SEVERAL QUESTIONS POSED ON BUILDING PERMIT’S ISSUANCE DURING ISLAND COUNCIL MEETING-- WAS GOVERNMENT PART OF A STING OPERATION TO GET RID OF DELANO RICHARDSON—MARLIN.

Marlin also requested information as to who signs off on permits which has a maximum value of Naf.500.000, and what happens when a permit is denied and if the developer has to the right to appeal. He also wants to know what type of actions is taken against developers who build without a building permit.
The island council man also wants to know if there is some type of loop holes in the policy that is being circumvented by the developers and if these loop holes cannot be fixed.
Most importantly Marlin wants a list of all the permits that were issued during the years 2006 to 2009 and if those that were granted had enough parking space and other amenities to reach government requirement.

Marlin said he believes government should make their policy known so that the people would know the guideline and serve as a watchdog for the community. Furthermore, he wants to know if the island government deals with these issues on an adhoc manner depending on who the developer might be.
He raised questions about the building that is located on Blyden Drive that houses a furniture store. He requested information concerning the Cupe Coy Marina and if a building permit was issued for this project. If not he wants to know why not and what government is doing about it. Second to that the councilman wants to know if any building stops were issued to these developers whom he said is abusing the system. If that was done he wants to know how many of these stops were issued and to whom over the years. Marlin then moved to the Travel Inn building another controversial project on Billy Folley Road, he wants to know if the developer is this case received an exemption to turn his parking lot spaces into condos that he did not have permits for. How many floors does Travel Inns have and how many rooms are there and what parking space is provided are only some of the questions surrounding this property.

Marlin then moved to the Rainbow Beach Club and wanted to know if there is an ongoing court case with the island government and the developer.
He then moved to the Las Arinas that is also developed by Luis Goya . This building he said was built even though the VROM the FAA and the PJIAE gave a negative advice on the height of the building. He questioned which commissioner lobbied for the developer which ultimately led to an exemption which was not published.
He tied in the Blue Mall again by asking about the development plan of 2003 -2005 that is supposed to be used as the guideline or bible of the area in question. He wants to know what was the maximum amount of floors granted to Blue Mall from the beginning and how many exemptions this project received. Reasons why he believed government got the developer involved in a sting operation to fire Head of VROM Delano Richardson who did not always agreed with Goya. He asked why Richardson was not heard prior to being fired.

People Being Fooled-Who Owns land in Simpson Bay--- Frans Richardson.

Sending the point across island councilman Frans Richardson said the people of St. Maarten are being fooled or misled by these developers especially those at Coral Shores, and the Pelican Resort. Richardson then requested information on the ownership of the parcel of land that is located next to former BBW bagging plant in Simpson Bay. He said this land affair will be sending people to jail if they do not come clean with the project. Richardson said he heard the so called tape of Richardson and Goya which related to a project on that parcel of land. The council man said greed has destroyed the economy of St. Maarten since the investors fooled the people of the island while government sat by doing nothing. Richardson gave his own personal experience when he was building the Sunset Theaters and the guidelines he had to follow since locals were only allowed to build two floors building. He said it seems as if locals are being given a hard time to build dwelling homes while huge investors are getting the carte blanche in their scheme to shorten the government coffers.

He wants to know if government changed these policies to accommodate foreigners whom he said he building seven to eleven floors across from him.
Richardson said the same story goes for the beaches especially in Dawn Beach where people have no access to their beach due to one commissioner who is known to be flying on private jets with these developers.
Richardson said due to government silence on these crucial issues they are killing the goose that once laid the golden eggs on St. Maarten.
He then issued a strong call to Commissioner Heyliger to take a hard look at the erosion of Cole Bay Hill on the Bells Property. Something he said was caused by a developer. He asked the commissioner to do what he does best and plant back the trees that the developer claimed to have for the area. While he admitted he is no engineer he said he has the eyes of binoculars and are seeing what is happening to the hillside erosion.
Richardson then fired questions about the new government administration building that is sitting and being used as pigeon house. He wants to know if its monies that the island government had to waste to have an isolated building sitting on the Pond side.

