additionally, the Software will be used to manage the Territories’ many harbors. Online Mooring is the most configurable Mooring software available allowing the company to tailor the look- and- feel and behavior of the software to meet the Department’s needs. A fee of $6.00 will be assessed for each transaction which will then be absorbed by the division. This initiative will kick off by early fall.
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During the registration period of 2020-2021 DEE processed the following registrations:
Boat Registration 1430 Mooring Registration 298 Anchoring 350
Due to COVID-19, registration using the email system and pay-by-phone has continued in 2021. 70% of the registrations processed utilized the pseudo-online registration process, submitting their application via a dedicated email and having their payment processed by phone.
ENVIRONMENTAL PROTECTION
• DEP continues to partner with agencies such as WAPA, Public Works, and Waste Management, to improve upon our drinking water supplies and upgrade our wastewater and stormwater infrastructure. In FY 2021, DEP has issued $18.7M in Drinking Water and Clean Water Act subgrant awards to the partnering agencies. This will result in direct improvements to sewer lines in downtown Christiansted and potable water lines in Christiansted, Frederiksted, and Clifton Hill communities.
• DEP successfully implemented its new regulations for the Territorial Pollutant Elimination Discharge System (TPDES). A key change is the collection of discharge fees by the Department. Through the first three quarters of FY 2021, DEP has collected approximately $71,000 of additional revenue in permit fees.
FISH AND WILDLIFE
• The Division of Fish and Wildlife is increasing its capacity to address short term and long- term challenges for fish and wildlife resources in the Territory. One of the goals of the Division in previous years was to hire more subject matter experts dedicated to review of environmental assessments, oil response exercises, wildlife and fisheries restoration techniques. These increase in staff have allowed multiple new initiatives and trainings to occur; the Division has staff now versed in Incident Command Systems and provides technical assistance to the permitted oil response team at Tri-State Bird Rescue & Research and we are currently developing a fish & wildlife response plan for environmental contamination in the U.S. Virgin Islands. The Division is assisting with the development of the Natural Resource Soil Conservation’s new Wildlife Committee, working with the U.S. Department of Agriculture’s on its environmental assessments for public and municipal assistance with birds, reptiles, and mammals, and improving education related to mangrove trimming permits.
• DFW reinvigorated the promotion of the Reef Responsible Sustainable Seafood Initiative to educate the public about species of fish available from local fishers and at restaurants and
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grocery stores. The goal of the program is to reduce the catch of ecologically important species, particularly during crucial times of their life cycle, in order to ensure the proliferation of the species. Promoting less predation of herbivorous species helps restore productivity in reefs and increases population of the species.
• DPNR-DFW provided the Sea Turtle Assistance and Rescue (STAR) Network with 22 response kits for volunteers per District to assist with sea turtle stranding.
• DFW maintained its Cooperative Agreements with the United States Fish and Wildlife Services to uphold the Endangered Species Act. This year, the Division created a five-year work plan to more comprehensively conserve threatened and endangered plants and animals of the Virgin Islands through federal awards of $55,000 per annum for endangered species conservation providing funding for support of recovery initiatives for more than 30% of federally listed species.
• In the first three quarters of FY 2021, DFW responded to over 400 requests for information on fish, wildlife, and their habitats. At the same time, DFW provided outdoor education experiences for over 40 Virgin Islanders through a collaboration with Department of Sports, Parks, and Recreation in both districts. More than 600 free tickets for mangrove tours were distributed in the. An emphasis in the plans will be on providing small group outdoor experiences for teachers to facilitate and complement state standards of education in each grade level while social distancing in the foreseeable future.
LIBRARIES, ARCHIVES AND MUSEUMS
• At the start of 2021, DLAM held an essay contest titled “The Person Behind the Mask” where children across multiple age groups were to describe how COVID-19 had affected them and their families. Over 100 essays were received.
• Several children’s programs from the library were reinstituted following the lifting of restrictions during the height of the COVID-19 pandemic. Children’s Storytime was resumed at the Charles W. Turnbull Library and the Bookmobile on Wheels program was reinstituted on St. Croix.
PERMITS As one of the main functions of the Division of Permits is issuing permits and conducting inspections. The following permits were issued within the first three quarters of FY 2021:
695 Building Permits 540 Electrical Permits 317 Plumbing Permits 36 Demolition Permits 54 Renewable Energy Permits 2 Mechanical Permits 125 Flood Zone Permits 1 Wireless facility Permit.
