It Takes More Than Sand To Make A Beach

October 15, 2009

Legislature Could Face Fines of Up To $10,000 Per Day

The man-made beach at the St. Thomas Legislature building is illegal and the Legislature’s Deputy Chief General Counsel has recommended that immediate action be taken to reverse the environmental damage the project has already caused.

“A rocky shoreline cannot be transformed into a sandy beach merely by dumping and compacting sand on the shore,” Deputy Chief Counsel Yvonne Tharpes wrote.

The legal opinion was delivered by Tharpes in response to an inquiry by Senator Adlah “Foncie” Donastorg. Donastorg sought the opinion after learning on Wednesday that the area around the Legislature’s building had been improperly altered through the removal of boulders and addition of sand.

The illegal action subjects the Legislature to civil and criminal penalties, in addition to damaging the environment and ecosystem. The deposit of fill material also violates Federal and local water pollution control acts.  This type of violation is classified as a misdemeanor and penalties may include fines of up to $10,000 per day, imprisonment of a term of up to one year, or both. The project also violates provisions of the Coastal Zone Management Act.

The project was also apparently started without the proper permits and Tharpes wrote, “I strongly advise that the Legislature immediately contact DPNR (Department of Planning and Natural Resources) and agree to a corrective action plan to restore the area and mitigate the environmental damage the project has caused.”

Tharpes is a former DPNR employee and an expert in Coastal Zone Management Law.

This all begs the question, who authorized this work?

Senate President Louis P. Hill has been quoted as saying he was unaware of the project, an assertion that Sen. Donastorg characterized as “somewhat disingenuous” in a letter to the President. (attached)

“Given the breadth of your experience as a public official, and your past work on environmental issues, how can you claim ignorance in regard to a project of this scope and considerable expense?” Donastorg asked.

This opinion is the latest in series of events triggered when Sen. Donastorg, after becoming aware of the beach project on Wednesday, reported the situation  by letter to Sen. Hill. He was later assaulted by Legislature Executive Director Louis “Lolo” Willis while he attempted to take pictures of the site. (see “Law Makers or Law Breakers”)

Legal Opinion on Legislative Beach

Sen. Donastorg to Sen. Hill re: Beach

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22 Responses to It Takes More Than Sand To Make A Beach

  1. Bring tears to my eyes on October 15, 2009 at 10:13 pm

    It’s obvious that Lolo Willis on his own part made a decision that was not from good judgment. He did not consult Sen. Hill or the other executive Senators on this matter. Clearly this matter is a judgment call and it was not the fault of the other Senators. Donastorg maybe you open pandora’s box because you also made some improvements to this same area by moving a cistern without the proper permits. I think that needs to be investigated too. What goes for one goes for all.

  2. Gloria Sabino on October 15, 2009 at 10:31 pm

    I heard the comments of Lolo Willis via the radio today and I think he should do proper research before he opens his mouth. The removal of the cistern at the legislature was approved by the Historic Preservation office and was granted after a request from Lawrence Bryan the Former Executive Director. I find it rather disturbing Mr. Willis and Senators can justify such actions by providing erroneous information to the public. I know because I was part of that process. It is really unfortunate that a Senator can be assulted and a group of worthless Senators can stand by and support the actions of a tyrant like Mr. Willis who diction on TV and radio leaves one questioning his education. This has brought the Virgin Islands Senate to a new low.

    Brin tears to my eyes, after hearing Senator Neville James on the radio with some very disturbing comments there seem to be a correlation between the comments you made in this forum. I view this website as being very informative but if we are not careful we can be easily mislead with the misinformation such pundits attempt to disseminate. I guess your right on one point, is it not a conflict of interest the Senators would grant a contract to the father of another Senator? Is this a favor being returned? And yes, I have posted the correct name so come and look me up. Senator Neville James you should be ashame of yourself. I no longer have any respect for you. I am from St. Thomas and will make introduce myself to you at the appropriate time. I am sure you are reading this blog and frankly its America so while you attempt to displace one Senator I am not at all phazed by your tyranical behavior at all. I guess “birds of a feature flock together”. No wonder Mr. Willis can go around the Senate and disrespect a Senator. This is a new low even for you.

  3. Justice on October 16, 2009 at 6:15 am

    Gloria, I whole heartedly agree with your comments. It’s very disturbing to see the misinformation put out by both Willis and Sen N. James. I too have lost respect for Sen N. James. It seems like the N. James and Willis calls to the Mario Moorehead show was orchestrated and planned to discredit the victim. I am sure a lot more residence feels the same because everyone is paying closer attention to events at the legislature.

