(Sunday April 21st, 2013 – Hagåtña, Guam) The Port Authority of Guam (“PAG”) is ready to enter into a $10 million commercial loan that would repair damaged wharfs, acquire a new top loader, and replace its outdated financial system. But, the PAG’s lending institution is requiring the Authority to statutorily waive sovereign immunity—leading, in the case of default, to what General Manager Joanne Brown described as, “…the acquiring of Port property or assets as a result of this.”

Though the PAG supported the waiver of sovereign immunity authorized by Bill 86-32 (COR) at its April 17th public Hearing, Vice Speaker Benjamin J.F. Cruz wants to ensure that Port property, equipment, and assets are not lost in the event of financial default to a private lending institution.

In a letter sent to Port Oversight Chair Senator Tom Ada, and released by Cruz’s office this afternoon, he writes, “[t]hough a blanket waiver may not have been intended, the consequences of this language may be horrendous.”

In the letter, Cruz proposes two amendments to Bill 86-32 at the invitation of Senator Ada:

1) Affirming that any relief against the Port be monetary only. This would be in accordance with the Government Claims Act; and
2) Allowing the Government of Guam the option to assume the defaulted obligation of the Port—potentially preventing foreclosure on real property and other assets. This option would only be exercised if the government agreed it was fiscally capable of doing so.

Cruz calls his amendments a “working start” And, while he is open to better language, the Vice Speaker concludes, “… [t]he purpose of these amendments is to unambiguously assert that the Port is a public asset which must always remain in the public trust.”
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ADA-PAG Letter

PAG PR 86COR

A1-Bill-No.pdf

Referenced documents are attached. For more information, contact Carlo Branch at 687-7567.

Monday, April 8, 2013

With every new construction development mounds of earth and plant life are replaced by concrete, drywall, and cinder block—allowing thousands of gallons of stormwater runoff and sediment to pollute our oceans, harm our coral, and kill our fish.  This makes life even harder for the island’s shrinking number of fishermen.  Yet, with the right partnerships, it is possible to have a strong and growing economy and a prosperous environment.  That is why Vice Speaker Benjamin J.F. Cruz has, in a letter released by his office today, asked Senators Rory Respicio and Tom Ada to convene a joint roundtable of their respective committees, bringing together stakeholders from Guam Environmental Protection Agency, Coastal Zone Management Authority, Department of Public Works, Department of Agriculture, and the Guam Fishermen’s Cooperative.  Cruz hopes that these experts will weigh-in on specific recommendations to combat stormwater runoff while not impeding construction growth.  The proposals include:

1.    1.  Statutory adoption of stormwater management manuals prepared by the Guam Environmental Protection Agency and the Department of Public Works,

2.    2.  Deference to regulatory agencies to amend the legislation as necessary to properly implement stormwater policy as it changes over time, and

3.    3.   Mandate the presence of personnel certified in erosion control during the phases of any major construction development, which mirrors federal regulations.

Earlier this term, Vice Speaker Cruz introduced legislation to promote coral reef conservation through Bill No. 11-32, which seeks to establish the “Guam Coral and Marine Life Protection Act.”  During the public hearing on Bill No. 11-32, concerns were raised that the proposed legislation focused on overfishing as detrimental to the health of coral reefs but did not address other causes such as stormwater runoff, which eventually leads to the sedimentation of reefs.  Recognizing the adverse impacts of sedimentation, a long-existent threat to marine life, Cruz is taking a broader approach to coral reef conservation by directly calling attention to stormwater runoff.

Stormwater runoff occurs when rainwater is unable to permeate the ground due to the presence of impervious surfaces, such as concrete, and is thus forced to flow directly into streams, rivers, and the ocean.  Improper management of runoff leads to “sedimentation,” which literally suffocates coral reef tissue with sediment until they die, and has the potential to obliterate entire reef systems.

According to Cruz, “while stakeholders may continue to disagree on the reasons for the degradation of our once pristine coral reefs, it is imperative that we come together and work cooperatively to find a solution.  Without adequate control of stormwater and runoff, along with other major threats to coral and marine life, this generation may be the last to enjoy Guam’s recreational waters.”

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For more information, please contact the Office of Vice Speaker Cruz at 477-2520/1.

(Wednesday April 3, 2013 – Hagåtña, Guam) Bureaucratic stumbling blocks, the late issuance of RFPs, and delayed contract reviews may be jeopardizing vital social services provided by the island’s nonprofit organizations. That is why Vice Speaker Benjamin J.F. Cruz has called a second roundtable on Thursday, April 11, 2013, at 4:00pm in the Public Hearing Room between the island’s nonprofit organizations and GovGuam agencies.

In recent discussions with various community stakeholders, Senator Cruz has learned that several government contracts with nonprofit organizations are either close to expiration or becoming void in the absence of a contract. “Every year we hold nonprofits hostage to a process which has a head for bureaucracy and no heart for people,” Cruz said. “I called this second roundtable to follow-up on the commitments made to me in January. I want to solve these problems now. If that can’t be done through consensus, I will not hesitate to fix these problems by force of law, said Cruz.

For more information please contact the Office of Vice Speaker Cruz at 477-2520.