DANA POINT : Board Deadlocks on Land Swap Probe

The Capistrano Bay Park and Recreation District Board deadlocked Friday over whether to launch a conflict-of-interest investigation against board member Lynn J. Muir.

The board stalemated 2-2 on a vote that would have opened an inquiry into whether any irregularities surrounded Muir’s acceptance of a $3,500 contract from Alan Squitieri just days after pushing for a land swap between the district and the Florida businessman.

Muir stood in the hall as the board deliberated.

William M. Wilcoxen, the park district’s attorney, said that it was legal for Muir to accept work from Squitieri after voting on the land deal. However, Muir, an 18-year board member, can no longer vote on any issue involving Squitieri, Wilcoxen said.

Muir helped facilitate the land trade, which involves about a tenth of an acre of Heritage Park that Squitieri needs to build a swimming pool for his Dana Point vacation home. In exchange, Squitieri will buy more than a third of an acre at La Cresta Drive and Street of the Golden Lantern and give it to the district for a park.

A park district assessment of both properties estimated the city would come out about $100,000 ahead in the deal.

On April 8, just two days after speaking in favor of the transaction at a city Planning Commission meeting, where the land swap received final approval, Muir, an architect, accepted a contract from Squitieri to design the pool.

The close timing of the two events caused consternation among some park district board members, who called the special meeting Friday.

“I’m not saying there was a conflict of interest, but looking at the ethics of the board--it stinks,” said board member Toni Gallagher. Board member Robert Wilberg joined Gallagher in voting for the inquiry, with board members Tom Crump and Ed Conway voting against it.

Muir declined to comment after the meeting.