    This issue boils down to a physical assault on a Virgin Islands Senator. The assault happened on the legislature grounds by one of its employee. Mr. Willis, at a minimum should have been placed on administrative leave pending the outcome of an investigation. Instead, this issue has been allowed to continued to be replayed in the media by Willis reckless comments. According to the time frame that Willis called Mario, he appeared to had been spreading disinformation while at work at the legislature. Remember, he also obstructed VIPD from rendering assistance to the Senator the previous day.

    If anything, I believe this ordeal has strengthen Sen Donastorg as a leader of the people. This beach incident has convinced me that there is a effort within the legislature to harass and shame Sen Donastorg even when he is standing up for the people of the Virgin Islands.

    That tells me that the others can care less about people like me and could care less about law and order.

    There will be a lot of changes to the look of the legislature by the end of 2010. These changes will not be cosmetic, they will be change of senators.

    Thank you Senator Donastorg for standing up for we the people.

  4. minutemanusvi on October 16, 2009 at 2:55 pm

    With regards to the call to VIPD, how could security officers of the legislature STOP “Peace Officers” from serving the public, especially a sitting Senator? The employee’s should have been arrested and charged with delaying and obstructing then pursue the 911 call that was made on behalf of Senator Donastorg.
    Was this a stand down call from higher up? The Chief and Commissioner should be held responsible.
    I certainly hope that the good Senator proceeds with filing the assault charges with the A.G’s Ofc.
    His professionalism of walking from an overweight 250+ lb. IDIOT shows character.

  5. Dennis on October 16, 2009 at 6:34 pm

    I too hope Senator Donastorg file charged against Mr. Willis and maybe sue the institution. If I recall, I attended the funeral of Senator N. James brother and he was there. How could he get on the radio and claim Senator Donastorg was the agressor shortly after the incident when in fact he did not carefully analyze the situation? His comments of the radio was obviously one derived from hatred and jealeousy for his collegue. I have taken notes on his beligerent behavior towards Senator Donastorg at every opportunity. His handling of this entire situation is so disturbing. His comments were worse. I truly hope the Senator files a claim against those tyrants. What can we expect from Senator N. James in the hearing on Tuesday? Can we expect him to attack the good Senator again. Senator James do be too sure but that Senator is loved by more people than you realize here on St. Croix. Remember I told you through this forum. Keep thinking your axe job is working; time is longer than twine. You need to get back to representing the people interest which you did a terrible job doing for the past years. People will soon realize you can’t be trusted Sir, I know you and I know your decietful ways. We can see the Governor got you all wrapped up.

  6. Bring tears to my eyes on October 17, 2009 at 8:38 am

    I did not hear him say that Senator Donastorg was the aggressor, rather I heard him addressing the fact the matter was still under investigation and he was disturbed that what was said on the Mario show by Rafie was not the whole facts and his office was waiting on reports from both Donastorg and Lolo Willis in order for them to have a better understanding of what happen so that appropriate action could be taken. The rest of you don’t know about procedures since I like to run with second hand information from Rafie and other characters who are put up by these same juvenile Senator as his mouth piece. How come every time something major is about to happen or has happen to Donastorg Rafie is the first to leak it to the radio talk show? Most of what comes out of his mouth comes from his source. It doesn’t take a genius to know that, so while your defending Donastorg know that we are of his other side. He has the biggest axe to grind with the majority block and he will do anything to get back at them for removing him from the Senate President position. He’s not a happy camper and this did not do much for his reputation. Come on the people of St, Croix who campaign for him are still waiting for him to come back and thank them for their hard work on his behalf. I am one of them Senator Donastorg.

  7. Bring tears to my eyes on October 17, 2009 at 1:44 pm

    But Foncie may have gotten permission from the Historic Preservation, but he still needed to get proper permits from DPNR. So fool who you want, but we know better. Also Foncie remember the young lady that threaten to sue you for what? How many people came to bat in your defense knowing that you were wrong. Let’s see if former Sen. B will release her investigation information about your inappropriate behavior with an employee. You were so vocal about Sen. Richards, but you were spared the embarrassment of a law suit. Now I hope you know the statue of limitation does not exist in these matters. So stop putting out the image that you haven’t done any wrong. Maybe I need to look up some old time friends to get the whole info on this situation.

  8. VI CODE on October 18, 2009 at 6:44 am

    TITLE FOURTEEN Crimes

    Chapter 89. Records, Documents, and Reports

    § 1782. Mutilation and destruction of records by public officers

    Whoever, being an officer having the custody of any record, map or book or any paper or proceeding of any court, filed or deposited in any public office or placed in his hands for any purpose—

    (1) steals, willfully destroys, mutilates, defaces, alters, falsifies, removes or secretes the whole or any part of such record, map, book, paper or proceeding; or

    (2) permits any other person so to do—

    shall be fined not more than $2,000 or imprisoned not more than 10 years, or both, and shall be disqualified from holding any public office.

