PHILIPSBURG--The National Alliance (NA)/Heyliger coalition partners showed their differences very clearly on Monday when two opposing proposals were tabled in the Island Council. The proposals pertained to the request by Olzina N.V. for a planning permit variance that would allow a third floor on the Vorst Estate building in Cay Hill commonly referred to as "The Box."

The day's lengthy debate featured allegations about "hanky panky" taking place, talk about Lt. Governor Franklyn Richards reportedly first contending that his signature had been forged and later contending that he must have signed the document in question by mistaken, and questions about possible conflict of interest. There was also talk about missing documents and about senior officials signing documents and apparently giving assurances without being duly authorised to do so.

At the start of the meeting, caretaker Public Works Commissioner Theo Heyliger presented a proposal to the Island Council for the variance to be granted with an added condition that the company submit and carry out a beautification/greenery plan that would be subject to approval by the Department of Spatial Planning VROM. The Olzina matter dates back to 2007.

NA leader and leader of Government Commissioner William Marlin requested that the council uphold the decision of the Executive Council of October 27, 2009, not to grant the variance. He said Heyliger's proposal was not the decision of the Executive Council that dated back to October 2009.

The Executive Council's proposal as presented by Marlin was the one placed before the Island Council for a vote, as this was presented as the "majority" decision of the Executive Council and was submitted in letter after an adjournment and an extraordinary Island Council meeting. Heyliger's proposal was referred to by Marlin as a "minority" position of a member of the Executive Council.

Decision on the granting of the variance has been referred to the next Island Council meeting, to take place possibly on Wednesday, after a five-five tied vote Monday evening. The Island Council has to take a decision on the granting of the variance by Wednesday or government/taxpayers will be fined NAf. 2,500 per day up to a maximum of NAf. 500,000 by the court.

The company has taken government to court over the long battle to obtain the variance to an already-granted planning permit.

The 10 Island Council members present all voted to allow Olzina's appeal to the Island Council against the Executive Council's decision dating to October 27, 2009, not to grant the variance and the instruction to remove a third floor to its building that was not permitted. The appeal was deemed admissible by the Island Council because it had been submitted within the legal timeframe.

However, when it came to actually granting the variance, the Island Council, like the Executive Council, was split in its decision.

NA Commissioners William Marlin and Hyacinth Richardson, independent Island Councilman Louie Laveist and NA Island Councilmen George Pantophlet and Rodolphe Samuel voted in favour of the "official" proposal of the Executive Council to deny the variance. NA Commissioner Frans Richardson was absent with notice.

Heyliger and Democratic Party (DP) Island Council members Sarah Wescot-Williams, Roy Marlin, Maria Buncamper-Molanus and Leroy de Weever voted against the "official" proposal to deny the variance.

NA Commissioner Frans Richardson is likely to be the tie-breaker in this matter when the new meeting is called on Wednesday.

Two wrongs

Commissioner William Marlin said Heyliger's proposal was an attempt to correct a wrong with another wrong. If the variance were granted, he said, many unanswered questions would have remained – questions such as why incorrect decisions had been made in the first place in handling the planning and building permit issuance. Those permits allowed the parking garage and one floor of apartments to be constructed.

The developer, although informed by government that the third floor under construction had not received a permit and was in contradiction of a preparatory resolution for the area, continued work. Residents and St. Maarten Pride Foundation objected to the building in general as being against the rules for a residential area.

Marlin said this case was an example of "things going wrong from the beginning." He added that Lt. Governor Franklyn Richards and members of his cabinet had visited the site, but work had never been halted despite it being in clear contradiction of rules. Building stops were prepared for the building, but were never signed off on.

Based on a letter from then-head of the Public Works Department Joseph Dollison, the developer was under the impression that the variance would be granted; yet another mistake, Marlin said.

He described the developer as "victimized" by the way the matter had been handled and referred to Heyliger's stance as coming from a position of being intimidated.

Marlin said the paper trail on the case "raised eyebrows," as documents had been missing even in the office of the Lt. Governor, only to surface months later. He also claimed that Richards had first said his signature on the original planning permit had been forged, but later said he might have signed it by mistake.

Marlin questioned why Richards, who was not present at the meeting, hadn't taken the matter to the Prosecutor's Office at the time.

Laveist said it appeared as though "some hanky panky" had taken place with the permit. He also requested that Acting Lt. Governor Reynold Groenveldt explain whether a member of the Island Council who was involved directly or indirectly with a company like Olzina or a person being discussed had to step aside from voting on the issues. He and Groeneveldt discussed the matter behind closed doors.

Commissioner Heyliger stated that he was neither intimidated nor involved in any "hanky panky" in dealing with the variance request. He added that he had not hampered the placing of any building stop for the Olzina building.

Conflict

DP Island Councilwoman Sarah Wescot-Williams said the matter was a rather complex one that had become more intense with the two proposals presented by the Executive Council. She also contended that the "majority" decision of the Executive Council somewhat contradicted the advice of the Committee of Experts that had been asked to render advice.

DP Island Councilman Roy Marlin compared the saga to a boxing match that came down to a split decision by the judges. However, he stressed that there could be no such thing as a split decision of the Executive Council, as that body was a collective and members didn't stand alone – the majority position on any decision made that the official proposal.

He supported the granting the variance, saying the objections filed against the building, especially that it was an eyesore, were not admissible, as there were no regulations on how buildings should look.