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161 Certificate of Occupancy • The Division conducted over 3307 Inspections as we continue to make sure construction complies with all applicable codes of the USVI and will seek ways on how to better implement effective enforcement on noncompliance construction within our territory. • The division will continue to provide training for all new hire and pursue certifications for the new hires. • Implement the usage of our E-Permitting System in-house • The ICC 2018 automatic code updates review is complete and been implemented. • We will be working on the upcoming ICC 2021 automatic code updates review for publication and implementation.
STATE HISTORIC PRESERVATION OFFICE
• The State Historic Preservation Office provided mandatory Section 106 Consultation Reviews for several federally supported projects in the Territory and provided historic preservation technical assistance to private sector property owners and Virgin Islands governmental agencies. Another noted accomplishment is the previously noted Historic Recovery Program funding, which will assist damaged historic buildings and houses in Fiscal Year 2021. The SHPO is also continuing to provide Section 106 Consultation Reviews for federally funded recovery projects as required by the National Historic Preservation Act of 1966 as amended.
VI COUNCIL ON THE ARTS
VICA accomplishes its goals and objectives by partnering with various government agencies, non- profit, national and regional organizations and individuals.
• In FY 2021 VICA received an NEA grant in the amount of $303,135 which was matched with $77,000.00 local appropriation to support Territory wide programs; the NEA grant is awarded for the following components: State Art Plan, Poetry Out Loud, Arts Education, Arts in Underserved Communities. VICA’s Board reviewed these applications and awarded monies to (60) eligible participants.
• The Board of Directors and staff reviewed eighty-eight (88) grants with requests for funding totaling $568,510. $300,135 was awarded to sixty grantees Territory-wide. As always during the course of a year, grantees may cancel or not be able to execute their projects and funds are returned. As there are continuous requests for funds during the year, these funds are re- granted in the form of discretionary/mini grants not to exceed $2,500. This also enables VICA to give more support to a wide range of projects to include recording of cd’s and videos, documentaries, art education programs, instruction in the making of traditional costumes and local crafts, book publication, jazz/music and arts festivals, multi-disciplinary arts programs for at risk and disabled children, cultural/living history programs and tours, calypso competitions, professional development for teachers and individual artists and support to all arts presenters in the Territory.
• Submission of 2022 and Grant Request: The Council completed and successfully submitted its FY 2022 grant application to the National Endowment for the Arts. One of the
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requirements of the grant is that we match the grant 1-1. The full required match would enable VICA to award more funding to our artists, organizations and non-profits. We were successfully awarded $313,135.00
• Poetry Out Loud: VICA concluded all components of state level competitions of Poetry Out Loud on March 15, 2021. This year VICA had 7 schools participating in Poetry Out Loud. Poetry Out Loud is a national initiative that encourages students to learn about great poetry through memorization and performances. Beginning at the classroom level, winners advance to school wide competitions then move on to state competitions and ultimately to the National Finals in Washington, D.C.; approximately 325,000 students participate annually. This year the Virgin Islands territorial winner was Kayden Hughes a sophomore at Antilles school. The Territorial finals were done virtually this year due to the COVID19 Pandemic. National Finals were also held virtually.
• The Congressional Arts Competition: High school students in both school districts compete to have their paintings, photos and drawings exhibited in the Nation's capital. This program is coordinated in partnership with the Office of the Delegate to Congress, Stacey Plaskett. VICA coordinates the competition and awards prizes to the top three winners. VICA also sponsors the winner and chaperone’s trip to Washington, D.C. in June to take part in the national exhibit hosted by the U.S. Congress. The winner this year was Ms. Deonna Gumbs from St. Croix Central High School.
Below are lists of projects for FY 22:
Special Projects: Arts and Humanities Month Campaign Made in the USVI POP Up Shop (seasonal) Dorsch After Dark (monthly event) Older Americans Month Serenade Kennedy Center Performance Back To School Give Away AARP/VICA VI/PR Concert Breast Cancer Awareness Valentine Sip and Paint Christmas Sip and Paint Stanley and the Ten Sleepless Knights concerts Valentine exhibit Reichhold Center concerts Storytelling Festival Removal of Bust ceremony Madras Unveiling Ceremony Youth Art Month Exhibit