  9. Watcher on October 18, 2009 at 9:08 am

    Some of you are a set of self righteous people, this is occurring because of the instigation of a set of people who do not have these islands best interest at heart. If you are guilty of any of the following acts, sit down and shut up!

    1. How many of you have illegal additions to your homes that you are not supposed to have, is DPNR issuing fines for that.
    2. Some of you same commenter’s are behind on your taxes.
    3. Some among us have a staff of Illegal workers; I don’t hear you calling CBP
    4. How many of us give our employer an honest day’s work for an honest day’s pay?
    5. How many of us overcharge our clients knowing full well we can do with less much less?
    6. How many of us curse at the police?
    7. How many of us run red lights or come to rolling stops?
    8. How many of us cheat on line courses by having someone else do it for us?
    9. How many of us neglect to pay child support?
    10. How many of us cheat on our spouses?
    11. How many of us steal the office supplies to take home to use for your children?
    12. Many of us misappropriate funds we are entrusted with, yes you petty cash holder?
    13. How many taxi drivers report accurately how much they make?
    14. How many of you are driving cars without insurance?
    15. How many of you sneak into the Virgin Islands Illegally?
    16. How many of you help people sneak into the Virgin Islands?
    17. How many of you live in public housing and driving late model cars BM’s Benz etc and don’t pay your rent
    18. How many of you run to the senate to get you property re-zoned when you know when you bought it, there were stipulations of no re-zoning but the same senators you are complaining about helped you out?
    19. How many of you fail to attend PTA meeting but go to school to fight the teachers?
    20. How many of you go to school to fight the teachers?
    21. How many teachers go to school without a clue what you will be teaching for the day?
    22. How many of you took a job, and then when you got in good start balling about the job pay is too low and you need a raise?
    23. How many of you out there stealing WAPA power
    24. How many of you out there stealing WAPA water
    25. How many of you don’t have enough parking for your tenants, like the code said for those 8 apartments you have. Now you have the people parking in the street and disrupting traffic flow?
    26. How many of you women have a man living in your home with you and your teenage daughter and think its OK?
    27. How many of you women are going with married men?
    28. How many of you men are going with married women?
    29. How many of you men are going with men?
    30. How many of you women are going with women?
    31. How many of you came here to make your fortunes off of some unsuspecting natives?
    32. How many of you have lied on your loan documents but because you are of a lighter hue your loan was approved?
    33. How many of you married natives, out-smarted them and now have controlling interest in their property and assets?
    34. How many of you have illegal weapons in your possession?
    35. How many of you use illegal substances in front of your children?
    36. How many of you married for love and not opportunity?
    37. How many of you voted for a representative and now he is not doing good you say “I did not vote for He”
    39. How many of us sneak a peek at the opposite sex while our partner is in the car (lust)
    40. Have you ever told a lie in our life, or ever made a costly mistake?

    People of the Virgin Islands Get your Act together, it’s time we stick together and bring this place to where it needs to be. Look up the word Lanzados and see what you find, maybe you are one of them

  10. Jake on October 18, 2009 at 9:12 am

    “Tears” stop hating. You can’t divert from the issue here.
    Senator Donastorg is not the issue. All of these debacles are proof that ANYTHING GOES under this administration. Do as you like, as long as they get their cut of the action. F*$k the law, as long as there is money to be made(by them). deKing has lost control, the little people are on the verge of revolt. The decline of the empire has begun.

  11. Anonymous on October 18, 2009 at 9:31 am

    Watcher is beginning to demonstrate the characteristics of the DEMMANSAY.COM Jack Ass of the Week Verdel Petersen better known as the Crucian Miseducator.

    You have got to be a real JACK ASS to try and justify misconduct and violent behavior. Can’t wait for Tuesday.

    Public corruption will end in the Virgin Islands.

  12. Hope on October 18, 2009 at 9:51 am

    Watcher, it is clear you have lost hope for the future.

    Yes, we all have transgressions, We have all done wrong. The difference is most of us did not stand in front of crowds of people and proclaim ourselves the “Answer”. Most of us did not have the nerve to stand in front of the community and say “You can trust me I have integrity and I know how to fix the past transgressions of others. The past politicians were not really worthy of your vote, but I am”. Most of us did not ask the public to “Pay me and give me the perks, the praise and the notoriety and I will be different I will do better for all of you”.
    When you are a public official you must be prepared to walk away from the BRIBES in the best interest of the people.
    Hopeful still, that integrity matters and we have not all truly lost our shame buttons.

  13. EyesWideOpen on October 18, 2009 at 10:05 am

    Watcher,

    How many of us have placed almost one-half a million dollars of “public” money into our “private” residence?

    How many of us have created a “beach” without permit?

    These are the “relevant” questions!

    Your sense of logic is faulty: it is tantamount to saying that because “one” of us commits murder then all of us are murders, or if “one” of us commits sexual harassment then all of us are sexual deviants, or if “one” of us commits embezzlement then all of us are embezzlers.

