In his ruling in regards to the suit filed against the town's planning board, Superior Court judge Brian Tucker ruled that because planning board chair Margaret Sharra had ex-parte communications with DES, in regards to a request to reconsidered their decision to over turn their denial of Robert Van Dyke's condominium complex on Route 10, filed by abutter F. Towne, her involvement in an earlier decision to deny Mr. Towne's request was vacated and ordered the board to have another hearing without Ms. Sharra because she was disqualified. One of the reason's stated for his ruling was that the board did not allow Mr. Towne the opportunity to respond to the board or to present his request.
The board voted to rehear Mr. Towne's request for reconsideration tonight, Oct. 5th at 6:00pm, however because of recent surgery and because of existing medical conditions and narcotic medication that was affecting his ability to be able to participate in tonight's meeting, Mr. Towne called the Land Use Office this morning and conveyed his issues to Ms. Sharra and asked to have his hearing rescheduled to the next meeting date. This he explained would give him time to heal and gain his full faculties before the meeting in order to fully present his case. Mr. Towne is in an air cast and sling and his cast, referred to as a Hydro-Cuff requires cold water to circulate through it every 30 minutes to reduce pain and swelling. Mr Towne is also required to constantly flex his repaired shoulder by sitting in a special Opti-Flex machine for 2 hours straight, four times a day with hydro-cuff ice treatments in between sessions. Ms. Sharra responded she would have to contact the town's attorney and ask the board members to vote on whether to grant this extension.
Mr. Towne wrote a letter to the board so that all board members would be fully informed of his circumstances and why he was requesting a continuance until the next meeting. The court put no time limit on when this hearing had to take place and there was no conflict of any issues having to do with the Van Dyke hearings as they have been closed to the public and the matter is still in litigation and now going before the State Supreme Court.
Prior to the start of tonight's scheduled meeting, Ms. Sharra requested the members of the board to accompany her into a closed private meeting. Whatever was talked about in this meeting was sealed to the public. Ms. Sharra was ordered by the court not to participate in any discussions or hearings in regards to this matter and yet; though we will never know what was said without a court order, she orchestrates a closed meeting just prior to a scheduled town meeting and then seals the minutes of the meeting. If she wasn't participating or instructing members on what to do, why even have a meeting and why seal the minutes from the public. Does anyone believe this was on the up and up?
Once the meeting began, Dean Beaman was the acting chair. The board received Mr. Towne's letter in which he explained what he had told Ms. Sharra earlier in the day and asked them to reschedule his hearing. A vote was taken and all members except for Mr. Jack Marsh voted not to give Towne an extension. In fact Mr. Van Dyke's attorney was allowed by the board to give testimony against Mr Towne's request. This was suppose to be an opportunity for Mr. Towne to present evidence on why the board should reconsider their decision and it was anything but. Mr Towne was denied his right to participate or to speak. Yet the board had no issues with allowing Attorney Radigan to voice his opinion, why was that? This is your Planning Board working in the best interest of the town and all of it's citizen's.
Judge Tucker has already ruled once on the board's not allowing Towne to have the opportunity to respond to them, I guess they either don't understand the law or just don't give a hoot.
Another lawsuit will be filed with the court in the morning in regards to their ruling tonight. This is your hard earned tax dollars being wasted defending the actions of this board.
Might we also add that Mr. Towne is an elderly, disabled man, with several health issues that will require more surgery in the near future and that all he has been seeking since the beginning of these hearings is fair treatment by this board; something he still hasn't been able to get.
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53 comments:
this is wrong, this is very wrong !
This is very disturbing and shows me these people have no compassion or respect at all. What were they thinking? At least they could have given the poor man a chance to heal and speak at this ordered hearing. How can they get away with such disgraceful conduct?
It seems to be a pattern here for the town officials to deny any continuances. This is another attempt of the town officials to railroad what they want through the system. They truly don’t get it do they? What Mr. Towne has done to stand up for his rights and the rights of other citizens should be commended. People need to band together and take back the control of the town from the people that continue to destroy it. Why is it that the only people in Winchester that seem to get a fair deal are the “Locals” such as the Beaman’s, Sharra’s or the Tedford’s? Why are you afraid of people that come in from the outside? Is it that we are educated and you don’t like it? Well we educated people are here to stay and you’re going to start seeing some changes as we take over New Hampshire and get rid of you outcasts.
