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VI UPDATE U.S. Virgin Islands Public Records TRANSCRIPT OF PUBLIC PROCEEDINGS | Committee on Rules and Judiciary Legislature USVI October 26, 2023 · 3.6 hours · gov Source recording https://youtu.be/UTYy8oHLSMA Status This is a working transcript produced by machine from a recording of a public proceeding. It is a finding aid, not an official record of the Legislature. Transcribed by VI Update, using OpenAI Whisper large-v3-turbo, run locally. Not reviewed by a person. Reliability Automatic transcription, UNVERIFIED. Verify every quotation against the recording before relying on it. Speech recognition splits spoken digits and wraps figures mid-number, so a dollar amount, a vote count or a bill number can be wrong in a way that reads as correct. Speakers are not identified: automatic speaker labelling was measured unusable and removed. 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A verbatim transcript is mechanical rather than authored, so there is likely nothing in it to own; to the extent any copyright is nonetheless found to subsist, it is dedicated to the public domain under CC0 1.0. Please copy it, quote it, index it, train on it, republish it, mirror it, sell it. Redistribution is the point: a public record with one copy is one fire from gone. No permission is needed, and none is ours to grant or withhold. Thank you so much for watching. You We'll be right back. Thank you. We'll be right back. We'll be right back. We'll be right back. Thank you. Thank you. Let's go. Thank you. 0:00:00 Thank you. Thank you. Thank you. We'll see you next time. The Legion Sleepy Sleepy The light for a gun The light for a gun The fire shield up The fire The tattoo will be in the end Sleepy We'll be right back. Let's go. Hey! Hey! Hey! Hey, hey! Hey, what is this? Hey. Hey. Hey! Hey, hey. We're white, we're in the dark We're white, we're in the dark Oh God, oh God And we're shelter Oh God, oh God We're out of the truth, we're in the dark Hey, hey, hey Hey, hey, hey Hey, hey Let's go. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. Thank you. I love you Thank you. Thank you. Thank you. Thank you. Thank you. We'll be right back. Let's see, let's see. 0:05:30 Thank you. We'll be right back. Thank you. Let's go. Thank you. We'll be right back. This is your life. 0:18:25 We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. Thank you. We'll be right back. We'll be right back. We'll be right back. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. We'll be right back. Thank you. Let's go. I love you. Thank you. 0:21:55 We'll be right back. We'll be right back. Thank you. Let's get started. 0:33:25 Let's go. Let's go. We'll be right back. Yeah, yeah, yeah, yeah Yeah, yeah, yeah, yeah, yeah We'll be right back. For more information, visit www.fema.org We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. Thank you. 0:35:25 We'll see you next time. the meeting scheduled for October 26 2023 for the committee and rules and judiciary has been called to order I would like to acknowledge my committee members who are present and any non-committee members. I 0:42:40 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 1 of 19 Legislature USVI · | Committee on Rules and Judiciary would like to say blessed good morning to the people of the Virgin Islands, invited testifiers, those who are listening and viewing, and the legislative staff who's working this meeting today. But firstly I would like to extend my deepest condolences to the colleagues, family, friends, and employee employees of Darryl Mousy George senior the director of the fire EMS his unwavering commitment to the safety of the people of the Virgin Islands was commendable as a first responder he dedicated his life to protecting others and teaching others to do the same often risking his own safety to ensure the security of our community. Also condolences to Rookie Jackson on the untimely passing of his son Elijah, to the Schuster family on the passing of their matriarch Rita D. Shabir Schuster and the Hassel family on the passing of their mother and also mother-in-law of former senator Jean Ford and Florine Hassel, Assistant Director of Personnel. I extend my deepest sympathies. Like to say Happy Independence Day to the people of St. Vincent and the Grenadines. St. Vincent and the Grenadines achieved full independence on October 27, 1979. 0:44:46 October is Mental Health and Domestic Violence Awareness Month. This weekend, I encourage the public to come out to support the American Cancer Society Relay for Life on Saturday and Sunday on St. Croix. Stop by the Legislature of the Virgin Islands 10th. I will be there, so colleagues, let's come out and support. Lastly, I would like to take this time to discuss the current water contamination issues affecting the St. Croix district, as I attended the public meeting held on October 24th at the Rotary Clubhouse in Frederickstead. The agencies represented were DPNR, WAPA, Department of Health, and VITEMA. 0:45:22 The EPA is currently providing technical assistance to the Virgin Islands as far as outreach, communication, funding, and additional sampling to assess the extent of the lead and copper levels. WAPA will complete the resampling of 35 locations previously identified for elevated lead levels. At the forum, I requested more public education outreach, a water distribution centre, or door-to-door water delivery. Free lead testing for individuals with no insurance, water treatment to prevent further exposure, and the removal of corrosive pipes with the highest lead risk with a sense of urgency. I'd like to provide some hotline numbers are as follows. 0:46:16 Department of Health, 340-712-6299, 340-776-1519, for St. Thomas. DPNR, 340-514-3666. 514-3666. I expressed the need for a sense of urgency on behalf of the residents of St. Croix. As a legislator it is our duty to advocate on behalf of our residents on matters that improve their quality of life. I look forward to future developments in the interim I filed for BR number 23-0818 the Clean Water Act to mandate the relative agencies established to establish and sustain a safe water infrastructure with regular evaluations and equipment replacement. Today's meeting has two blocks. Block one, the governor's nomination of Clement Kane McGrath, Virgin Islands Public Service Commission board member nominee. And in block two, the governor's nominee, Kasima I Knight-Hodge, Virgin Islands Estate Commission board member nominee. We are now ready to proceed. Mr. Clerk, read the agenda into record. 0:47:17 The Committee on Rules and Judiciary has scheduled a meeting for Thursday, October 26, 2023 at 930 a.m. in the Earl B. Otley Legislative Hall, St. Thomas, Virgin Islands, to consider nominations. Block 1, Governor's nomination of of Clement Cain-McGrass, board member nominee, Virgin Islands Public Service Commission. Block two, governor nomination of Kasima I. Knight-Hodge, board member nominee, Virgin Islands Real Estate Commission. Madam Chair, this concludes the reading of the agenda. 0:48:57 Thank you. Clerk, can you please proceed with the roll call? Senator Alhanel L. Bolkash, Jr. Senator Volkes, Jr., present. Senator Diane T. Capehart. Present. Senator Capehart, present. Senator Kenneth L. Gittins. Senator Gittins, absent. Senator Maurice C. James. Senator James, absent. Senator Franklin D. Johnson. 0:49:31 Here. Senator Johnson, present. Senator Carla J. Joseph. Present. Senator Joseph, present. Senator Milton E. Potter. Here. Senator Potter, present. Madam Chair, we have five present and two absent. Thank you, Mr. Clerk. We have a quorum today. Is there any correspondence to be read into record from any committee member? Yes, Madam Chair. You may proceed. 0:50:02 Letter dated October 23rd, 2023. Honorable Senator Diane T. K. Parth, 35th Legislature of the Virgin Islands, 3022 Estate, Golden Rock, St. Croix, Virgin Islands, 00820. Dear Senator Capehart, I do apologize that due to a previous commitment, I cannot be present at the Committee on Rules and Judiciary meeting to be held on Thursday, October 26, 2023. Kindly excuse my absence. I regret any inconvenience my absence may cause. Thank you for your understanding. Kind regards, signed, Maurice James. Thank you. 0:50:31 please mark Senator Maurice James as excused. We already have our first testifier on the floor. At this time we have the governor's nominee before us. I would ask that you, are you familiar with this? So you know you gotta bring the mic close to you and you would state your name all the information that we need and make sure you turn off your cell phone so the stenographer could understand what you're saying so are there any other correspondence to be read yes madam 0:51:08 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 2 of 19 Legislature USVI · | Committee on Rules and Judiciary chair please proceed letter Later dated October 26, 2023, the Honorable Diane Kaypart, Chair Committee of Rules and Judiciary, 35th Legislature of the Virgin Islands, 3022 Estate Golden Rock, Christianset, Virgin Islands, regarding Committee on Rules and Judiciary meeting. Dear Chairperson Kaypart, please excuse my absence, withdrawal from today's hearing. Unfortunately, I have not been well and unable to give this matter the attention required. I extend my sincerest apology for not being able to provide an update from the Judiciary of the Virgin Islands to discuss the needs of the Judicial Branch, new plans and concerns among other topics. However, I look forward to an opportunity in the future to provide the requested update. I thank you and the Committee in advance for your understanding and accommodation. Respectfully, signed, Regina Peterson. Madam Chair, this concludes the reading of correspondence. Thank you. At this time the testifier who's before us, Mr. Clement Cain McGrath for the Virgin Islands Public Service Commission board member nominee. I just want to say thank you, welcome, and you have a testimony that you can begin by reading first. Oh, I'll take a recess at this moment. I'm I'm I'm I'm I'm I'm I'm I'm The Committee on Rules and Judiciary is out of recess, always forgetting my housekeeping. Mr. McGrath, if you may please stand and raise your right hand so you can take the oath. Do you solemnly affirm under penalty or perjury 0:52:52 that the testimony you will give to this committee will be the truth, the whole truth, nothing but the truth to the best of your knowledge and belief thank you you may be seated and at this time you may state your name and then you can proceed with reading your testimony good morning all senators especially members of the rules committee of the 35th legislature and staff. I am Clement McGrass, also known as Cain, and the Governor's nominee to serve as a member of the Virgin Islands Public Services Commission. I am a former Senator and a former Commissioner of Licensing and Consumer Affairs. I have also served as a Deputy Director of Grants Management at OMB, Special Assistant to the Governor for Audits Resolution, and as an assistant to the director of VITEMA. While at VITEMA I also served as the governor's authorized representative, the GAR, which is the official liaison between FEMA and the office of the governor. I also operated a private business for 17 years on St. Thomas. First I would like to thank Governor Albert Bryan and Lieutenant Governor Tregenzo Roach for submitting my name to It is our God's body for your consideration. I would also like to thank Senator Diane Capehart, Chairperson of this Committee, for her patience in scheduling my nomination. Madam Chair, I would first like to correct a typo in my questionnaire. I attended the National Judicial College in 1993 and not 1992. 0:54:45 I have had the opportunity to review the 2021 audit of the VI Water and Power Authority by the Office of the VI Inspector General. While it is not the purview of the PSC to regulate WAPA's day-to-day management practices, it is important for PSC members to acquaint themselves with the gross mismanagement documented in the report regarding the vital contracting process because such alleged waste can only be recuperated through the rates regulated by the PSC. I believe that members are asked to increasingly raise rates to VI consumers to pay for WAPA's waste and mismanagement under the guise of increased operating and fuel costs. One of the questions that I will ask, if confirmed, is whether WAPA has used any of the funds collected through the Levelized Energy Adjustment Clause, or LIAC, for anything other than fuel. Additionally, I will monitor compliance with Title 30, Section 1A3, which requires that any request for rate increases must be made out of absolute necessity and only after prudent cost-cutting effort has been made and every other available option has been exhausted while not diminishing the quality of service provided. 