The Florida Commission on Ethics has rejected a complaint filed against Delray Beach City Commissioner Rob Long during his successful campaign this year.
According to an April 26 commission news release, the commission found no “legal sufficiency” to support the claim that Long acted unethically when—as a member of the planning and zoning board—he voted on projects whose attorney had referred business to Long’s marketing company.
Chris Davey filed the complaint on Jan. 18. Davey served on the planning and zoning board with Long and remains its chairman. Davey is a political ally of Mayor Shelly Petrolia. She backed Long’s opponent—incumbent Juli Casale.
The allegations became Casale’s main campaign issue. Twelve days after Davey filed his complaint, the South Florida Sun Sentinel wrote an editorial titled “The Long, Hidden Reach of Developers in Delray Beach.” The editorial faulted Long for not recusing himself when Bonnie Miskel, the attorney in question, appeared before the board.
But Long had asked the city’s legal department if he should recuse himself. An assistant city attorney had responded that recusal was not required. Still, Long disclosed the referrals when Miskel appeared. None of the work concerned projects in Delray Beach and none was for Miskel’s firm.
By finding no legal sufficiency to proceed, the commission ruled that Davey’s complaint had not met even the minimum standard for further investigation. If it had, according to an ethics commission spokeswoman, a staff member would have determined whether there was probable cause. The commission then would have decided whether to proceed.
Davey’s complaint is 113 pages long. In it, he apologizes for exceeding the minimum number of pages by including minutes from several planning and zoning board meetings.
Davey speculates, without offering evidence, that it was “highly likely” that Miskel “directed very significant sums of money (certainly tens of thousands, if not hundreds of thousands)” to Long’s company.
“There is a significant chance,” Davey wrote, that if Long won, Delray Beach could have a commissioner “that sold their vote numerous times” on the board.
Despite that volume and hyperbole, the commission found no merit to the complaint. Despite the editorial and further commentary, Long won.
The commission’s action, Long said Tuesday, “proves that this was a political attack. The Sun Sentinel took the bait.”
Another complaint from Davey against Long
A second complaint by Davey against Long is still before the commission. Long said it is similar. “I expect this one to be dismissed as well.”
I asked Davey for comment. He did not return a voicemail by deadline for this post.
Long’s “civil engineer” status
During the campaign, Casale also had criticized Long for saying that he is a “civil engineer” despite not having a license in Florida. Another Petrolia ally filed a complaint against Long with the Florida Board of Professional Engineers.
Long does have a degree in civil engineering. But because he is not licensed, the board found that he had been wrong to describe himself that way. The complaint was dismissed after Long agreed to stop doing it.
“I didn’t know I couldn’t say that,” Long told me. Apparently, Long said, he can refer to himself as an engineer but not a civil engineer.
Developments in Long’s defamation suit
There are developments in Long’s defamation lawsuit against Davey.
Long filed it Feb. 9, alleging that Davey had posted accusations against him on social media that Davey knew to be false. Among other things, Davey said Long had “single-handedly corrupted” the planning and zoning board. Davey also accused Long of “mortgage fraud.”
The case went to mediation on April 21 but remained at an impasse. Davey is seeking to block depositions of Long and what Long calls four unnamed “key fact witnesses.” Davey also wants the judge to decide the case for him without a trial—summary judgment. Davey contends that Long filed the suit to “silence and punish” Davey for political comment.
On May 1, Palm Beach County Circuit Court Judge James Nutt said that, for now, only depositions of Long and Davey can proceed. Based on my reading of the order, Nutt might allow more depositions, based on what the first ones reveal.
Boca planners recommend approval for Aletto
Boca Raton planners have recommended that the city council approve The Aletto at Sanborn Square.
The project consists of two office towers and accompanying restaurant and retail space. It would go on a collection of seven small properties one block east of the downtown park that is part of its name. Boca Raton Road would be on the north side, with Palmetto Park Road on the south.
As I reported, staff had set no dates for city review until a principal with the development team wrote a letter to Councilman Mark Wigder. As chairman, he runs meetings of the community redevelopment agency. The mayor and council members make up the CRA board, which must approve downtown development projects.
In that April 10 letter, Carl Klepper said his team had made “significant modifications” in response to “input and direction” from staff and “reasonable suggestions” from nearby property owners. Klepper wanted the CRA to act before June, when the city holds only one meeting per month instead of two.
So Wigder told City Manager Leif Ahnell to schedule Aletto to go before the planning and zoning board tonight and the CRA on Monday. Klepper touts Aletto as bringing needed high-end office space to downtown Boca Raton.
After the project was filed two years ago, early staff comments were critical. Neighbors have said that the two towers—which could be 139 feet and 91 feet tall—are too big. The small buildings on the site date mostly to the 1950s.
Now, however, the staff memo said Aletto would bring an “extensive network of pedestrian-friendly sidewalks and thoughtful pedestrian-scaled buildings.” The memo supports the developers’ request for three deviations from the downtown plan, all related to parking and traffic and recommends several conditions for approval, none of them major.
This stretch of Boca Raton Road is developing quickly. The Tower 155 condo is just east. Beyond it, other residential projects all the way to Silver Palm Park are under construction or have received approval.
I’ll have more after the meetings.
TimberTech Championship returns
Boca Raton’s professional golf tournament will return this fall to its traditional home.
The TimberTech Championship, part of the PGA Champions Tour, will take place Nov. 3-5 at the Broken Sound Club Old Course. Broken Sound had hosted the event since it began in 2007. Last year, though, organizers moved it to Royal Palm Yacht and Country Club while Broken Sound underwent a $40 million renovation designed by Rees Jones, one of the world’s leading golf course architects.
TimberTech’s purse will be $2.2 million. The event long has supported the Boca Raton Regional Hospital Foundation.