While Island Councilman Rodulphe Samuel topped off the questions by asking the chairman of the island council if he had someone from his cabinet working or overseeing what is taking place at the VROM office. Samuel said he wants to know if the governor is aware of the happenings at ROB and if he personally ever sent up a permit for annulment.
Samuel said he is not prepared to hear excuses that other commissioners of government made a mistake in the past for this trend to continue instead he wants to see the commissioners taking responsibilities for the departments that is under them. He fired questions to Commissioner Theo Heyliger who took one of best assistants and sent him to ROB to overlook what is happening there. Samuel said the fact Heyliger did that he is personally aware of the illegalities that are taking place in that department and he should be open about it. Samuel also wants to know of the locals are given added bureaucracy to build homes on succession land while developers who have monies are given an easier ride. He asked that he be provided with the policies on the granting of these permits for both local homeowners and developers.
He also lambasted the commissioner of private jets and who boasted on numerous occasions that he is not using government credit card, since that commissioner is partly responsible for the alleged illegalities taking place at the VROM.

Government Admits there are Problems at ROB--- Measures are being taken--- Heyliger.

Requesting another half an hour to provide answers to the Island Council on the irregularities that are taken place at the Sector ROB only helped Commissioner Theo Heyliger to put together the number of things that are going wrong at the department. He said the executive council is not playing astringes and are not admitting that there are problems. However, he made clear that the matter is not something that can be dealt with easily since the private sector operates differently from government who in most cases has to be able to prove their cases and not just cast blame on people. He said just recently the executive council made a request to SOAB to conduct an investigation into all the departments where they are suspected wrongdoing. Heyliger said while politicians are often being blamed and or accused of being part of corruption that is far from the case. Heyliger said those very persons who wrote the policies are the ones that are abusing them and he has no intention to lie or cover up for anyone. "I will not stand here and deny that we have serious problems in the department, but one must consider that it is not easy to find people to work in government departments for salaries that are less than what garbage collectors are paid.

The ROB commissioner admitted on more than one occasion yesterday that business is not as usual at ROB and measures are being taken slowly. Reasons why the head of VROM was fired when he was actually caught wheeling and dealing. "While we have acted when the proof was provided in that case the executive council would take the same actions in other cases when it surfaces." Heyliger said.
Heyliger admitted that the sector director of ROB is the one who signs off on building permits which is to the value of Naf. 500, 000 which has been mandated by the executive council. He said the present policy that is being used is that of 1935. While permits which exceeds the 500, 000 mark has to be approved by the executive council and scrutinized by the governor's cabinet.

While persons whose permits have been denied does have the right to appeal and make the necessary amendments based on the guidelines given to them. The appeal process he said is in conformity of the LAR. PBA 2001 number 79. Persons applying for building permits have to pay an administrative fee of Naf. 200.

On the question on how many building permits were issued in the following years the commissioner in his break down said in the year 2006 320 permits were issued, 2007 302, 2008 148 while there is no figure for the year 2009. He said the island government collected Naf. 2.577.820 for the year 2006. Naf. 2.982.665,42 for 2007 and Naf. 1.395.276,71 for 2008.

Providing answers as to what government was aware of with regards to the large buildings that have been built the commissioner said in the beginning government was not fully aware due to the lack of personnel at the department of ROB. These personnel he said are charged with carrying out inspections and since they are undermanned they were not able to inspect the entire island. However, when government became fully aware the sector was instructed to take measures by issuing building stops. As for exemptions that were granted the commissioner said that based on the law that is not possible but admitted Blue Mall and other developers did receive exemptions since they circumvented the law, by applying for floors rather than buildings in many cases.
Heyliger then explained that he did received complaints on the heights of the building on Blijden's Drive but the sector did grant the permit.