0:56:31 The VI Ratepayers Bill of Rights also provides that ratepayers have the right to be given accurate and understandable itemization of billing as well as the price and terms of service. How is this possible when WAPA continues to issue so many bills stamped as estimated? While it is necessary to ensure a fair rate of return to utilities and other services regulated by the PSC, I believe it is incumbent upon PSC members to properly evaluate each request and the basis of each request to ensure that both businesses and residential consumers are protected. I am an avid reader and many technical reports and documents are submitted for review by the PSC. I believe that my broad range of administrative experience as a former Senator gives me familiarity with the laws and with the utilities regulated by the PSC. Additionally, as a former commissioner of the Department of Licensing and Consumer Affairs, I have regulated and enforced consumer laws and regulations, as well as served as the administrative law judge of that department. Utilities and other services regulated by the PSC are often impacted by hurricanes and other natural disasters. 0:57:56 So my experience as Deputy Director of Grants Management at OMB, and as a Hazard Mitigation Officer there, as well as my time at Vitamma, would be valuable as a member of the PSC. The VI Waste Management Authority appears to have become a well-oiled operation providing dependable services, except for one very noticeable thing. The WMA has more than $15 million in unpaid bills, most of which are to local vendors, the most glaring of which is the $896,070.31 owed to the Public Services Commission from 2021 to the present, as well as the most recent assessment of $454,380.51 for the coming fiscal year. These amounts are not even listed in their accounts payable prepared by the Legislature's post audit division for their 2024 budget. It is also not listed as part of their budget request for the coming year. Does this 0:59:15 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 3 of 19 Legislature USVI · | Committee on Rules and Judiciary mean that they will continue to refuse to pay their assessment to the PSC as required by law? I would therefore recommend that the Legislature include the WMA's PSC assessment as a line item in the WMA budget or make a special appropriation to the PSC if they are unable to pay to ensure that the Commission operates efficiently as a PSC budget is based solely on these assessments via rates can only be monitored and approved by the PSC as to their landline services all cellular services are controlled by the FCC except that complaints regarding customer service can be accepted and investigated by the PSC and an attempt made to resolve them with the providers if confirmed as a member of the PSC I will ensure that the Commission continues its excellent work of monitoring cellular services and if necessary request assistance from the FCC if quality service is not provided or if too many complaints are received it is also the responsibility for the PSC to monitor services and approve rates for the St. Thomas St. John ferry services. This is a critical services service for the residents of both islands but in particular St. Jonians. It is also important for St. John students who currently attend school on St. Thomas. Anticipating a new school in St. John in the near future, it can be expected that the loss of this revenue will impact the ferry services. While this is still down the road it would do well to begin having conversations with the ferry companies now to prepare for the future as a former commissioner of licensing and consumer affairs I am concerned about the consumers of the Virgin Islands the Public Services Commission mission statement says quote to ensure a fair and reasonable rate of return while providing the ratepayers with the highest quality of service in a safe consistent and efficient manner end of quote. It may seem like only semantics to some, but this puts the utilities first and the rate payers last. While I understand the need for a fair rate of return by providers, I do not believe that enough has been done by utilities to provide rate payers with the highest quality of service and in an efficient manner. The PSE must do more to ensure that consumers must get the quality of service they are entitled to. 1:01:19 If confirmed, I will take the opportunity to review past reports of the PSE consultants to determine if recommendations were made and if they were ever implemented. The PSE is also mandated to do audits of the services under its jurisdiction, but is not sufficiently funded to undertake such reviews. I believe the Legislature would find it useful to fund the PSE to conduct audits, in particular of the WAPA LIAC prior to future budget considerations and as well as for the other entities monitored by the PSC. Finally, I would like to add that coming out of retirement to serve on this board was not an easy decision, but I consider it an honor and a duty to serve my community in this capacity during these difficult financial times in our territory. I hope it inspires other retirees to come forward and offer their services as well. We are a huge pool of accumulated knowledge who still have much to offer to make this a better home for all of us. 1:02:57 Thank you, and I am prepared to answer any question you may have. Thank you, Mr. McGrath. You said something in your closing here that really stands out to me, that every time someone comes before us for a board or a commission, I like to say thank you for your willingness to serve Cause you're in retirement and you are stepping up to the plate to serve your community. So thank you for your willingness to serve Mr. McGrath. Thank you. At this time I'm going to call the order of my colleagues. I see none, no noncommittee members who are here. So Senator Johnson on St. Croix, you are first. Senator Collar Joseph, you are second. 1:03:59 Senator Potter, and then Senator Bocas, your fourth, Senator Gittins, please mark Senator Gittins as present, and Senator Gittins, you are number five. So that would be an order of our line of questioning today. Mr. McGrath, the Public Service commission I see it as and what it is is a regulatory to the water and power authority as you know and I mentioned in my opening statement as I want to see the quality of life for the drinking water the water that our individuals on I wouldn't even just say St. Croix but a territory-wide problem as the Dotti Water we've been having on St. Croix and I don't think that there's an urgency actually I don't care who give X for me there's no sense of urgency when you talk about this is your only source of water and you're finding lead in the water the alternatives that should be given to the people is not high priority and you mentioned that you want to be able to ensure a fair and reasonable rate to return while providing ratepayers with the highest quality of service in a safe and consistent and efficient manner. 1:04:50 Individuals who are now being asked not to use that water, to drink, to cook. I think it's unfair that these individuals have to still turn on and pay WAPA for their dirty water that they can't use. And these are some of the things that I think that the Public Service Commission really needs to probably step up to the plate and say there's no fairness here. So if you are elected to serve on this commission that I hope that these are some of the things that you look at, parity. I can't be paying for something that I can't use. 1:06:37 I think it's unfair that WAPA gonna still send these individuals a bill next month or this month to say you still got to pay for your dirty water. What is your take on that? Well, Senator, as a laboratory scientist by training, I am really concerned about the lead in that water because lead is a heavy metal that stays in your system for long periods of time and can cause serious damage um personally i think the psc should have been doing their own water testing because part of their mandate is to ensure quality of service that providing quality water is part of that so i think the psc should have been 1:07:28 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 4 of 19 Legislature USVI · | Committee on Rules and Judiciary monitoring the water especially after complaints started coming in I think I think we need to the PSC needs to step up to the plate and take a more active role in what is going on there thank you yes because you know I don't know I understand there was a big meeting yesterday with EPA and and government house and I would like to find out what But the second results, they went and took second set of second testings and I would love to see what those results say because if those tests come back positive in all those, I think it was 35 sites, if they come back positive, we need to be doing, as I mentioned, a door door to door water distribution set up water buffaloes in these areas water trucks whatever it is because they cannot use that water to bed to drink wash their dishes nor wash their clothes so I think this is a very serious matter and we need to take some serious urgency on this colleagues I would yield to my colleagues to start with the first line of questioning. Senator Johnson you may proceed with five minutes. To the testifiers good morning to the listening and viewing audience. I first would like to say to Mr. McGrath thank you for your willingness to solve and today's going to be a very interesting day because I was looking at your testimony and I want to start off by reading up here in your testimony on page one the second paragraph you say while it is not preview of the PFC purview of the PFC to regulate WAPA day-to-day management practice it is important for PSC members to acquaint themselves with the gross or repeat this with the gross mismanagement documented in the report regarding the vital contracting process because such ways can only be recuperate recuperate through the rate regulators by the PSC now I don't want for this to be to us because this body has been very aggressive towards this VLT business and you're talking a different language from the governor the governor continuously finding ways to bail out WAPA and even challenge the legislature when we when my good colleague from Frederikstedt put in some measures to make sure that we put the right things in place as far as the investigation and a thorough investigation of what went on in WAPA so 1:09:35 So how do you plan to go both, as far as I'm concerned, in a different direction with WAPA? Well, Senator, as you well know, the PSC is also mandated to audit, to do their own audits of WAPA. And this has not been done in the past for a number of reasons, Uh, one of which is that they are underfunded to, to conduct such extensive audits. 1:11:24 WAPA is like about $175 million operation annually, um, including federal funds. This would be a major undertaking, but I think something needs to be done. Um, I think the vital contracting process was flawed and I think we were taking advantage of but that's that's something for the legislature to deal with I appreciate your candidness because sometimes people come here and free to call a speed of speed and on page two you stated it was in regards to the via and the quality of service is not provided you say if are you aware that there there really is a problem with the quality of service because you're saying if are you aware that people complaints every day not just via but Liberty especially especially Liberty and the time they came on board service in this territory has been out of whack people can't use their phone but again when the bill time come you get the bill are you aware of this yes I am but I also understand that a lot of that is controlled by the FCC and so we have very little that we can say or do about that except to complain to the FCC and ask for their assistance which is what I mentioned and then in page three the first paragraph you said a PSC must do more to ensure that consumers must get the quality of service they're entitled to. And my question to you is how would you handle this case where utilities may not be meeting their service quality and efficiency and so just about every other business? 