Last modified: Thursday, November 20, 2008 1:55 AM EST

Developer: Board OK'd proposal before offer

NORFOLK - A local developer facing a state ethics hearing said Wednesday the conservation commission approved his proposal before he offered its chairman a stay at his Pennsylvania fishing and hunting cabin.

Jack Scott added that he made it "perfectly clear" to then-Chairman Jeffrey Kane that "I would not rent it to him until after he stepped down" from the board.

The state ethics commission's enforcement division has accused Scott of violating the state's conflict-of-interest law by offering Kane a week's stay at his Waterville, Pa., fly-fishing and hunting cabin in May 2006.

At that time, investigators say, Kane's board was reviewing an application related to Scott's plans for a single-family home on Applewood Lane.

Kane declined Scott's offer.

Scott faces a public adjudicatory hearing before a member of the state ethics board, which will then rule.

The board can impose a fine of up to $2,000 for each violation.

Scott contended Wednesday he offered Kane the cabin because Kane shared his interest in fly fishing during an earlier casual conversation.

"I had my permit when I sent the e-mail the next day," Scott said.

Scott provided The Sun Chronicle with a copy of the May 12, 2006, e-mail exchange.

"When you step down from the commission so no one in this dame (sic) town can say anything about anything, my cabin is yours for a week with your family," Scott wrote. "It is near Williamsport little league world series park, Hershey park and Amish country. The best trout fishing in the east and great for the kids.

"Jeff no bribe just a thanks for being on the up and up with us regardless of how this all plays out."

About two hours later, Kane wrote back, "Thanks for the offer." He didn't mention the trip again in his reply.

Scott also said Kane waited 18 months to complain to the state ethics board.

Scott accused Kane of "sour grapes" over the developer filing his own ethics violation complaints against Kane and conservation board members Jason Talerman and Laurence Harrington, as well as conservation administrative assistant Marie Simpson and her husband Bruce, former chairman of the zoning board of appeals.

Reached by phone Wednesday night, Kane denied that allegation.

Kane then e-mailed a statement to The Sun Chronicle.

"Mr. Scott's offer placed me in an uncomfortable situation," Kane wrote. "Though I initially brushed the issue off, I ultimately realized that the ignoring of a potential wrongdoing was as inappropriate as the act itself.

"I ultimately felt this matter should be reviewed for relevance by an appropriate agency; I believe that process is still ongoing and therefore will, respectfully, not comment further on the matter until it is settled," he said.

MICHAEL GELBWASSER can be reached at 508-236-0439 or at mgelbwasser@thesunchronicle.com.