Conservation Commission
Minutes of March 10, 2011
Executive Session
Mashpee Town Hall - Conference Room 3
Present: Vice Chairman Ralph Shaw, Brad Sweet, Lloyd Allen, Mark Gurnee, John Rogers
Staff Present: Conservation Agent - Drew McManus
Administrative Secretary – Kris Carpenter
The Executive Session commenced to discuss the pending fine and possible litigation for Warren Fields.
Agent McManus states that Warren Fields has filed proceedings in the Falmouth Court system. Mr. Fields has offered to pay $1500. The Agent states that different authorities have offered different advice on this matter. Town Counsel is willing to do whatever the Commission sees fit; if they would like to seek a higher fine amount and continue battling with Mr. Fields who seems willing to fight any amount over $1500. The Agent understands that it is an incredibly smaller amount than what the Commission originally voted on but his opinion is that $1500 is still a sizable fine regardless of anyone’s financial status. The Agent stated that there has been no impact to the resource area from the result of deck installation. Mr. Sweet asks what the original voted fine amount was and Agent McManus states it
was $9000 which was down from $25,000. Vice Chairman Shaw asks what Attorney Costello’s recommendation were and the Agent states that the attorney understands the value of setting precedent and ignoring regulations but he also believes that if battled in court and it proceeds up to a judiciary hearing, based on environmental degradation, there would be no basis in the Conservation’s argument. The only real issue is the ignorance of the bylaw and filing protocol but any judge will look at the bottom line which is the impact on the resource area. Vice Chairman Shaw confirms that the courts are not very friendly to Commissions. Mr. Gurnee asks if the deck was finally removed and the Agent states that it was so Mr. Gurnee states that even though Mr. Fields was slow in his reactions to the enforcement order, he still acted and the end result was to remove the deck. Mr. Sweet says that either everyone decides to go with the $1500 or to negotiate
anything in between $1500 and $9000. One of the things he’d like to see is that Mr. Costello can put some kind of stipulation on the settlement so that Mr. Fields does not report to the papers about the results of the fine. The Agent feels that Mr. Fields would like to just move on. Mr. Sweet suggests having Mr. Costello ask for double - $3000 or negotiating say for example, agree to half of the $9000 - $4500.00. He continues on saying that if it is negotiated at $4500 than Mr. Fields may agree to $2500 or $3000. Agent McManus feels that Mr. Fields would say no and then it would go before the judge which we would probably then receive nothing because there is no environmental damage but he will abide by the Commission’s decision. The Agent will have to appear before the magistrate with Mr. Fields if all are in agreement not to accept the $1500. Mr. Sweet states that Mr. Costello should advise all proceedings in regards to
negotiations. Mr. Gurnee would ask for some kind of apologetic statement from Mr. Fields attached to the fine payment so that we can have it on record if anything were to come up again. Mr. Gurnee states that he is in favor of $1500 to keep the attorneys out of it. Vice Chairman states that he hates to back down but sounds as though Mr. Fields will refuse to back down. Mr. Sweet feels that $1500 is too low. Vice Chairman Shaw is disappointed that Town Counsel has not given his personal legal opinion and the Agent stated that town counsel’s legal opinion is that Mr Fields will fight any further increase in the fine amount . Mr. Gurnee would like to clarify that the amount of money is not significant but simply a question if Mr. Fields is snubbing the Commission. Agent McManus’s opinion is that the bottom line is he had to remove the deck, pay a $1500 fine for ignoring the bylaw filing procedures and he will have to come back to
file again if he wants the deck in place again. Mr. Sweet suggests looking at other departments such as Building or Board of Health as they must have had cases and there would be a set precedent. Mr. Allen feels that they would be able to do whatever they want for the price of $1500 regardless of any bylaw. Mr. Gurnee states that does not feel that way and that even though Mr. Field took several months he eventually removed the deck and restored the conditions. Mr. Shaw feels that any increase to the $1500 is basically a “face saving” effort. Agent McManus states that he does not have a problem going back to Town Counsel to increase the fine to $5000. Mr. Gurnee asks if there is a time frame for the response and the Agent states that Mr. Costello would like an answer from the Commission sooner rather than later. Mr. Gurnee thinks that Mr. Sweet has a good point in finding out about the other departments to see if they have
encountered a similar situation. Agent McManus states that the Town Manager was agreeable about setting an example but because of the current economic status she would prefer not to spend a fortune on legal procedures. Mr. Shaw votes against going to court and if there is some other compromise that could be made they should look into it. He also suggests that the Agent speak to Town Counsel in regards to negotiating the fine and see how they feel about it. Mr. Sweet suggests also asking Joyce Mason’s opinion. Mr. Allen still feels that $1500 will mean nothing to Mr. Fields but Agent McManus reminds Mr. Allen that Mr. Fields financial situation should not play a factor in this decision. The Agent mentions that events are already in motion and they have scheduled a meeting before the magistrate at the Falmouth Court with Mr. Fields. Mr. Sweet still feels that Joyce Mason should be involved and should be able to advise on all
proceedings. Also he feels that Town Counsel should be coaching the Agent as to what should be said at that meeting with Mr. Fields. The Agent suggests one or two of the Commissioners join him in meeting with Joyce. Mr. Sweet tells the Agent to schedule the meeting and he will go. He will also accompany the Agent when meeting with Town Counsel. Mr. Gurnee reminds Agent McManus that it is very important to get the information from the other town departments. Mr. Shaw would like to reiterate that the bottom line is; the group is not happy with the decision but will let protocol dictate the decision.
Motion made, seconded and unanimously carried to exit Executive Session at 9:05pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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