1:11:55 Ensuring quality is something that the PSE should be monitoring. quality of service is something that leaves a lot to be desired but we need to work on it it's a it's I think we can find incremental progress if we stick to it I think we have not done enough to ensure that quality of service I think we've been so focused on rates that we have not focused enough on quality of service. And can you give me two short term goals you would like to introduce to the other commissioners which will be beneficial to the ratepayers? I'm sorry, can you repeat that? 1:13:59 Can you list or give me two of your short term goals you would like to introduce to the other Commissioner members when it in regards to beneficial to the read peers I think one of the one of the most important things for us to focus on at the PSC is to to get through the the quagmire of all the information that's loaded on to us I think we are given so much information that we left that the Commission I think sometimes is befuddled with what's with what they're being offered I think I think we need to focus more on I guess I guess usable information would be would be a good term to use because I think a lot of the information that's being given to us and I've seen it with the the budget hearings is that a lot of especially WAPA WAPA statements are covered with disclaimers oh we can't depend on this this figure because of this so we can't depend on that figure because of this I think we need to hold them accountable to the figures that they present and this is my real bonding question here in your Question here on section 25. You answered yes. One minute. You answered yes. And on 25 the question was do you have any outstanding and delinquents monetary obligations to the government of the Virgin Islands or any other public or private entity including but not limited to personal income tax, business tax, real property tax, commercial or residential, business license, renewal, trade names, renewal, annual reporting fees, professional organization, dues, childhood support, judgment, debit. You answered yes there and it says see 1:14:42 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 5 of 19 Legislature USVI · | Committee on Rules and Judiciary attachment and there's no attachment in regards to this. Would you like to speak on this on this matter? I thought I answered it in the attachment however I will tell you what what it refers to is I own I used to own a property in St. Josephson Rosendahl, and the property came with a small 126 part of a common area. And when we sold that property, the 126 portion was transferred with the property. However, the tax assessor continues to assess me taxes on that $1.26 of a parcel. 1:16:51 It's a small amount of money, but it's, you know, it's, it's not mine. That's why we're just going to actually say, you, you said that you sold the property, is that correct? That's what I heard you say. The property was transferred probably about 15, 20 years ago. And as of to date, they have not cleared this or clear your name with that? And I have brought it to their attention. So I'm going to ask a little bit more, Madam Chair, if I may just proceed at one more question. Thank you very much Madam Chair. 1:17:39 So the person that the property was transferred to now still ain't paying that tax because you're getting charged with it? Apparently. Can I ask when was the last time you saw a tax document in regards to you paying that? The only time I receive any tax information on that parcel of land is when they print it in a newspaper. I never receive any tax bill for it. Thank you very much and again I say thank you for your willingness to solve. I think you You can bring a lot to the table. I really appreciate your kindness and as I started out saying, please, don't let it be hard to you because I remind you of your statements that you said in your testimony. I appreciate your willingness and kindness to come back out and solve and see what you can offer to the people of this territory. 1:18:13 Thank you for your question, Senator. Senator Johnson, thank you for your line of questioning because that is definitely something that we see here in the information that was provided to us so thank you for that information that shows you that some there's a big disconnect that the tax assessor's office probably needs to look at their processes when individuals like yourself sell property exchange property and you're still getting the bill to pay that something is wrong there and thank you for even providing some suggestions as you are being nominated you've been nominated to serve well your name was sent down but you offered suggestions in in your testimony today and I just like to see that when there are technical positions like this that you already started with giving suggestions for improvements to this commission and it's very important that you not just think about the levelized energy adjustment class LIAC you've not only thought about our quality of phone service the quality of water you've tossed talked about everything so I appreciate that I do have a bill request for what's called a industrial hygiene program and this would actually promote 1:19:08 industrial hygiene to keep workers and some surrounding community healthy and safe are you familiar the purpose of a industrial hygiene program I am not I haven't seen the bill but I would think that that would be more under the periphery of OSHA well it would be a collaboration of all these entities working together to provide the residents a program to keep you know our community safe because we have like for St. Croix particularly you know we have all these industrial businesses so I just wanted to see if you were familiar familiar with industrial hygiene programs. Thank you, Mr. McGrath. 1:21:03 Senator Carla Joseph, you may proceed with five minutes. And colleagues, we will have a second round. Thank you so kindly, Madam Chair. Pleasant good day to everyone and to the people of the Virgin Islands. Mr. McGrath, know that I didn't think I would be seeing you here because you're retired and I was thinking that you would be enjoying your family, your grandchildren, all of those persons but I guess we had to go down deep to get some persons of quality and who qualify to be on the PSE and I'm so thankful that you said yes, okay? 1:21:54 So I am really thankful that you said yes, I've known you for a number of years, and I know about your capacity. Now the legislature, in the 34th legislature, we passed legislation which really speaks to the qualification of a PSC member. Which of these qualifications do you, are you, first of all, are you familiar with Act 8452? 1:22:48 Yes, and I think I qualify under the administrative, administrative experience, as well, as well as to a certain extent law because I do, I was an administrative law judge at the, at licensing and consumer affairs. Okay. And I was thinking also a part of the finance as well. So it's three areas. Yes. Okay. So that's very, very good. And I wanted to really ask you relative to your questionnaire. This questionnaire you submitted to the Office of the Governor. 1:23:19 That's correct. Okay. Some of the attachments as Senator from the west end of St. Croix mentioned, previous speaker are missing, so I'm going to ask you about those questions because we don't have them. Three minutes. MS. Specifically. Your... Would you like a copy? MS. Well, we could put it on the record. Okay. MS. A conflict of interest. You said it's attached. What are your perception and what did you represent may be a conflict of interest in your ability to serve on this commission? Well, it involves primarily financial matters. I think if I was related to anyone on the Commission or if I was related to anyone that was on any of the utilities that we were going to be monitoring, that would influence me in any way or attempt to influence me in any way. 1:23:57 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 6 of 19 Legislature USVI · | Committee on Rules and Judiciary These are all conflicts of interest. Do you have any spouse, children or the like who serve on any of these utilities that you, should you be nominated, will be regulated and who are employed with these entities? Absolutely none. Okay, good. Because it really spells it out, so that's very good. Now I noted that you, and I'm a member of, ex-officio rather, member of the PSC. So it does have a little bit of challenges with waste management authority. 1:25:01 And I'm glad that you mentioned you were also a judge, a judicial judge for labour. And so you're going to have to do some mitigation and arbitration because Waste Management Authority contends that they do not owe this amount of money because how it's being assessed. So that's something if you were selected for this position that you would be able to mediate, do you think? 1:25:44 I think so. I'm not sure I know the basis on which the assessments are made because it's done on, um, uh, the gross, the gross, um, amount of budget, the amount of money that they, that they have, you know, um, assigned to them. And, uh, so they have certain percentages assigned based on, um, on the, on the funds, um, I'm not sure how that, that particular formula was arrived at and it's something I would need to learn more about. 1:26:21 Okay, so let me just let you know, Waste Management Authority is saying one thing, that the amount they should be assessed at doesn't include certain appropriations, and the PSC is saying that it should include. That's just the basis. So that's something that should you be voted upon favourably, you would have to start to hit the ground running on that issue. I want to also finally ask you, again, Madam Chair, just one more item if I may. yes you may thank you kindly um in your your uh application here well your questionnaire also it it spoke about attachment under uh item number 31 which talked about uh what is your view and understanding of equal employment opportunity and sexual harassment it says see attached but we have no attachment so kindly provide us with your view on those and that item well equal employment opportunity equal employment would entail not not judging people on age or any other type of discrimination give everybody an equal opportunity to to participate in the workforce without any without any biases sexual harassment basically is what it says if it's if the answer if this if this statement is no the answer is no okay thank you madam chair for your leniency I will be ready to vote at the appropriate time thank you kindly mr. McGrath thank you senator thank you senator Joseph senator Milton Potter you 1:26:52 may proceed for five minutes thank you so very much madam chair morning colleagues and a special good morning to mr. Clement Kane McGrath the governor's nominee to the PSC mr. McGrath I hesitated a little bit because I don't know what to call you mr. McGrath senator McGrath commissioner McGrath director McGrath, you've held so many hats in this community. Your contributions to the community I think have been very significant. So I think that you are eminently qualified to serve in this position and you would be a strategic addition to the PSC. I think you would bring value to this very, very important commission. Now what would you say is the most significant attribute that you possess that you would bring to the table as a member of the PSC? 1:28:43 Personally speaking, I think my open-mindedness. I think I'm open to listen and everything is not cut and dry. You've got to listen to both sides and I think this is what the PSC is supposed to do. They're supposed to listen to both sides and balance the acceptable rate of return with in return in exchange for good service and reliable service. And I think my open-mindedness and willingness to listen is what is the asset I bring. Awesome. 1:29:42 Is there an area, and I know you're not on the Commission as yet, but is there an area, area just from your being on the outside looking in and you seem to be someone who has done your due diligence with regards to what's happening in the area. Is it an area that you would say the PSC does well and an area that the PSC could do a better job in? You know, I haven't really been a member of the PSC and I've only attended one meeting by Zoom, the other meetings were postponed or cancelled, so I haven't really had a good opportunity to assess what their strengths and weaknesses are. I know that they do have a very good, qualified staff and I've been really impressed with that because whenever I requested information in order to prepare for this hearing, they were ready. They had what I was looking for. 1:30:23 Excellent. Another one thing that you hear from customer, and I believe that the PSC does a good job, the staff is a strong staff, but I know one thing is the customer complaints part of what they do. And I was wondering if that was an area that, and again it's unfair to ask you going in, But that might warrant some level of review to make that process a lot more effective. I'm sorry, can you clarify a little bit? Well, I know one thing that, one responsibility is when, for example, a customer may have some concerns about their WAPA bill, you know, they may feel as though they weren't being treated fairly by the Water and Power Authority. Just as an example, so they come and they bring their complaints to the PSC. So I was wondering whether or not there ought to be a more efficient process of taking complaints and alleviating or addressing the complaints that consumers have. Well, first of all, and you're speaking to the right person because I've had my share. I know. I think individuals or customers are required to bring their complaints first to the utility. 