It Looks like Margaret Sharra stepped into it deep this time. Her Connecticut ways may work in Connecticut, but a judge's ruling is a judge's ruling. I don't think the judge will be very happy that Margaret was involved in any way with this meeting. The judge can and will get access to the closed board minutes. As far as the town fathers are concerned, you should know better than to keep law abiding citizens from exercising their rights. If anyone of the selectmen were in Mr. Towne's situation you can rest assured they would be heard. Mr. Tedford, shame on you, you of all people know about a person's rights. Is your memory that short? But then again you have made it clear as does your buddy at the lawn and tractor store about outsiders, you don't like them. Your small town mentality will soon be short lived.
How about the planning board be jailed for contempt of court? Perhaps then they would play nice in the sandbox. This group should be ashamed that they treated this gentleman with such disrespect. No wonder we are the laughing stock of the county. I am not proud to say that I live in Winchester.
The "outsiders" have no deep rooted connections to protect and are a threat because of that. On the other hand because of that they can see clearly when rules and laws are broken. The can see clearly the favortism that exists and why that might be. When you conspire against the courts and people you work for and are deeply rooted into protecting other interests and making them a priortiy it's called public corruption and the FBI does listen to complaints of public corruption. Again, to not postpone a hearing on a project that the court has put on hold is not in the best interest of anyone and shows the boards inability to be reasonable. The attorney for the town is as pitiful as the board of selectmen and they are equally to blame for this lawsuit.
We need to call for our selectman to remove this board immediately, especially Sharra, they are a disgrace. They should hang their heads and offer a public apology for the way they have treated Mr. Towne. What is wrong with you Ken Berthiaune, you are on that board, how can you sit there and do nothing?
I hope this Mr. Towne sues them all and wins and that he gets well and attends a selectman's meeting as soon as he can to complain and they get rid of these disgusting people. They are not serving any of us that is for sure.
OMG! we should all call the town hall and complain in this man's favor. What absolutely disgusting conduct by these members, just who do they think they work for?
I don't consider myself an outsider. When I was a young boy, my family spent summers in Raymond on the lake, we also used to spend many weeks up in Camden and along the Kangamangas hiking, climbing and just enjoying the wilderness. When I was discharged from the Marines, I moved to Manchester because I loved New Hampshire and wanted to live here. I got married and my work; construction, forced me to travel the country building hotels and housing complexes in many states. I returned to New Hampshire 17 years ago and have lived here since.Though I may have only lived here in Winchester a few years, I do not consider myself to be an outsider.
This board, led by Margaret Sharra has allowed it's personal feelings about me to govern how they vote and have not been fair to any of us abutters. We have been forced to seek relief through the courts and have been made out to be the bad guys from the beginning. The truth of the matter is this board does not act in a lawful or fair way. It constantly waves it's own rules and regulation as it seems fit with no rhyme or reason. They treat individuals differently depending upon who you are and how well they know you. They are far from being very professional in their duties. Ms. Sharra will spend more time researching ways to hurt individuals instead of working on their behalf to promote a fair and just system of checks and balances based on our town's rules and regulations. They will make one individual jump through hoops, while they'll give numerous waivers to another. They're duties are completely forgotten once a meeting starts and if you get on their bad side, you can all about forget getting a fair hearing. I know this as a fact after being involved in this whole charade for over 2 years. As evidenced by this latest meeting, one ordered by the Superior Court, to hear my request for reconsideration, they didn't even afford me the courtesy of being able to participate to present my evidence or witnesses before the board. They swore an oath when they took office to do their duties in a just and fair manner, I guess we have different views on what is fair and just.
I thank all of you who have voiced your objections to how this board treated me last night.
I don't know much about the Van Dyke problem, but the arrogance in the town hall is more that i can stand. I'm going to support the informer with another donation so the site can continue to inform.Didn't i read in the BOS minutes that the accounting dept. is moving upstairs? If this is true and its the third floor won't it take more heat in a time when the rest of us are forced to cut back?Whats next an elevator?
