FULL STORY: Town settles Armstrong case

The town spent $25,068.15 on legal fees in the case against resident Jim Armstrong. But in the end, it took just $650, a $2,117.50 non-interest-bearing lien against Armstrong’s home and an agreement to bring in a third-party inspector to settle the case.

The Longboat Key Town Commission voted unanimously to accept a settlement agreement that Armstrong had already signed at a Thursday, April 19 special meeting.

Town Manager David Bullock told the commission at its regular workshop, held immediately before the special meeting, that he tried to separate the issue — achieving compliance with town codes — from the many stories he heard about the Armstrong case when he assumed the role of town manager.

Bullock told the commission that it would gain compliance through a settlement but give up fines, which, at $50 a day since August 2010, exceeded $30,000.

The case against Armstrong stemmed from a phone call to the town’s Code Enforcement Department in April 2010 from an electrician who had performed work on the Armstrong home and wanted to know if permits had been obtained. Town staff found no active permits and visited the home to collect evidence of unpermitted construction.

Armstrong appeared before the Longboat Key Code Enforcement Board in July 2010 and said he planned to obtain permits but argued that town staff had given him misleading information and accused the staff of violating his rights as a property owner.

Armstrong still hadn’t obtained permits when the board met Aug. 9, 2010, and the board voted to fine him $50 for each day of noncompliance.

The commission authorized Town Attorney David Persson to file a lawsuit against Armstrong, after Persson told commissioners that the town was unable to enforce its own codes.

Persson told the commission that the alternative to a settlement was to continue the lawsuit, which could cost additional tens of thousands of dollars.

After approximately 15 minutes of discussion, Mayor Jim Brown admonished Armstrong, who attended the workshop and special meeting but did not speak.

“I’m angry,” Brown said. “I am going to support us moving to the next step. But within a civilized society, you have one person who thinks they’re above the rest and decides to go outside and do what they want to do, no matter what, knowing the laws, full-well knowing the laws, and then puts the burden on the taxpayers.

“We’re not forgiving $25,000 worth of legal fees alone … we’re also forgiving fees for I don’t know how many staff people who have worked I don’t know how many hundreds of hours … I would say this is the most ruthless thing I have observed in my 67 years in this world.”

Brown then asked for consensus from fellow commissioners, who agreed to move the settlement forward.
The commission had to finish its regular workshop, which included town manager and town attorney comments, before it could begin the special meeting. After Brown called the meeting to order, the commission immediately voted in favor of a settlement.

But Brown hadn’t heard the last from Armstrong.

The next day, Armstrong sent an email to Brown, accusing him of a “public character assassination” and “personal attacks.” (See below.)

Armstrong declined to comment further about Brown’s comments to the Longboat Observer.

“I don’t want to keep beating a dead horse,” he said. “I spent two years of my life on this. I think it’s gotten out of hand.”

Last word?
Resident Jim Armstrong sent the following email to Mayor Jim Brown, Friday, April 20, the day after the Longboat Key Town Commission agreed to a settlement.

Dear Mr. Brown:
No sooner than you read the civility policy at Thursday’s workshop did you begin a public character assassination on me in violation of your policy and the spirit of our agreement.
What you said was both unwarranted and untrue.  As citizens of this community, my family and I do not appreciate the personal attacks made by you in a public forum and while acting in your official capacity as mayor of this town.
I only know you as mayor and you do not know me personally, nor do you have an accurate chronology of events that took place in my case. If you are interested in learning all of the facts, I would be more than happy to sit down at a mutually convenient time and place and explain them to you.
I am looking to put this horrible experience behind me as I hope that you are.
Sincerely,
James Armstrong