The commissioner also acknowledged that the building across from Builders Paradise only got a permit for one floor. While there are several permits for the Marina at Cupecoy there is no permit for the marina and a building stop was issued. The construction of this project he said began in 2006 since the necessary permits were in place. Heyliger said the sector issued some 132 building stops in 2006, 147 in 2007 and 103 in 2008. As for the signing off of extra floors he said it had reached a fever pitch with the construction at the building on Billy Folley Road who was given a permit for the first five floors in 2007 while they received approval for two other floors by Delano Richardson former head of VROM. Heyliger said that developer got his permits while in construction while additional floors are seen as separate building permits which are handled as such by the department.
Heyliger also admitted that Civil Aviation and the PJIAE objected to the height of the Las Arenas building which exceeds the slope and the executive council did disregard these advises and issued an exemption.

As for Blue Mall he said they could have built up to 10 meters high based on the current development plan excluding the roof, and foundation. He said Blue Mall was authorized to build two parking floors in the basement in 2006 under the road level, two commercial floors and two residential floors. The developer he said requested an exemption in 2007 and it was granted for two additional floors in April 2008, while a building permit was requested for phase two of the project in June 2008 and it was granted in December the same year.
Heyliger vehemently denied that members of the island government were involved in a sting operation to trap the head of VROM Delano Richardson. He said the developer in this case sent a letter of complaint to the Lt. Governor where he supplied a tape claiming the civil servant wanted to extort monies from him in exchange for the building permit of phase 2 of the project which was granted in December 2008.

MARLIN REBUTS.

The commissioner and members of the executive council was highly criticized in the second round by leader of the National Alliance William Marlin who said that he wanted clarity on if any other commissioners gave developers verbal permission to build without a permit. Heyliger had said he personally he did not give such permissions to do so, thus prompting Marlin to ask if they are to conclude that other commissioners did just that.

The National Alliance leader said the answers that were provided in a very calm and cool atmosphere is quite revealing. He said these answers only leave one to wonder if all of this was happening and government did absolutely nothing to correct its problems. He asked where was government all this time and if they waited to see when a meeting was called on this matter, did not provide a quorum and now is trying to do damage control by saying they are taking corrective measures.

Marlin said while some of the answers were provided he wants to know who is building the next burial coops in Cay Hill in the form of a warehouse and who gave the permission to build this concrete jungle that hits people in the face as they come over the hill.

He said when listening to the answers given the executive council has admitted that the law is being circumvented and government is loosing monies through the loop holes that are being created by government. Marlin said the executive council is the one to be blamed since they are the ones who provided the gun for the corruption that is existing on the island.

He said government went to the extent and admitted that persons working for government abused their power in the ROB department and to date they have done nothing to correct these problems. Marlin said person or persons working at ROB created their own building permit policies within the existing permit to make business for themselves. He said the executive council created a fertile ground for corruption where one can request a building permit for one floor and make sure it is estimated to be under the Naf. 500, 000 so that the executive council does not see the request.

This process he said has repeated itself and today the government is saying the National Alliance are not the only ones that noticed the problem but they too did while refusing to accept responsibility and is blaming someone at sector ROB. He said the way government has answered the questions it appeared to him as if government still does not know who have granted these permissions since they have refused to name the culprits. He said about a year ago government took a decision when they realized there are problems in the sector with the department heads and they placed the power in the hands of one person who provides the signatures. He said while VROM was not in agreement with several of the exemption and building permits it was granted anyway despite the fact it is not in keeping with the building codes. He said instead of government dealing with the problems of the department heads they gave the sector director a mandate to sign off on any and everything.
He said when one reviews the answers given by government it behooves him to wonder if questions are not being asked when they see the permits are not being respected. He said something like this should have only happened once because when they saw a sector director is circumventing the law measures should be taken against the boys club at the ROB. He said he is extremely amused at the "Mickey mouse" game that the executive council is playing with the island council and the public of St. Maarten.
While island council man Frans Richardson shared the same opinion and made a second request for names to be called. He said ROB is a big department with several heads and he believes that the names of the persons who have been abusing their power should be exposed while measures should be taken just as it is taken against VROM head Delano Richardson.