Commission to discuss Armstrong settlement

The cost of noncompliance with town codes would be in excess of $30,000 for Longboat Key resident Jim Armstrong at the $50-a-day rate the town’s Code Enforcement Board imposed at its Aug. 9, 2010, meeting.

But if the Town Commission accepts a settlement agreement that Armstrong has signed, the town will accept a $650 fine and a $2,117.50 non-interest bearing lien against Armstrong’s home for administrative costs. In addition, the firm of M.T. Causley Inc. will perform an independent inspection of Armstrong’s home and report back to the town.

Mayor Jim Brown has scheduled a special meeting to follow the 2 p.m. Thursday, April 19 regular Longboat Key Town Commission workshop in which the commission will consider the agreement that Armstrong signed last week.

Armstrong told the Longboat Observer that he was hoping to put the matter behind him.

“I’m thankful that Mr. Bullock and Mr. Persson were instrumental in putting together an acceptable agreement,” he said Monday. “Naturally, anyone in this situation would be happy to get it behind them.”

The Armstrong case began with an April 2010 phone call to Code Enforcement Officer Heidi Micale from an electrician hired to work on Armstrong’s property, located in the 2900 block of Gulf of Mexico Drive.

The electrician wanted to know if permits had been obtained.

When Micale and Building Inspector Tony Sapuppo visited the property, they found evidence of construction work that had been performed without proper permitting.

Armstrong appeared before the Code Enforcement Board July 12, 2010, and said that he planned to obtain permits. However, he argued that the town had violated his rights as a property owner in gathering evidence and had given him contradictory information about permitting requirements.

When the board met again Aug. 9, 2010, Armstrong still had not obtained permits, and the board voted to fine Armstrong $50 for each day of noncompliance, in addition to $2,117.50 in administrative costs.

The Town Commission authorized Town Attorney David Persson to file a lawsuit against Armstrong in December 2010 in order to enforce town codes. Armstrong filed two appeals of the board’s rulings, both of which have been dismissed.

The commission must authorize any settlement agreement with Armstrong. The town’s legal costs associated with the case were $25,068.15, according to billing records.

St. Petersburg attorney Jim Helinger has represented Armstrong, pro-bono, through the Pacific Legal Foundation, a non-profit group that fights for limited government, property rights, individual rights and a balanced approach to environmental protection, according to its website.