By Tim O’Meilia
The shadow of a proposed 10-story hotel — rejected by a single vote by the South Palm Beach Town Council in October — continues to darken town politics.
Urged by one of the owners of the Palm Beach Oceanfront Inn, the council voted 3-2 on Nov. 18 to file a complaint with the state ethics commission against three town planning board members. Moments earlier, the council declined to remove two members from the board by a 3-2 vote.
Mayor Martin Millar charged that planning board Chairman Mike Nevard and members Dee Robinson and Pat Festino openly opposed changing the town’s comprehensive plan to allow the 99-unit hotel. The board’s recommendations are advisory to the council.
Councilman Brian Merbler said Robinson and Festino were named as members of South Palm Beach Preservation, which opposed the hotel, in a letter from the group to state officials. “Their behavior was unethical and contrary to the best interests of the town,” Merbler said.
Both Robinson and Festino said they are not members of the organization.
Festino said she resigned by letter from the group when she was appointed as an alternate planning board member last year. Later she became a full member.
“I have no ethics violation,” said Festino, who added that she sent a message to the town attorney welcoming any investigation.
Robinson said she and Festino were mistakenly included in the letter to state officials and their names were later removed. “I ask and welcome a full review by the ethics commission. I don’t believe I’ve done anything wrong or anything unethical,” Robinson said.
Both said they listened to the arguments carefully, considered the comprehensive plan and voted in the best interest of the town.
Peter Paloka, one of the owners of the inn, urged the filing of a complaint. “If there is a personal conflict, shouldn’t we all know that so we can have a pure board?” he said.
Millar and Councilmen Charles McCrosson and Joseph Flagello voted to make the complaint. Merbler and Councilman Don Clayman opposed.
Although Merbler earlier had voted to remove Robinson and Festino, he said didn’t know enough about Nevard to include him in an ethics investigation. McCrosson and Flagello also opposed removing any board members.
The vote for an investigation came despite Town Attorney Trela White’s written opinion that the actions of the board members would likely be judged as advisory and too remote from the council’s vote to be considered benefitting any board member financially and thereby not an ethics violation.
Nonetheless, the town attorney’s office is fashioning a request for an informal review of the circumstances by the ethics commission.
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