An investigation into an ethics complaint against the board chairman of the St. Johns River Water Management District is scheduled to be heard in December.

A months-long investigation into environmental consultant John Miklos — who was working for the city of DeBary while it tried to make a land deal with the regional water management agency where he is board chairman — is expected to be heard by the Florida Commission on Ethics in December.

A State Attorney's office investigation into the city's involvement in the same deal continues, after a raid of DeBary's city hall last summer.

With these investigations ongoing, local officials and environmental advocates have become concerned that Miklos may seek a record fourth one-year term as chairman of the St. Johns River Water Management District's governing board when it meets Tuesday.

Miklos has declared a conflict of interest before a board vote more than a dozen times in the three years since he was appointed chairman in November 2013. But most permits aren't reviewed by the board. His company — Bio-Tech Consulting — has been a party to at least 85 permit applications to the St. Johns district since he was named chairman. The number of permit applications to the St. Johns and South Florida water districts that list the company as a consultant doubled within two years after he was named chairman.

The Commission on Ethics doesn't comment on pending cases. But, Donald Mair, a Deltona resident who filed the complaint against Miklos with the ethics commission in May, said he was notified recently the results of the investigation will be heard in December.

Mair's hopes aren't high. "Here in Florida, corrupt politicians, nothing happens to them except promotions," he said. ""You just can't have faith in government anymore. It's sad."

Local officials have been alarmed by Miklos' role representing both clients and the district, especially as he continued to serve in the chairman's position longer than is typical. Most chairmen have served two consecutive one-year terms.

Volusia County Councilwoman Deb Denys said she has heard Miklos “has a desire and is posturing behind the scenes to maintain the chair’s position.” Others familiar with the board said they also have heard that Miklos wants to serve another term as chairman.

“I think you have to decide if you want to be a chair of the organization or a puppet of those you represent. He can’t do both,” said Denys. “There’s a lot of concern about that and it adds an element of suspicion to any project going forward.”

Miklos has not returned News-Journal phone calls or emails since April. At that time he said he is "honored and humbled" to be a part of the district board.

"I have always, and will always, take ethics and conflicts very seriously, and I have always declared my conflicts," Miklos wrote in the April email. He said his position had not afforded his firm "any special treatment."

But at least three local issues cropped up this year regarding Miklos and his role as district chairman.

In DeBary, Miklos was being paid $155 an hour by the city as his firm assessed the environmental value of 102 acres of district-owned conservation land the city wanted to acquire for use in its transit-oriented development near the SunRail station. While working with the city, he attended a meeting with the city and the district, representing the district as board chairman.

When the issue came to light in April, city officials said they wouldn't have been moving forward on the proposal without assurances the land deal would be approved. Those assurances came in part from a March email from city employee Roger Van Auker to Bio-Tech director Jay Baker. Van Auker asked if Baker had been able to confirm with Miklos that the city could use the 102 acres for stormwater, open space and private development with no restrictions from the district. Baker confirmed he had been speaking with Miklos and said Miklos' idea was to transfer ownership of "the entire Gemini Springs property over to the city of DeBary." Later, Miklos said that was "a miscommunication."

In DeLand, Miklos represented All Aboard Florida, the proposed train along the state’s east coast, as well as the owner of land being used to compensate for wetlands the rail project would destroy, signing a letter to district staff spelling out the plan the companies were proposing to work out with the district.

In New Smyrna Beach, Bio-Tech represented a controversial proposed wetland mitigation bank seeking permits from the district and the U.S. Army Corps of Engineers. The Corps rejected the proposal in September, citing, in part, questions about ownership of sovereign lands within the project boundaries. Miklos personally had written to a state lands manager to work out the boundaries they could use for the property.

ENVIRONMENTAL PERMITTING

Miklos' issues with the Corps aren’t confined to Volusia County. In July, the Corps issued a cease and desist order on a development known as Starwood in Orange County, alleging wetlands on the site were ditched and filled without a permit. It was the second time in eight months the Corps had issued a cease and desist on a project where Bio-Tech is the environmental consultant. The cease and desist orders were recently released in response to a News-Journal records request, but the outcome of those cease and desist warnings hasn't yet been released.