1:31:24 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 7 of 19 Legislature USVI · | Committee on Rules and Judiciary They must go to WAPA or whomever first and try to resolve the complaint there. And then if they're unable to resolve it, then they can go to the PSC. I think the PSC, if I remember correctly, has maybe one complaint officer and I think this is a, if you really want service, you're not going to get it with one complaint officer. You need more, you need more people to take those complaints because they're going to keep coming. As things get harder and service deteriorates, I think you're going to need more complaint officers. 1:32:56 So I think this is one place where the PSC can, you know, get better. Exactly. And for people to feel as though they're being heard, and I think, so you would be an advocate for beefing up the staffing of the PSC to include more complaint officers who can address... Well, my background is consumer services. One of my backgrounds, I should say. So you know, yes, this is a concern of mine. that customers are able to bring their complaints and to have their complaints resolved. Yes. You know. Yes. Okay, now the transition to clean, sustainable energy, that's a significant priority for communities, not just ours. And I wanted to know whether this was a priority of yours as a new member of the Public Service Commission, and how do you plan to promote um energy initiatives and support uh the integration of clean energy technologies into our system i know wapa the water power authority has been talking a lot about getting more renewables um on the grid etc etc so i i just wanted to get a feel for your um your knowledge or your knowledge of this whole renewables area and what can we do to make this a reality in the U.S. Virgin Islands? 1:33:34 Yes, WAPA has been talking a lot, and that's what they've been doing, talking. Time. There are renewable energy companies out there who are willing to provide service. I think we have to recognize renewable energy as part of the solution, not the entire solution. We cannot go all in one direction and not the other. So I think we need to get some renewable energies, some that they're using right now, the generators. And so it needs to be a contributing thing. you know some some renewable energies and I think we can get as much as 25 to 50 percent renewable energies within the near future which would take the pressure of WAPA because our community is growing and so there'll be a greater demand for power. Okay. 1:35:05 Thank you very much. But WAPA needs WAPA needs to be sure that they have contracts in place with these companies to provide that that renewable energy. I know they've been talking about having these power purchase agreements in place. That is something that definitely we need to keep a handle on with the Water and Power Authority. And in your capacity, I'm sure you would be able to keep the feet to the fire to ensure that this is more than just talk, but it's something that we can actually see come to fruition. 1:36:04 So at the appropriate time, Mr. McGrath, Commissioner McGrath, Senator McGrath, you will get my full support. I believe that you bring a lot to the table in this very important position. Thank you, Senator. Thank you very much. Thank you, Senator Potter. Rules is one of my favourite committees. When I served in the 30th, I was the vice chair and I always looked at this committee as the big job interviewing process you know not technically a paying job but these boards and Commission they all have different missions and function and I am always excited when I see individuals that come before us that understands the mission come with new ideas suggestions and thank you for providing us today because you have a responsibility when you are in these positions you have a responsibility to make sure that you carry out the mission the financial fiduciary responsibility to these commissions and boards so thank you again. At this time, Senator Bulquez, you may proceed with five minutes. 1:36:37 Thank you, Madam Chair. Good morning, Madam Chair. Good morning, colleagues. Good morning to the listening and viewing audience. Good morning, central staff. And of course, good morning to nominee Clement Kane McGrath. Based on the information provided in the candidate's resume, it's clear that Mr. McGrath possesses the necessary education and experience in the required categories as outlined in Title III VIC 273, specifically your extensive experience in public administration as a former senator, a commissioner of licensing and consumer affairs, a deputy director of grants management at OMB, administrative law judge, hazard mitigation officer at VITEMA, and the list goes on all areas that require sound leadership and decision-making qualities you are definitely fit for the position i do have some questions based on your testimony that you provided you highlighted an issue a number of issues regarding one of which was regarding the saint thomas saint john ferry services as we know that there's a discussion surrounding um locals versus tourists and the rates that they should pay uh you mentioned the importance to residents and students as well and i wanted to know how would you ensure the quality and affordability of this critical service that obviously benefits the both islands in this district well i'm not sure we can guarantee affordability but we certainly can try Right. 1:38:06 I think a continuous monitoring of the services provided, I don't think there's very much problem with the service. The cost is very difficult for these companies to absorb all the expenses that are associated including fuel. You mentioned about the controversy with senior citizens paying more or less, whether they're born here or not born here, and that is a problem to be wrestled with. Personally, as a senior citizen, I think all senior citizens should get a reduced rate. 1:39:39 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 8 of 19 Legislature USVI · | Committee on Rules and Judiciary Most definitely. Most definitely. I agree. I second that motion. You also mentioned reviewing past records of the PSC, consultants, and even conducting audits, particularly of WAPA and the LIAC. How would you ensure the recommendations made on these reports are implemented by the Commission? Well, I think one of the things that the audit would provide us with is a guide as to what the actual numbers are and whether or not that LIAC has been used for what they said they would use it for, which is fuel. it is being used for something else that's a problem. That's a problem because that means they've been misleading the consumers of the Virgin Islands and the consumers may have been paying more than they need to pay if in fact they've been using the LIAC for other things. I understand that that WAPA is behind the ball. They're behind a lot of outstanding debt that they need to catch up on and I think that it's a tough not to crack if you'll excuse the expression but I think we're moving in the right direction with WAPA I think we are bound to see some rate reductions within the next year or closer a year based on the projections that they have presented and I think I think better days are ahead i most sincerely hope so as well but we do know and i'm not asking you to say i'll say it we know that the liac has been used for a number of things one minute that is something that is an issue within itself as you mentioned the commission also often reviews and approves rate increases particularly for utilities you know it's been spoken about concerning the water issues it's sort of almost at the cusp of an emergency here in the virgin islands and as a 1:40:21 commissioner with what is at hand before us concerning the lead and and the issues with the water how would you as a commissioner try to protect not only just the consumer i know that you still have a responsibility to the provider as well but in this case it seems as if the consumer is the one who is losing or not benefiting from the situation, whereas they may have a health issue at hand. What would you institute or lobby for as a commissioner on behalf of the consumer in such a situation? 1:42:25 It's difficult to say right now because I don't know what the technical problem is with the water, why it's brown, if it's the pipes, if it's WAPA producing bad water. I don't have that information at hand, so it's difficult for me to say, but I think at some point that entire area that is affected by this bad water needs to have a new infrastructure built in. And I think this is where it's going to have to be a joint project with WAPA and the legislature and the Governor to find the funds to redo the piping and, you know, what's necessary. 1:43:01 If that's a problem. Very good answer, Senator. I appreciate you putting yourself up for us to become a PSC Commissioner and I will be definitely voting in the affirmative at the appointed time. Thank you Madam Chair. Thank you, Senator Bulquez. Senator Gittins on St. Croix, Majority Leader, may you may proceed with five minutes. Thank you, Madam Chair, afternoon, good morning to all. 1:43:45 Welcome Honourable King McGrath, how are you today? Good morning. Great. Thank you for your willingness to serve in this capacity. As I was reviewing your testimony, it was moving. And one thing I always say to individuals who are nominated for these Boards and Commission, I like to remind them that every tub must sit on its own bottom. And as I review your testimony again, I'm seeing that you sit. And I want you to sit firmly. My good colleague here in St. Croix quoted you where you said, while it is not the purview of the PSC to regulate WAPA's day-to-day management practices. It is important for the PSC members to acquaint themselves with the gross mismanagement documented in the report regarding VETO contracting process because such waste can only be recuperated through the rates regulated by the PSC. He went on though to say that I believe that members are asked to increasingly raise rates to VA consumers to pay for whopper's waste and management and mismanagement under the guise of increased operating and fuel costs. What I wanted to ask you though with regards to this is what are your 1:44:24 thoughts of the the depending audit of this VTOL contract and whether or not not you believe that the PSC in itself could have played a better role in preventing the extreme cost overruns? It's a very difficult question, Senator. Whether or not the PSC may have played a role, I'm not sure about that. I think the, um, I think WAPA need to be more, maybe if the PSC had held regular hearings and in those hearings, uh, continuously asked for updates on, on that contract. 1:46:16 It seems to me that that contract was changed so many times, um, to increase the amount of money being required to complete the project. It's almost like the old government trick of, you know, you make one bid and then the bid grows and grows and grows and the bid is, the final price is not even related to what they originally bid to do the project. Two minutes. I think this is what happened with the VITAL project. 1:47:05 It just got out of hand. So I'm looking forward for you to be the eyes and ears of the ratepayers, for sure. We need some pitbulls on this. Something else that you also mentioned in here where you spoke to the VI Ratepayers Bill of Rights that we pass here in the legislature that it provides that ratepayers have the right be given accurate and understandable itemization of billing. However, you say, how is this possible when WAPA continues to issue so many bills stamped as estimated? So how do we intend to address this? And do you think that this is part of the commission's responsibility to also address this? Absolutely. And this is where I will be a pit bull because I seriously believe that there There is a serious problem at WAPA. 1:47:36 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 9 of 19 Legislature USVI · | Committee on Rules and Judiciary They instituted something called the AMI, automatic, the meters that could be read and now that that system is not working, it is my understanding that FEMA has just completed a study which I've requested a copy of and I still haven't seen, but the study is supposedly finished and they are supposed to find a way to correct that problem which is a billing problem. In my particular case, I live in Fortuna. I don't even have a new updated meter and I can't get my meter replaced. I have been getting estimated bills for more than a year. And are they estimated correctly? Are they estimated in WAPA's benefit or are they estimated in my benefit? 