I witnessed the most blatant, most openly conspicuous contempt towards a Citizen of Winchester Monday night at the Winchester Planning Board Meeting. This openly offensive behavior of the planning board toward Mr. Town who’s only attempt was; one stand up for all our rights and have his rightful opinion on record; two to have a court order “hearing for reconsider” be delayed for unforeseen health problems. The same planning board that has afforded the applicant Mr. Van Dyke at least 20 postponements and rescheduled hearing for no other reason than the fact he wasn’t prepared or just didn’t show up at all. This openly offensive behavior by our planning board was out rigorous unacceptable and shameful.
The planning board thinks it can get away with their actions because no one took the time to show up in support of his rights to a fair hearing. I was there and told the planning board on the record how despicable they really are which made for a lot of long faces. Untill Mr. Towne no one has really stood up to these people. A letter will be sending to the Letters to the Editor of the Keene Sentinel on planning board's actions.
The problem is the Town Hall hears nothing...that's evident by the lawsuits the town if involved in. There is no accuntability to anyone if you are an official in this town, not even to the court. So far this has cost the town $21,000 plus in legal expense. Next year they want $20,000 more than this year for $53,000 plus to spend on legal costs. By his in-action K Berthuiame who is part of town hall is just as much a problem as Sharra and Beaman. People have a right to fair, honest and truthful government. There are rules for a reason and that is for a level playing field for all and a means in which order can exist. What is going on in this town is dysfunctional and needs to be remedied.
I suggest that we all sharpen our pencils to vote all of them out of office. It boggles the mind that the BOS would allow Ms. Sharra to continue in her present position on the planning board. In fact, i wonder why they have not removed her from any town positions as if this continues how many more lawsuits will the town have with her conflict of interest and inability to follow the court rules.Yes, I am an "outsider" to the town but not the area-I have been in the area for 40 years and do understand that you have to follow the rules for your protection and your freinds. You can't just make them up as you go along.
Perhaps with a little urging the town will encourage Ms. Sharra to resign her position so that we do not have to spend anymore money on lawsuits. Afterall, we all know that the BOS and the Chief read the blog. My advice to them would be to follow the rules and begin to treat the townspeople with respect.
Thanks for the blog. Have a great day! Good Luck to Mr. Towne.
What is the motivation for the selectmen to act in the way they are acting?
To do and say nothing about the problems going on this town, real or perceived, seems like an approach that just reinforces the idea that there is secrecy in the town government and an unwillingness to be transparent.
Why do that?
The fact that much of this is in writing and therefore isn't a matter of speculation is more baffling.
A court has already ruled on the planning board actions.
What more must happen?
This town is totally out of control and there is no one in charge.
If this isn't a cover-up for something bigger then what is it?
Incompetence?
Blatant disregard?
Frivolous grumbling?
It has to be something, the problems continue to exists and are not being resolved.
It isn't normal for a town to function under these conditions and when one does it is usually because there are major, major problems in the government running it. Only with enough pressure do these problems eventually get sorted out and resolved.
What Mr. Towne and other abutters and members of this community have been through at the hands of these boards is disgraceful and there is no excuse for it.
These board members and more have been made aware of the problems over and over and yet have refused to answer questions, no doubt on the advice of an attorney, judging by the legal bills that are mounting by the minute and at the risk of seeming to get the town in more and more trouble and costing us taxpayers more and more money for their own gain or the gain of someone they are closely tied to.
I think that accountability needs to start with our local government. If we cannot get the BOS and the Planning Board to live up to their responsibilties as elected officials, it is our DUTY to replace them all. There are many well qualified citizens in Winchester, I hope some of them will offer their services to our town. The only problem is, we all need to back them up so they can actually be elected....so this means we all need to vote.
We have been down this road before, does Erika Miner Ryll ring a bell with some people. She was like Maggie Sharra taking control of every town project then town manager. We finally removed her as we will with Maggie Sharra.
How these people continue to promote their own self-interest over and above that of those they were elected/appointed to represent is reprehensible. When will it sink in that the actions of this board will ultimately expose all of us to increased taxes because of increased legal costs and probably settlement funds if they keep this up.
