A legislative hearing and subsequent vote Thursday on Bill No. 36-0145 reignited longstanding debate over the proposed Summer’s End Marina in Coral Bay, St. John — not just over the project itself, but over the legitimacy of the permits that support it.
The bill, introduced by Senate President Milton Potter at the request of Gov. Albert Bryan Jr., sought to ratify the governor’s approval of a modification and extension to two Consolidated Major Coastal Zone Management (CZM) permits tied to the development. But in a decisive 9-3 vote, senators rejected the measure — halting its progress for now and signaling strong resistance to reviving expired permits through legislative intervention.
Voting in favor of the bill were Sens. Marvin Blyden, Avery Lewis, and Novelle Francis. Opposed were Sens. Dwayne DeGraff, Ray Fonseca, Alma Francis Heyliger, Kenneth Gittens, Franklin Johnson, Carla Joseph, Clifford Joseph, Milton Potter, and Kurt Vialet. Sens. Angel Bolques Jr. and Marise James were absent.
While many lawmakers said they support economic development on St. John and agreed that a marina could benefit the island, they stood firm that proper procedure must be followed. The primary concern, they emphasized, was not the project itself but the precedent of bypassing the established CZM process.
Under Title 29 of the Virgin Islands Code, a CZM permit automatically expires if development does not begin within 120 days of issuance or if work is halted for more than 360 days. Once a permit lapses, it is considered void. At that point, the Department of Planning and Natural Resources (DPNR) may not legally extend it.
The governor is also limited in what he can do. Title 12, Section 911(g) allows the governor to approve a modification only when enforcement is being sought — meaning the permit is still valid and under active oversight. According to CZM Commission Chair May Adams Cornwall, that is not the case here.
“The Legislature may ratify only those coastal zone permits that have been duly approved by the appropriate Coastal Zone Management Committee,” Cornwall testified before the Senate Thursday. “In this case, that has not occurred. There is no existing valid CZM permit for this project to extend and/or modify. The law is explicit, and the failure of the applicant to timely act cannot be cured through legislation.”
Cornwall noted that the most recent extension to the Summer’s End permits was granted in 2014, and a request for modification was submitted in 2019. While a public hearing on the modification was held in January 2021, no action was taken by the commission — and, she said, the statutory timeline for development had long passed. “The applicant failed to comply with the conditions of the permit, including commencement of work within 120 days and no suspension of work for more than 360 days,” she testified. “The permit is no longer valid, and under the law, cannot be revived administratively.
Because of these legal constraints, the governor submitted the bill to the Legislature — the only body with the power to override the expiration. It’s a rarely used and often controversial maneuver, but one that the administration argues is necessary to preserve years of regulatory progress and federal coordination.
Speaking to the Source Thursday, Bryan said nothing had changed in the previously approved project. “It’s an extension to ensure that we get the Army Corps permit as well as take advantage of funding options that are time sensitive,” he said, adding that the revised proposal includes reduced scope and enhanced environmental provisions.
“The project extension also calls for a reduction of the project scope as well as an environmental add-in to replant the mangrove in the surrounding areas,” he said.
Bryan also pointed to the delays under the previous administration. “Governor Mapp held this on his desk for four years, further delaying the project,” he said. “As a territory that has a lengthy permit process at the local and federal level, we have to do all we can to move projects ahead.”
The governor stressed the urgency of seizing economic opportunity. “Our neighbors and competitors get permits in months, not years. We are losing on the marine front and this is one push to get this project done and establish a marina closer to the sailing grounds of the BVI.”
During Monday’s Committee of the Whole hearing, Chaliese Summers, managing member of the Summer’s End Group, characterized the marina not just as a private venture but as a generational investment in the future of St. John.
“How do we stop our kids and our families from leaving? How do we keep our schools open on St. John? How do we save our dying culture? The St. John Marina development begins to answer those questions,” Summers testified.
The proposed $130 million development includes a 115-slip marina, restaurant and retail space, a Customs and Border Protection office, a boardwalk, and an open-air market. Summers said the marina would also provide permanent slips for DPNR, U.S. Coast Guard, and National Park Service enforcement vessels.
She said the group had spent 10 years working through litigation and federal requirements and was now at the final stage of securing approval from the U.S. Army Corps of Engineers. “We’re at the final stages of U.S. Army Corps of Engineers approval. If this permit is allowed to expire, we lose everything,” she said.
Summers also noted the inclusion of a $5 million environmental mitigation plan that would replant mangroves, propagate coral, and restore wetlands in Coral Bay.
Family Ties and Emotional Testimony
Much of the hearing’s emotional weight came from testimony offered by Jacquelyn Clendinen, daughter of the late Catherine and Julian Clendinen, whose family land is at the heart of the proposed lease to the developers.
Clendinen testified that the lease agreements were signed at a time when her mother had already been diagnosed with dementia and her father was confused about the process. She said the family was not fully informed about the scope of the development and did not knowingly consent to the lease arrangements now being pursued.
Her story resonated with senators.
“The message I’m picking up is, if we can get to the governor, we can skip the process — and that’s where I’m getting concerned,” Sen. Alma Francis Heyliger said.
Attorney David Cattie, representing Summer’s End Group, said the developers have made multiple efforts to address the family’s concerns and remain open to continued engagement. He noted that the lease issues are not being litigated and added that passage of the bill would allow the developers to finally “make the family whole.”
Sen. Dwayne DeGraff, however, said the lease questions and the perception of procedural unfairness remained unresolved. “This is the second issue of an expiration of a permit. The persons in position to address it have addressed it and said to me, as a reasonable man, that we should not move forward,” he said.
Sen. Franklin Johnson also pointed to the unanimous denial of the project by the St. John CZM Committee. “When you’re going to have an entire CZM Commission and everybody is saying no, why should I say yes? I am not the expert — they are. The law is the law. And it has to be followed.”
Even Potter, who introduced the bill, said that the legislative legal counsel did not support its advancement. He said he moved the measure forward only to allow for a public hearing that would give all parties a chance to speak.
“It was made very clear that the legal counsel of the Legislature did not agree with this legislation,” Potter said before the vote. “But I felt it was important for the people of St. John, and for the community, to be heard and for the senators to make a decision based on the totality of the testimony.”
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