1:48:37 Am I going to get a huge bill later on? This is a serious problem. So as a regulating entity for WAPA and you realizing that they are blatantly violating the laws of this territory, as a commission member are you willing for the commission to take them to court in order to adhere to the laws of the Virgin I would first be willing to hear from them and find out why. 1:49:27 I don't want, I wouldn't want to take them to court and then find out that the company that manufactures meters is not able to provide them with sufficient meters. I mean, I'm just using that as an example. So first I want to hear the facts. I want to know why. So, so I'm not talking about the meters. I'm going back to your statement with regards to the rate payers bill of rights. them still estimating people's uh bills well they're estimating the bills because the meters are not working and if they can't you know i don't know why the meters have not been replaced i don't know if it's because they can't get them or if they've just been delinquent in that in that time time won't be called but you you you're losing me a little bit there you had me really there a minute ago but you you're getting soft on me the thing is is that they gotta hire people and get them out there to to to read people's meters you can't sit in there and continue to to estimate the continuing to violate the laws over and over and nobody in taking them to court this vital thing stressing everybody and we see what's going on in the world today but it is high time for us to whole WAPA accountable, not only with the VTEL contract, but all those other contracts and whatnot that we were able to get out several years ago when we had to subpoena them here. And lastly, if I may, I believe time was called by now, but Madam Chair, can I conclude here? 1:50:01 You can conclude. I was just going to say time. Thank you so much. No, I ain't violated. I'm asking. Thank you so much though. the way you spoke to the VA waste management authority and you gave them some some kudos that they appear to have become a well oil operation providing dependable services except for one thing one noticeable thing and that's that the order PSEs some money so you asked does this mean that they will continue to refuse to pay their assessment to the PSC, as required by law. How do you think that you will be able to address this with your colleagues once confirmed? 1:51:38 Well, I think it's an issue that needs to be brought before the legislature and the Governor As to why they're not paying their assessments, um, there, there, there can be, um, a resolution to that problem if the legislature appropriates sufficient funds to cover that. If in fact they're saying that they cannot pay, but if in fact they're refusing to pay, that's a different story altogether. And um, I will let the hammer fall on that one. 1:52:29 And again, you're going south on me. You sat right in here and you know that they present a budget. There's hardly ever a time where an agency present a budget and they don't get what they ask for. But I'm looking forward for your expertise and leadership there. I almost asked you about what you think about your experience as a former DLCA commissioner, what you bring to the table. but you answered it right here on page two of your testimony so we wouldn't rehash that at the appropriate time uh i'm willing to support your nomination and i wish you the best thank you madam chair thank you senator gittins colleagues at this time we have concluded our first round of questioning and I will just give my colleagues the opportunity if anyone has any other burning question that you may proceed at this moment or we can go straight into taking a vote senator Gittins senator Johnson on st. Croix Senator Potter anyone no further questions at this time I will here entertain a motion motion motion Senator motion can you please recognize senator hold up hold up Senator Gittins yes you did ask if we had one more I do okay okay I'm sorry I didn't hear an immediate response you may proceed thank you so regarding via notice here that you stated that via rates can only be monitored and approved by the PSC as to their landline services we do have a A number of problems with via with the landline services. Since they went over to this new system, you have some box that they say that once the power goes, that this box is supposed to be battery operating and supposed to work for several hours. 1:53:00 But my office has been inundated with a number of calls regarding this box that don't even last 10 minutes at times. What, if anything, can the, or will the, you are willing to do as a PSC member to address this problem, especially for our seniors in the territory? That depends on these landline phones. Mayor Mrakas- Well, the first thing I would recommend, Senator, is that all of those callers that are calling your office be referred to the PSC to file a complaint and allow the to investigate what's going wrong with those boxes and what the problem is. I am not familiar with the situation you're talking about, however I would recommend that you refer all of those callers to the PSC to file official complaints. Good and I'm hoping that they're looking at today's proceedings because especially in light of all the power outages, now more than ever they should be able to really see the effects of these boxes. 1:55:25 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 10 of 19 Legislature USVI · | Committee on Rules and Judiciary Thank you, Madam Chair. You're welcome, Senator Gittins. Do I hear a motion? Recognize Senator Carla Joseph on her motion. Motion. Thank you so much, Madam Chair. Madam Chair and colleagues, I move that the Governor's nominee to the Virgin Islands Public Services Commission Mr. Clement McGrath be voted favorably upon in the Committee on Rules and Judiciary and forwarded foot to the full body for further consideration and action I so move properly moved by Senator Carla Joseph and seconded by Senator Bolkis and Senator Potter may I have a roll We'll call on the motion. 1:56:40 Senator Angel L. Borges, Jr. Yeah. Senator Borges, Jr., yay. Senator Diane T. Capehart. Yes. Senator Capehart, yay. Senator Kenneth L. Gittins. Yes. Senator Gittins, yay. Senator Maurice C. James. Senator James absent. Senator Franklin D. Johnson. Yes. 1:57:31 Senator Johnson, yay. Senator Karla J. Joseph. Yes. Senator Joseph, yay. Senator Milton E. Potter. Yes. Senator Potter, yay. Madam Chair, you have six yays, one absent. Thank you, Madam Clerk. The Governor's nominee to the Virgin Islands Public Service Commission Board, Mr. Kane-McGrass, has been voted upon favorably by this committee on rules and judiciary and will be reported out to the full body for further consideration. Madam Chair, I would just like to thank all the members of this committee and especially the members of the legislature for considering my nomination and approving it. I look forward to working on the commission for the betterment of the Virgin Islands. I do not have all the answers, but I'm sure going to look for them. Well, thank you. Thank you. 1:58:00 as I said for your willingness to serve Mr. McGrath I I trust that you're going to do a good job I trust that you're going to be that voice of conscience you bring historical knowledge you are going to be faced with other individuals that may not have like minds like you but I see you as an individual that would be fair respectful and solve with integrity so congratulations and at this time colleagues if anyone had to have any closing remarks I would allow it at this time no hearing none we will take a a recess at this moment. 1:58:55 Thank you. [1 such phrases repeated 8 times · standby audio before the proceeding, transcribed by the recogniser as speech] 1:59:45 I love you. Thank you. Thank you. Thank you. Thank you. 2:03:42 Thank you. We'll be right back. Let's get started. [3 such phrases repeated 18 times · standby audio before the proceeding, transcribed by the recogniser as speech] 2:06:12 It's the intro of mine, it's the earth mine. We'll be right back. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. We'll be right back. I don't know. I don't know. Thank you. We'll be right back. I'll see you next time. Let's go. Let's go. 2:15:12 Let's go. Thank you. Let's go! Let's go. Let's go. Let's go. Yeah, yeah, yeah, yeah We'll be right back. We'll be right back. Let's go. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. 2:23:12 Thank you. Thank you. We'll be right back. We'll be right back. Thank you. Thank you. We'll be right back. Thank you. Thank you. Thank you. We'll be right back. Thank you. We'll be right back. Let's go. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll be right back. We'll see you next time. Thank you. 2:30:42 the committee of rules and judiciary is out of recess madam clerk if you can And please read block two into the record. Block two, governor's nomination of Kasima I Knight-Hodge, Virgin Islands Real Estate Commission. 2:41:42 Thank you, Madam Clerk. Before I have Miss Kasima I Knight read her testimony into record, at this time I will asks for a legal opinion from attorney Carty regarding the contractual employment for the St. Thomas board of trustees that may potentially be a conflict of miss night serving on the commission. So, you may proceed, Attorney Carty. 2:42:25 Good morning, Madam Chair. In response to your inquiry, whether or not the employment of Ms. Hodge for the, as a contractual employee of the St. Thomas Board of Realtors, District Board of Realtors, is a conflict. if she is confirmed as a member of the Virgin Islands Real Estate Commission. It is my opinion that there would not be a conflict. And the context of my response is based primarily on the statute that establishes the Virgin Islands Real Estate Commission, which is codified at Title 27, Section 421 of the Virgin Islands Code. There is no mention in the statute of the St. Thomas District Board of Realtors, the St. John District Board of Realtors, or the St. Croix District Board of Realtors, which I understand all three entities exist. these entities are not creatures or creations whether by statute by regulation or otherwise of the Virgin Islands real estate Commission rather they are trade organizations it is my understanding in discussions with Miss Hodge and the other members of the industry present in the chambers today that this they are essentially trade organizations and together under an umbrella organization of the Virgin Islands Territorial Association of Realtors which indicates that it is as a trade organization is a private entity it is volume membership in the these various district boards are voluntary However, it is the responsibility of the commission to regulate the practice of real 2:43:09 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 11 of 19 Legislature USVI · | Committee on Rules and Judiciary estate brokers, and I believe also appraisers, as delineated in the Virgin Islands Code. These organizations do not have any role with respect to the regulation of the real estate industry. Their role is to ensure the safety of the public and to ensure their members follow the rules that have been set by the National Association of Realtors that are obviously not in conflict with the Virgin Islands Commission, the Virgin Islands Real Estate Commission. And to the extent that you do have realtors that may violate any of the regulations of these district boards, These boards, depending on where the violation occurred in terms of the district, would be the board that would investigate, they would present their findings to the Commission and to the Department of Licensing and Consumer Affairs, ultimately to the Commission of Licensing and Consumer Affairs, who makes the decision with respect to any sort of disciplinary or punitive action against a realtor who may have violated any regulations. So with all of that said, I certainly do not see that there's a conflict with Mrs. Hodge's employment, or I should say her contractual association. As my understanding, she's an independent contractor of the District Board of Realtors, St. Thomas District Board of Realtors. And so therefore, I do not see a conflict if this committee and ultimately the body chooses to confirm her as a member of the Virgin Islands Commission of Realtors, the Virgin Islands Realtors Commission. Thank you, Attorney Cardi, for that clarification. Ms. Hodge and the testifiers that are before us today, I'm going to ask that you, first starting with Ms. Hodge, you put your name on the record. and please be very clear as stating your name and the mic close to you so the stenographer could hear hear everything and I'm always forgetting my housekeeping so I'm going to ask that Miss Hodge that you stand and going to take the oath from you if you can raise your right hand do you some Lee solemnly affirm under penalty of perjury that the testimony you would give to this committee will be the truth the whole truth and nothing but the truth to the best of your knowledge and belief you may be seated thank you you may proceed by identifying yourself with your name and then to your right and then to your left my name is Kasima I Knight Hodge to my right is Suzanne Mabe broker of Suzanne Mabe real estate to the right of her is Dion Neltrop broker of hibiscus homes and to the left of me is Paige Cope who is an agent with Ilania real estate oh you have individuals these testifiers here that they have a testimony with them to be read correct yes written testimony hers is oral Dion is oral she doesn't it written um suzanne and paige has written testimony written testimony oh 2:47:00 so um okay so i will proceed with your testimony first and then we will go to the written testimony and then the oral testimony okay good day honorable diane t capehart chairman chairman of the Committee on Rules and the Judiciary, members on the Committee of the Rules and Judiciary, other senators present, legislative staff, listening and viewing audience. My name is Kasima I Knight-Hodge and I'm honored to sit before you as one of the nominees to serve as a volunteer on the Virgin Islands Real Estate Commission. I offer this statement as a brief introduction to who I am and my vision for the Real Estate Commission. I am a native U.S. Virgin Islander born on the beautiful island of St. Thomas. I am also the proud daughter of the late Wayne C. Knight, who was a great small engine mechanic, entrepreneur, and chauffeur for the Senate Presidents and Senators. My mother, Natalie M. Knight, also an entrepreneur and owner of Mail Stop and a Mutual of Omaha advisor. I have been married to my loving husband, Tyrone Hodge, for 22 years. We have four beautiful children. 