I can not even fathom an elected board acting like this. This is deplorable conduct and must be dealt with both swiftly and harshly if necessary. Those members who sat on the board last night and acted like unfeeling pompous asses need to think of something else to occupy their time at night. We do not need a board like this or want one, that would treat a member of our society with such disrespect especially when this person is obviously suffering from the pain of a recent surgery. Mr. Towne did everything anyone of us would have done in seeking an extension of his hearing. Why he was not afforded a simple courtesy shows me these people think of no one but themselves. They are all very little fish in a very small pond though they may think and obviously do act in a different manner. Shame on all of you and especially Margaret Sharra for her conniving ways and orchestrating this mess we taxpayers now find ourselves in. Do you think any of us don't realize what went on behind closed doors? You are what's wrong with our town and people like you will find that we will not tolerate this behavior any longer. Do us all a favor and step down tomorrow and save us the trouble of throwing you out.
There has always been issues with this board, Margaret Sharra and Dean Beamon, not so much the others until recently. Though they put up a good front, they are less than professional, fair or just. As Mr. Towne has said, they play favorites all of the time and waivers to them are like candy to kids at Halloween, just look at their record. To treat someone like this at a public hearing was eye opening to the rest of us and totally wrong. Not only did they ignore a judge's order, they ignored this gentleman's basic right to free speech and a fair hearing. I can see why now people are very upset by their conduct and calling for resignations. I doubt any of them will resign on their own though, they have shown us they have no ethics or pride in their duties and that something else is going on here behind closed doors. Disgusting, all of them.
Not all of the planning board members were involved in this deplorable action. Jack Marsh, voted against the board in their decisions all night long. He was the only board member sitting on the panel, to raise concerns and act with dignity. Kim Gordon was not allowed by Ms. Sharra to participate in any part of the hearing or private meeting and Princess Blodgett was absent. Don't judge them all by the actions of the ones we need to remove.
What I have seen is, even if Princess Blodgett was at the meeting she would have voted right along with the rest excluding Jack Marsh, voting just the way Sharra wants her to vote. We didn't elect the independent mind as you might think when we voted for Princess Blodgett.
Sharra's goal is to be the queen bee of Winchester
Why do you think Kim Gordon isn't sitting on the planning board instead of Sharra's hand picked alternate. Sharra sets the agenda and who she wants siting on the board. If you have an Independent opinion then your out. Ask Kim Gordon.
We need to elect and support more people like Kim and Jack.
Its not the law but it's been town policy to appoint the next vote getter when filling a vacancy. Sherm has always preached, you have to go with the voters, looks like he doesn't practice what he preaches. If Sherm should step down,health reasons, guess how is next in line?
So far not one person who has control in this town can be found who actually practices what they preach. Not one of them can make truthful and honest statements unless it suits their need. Instead they make the rules bend around their own particular agenda at the expense of order and fairness and there is not a one of them big enough to stand up to it if in fact they don't agree with how unfair things are being done. If they don't agree we never know so they are all lumped in together until they start acting like they shouldn't be.
I hope Mr. Towne has contacted the court and filed a complaint against the town. Though it may cost us some more tax dollars he is well deserving of being treated fairly and compensated for this outrageous conduct. As long as we are shelling out money, it may as well go to someone deserving of it.
Bob, i think Kim would have stood a better chance if she belonged to the Winchester trail riders. I hope Kim runs again,i don't think she will meed a snowmobile to win.
Word around town is that those who acted so disgustingly are actually attempting to defend their decision by saying they did nothing wrong and that what they did was completely legal. Perhaps if they keep telling themselves that, they will actually believe it. This isn't the board we elected, this is a group obviously out to hurt someone for their own personal dislike of this person. Is it because he has taken a stand and has firmly held onto his beliefs that something going on here isn't kosher, that this contractor has been shown more favoritism by this board during these hearings than you can shake a stick at? Is it just because he refuses to bend to their will and back down? Or is it because they know he is right and are taking every avenue to break his spirit and deny him a fair hearing in hopes he will just give up and go away? Whatever this is,they have given us all another black eye and have made Winchester the talk of the area. I can't for the life of me understand how they can look themselves in the face after what they did. To take away this fellow's right to a fair hearing because he was recovering from surgery and could not make this meeting, to vote against giving him a little time to heal before he gave testimony before the board was a despicable act by cowards with what obviously is an alternate agenda. We will remember this come election time and you all can bet your last dollar, we will not forget how you treated Mr. Towne.