In a June interview, Jeffrey Collins, a Corps permit reviewer, said Miklos’ “standard business practice is to ignore (the rules) and make other people force them to comply.”

“He doesn’t think he needs to get federal permits,” said Collins. “He has influence with the state,” he said. “With people in fear of their jobs, he can have an influence on that process absolutely.”

“He does what he thinks politics allow him to do,” said Collins. “The agencies are so overwhelmed, it’s just a strategy to make the agency do something about it.”

The lack of environmental enforcement by the state has left a lot of the responsibility for enforcement to the Corps, Collins said. "We're pretty busy these days," he said. “The way they (Bio-Tech Consulting) operate is a lot more work for our people.”

“Sometimes they win by attrition just because there’s a limit to what people can do at this end,” he said. “And the applicants (who the company represents) never really hear about this unless someone writes an article.”

In October 2015, the Corps sent a cease and desist warning to DR Horton Inc., an Osceola County developer, copying Miklos, stating a site inspection found an unauthorized access road had been built through wetlands on an Osceola County project. Weeks earlier, Bio-Tech had drawn a stop work order from Osceola County because one of its sub-contractors used a tractor to destroy 100 acres of wetlands on a nearby site known as Twin Oaks. The county and the South Florida Water Management District later determined there was "no violation" on the site. However, Osceola County spokesman Andrew Sullivan said Bio-Tech “agreed to fund reparations to the area, including replantings.”

State records show the firm also has incurred violations of the state’s gopher tortoise rules with the Florida Fish and Wildlife Conservation Commission. A search of permitting records shows Bio-Tech had three infractions over 18 months between 2013 and 2015, the most of any company in the state.

CHAIRMAN OF THE BOARD

Although the water district board is required under Florida law to conduct its business in the public, the announcement of the new slate of officers each year is accompanied by little discussion. Usually, a slate of candidates is announced and then voted on immediately.

In the fall of 2014, board member Maryam Ghyabi, an Ormond Beach transportation engineer, had served as vice chairman for one year. A second year as vice chairman would have put her in line to become the next chairman, based on how succession had worked in previous years. But, at a board meeting that fall, Miklos abruptly nominated Fred Roberts, a board member and Ocala attorney, as the new vice chairman, stripping Ghyabi of a board title.

Ghyabi, who still serves on the district board, has remained silent on that 2014 board action. She again declined to comment for this story on that board rearrangement or on Miklos possibly serving a fourth term as chairman. Ghyabi said she won’t be at the Tuesday meeting because she’s in the midst of planning her wedding.

During a discussion about another board policy during the October meeting, board member John Browning brought up a suggestion to remove any limit to the length of time an officer could serve and the board approved the change.

Board member Doug Bournique defended Miklos in an interview with The News-Journal recently. Bournique said he had not heard any names floated for chairman, but added he “wouldn’t have any problem supporting John again.” Several other board members did not return requests for comment.

“I think John has done a good job,” Bournique said. “It’s important to run a good crisp meeting and John does that.”

“When he’s had conflicts he has stood up and said ‘I can’t vote,’” he said. "He has good leadership skills.”

Ultimately in DeBary, the district board voted to convey the entire Gemini Springs addition to Volusia County. When it came up for a board vote in June after months of controversy, Miklos said he didn't believe he had a conflict with the item as it appeared on the agenda. "However because my firm represents an entity that has an interest in this issue," he continued, "I believe I am conflicted and obviously there is an appearance of conflict."

Former board chairman Pat Harden, a Gainesville resident and long-time environmental advocate, said she would be surprised if, after all the recent controversy, Miklos might be elected board chairman again.

“I find that most interesting,” said Harden. She is among those who have called for a change in board member policies, including prohibiting water district board members from representing clients within that district while they’re either serving on the board or serving as chairman.

“I certainly think if you are concerned about the boards being clean," she said, "then I think it’s a good policy."