2:49:06 Khaleesia, a double major graduate of Northwestern University in Chicago. Kamair, a sophomore at Morehouse College in Atlanta. Khalid, a senior in high school, a dual sport athlete focusing on engineering and architecture. Kamil, a freshman in high school with interest in sports, arts, and design. Blessed with opportunity to attend both public and private education. I have attended All Saints Cathedral School and graduated from Charlotte Amali High School in 1999. Continuing my education at Clark Atlanta University, I earned a bachelor's degree in sociology in 2003 and later a master's degree in business administration from the University of Phoenix in 2007. I also hold a professional standards administer certification steaming from a long line of entrepreneurs who have served our community like my parents and my aunt who has owned and operated celebrate and party in class for over 30 years i've launched a consulting business working in both the public and private sectors where i focused on operational improvements technology integration risk and control strategies. With over 13 years of basketball coaching and mentorship experience, I currently run an AAU travel basketball program and I am the women's head varsity coach at Westside Christian High School. My interest in real estate was impressed upon me by my family. They instilled importance of owning and preserving a part of the rock. My parents taught me that there is value in becoming an educated virgin islander able to share our knowledge with our community and pour back into its growth my passion is about empowering youth and introducing young 2:50:28 virgin islands to all facets of the real estate industry in 2006 i was hired as a chief executive officer for the st thomas board of st thomas st john board of realtors where i provide professional management and day-to-day accounting operations for the associations i have personally i have personally managed the association's transactions to transition to a virtual environment resulting in a 40 reduction in their collective operating expenses i believe a strong real estate commission must be comprised of a diverse individuals that have a genuine commitment to the virgin islands community the virgin islands real estate commission should be the greatest defense and protector for our community and consumers 2:52:22 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 12 of 19 Legislature USVI · | Committee on Rules and Judiciary while addressing the property issues of today and leading an equitable trail for the future as a member of the real estate commission i will work to institute procedures and guidelines that protect the public and foster professional and ethical real estate agents it's my goal to work with different departments within the government creating new workforce opportunities and programs that directly benefit the growth of the virgin islands in the real estate in the field of real estate the virgin islands real estate market is high in demand yet very little virgin islanders see it as an attainable occupation with the personal relationships that the real estate agents have within their communities it's only fitting that the commission work directly to invite involve educate the youth of the virgin islands in the most rewarding profession over the years i have been uniquely positioned to interact with native virgin islanders attempting to enter the real estate industry and consumers voicing concerns or looking for resolutions my vision for the real estate commission is to implement up-to-date policies and procedures for property management real estate consulting real estate investors title companies closings closing processes and buyers and sellers my leadership and administrative skills have equipped me with a unique perspective and i am eager to learn all the functionalities of the real estate commission and provide securities to members of the public and the community I Would like to thank the Honorable Governor Albert Bryan and lieutenant governor Troganza Roach for their confidence in this nomination Thank you to the 35th legislature for considering me for nomination and the opportunity to serve as a volunteer on the Virgin Islands real estate commission Thank you Then the next Testifier may proceed with your written testimony My name is Paige Cope. I'm a realtor on St. John with Eilandia Christie's International Real Estate Brokerage Thank you for allowing me to present my testimony on behalf of Miss Hodge To Honorable Diane T Capehart chair of the Committee on Rules and Judiciary I am honored to write a letter of endorsement for Miss Cosima Knight Hodge to be considered a member of the Virgin Islands Real Estate Commission I have worked with Miss Hodge for almost seven years as a realtor on st. John Most recently as the st. John Board of Realtors president I could not do my job as president without massage as a mentor and a guide Her knowledge of our business our market our members and the Virgin Islands is impeccable and incomparable to others I have no doubt that she will make an extremely sound board member of the Virgin Islands real estate Commission Thank you Thank you, Miss Cope Next, Mr. Faheyer. 2:54:41 Yes, good morning. My name is Suzanne Mabe with Suzanne Mabe Real Estate, and I want to thank you for giving us the time to speak in support of Cosima Hodge. And I'll read my letter now. Thank you. Dear Honorable Senator Capehart, and to all the senators sitting here and all who are here to listen, I'm writing to strongly support the appointment of Cosima Hodge to the Real estate commission with her more than 15 years service as the executive officer to the st. Thomas Board of Realtors she is uniquely qualified to sit on the commission it is hard to imagine that another candidate can bring the breadth of knowledge that Cosima Hodge has attained through her professional capacity as the board's executive officer annually Cosima has participated in conferences specifically for executive officers for real estate associations nationwide to ensure those executive officers are kept abreast of the changes in the legislation and court decisions and professional standards and procedures that impact our real estate industry locally with this knowledge and her continuing professional connections i feel certain she will be a valuable resource as the commission undertakes its work to ensure the community's realtors meet their professional obligations and are serving the community during her tenure with the board she has conscientiously and professionally performed her role whether it has been assisting the board of directors to institute programs helping the realtor members or responding to questions from the public i hope her appointment will be given due consideration and confirmed respectfully submitted. Thank you. You may proceed with your oral testimony. Good morning 2:56:15 Honorable Senator Caphart and other senators here on St. Croix. I too am honored to be here this morning in support of Cosima's nomination. As a past board president as well Cosima was wonderful support. She keeps all 150 local realtors on St. Thomas in line following the national guidelines our local guidelines her help in community benefits with we we give three or four high school seniors scholarships every year for writing essays and she is integral and keeping everything together and making sure all the folks at the schools know about it and collecting the essays and we wouldn't be where we are today as an association without Qasima's work for the past 15 years. Thank you. 2:58:14 Thank you. Colleagues, this is block two and we have our nominee before us today. In the first line of questioning in block one, I gave five minutes. Um, I'll give seven minutes, um, for our first round of questioning. Um, Senator Carla Joseph, are you prepared? You'll be the first, um, Senator to start with your line of questioning. Seven minutes. 2:59:08 Uh, thank you so much, uh, Madam Chair. Thank you, Ms. Hodge, for agreeing to serve on the Real Estate Commission. I know you have some background in working with both the St. Thomas Board of Realtors as well as the St. John Board of Realtors. I wanted to ask because I looked through your questionnaire and I saw that we had some areas in your questionnaire that remained unanswered. 2:59:46 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 13 of 19 Legislature USVI · | Committee on Rules and Judiciary Specifically, and I know the attorney, our attorney legal counsel spoke about the conflict of interest. But on the questionnaire portion, you left that part blank. So we need to get an understanding. If you, and I'll be specific, it was question number 26, at least what we have in our record. That portion was unanswered. And so I need to get from you on the record, what is your understanding of conflict of interest? 3:00:24 So my understanding of conflict of interest would be, I think it's best if I give an example, if with my current position with the St. Thomas or the St. John Board of Realtors that I had any direct capability of instituting change unilaterally that would also have an impact on the commission or vice versa. In other words, I don't have unilateral decision-making if I was appointed to this commission. It would have to be voted on. 3:01:08 There would be a process. I can't institute any change that would directly benefit myself as an individual or any one realtor on the St. Thomas or the St. John Board of Realtors. Now that is a really good example. Now my other question would be relative to your, the Board of Realtors in St. Thomas and St. John, are all Realtors members of these boards licensed Realtors? Licensed Realtors? No. 3:01:41 So let me clarify. To use the term Realtor you have to be a member of the St. Thomas, St. John or St. Croix Board of Realtors in order to use that term. Otherwise you are a real estate agent and you hold a real estate license. Okay. Which is issued by which entity? The Department of Licensing and Consumer Affairs. Or should you be selected as the commissioner on this board, it would be issued by... The Virgin Islands Real Estate Commission. 3:02:21 Very good. Okay. So that's one area that I noted. And now you mentioned also on the questionnaire, well in your testimony that you have actually provided services to private and public entities. We did have a question on this. In this same questionnaire and that was blank is number 11B. It states, list and attach a copy of all service contracts you have held independently or been a party to with the government of the Virgin Islands. So my question, were these public entities with the government of the Virgin Islands that you've worked with? None of them were or on the island of any of the three islands of the Virgin Islands. Okay. So the public entities were? In the states. 