This whole thing smacks of heavy favoritism towards this contractor and this board is being led down a very slippery slope by their chairperson. Does she actually think she is going to get away with violating a court order not to discuss or participate? What does she think she was doing that night? It is very obvious to me that there are issues behind the scenes and possibly under the table going on here. Why else do you treat a citizen and disregard a court if not for some attempt at personal gain? I'd ask where your select people are in all of this but I have already read other blogs and know, are they involved in this disgusting and questionable behavior as well? Can't wait to read what the judge does to this bunch, hopefully he'll remove the lot of them.
Looked like plenty of vehicles at the town hall this Fri AM, with all the public servants on 4 days how does this save us tax dollars? Next week is a 3 day week for these people ,when most of the people paying the town bills will be working 5 to 6 days as usual. Its been said before, run for office or apply for work in Winchester, it doesn't get any better than this.
When a plan comes before the Planning Board, the application must be COMPLETE before they do anything.
Otherwise you are wasting the Board's time and the applicant's.
If that had been the case here with Van Dyke, we would not have been going at this application for the past three years!
It's ludicrous!
The entire "hearing" was orchestrated by Margaret when they went behind closed doors - and we all know it! Even Gus Ruth & his wife were there for back up. Will Dordonous as an acting board member wasn't allowed in the closed session. Tell me it wasn't illegal what she did.
Then to announce that their decision would be made public at the next session. What does that mean? That they made a decision behind closed doors? That they will made a decision at the next session?
It is most obvious that there is something drastically wrong with the whole process when a board accepts incomplete applications as complete an allows applicants to proceed into a hearing not having met the requirements of the town's regulations. It does not afford the abutters to these projects a fair and due process and gives the appearance of pandering and preferential treatment to those that are allowed to skirt around the rules. This is a bad practice and leaves our town open for numerous lawsuits as evidenced here. Reading what has transpired I agree with these abutters and especially Mr. Towne, this board has acted in a manner as to be very suspect in their actions and this Margaret Sharra most definitely has acted not only in bad faith; but in total disregard for these abutters and their rights, not to mention she has violated a court order not to participate. She must be removed by our selectmen immediately or the town will be subject to a suit it can not win costing us thousands of dollars more in legal fees and who knows how much more this judge may award in damages. It is sickening to think that this person put in a position of authority would act like this and that this board would so blindly follow her lead. There most certainly is more going on here than just a mere disagreement between abutters and a contractor and it has resulted in Mr. Towne's rights being trampled on and him being treated unjustly and very unfairly by this board. I hope our selectmen act swiftly for all of our sakes, conduct like this by public servants can not be tolerated in a free society. What are they waiting for, the sky to fall?
I don't understand everything I read on this blog; but it is quite clear to me that something here is terribly amiss and a grave injustice has been done to this man who had to go to court to get a fair hearing and still was denied one despite his attempts to explain why he could not go to that meeting. For these people to do what they did Monday night is a disgrace and if their conduct is not considered criminal it should be. Like I said, I am not the brightest or well educated person in town; but I am able to see when something is just not right. Good luck to you Mr. Towne and I hope you are feeling better. And know that not everyone in town feels badly about you like this board, you have many silent and invisible friends rooting for you.
I have been reading this blog for quite some time and haven't responded to anything until today. Though there are some comments on this blog concerning other matters I don't necessarily agree with I do however feel very strongly that the other citizens who have posted before me on this subject are absolutely right. There is no doubt that Margaret must be removed for her conduct, to do less would be a travesty and a show of support for someone who has so little disregard for the law and fairness. She, I'm afraid is a disgrace to us all and allowing her to continue in any of her positions for the town will only show outsiders that we are a town where anything goes especially if you are part of town government. I have known Margaret since she was on the school board and very little has changed since then. She is a self serving individual who believes she does no wrong and will say anything to get her way. Ask those who served on the board with her and those she deceived while serving on the board. You may be quite surprised at what they tell you.
Besides Sharra do we also need to wonder about Selectman Gus Ruth conduct at this past meeting? He was sitting next to Sharra and got up to whisper to in the ear of Ellen Cole while she was taking the minutes of this meeting, why? Was he conveying something that Margaret said or asking her not to record something?
This surely looked bad and very suspicious.