    Watcher, it is clearly becoming evident that you have lost your “mental grasp” of the understanding of civility, morality, honesty, integrity, and decency.

    Somewhere, you went off the track: No one in his right-mind can justify “Lolo Beach” and “Mofaliegate.”

    These are the reasons why the Feds are BUILDING THEIR CASE that we dark and brown-skinned, Caribbean people are unfit to run this American piece of tropical paradise.

    Remember this: The corruption that goes on unabated under the V. I. Flag will no longer go unchecked under the American Flag and its respective federal investigators and auditors.

  14. Watcher on October 18, 2009 at 10:54 am

    To: EyesWideOpen

    Did I strike a Nerve! again sorry did mean to hit the nerve in your wisdom teeth. Now I see why Bert says many people have Attention Deficit Disorder.

    “The corruption that goes on unabated under the V. I. Flag will no longer go unchecked under the American Flag and its respective federal investigators and auditors.”

    Look around man, is the US or the FEDS doing any better. There is corruption taking place on a federal level also. Did you forget about the 8 years under bush? Come on EyesWideOpen, wash your face and wake up.

    As I said before I am not defending LOLO Willis but it seems to me you have a hard on for LOLO. Take it to him not me. Like I said there is corruption everywhere.

  15. Watcher on October 18, 2009 at 11:06 am

    By the way EYES:

    you are the “Jack Ass” of the week becasue I’m sure the way you responded you are guilty of many of those acts posted. see you Tuesday

  16. Watcher on October 18, 2009 at 11:20 am

    HOPE: I have not lost hope for the future; I’m just amazed at some of these guilty people who post on this blog knowing full well they have a graveyard full of bones in their closet, like Eyes wide open….LOL…. he needs to get a super dose of pink eye medication and ear cleaner to take the wax from his ears. The gist of the post is stop trying to malign each other and work for the greater good.
    Let me re-state for the record, what DeWolf did was absolutely wrong, and the investigation will reveal if he knew it was wrong and went ahead anyway. Then by all means shackles and chains.
    By the way I am a firm believer in the community selecting their own leaders not people jumping up saying …”elect me elect me.” We are capable of observing and selecting true leaders because “the only ones who give leadership ability is the followership.”
    You are no leader without followers. Read “Where Have all the Leaders Gone” by Lee Iacocca

  17. EyesWideOpen on October 18, 2009 at 11:30 am

    Watcher,

    You have to learn to debate the “issues” with arguments and evidence and counter your opponent with rebuttals.

    Everyone who has debated even at the junior-high school level knows that once “you” have started attacking your opponent “personally” you have virtual lost the debate.

    I ,too, can go deep into “gutter;” I have chosen not to.

    I can debate the “issues” all-day long.

    Now, back to the issues: “Lolo Beach”, “Mafoliegate,” “local corruption”, and “federal investigations.”

    You cannot “sit-on-the-fence.” You cannot remain “Luke-warm.”

    You have to pick a side: Right or Wrong; Good or Bad; or THE LIGHT OR THE DARKNESS.

  18. Watcher on October 18, 2009 at 7:10 pm

    you chose the gutter (Eyes) when you tried to identify and call out bloggers. (Fallacy, Argumentum ad hominem)(look it up) when you called me verdel petersen. As for the fence this is not a bebate its about sharing opinions. Things changed in debate team tactics since junior high

  19. Bring tears to my eyes on October 18, 2009 at 11:20 pm

    I hope some of you don’t drop dead before Tuesday? It seems like some of you are on the verge of a heart attack or a stroke. Take it easy and you will have what you want. The evidence is over whelming.

  20. Dennis on October 26, 2009 at 5:06 pm

    I don’t understand what “Bring tears to my eyes” is trying to say here. First you attack Donastorg and throw these innuendos to haul him down like the guy did something wrong involving the subject matter here; Mafolie Gate and Lolo Beach. Ok, if Senator Donastorg broke the law regarding changes/improvements to the Legislature then please forward your facts. I don’t know this Senator but I know of him; but it appears there is some hatred here for this man because constantly even if evidence is produced you still find reason to attack the man. I am starting to believe “Bring Tears to my eyes” and “Anonymous” is really consumed by this man. Are these guys actually Senators N. James and C. Bassinger? A couple of notes posted was consistent with something N. James said on the radio. I can’t believe I voted for N. James especially when he allowed Mr. Willis to “build a beach” and disrespect a Senator of the Virgin Islands. I hope all who post in this forum really there is a level of hatred here. I think N. James and the rest need to check themselves because this is becoming quite obvious. I am not a Donastorg supporter and can’t vote for him but I sure will call him and tell him he needs to check himself with these hoodlums. This is really sad. I will call Senator James office and let him know my feelings on this.

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