3:02:50 In the states. Correct. And kindly indicate for us which states you specifically worked in the public sector with. worked in Georgia Florida and Portland Oregon and Alaska okay and in what capacity were you performing work in the public sectors in the public sectors I worked and this was when I was just beginning the business so a lot of this stuff was volunteer before we got really deep into it we worked for a construction company mostly they were nonprofits which were youth organizations forward facing for instance a soccer organization that was just kind of getting together quite a few basketball organizations throughout Alaska Portland things like that okay thank you now have you ever had an opportunity to to serve in a policy making uh position no um i'm going to pull it out from you because you may not know this uh have you been um a governance have you been um a pta baseball basketball organization where you've served in a position where you were an executive member like an officer president vice president yes okay okay so you have in what position was that um for basketball it was the vice president of a different travel organization i've created two independently one was i was just the executor for that association so i was in charge of formulating everything and bringing it together but someone else was the head for another one i was actually the vice president and part of policy creation bylaws creation which is some 3:03:43 of the same stuff i do for the saint thomas and the saint so you see you have been one minute a part of policy making i know sometimes people get it all uh complex it's it's not complex it's the same so i was trying to see if you're familiar with governance correct okay and so you have served in a governing authority and position before based on being a vice president of an organization correct correct and you understand uh clearly uh what rules that you follow as far as the order Finally, let me just wrap up, Madam Chair, I don't think my time has been called. 3:05:53 But on the Chair's time, tell us what are your two priority items for this board that you are nominated for? Two priority items would be creating a little bit more of a simplistic method for members of the public to file complaints if needs be and create a transactional process that shows how that is being moved forward. Because we have people that have issues. They don't always have a direction as to where they can or cannot complain or how do they go about it. Right now, if it's not immediately handled, it's automatically, well, I'll file a lawsuit. that that doesn't always help the the licensing body know that there's a problem with a particular realtor or real estate agent okay thank you so much madam chair for the leniency and thank you so much miss Hodge for your responses thank you thank you senator Joseph at this time as you miss Hodge you were reading your testimony I read this today but when it really like hit me mr. Knight who worked here in the legislature is your father what a good man what a good man I was taken back thank you because he served this institution with pride and he was a good man and I just want to say that the those who worked with him will always keep him in mind so he would be proud seeing you here today don't get emotional because I was I was really yeah I 3:06:35 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 14 of 19 Legislature USVI · | Committee on Rules and Judiciary I would just say thank you yes my colleagues are asking we take a recess we'll take a recess Thank you. Thank you. We'll be right back. We'll be right back. 3:08:39 The committee of rules and judiciary is out of recess those who are listening and viewing we just had to take a personal moment and reflect on Mr. Knight who served this institution well and this is his daughter before us today so we just wanted to do that you know personal take as to remembrance of him so I'm going to just say when I see in the well today individuals who come before us today to give testimony and those who are sitting in the chambers in support I I I take note of these things for boards and Commission that tells me that they are in support of this nominee and for someone who's actually worked correct me if I'm wrong if I do my mat wrong for 14 or 15 years in the board as a contractual employee and you do this remotely and you have been working for this long that means something that says a lot and for them to be here in support for you to serve on the Commission that says a lot so colleagues I would proceed with Senator Potter with your seven minutes Thank you very much Madam Chair. Good afternoon to our nominee, Ms. Hodge, as 3:11:09 well as all of the supporting folks who came here to endorse your appointment to this very important real estate post. I know that this has been a long time coming for you because I remember when I sat in the chair you were initially appointed in the 34th legislature and it just speaks to your perseverance and your persistence. Nothing good happens before its time. So thank you for hanging in there with us. One thing that I learned, I know it's not directly related to real estate, but I smiled when I saw that with over 13 years of basketball coaching and mentorship experience, you currently run an AAU travel basketball program and you're the women's head varsity varsity coach at Westside Christian High and I smile because just yesterday we had Aliyah Boston here in the audience we gave her an award and she was talking about possibly developing a some sort of AAU travel basketball program here in the territory so I hope at some point you and Aliyah Boston can connect and collaborate into doing some great things in women's basketball here in the territory. Okay, to the matter at hand now, we were talking about a conflict of interest which kind of I guess led to the delay of this hearing and I wanted to ask you, do you have or would you have any issues sanctioning a member of the real estate community if they did something that was an infraction of the violation of the the rules and policies if 3:13:03 that person was someone who you worked for no what are your thoughts on that handling something like that. At the end of the day, the rules are the rules. And if I give a pass to one person, it's only a matter of time where I have to give a pass to someone else. So it's important to stick to those guidelines because there's someone on the opposite end of that that is feeling the rebuttal of that decision. So it's important, friend or no friend, associate or no, the rules are the rules. Okay. So those ladies who testified so glowingly on your behalf, you can look them in the eye and say look you did something wrong and i'm recommending a sanction to the commission with all honesty the ladies sitting beside me and everyone else in the gallery have received a call from me on one or other occasions that they have done something wrong or that they can't do what they want to do i'm glad to hear that um how familiar are you with the current issues affecting and I would imagine that you are given the rule that you currently have but how familiar are you with the issues currently impacting the real estate market and you care to share with us your your thoughts on that the current issues stem from just there has to be a further conversation than just buying and selling of property and land there should be a further conversation deeper into education and paying close attention to the laws that we have at hand the laws that we have at hand are a little bit behind how real estate is operated period and quite frankly the people that get hurt the most are the members of the public and speaking very frankly it's the members it's local virgin islanders they don't understand 3:14:55 what's happening they don't understand the transference of wealth they don't understand what is at hand and you can never get that back for the dollar that you sell you sold it at and you put that at hand that's just a small portion of it there's also the portion that discusses property management where there's not a lot of verbiage that addresses that where you have people that have no experience at all three minutes they may be fresh out of college and they are now managing someone's property they're handling money and these owners think that these individuals are trusted then you have situations with airbnb which is its own issue in itself and now we're at a point where the the medium home price is well beyond what a local virgin an islander can afford and that is someone even working at a government job it's just a hard thing to discuss but it's something that we have to address i'm glad you went there you know that's something that we've been really struggling with here in the territory as legislators the idea of affordable housing for middle-income persons in the territory it's really the you've been priced out of the market for all intents and purposes and i i don't know i know your job and your role as real estate agents ultimately is to um i guess maximize your as business people maximize you know different from anybody else max so this is not a slight maximize profits but i would i would interrupt for a second it would it's more so to assist along the process of the actual transaction okay because if you have someone on one end that is more versed that person will knowingly or unknowingly tend to take a little bit more advantage of the person who is unknowledgeable in the situation. So to help manage that and they will too have to make 3:16:48 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 15 of 19 Legislature USVI · | Committee on Rules and Judiciary a living as well. Awesome. There is, we've been talking about having a housing summit and I know absolutely there should be a role for realtors in that discussion as to as to where we need to go maybe we need to rethink you know what housing units should look like maybe we need to be have smaller units maybe we need to think about going more vertical i i don't know the cost of construction those types of things that drive the you know uh you know home ownership out of reach for so many in the territory so definitely along the way we'll be inviting the real estate commission to have a seat in that you know when we have that summit to offer your suggestions and your thoughts on how we can positively begin to impact um or provide real estate opportunities for local virgin islanders but i wanted to ask you a question too. Is there a role for the Commission in I guess bringing or educating local Virgin Islanders about employment opportunities or career opportunities in the real estate business? I think that there is and I think that if we utilize the temporary license that we currently issue on a a six-month period. I think if we utilize that that time period and that type of license to take the efforts to help educate and help not just the agent but also the brokers like if we give them guidelines we can use what we already have to produce better professionals. Thank you very much Ms. Hajj. At the appropriate time I plan to vote in the affirmative for your confirmation to this very 3:18:45 important board thank you thank you senator potter senator bold kiss you may proceed with seven minutes thank you madam chair um good afternoon madam chair and colleagues good afternoon to miss knight hodge for the real estate commission i wanted to ask um could you provide some details about the policy and procedure changes that you envision uh for the property management real estate consulting real estate investors title companies closing processes you know you you envisioned in your testimony you envisioned changes could you share what some of those changes would be i would like to see more of a streamlined process um starting with an actual property managed license property management license that requires some education Anything that requires you taking someone's most prized possession should require you to complete some level of education and be held at a particular standard. At the same time, the title companies, right now closings are held for the most part through the attorneys and it's pretty much a game of go fish. The agents are responsible for helping through Tidal and helping through all of these processes. And it would be a lot easier, not just for the agents, but for our community in itself and our government offices, if we were doing a better job communicating and working with each other to streamline this process. 