Gus Ruth has a very odd way of dealing with issues. He's also another one who has an "It's OK for me NOT for you mentality and tries to use his position to influence.
This town needs to see a lot of faces at the next BOS meeting, this Wed.They need to know people are concerned and are watching.
New faces would be a very welcome sight.If we don't hold them accountable they will continue on this same path.
This town needs to see a lot of faces at the next BOS meeting, this Wed.They need to know people are concerned and are watching.
New faces would be a very welcome sight.If we don't hold them accountable they will continue on this same path.
The bottom line to me is, what is going to happen to the area water supply with thousands of gallons of surridge trying to leach into a hillside that people tell me is mostly ledge. This has a potential of contaminating water as far away as Roberts La.
Where's the town attorney's we've paying and paying for? Hasn't anyone told them what's going on? And if they haven't why not? Is everybody getting fed a line?
Only Margaret has his number....It's on her speed dial!
Not entirely true, though she probably does have it on her speed dial at both the Town Hall and her home phones, I have it too ..
Barton Mayer, our town's attorney can be reached @
email:
bmayer@upton-hatfield.com
office:
224-7791 or 1-800-640-7790
or fax:
224-0320
Let him know just how you feel as you pay his salary here; but don't be surprised if you get nowhere, rumor has it he's behind a lot of what the board has done.
Rumor has it he's behind a lot more than that.
I stopped at your Town Hall today was directed to a bulletin board and read the DRAFT version of last Monday night's Planning Board meeting. I was also at the Superior Court courthouse today and paid for a copy of the trial transcript so I could read the judge's decision in regards to this meeting. Something any one of you can do.
It is quite obvious even to the casual observer that this meeting was a biased and set-up, go through the motions, disgrace from the start with Margaret Sharra in attendance and calling the shots right from the start. This Sharra woman was disqualified by judge Tucker, she had no reason other than to meddle for being there.
Here are the pertinent facts as I see them, something for all of you to think about.
This was an ordered hearing by a court judge's decision; to wit she was disqualified from attending or even discussing with other board members and low and behold who calls the meeting to order and takes the roll? None other than the disqualified member of the board.
Immediately after roll call is taken she ASKS someone on the board to make a motion so they can enter a closed hearing. Dean Beamon, her co-defendant mentioned in the abutter's lawsuit makes the motion on her behalf, like that matters, she is still orchestrating these proceedings in direct conflict of her being disqualified.
Forty minutes later they reconvene the board and state that the minutes of this little tete-a-tete are sealed under RSA-91A-III e). As a lawyer I can tell you that this does not apply, there was no legal council present.
Your Ms. Sharra continues to sit in as chair and discusses what the hearing will entail and that she/they will conduct two separate hearings despite no such order from the court.
She lets the board know that Towne, recovering from serious surgery called her that morning ( he also called the courthouse to check on his legal rights to ask for advice, it was noted in the file) and could not attend due to complications from his surgery and asked for a continuance.
After some discussion, the board hears from this Van Dyke's attorney, who is against them giving Towne a chance to come and have his hearing and who also states "the only indispensable party to the hearing is the applicant" and points to Van Dyke.
In this case Towne was the applicant as he requested and was granted by the court a hearing before the board. He submits evidence clearly already ruled on by judge Tucker previously in his clients objection to a continuance and the hearing ordered.
Ken Cole, who I understand from conversations I had in your town hall today, resigned from the board last year, made a motion to deny Mr. Towne a continuance and Ken Berthiaume seconded that motion. How indefensible to kick a man when he is down. This again violates the courts decision and this citizen's rights to participate in his own hearing.
They then had this hearing without him present and chose only to hear one part of his appeal to them; again in violation of the court's order.
These folks you have on this board are way too biased and obviously have no respect for Mr. Towne or the court. I am afraid they all are in for a rude awakening as soon as Mr. Towne is well enough to make it back up to the court house. I wish him God Speed and Good Luck.
To the attorney above:
Would you please contact us through our email, Mr. Towne would like to speak with you personally and would need your phone number. He thanks you for your supportive comments.
Honesty and transparency must come from our elected officials first and these kinds of articles help to give the false impression that wrongdoing pays off. We need to send a clear message this is not acceptable.
10/15 Keene Sentinel Not Accurate?
