Questions Over Poll Vote Process, P3 Extension, Fuel Contract and Lease Approvals Shape VIPA Board Meeting

The Virgin Islands Port Authority Board during its monthly board meeting. (Zoom meeting screenshot)

The Virgin Islands Port Authority Board met on Wednesday and ratified agreements related to the Randall “Doc” James Racetrack, extended the P3 Initiative Transition Agreement with Sky City VI, Inc., authorized a new diesel fuel supply contract for the St. Thomas-St. John district, approved a $44,000 change order for emergency operations and approved multiple property leases in the district.

The board ratified two previous poll votes. The first approved an agreement allowing the government of the Virgin Islands to use the Randall “Doc” James Racetrack property near the Henry E. Rohlsen Airport, and the second extended the P3 Initiative Transition Agreement with Sky City VI, Inc. through Dec. 31. Board member Celestino White Sr. questioned the nature of the ratification voting process, and said that members should not be tied into the finality of a poll vote occurring prior to a board meeting when limited information surrounding the matter is available.

“Poll vote, once taken, cannot be changed at [a] subsequent hearing. I say that to say that in reviewing the information from legal counsel,” said White. “Poll vote I thought was a preliminary thing, and more information is submitted, and you make a final decision. But it seems like you locked in it [a poll vote] with whatever little information you may have at the time, or how much information you have,” White said.

“In regards to the ratification process, once the deadline for the matter that has gone to poll, let’s say for reconsideration has passed, that being said, the ratification process happens at the next board meeting. So that’s what it means that members cannot change their votes during the ratification process,” responded general counsel Catherine Hendry, referencing Robert’s Rules of Order. “You would keep that same vote if the deadline has not passed,” she added, and said that “When it comes to this matter and the processes, once the motion for ratification has happened, they can look at other motions.”

Board members Willard John, Derek Gabriel, and Kevin Rodriguez approved the matter, while Jennifer Matarangas-King and White abstained.

Under the Property Committee, the board unanimously approved a new lease agreement with J. Benton Construction, LLC for warehouse space at the Gordon A. Finch Molasses Pier terminal in St. Croix. The two-year lease, with renewal options, will be used for storage of construction materials and operational equipment. The agreement includes annual rent and maintenance fees totaling $39,780, with 5% increases during renewal periods.

The board also unanimously approved an expanded lease with A&R Warehouse & Storage, LLC for an additional 17,000 square feet at Lindbergh Bay (Bourne Field) on St. Thomas. The space will be used for storage of goods, building materials, heavy equipment, and office operations under a lease running through 2032, with periodic rent increases.

Under the Projects and Operations Committee, the board authorized a contract with Right on Time Trucking to supply and deliver diesel fuel to VIPA facilities in the St. Thomas-St. John district through September 2028, with renewal options based on performance.

Additionally, the board unanimously approved Change Order No. 2 for the CEKA Air Alliance Interior Build-out project, authorizing up to $44,000 for Energy Efficient Builders, LLC to install and commission a trailer-mounted generator supporting VIPA’s temporary Aircraft Rescue and Fire Fighting station at the Cyril E. King Airport’s Air Alliance Building.

Relating to projects, after the executive director’s report, Gabriel asked, “Is the resurfacing project still expected to be completed by the end of the year,” regarding the King airport.

Preston Beyer, engineering director, responded that the “contractual period runs until February of 2027.” He added, “But the intent is that it will still be completed within the period of performance.”

The board also accepted the minutes from its March 18 meeting and approved reordering future agendas so action items are addressed before reports.

Board members Gordon Rhea and Leona Smith were absent. No further reports were given or an executive session held.