3:20:44 Okay. I appreciate that answer, and I think that would also tie into what you also mentioned concerning uh the virtual environment um concerning you know sort of bringing up the realtors association or or and it would help with cost savings correct so currently what is the environment there is it all paper-based or are you talking about uh enhancements of some sort what what are you talking about in definitely enhancement it would be easier um to start with probably the recorder of deeds help them get everything online which makes that database a lot more easier to search I know that's a process that they've been working on if needs be they can also be a paywall created so that you know who's accessing the system you know what they're gaining access to so it's not just like you're putting everything online and you're making it free to all no you're putting it online but you're still maintaining control so that we as the government knows what's happening I like that notion because then you have sort of a particular stamp as to who accessed when they accessed so that we sort of are able to in a sense of track because we know that you know property is a commodity that that's the hugest investment that you can make in life right right property right whether it's a piece of land or a home just to have that sense of comfort comfort within yourself and for your family and we know that there has been a lot of instances in the past where there have whether it's an internal family strife or if there's situations with probate situations with individuals who sort of access people's property unbeknownst to them etc etc we know the list goes on and on um but i i believe what you're insinuating concerning that virtual environment is something that the lieutenant governor's office should also invest more in so that it also makes it easier not only for them to operate but of course individuals in your profession to be able to access information um a bit easier so that we can get the ball rolling down there down the road correct um you also mentioned um key challenges in uh issues facing the virgin islands um pertinent to the real estate market um how do you plan to address them as a board uh commission a commission member i'm sorry 3:22:26 i don't have a direct answer to that but i think it's a conversation that needs to be had very very openly for instance we have properties right now that may be sold for between four to six hundred thousand dollars and they're not being sold to locals they're being sold to people that come in investors or people that are relocating i call them transplants however when they come in and they put in repairs on that house and then they turn around and put that house up for sale that house is now maybe about 1.2 1.1 so now with it was potentially attainable now it is beyond reach for a local so the question is how do we how do we handle that how do we discuss that amongst the other governing bodies how do we create programs that we're not trying to completely solve the problem we're trying to put people in a position that they can help themselves so we can all help ourselves out of the problem okay thank you for that answer because um you know I believe it's relatively important that we try to balance the scales in the sense of I'm happy to see yourself coming up to this position and we have some individuals in the audience to include miss Williams who's also a local person in the 3:25:03 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 16 of 19 Legislature USVI · | Committee on Rules and Judiciary industry of real estate and I would like to see more of our young people getting involved in the real estate industry and before my time expires, I wanted to know what specific qualities or experiences from your background as an MBA and your work as the CEO of the St. Thomas St. John Board of Realtors make you well prepared to serve as a commission member? I think that I provide a very unique perspective. many instances we have people that just look at one minute and the selling of the property but there's a lot of intricate details that go through that process there's a lot of things that should be happening um i would like to see more classes on home buying i would like to see maybe opportunities that not just finance provides but maybe the banks are providing not people don't know of loan opportunities i had certain family members recently just come to me to help with the process and everybody doesn't have someone in their family that they can turn to so the question is what are we doing as a community because we want locals to buy we want locals to stay home but we're not putting enough things in place. So I think that quality is just unique and that different perspective because the person in the middle is still missing. 3:26:50 Thank you so much for your responses and I understand that you're here for the second time and thank you for not giving up and we look forward to voting in the affirmative. Thank you, Madam Chair. Thank you. Thank you, Senator Bulquez. Colleagues, this completes our first round, but Senator Joseph, you have a question? Yes, Madam Chair. You may proceed. Thank you so kindly. I wanted to ask you, and this portion of the questionnaire was not completed as well, so we could just have it placed on the record. what is your view and understanding of equal employment opportunity and sexual harassment my opinion on that your view my view and your understanding of of equal opportunity equal employment opportunity and sexual harassment everyone should have the ability to apply and be employed and they should be able to do that unharassed and uninhibited by anyone for anyone else's personal gain or goals okay and that's the equal employment opportunity everybody should have an opportunity in even if they have based on not based on their sexual orientation their race their religion strictly based on qualifications just on their merit correct on their merit and then what about sexual harassment it's no place for it okay even in the board of realtors yes no place for it no place for and that with the clients and their uh real estate agent or broker correct okay all right thank you so much madam chair thank you senator joseph um lastly i would just 3:27:56 like to uh Ms. Hodge you mentioned in your closing in your testimony my vision for the real estate commission is to implement an up-to-date policy and procedures for the property management real estate counseling real estate investors title companies closing processes and buyers and selling sellers can you expound on your vision so as i was explaining to senator Boquis was that I would like to see a more streamlined process. Streamlined process that have the entities communicating with each other. I think that it's my experience that the realtors or real estate agents are handling too much of that process and right now attorneys are the ones that are doing the closings. We have limited attorneys that can actually process that and so maybe having a third party maybe having a title company I know that we have one on island but most attorneys own their title company however how can we streamline that process not to mention including the recorder of deeds in that as I was explaining before putting together a completely automated database removing paper files but still protecting that data not open it up to the public without protection access on payment or accident on request but making things easier for our government offices to be able to provide information to the attorneys the real estate appraisal real estate agents and appraisers thank you for that response senators at this time if 3:30:02 If there's no other questions, any burning questions, I will entertain a motion, but I think Senator, I'll take a quick recess at this moment. The committee and rules and judiciary is out of recess. Do I hear a motion? 3:31:54 Motion. Recognize Senator Potter on your motion. Thank you very much, Madam Chair. I move that a nomination of Sorry, the nomination of Cosima I. Knight-Hodge, the governor's nominee to the board of the Virgin Islands Real Estate Commission, be successfully voted upon in the committee on rules and judiciary and forwarded to the full body for further consideration and action. I so move. 3:32:43 Properly moved by Senator Potter and seconded by Senator Borges. May I have roll call on the motion? Senator Angel L. Borges, Jr. Yeah. Senator Borges, Jr., yeah. Senator Diane T. K. Park. Yes. Senator K. Park, yeah. Senator Kenneth L. Gittins. Senator Gittins, absent. Senator Maurice C. James. Senator James absent. Senator Franklin D. Johnson. 3:33:18 Senator Johnson absent. Senator Carla J. Joseph. Yes. Senator Joseph, yay. Senator Milton E. Potter. Yes. Senator Potter, yay. Madam Chair, you have four yeas, three absent. The Governor's nominee to the Virgin Islands Real Estate Commission Board, Kasima Knight-Hodge, has been voted upon favorably by the Committee on Rules and Judiciary, and will be reported out to the full body for further consideration. Thank you, ladies. 3:33:54 You did. Well, I'm glad that you... So when you're in the legislature, this is how you, you wave and you clap silently. I just have to say, Ms. Cosima Knight-Hodge, I know you've had some challenges, and you've overcome those challenges. 3:34:33 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 17 of 19 Legislature USVI · | Committee on Rules and Judiciary I would say that you have just passed your first hurdle. As you heard that you've been passed favorably, and you would be forwarded to the full body. So when there's session then the full body would have the opportunity to vote again. So you've passed your first hurdle. Congratulations to you. I look forward to being very optimistic that you would pass the full body and you would serve with integrity and respect and protect the people of the Virgin Islands, St. Thomas St. John as you would be tasked to do I what this time I will give you the opportunity to have any closing words I just want to thank the 35th the members of the 35th legislature for the opportunity and giving me the ability to present here today thank you thank you thank you for your willingness to serve and all those who came out to support you thank you so I'd like to say thank Thank you to all the listening and viewing audience, thank you to my colleagues, thank you to the stenographer, the support staff of the legislature, photographer, and I cannot forget of course my staff for all that you do. Thank you and God bless the people out of Virgin Islands. 3:35:36 This committee is adjourned. I'll see you next time. 3:36:26 People named in this transcript SUSPECTED, and a finding aid only. Names were matched by machine against the spellings used across all 426 of our transcripts, and the title is the one used in the room. Being named here is NOT evidence that a person attended or spoke · only that the name was said. Speech recognition mishears names, so a spelling may be wrong even where no alternative is offered. 14x Senator Milton E. Potter heard in this transcript as: Potter 13x Senator Kenneth L. Gittens heard in this transcript as: Gittins, Kenneth L. Gittins 11x Senator Carla Joseph the surname alone also matches: Clifford Joseph; Karla J. Joseph heard in this transcript as: Carla J. Joseph, Joseph 10x Senator Franklin D. Johnson heard in this transcript as: Johnson 9x Senator Diane T. Capeheart heard in this transcript as: Capehart, Caphart, Diane Capehart, Diane T. Capehart 8x Senator Marise C. James the surname alone also matches: Javan James; Giovanni James Sr heard in this transcript as: James, Maurice C. James, Maurice James 6x Senator Angel L. Borges Jr heard in this transcript as: Angel L. Borges Jr., Borges, Borges Jr. 4x Senator Angel L. Bolques, Jr. heard in this transcript as: Angel L. Bolques Jr., Bulquez 3x Governor Albert Bryan Jr heard in this transcript as: Albert Bryan 2x Senator Angel L. Bocas Jr heard in this transcript as: Bocas 2x Senator Angel L. Bolkis Jr heard in this transcript as: Bolkis 2x Commissioner Clement McGrath heard in this transcript as: McGrath 2x Senator Collar J. Joseph the surname alone also matches: Carla Joseph; Clifford Joseph heard in this transcript as: Collar Joseph 2x Senator Diane T. K. Park 2x Senator Karla J. Joseph the surname alone also matches: Carla Joseph; Clifford Joseph 2x Senator Kaye Part heard in this transcript as: K. Park Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 18 of 19 Legislature USVI · | Committee on Rules and Judiciary 2x Lieutenant Governor Tregenza Roach heard in this transcript as: Tregenzo Roach Bills and acts referred to Matched by number against our own acts corpus. The number is what the recognition heard, so it may be wrong; where it resolved, the title is the one the Legislature gave the act. Act 8452 Act 8452 · May 4, 2021 · An Act amending title 3 Virgin Islands Code, chapter 16, section 273 relating to the Public Services Commission to reduce the membership of the Commission from nine to seven members, to provide for a maximum of two Commission members to reside outside of the territory, to provide for virtual attendance of Commission meetings, to increase the per diem for appointed Commission members from 550 to $175, to establish minimum criteria for Public Services Commission members, to prohibit Commission members from having a financial interest in a utility, to prohibit a family member of a person serving in an executive capacity at a public utility subject to regulation by the Commission from being appo Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 19 of 19