State probe clears Winchester police by Sarah Palermo
Interestingly there is an article about the police department in today’s Keene Sentinel. The headline reads “State probe clears Winchester police”. Like many articles that come out of the Sentinel this too is biased and inaccurate.
I don’t see anywhere that it states the Attorney General’s office “cleared” anybody of any wrongdoing except in the determination made by Sentinel reporter Sarah Palermo. In fact all Attorney Generals office states is that the claims don’t warrant a criminal investigation and that the things they investigated, which they do not tell us what they are or who they spoke to, don’t rise to the level of criminal charges. They don’t say a thing about them not being criminal – perhaps they don’t have enough evidence and they don’t say anything about things not being wrong.
So the Sentinel basically wrote a story based on either there version of things or perhaps they got the scoop from the WPD personnel who are doing everything in their power to deflect the truth. The AG’s office and the Sentinel don’t live with these people nor have they worked with them, so unless they want to do a real investigation they should keep their opinions to themselves, else they will look just as foolish as the cops in the Winchester police Dept. The following is from the Keene Sentinel article. Did the Sentinel report this news accurately?
Late last month, officials determined the claims do not warrant a criminal investigation, according to Assistant Attorney General James T. Boffetti, who works in the criminal bureau.
The office investigated complaints from at least two people, but none will lead to criminal charges, he said.
Investigators interviewed “many individuals involved directly or indirectly with the issues,” Boffetti said.
“Our task is to look to see if there is anything that rises to the level of criminal charges ... I don’t anticipate (the criminal bureau) taking any further action,” he said.
As far as which accusations his office investigated, and who was interviewed, Boffetti would not say.
Some enlightenment on Margaret's behavior to Mr. Towne in August 2009. This is from the tape recorded minutes (not Margaret's edited version) -
MS: Go ahead Mr. Towne.
Mr. Towne: Seems lately every time we come to a meeting this changes. Every time. In April, Mr. Van Dyke agreed to the 23 or 27 conditions that you set. In June he came back in because of the economy he asked for waivers on that. He doesn’t have a driveway permit. It has run out. He doesn’t have a site alteration permit. We’ve talked to the people up there. Construction starts with the first shovel full of dirt. He has constructed a berm to hold back erosion and water. He’s dug a well. He constructed a temporary road. He put in test pits for sewer and water. He actually drove his excavator underneath Public Service of New Hampshire’s power lines. Went up in the back and put up about 20 test pits up in the back. And now he is asking permission to come in and put in another temporary road and another who knows how long stall until they can get their permits. The problem with this whole process from the very beginning, your own rules and regulations state, a completed application must be submitted. And there is a check list for that application…
NOTE: he spoke for 1 minute and 14 seconds - before this interuption
MS: Mr Towne.
MT: May I continue please before you interrupt me?
MS: No.
MT: Please?
MS: I’m not...
MT: NO?
MS: Mr. Towne do not be so rude.
MT: I’m not being rude. You’re...
MS: Is?
MT: …being rude. You interrupt me every time I get to this microphone
MS: Mr.…Mr. Town
MT: …to talk. I want this on the record.
MS: Fine. It’s on the record.
MT: And not when you say when Mr. Towne is being very rude and disrupted …
MS: Mr. Towne, Mr. Towne
MT: ...like you have done before. Go ahead Margaret.
MS: Now who is being rude?
MT: You are. You gave me the floor and I am talking to the board.
MS: Mr. Towne do you have a question in regards to the septic or the well?
MT: I am trying to ask this question.
MS: Well it’s been a long time coming.
MT: You asked me the same thing..
MS: Do you have…
MT: …at the last meeting, Margaret when I got up to speak.
MS: OK, Mr. Towne ask your question.
MT: These people can ramble, but you don’t say a thing
MS: (yelling) Mr. Towne ask your question or sit down or I will ask the police to remove you.
MT: Why are you…
MS: (yelling) Period.
MT: …being so rude to me Margaret?
MS: One,
MT: Yes.
MS: Two. Who has a cell phone?
NOTE: At this point, Larry Hill handed is phone to Ms. Sharra.
MT: I just asked a question. Why are you being so rude to me?
MS: (yelling) Mr. Towne please leave.
MT: I am going to sue to personally, Margaret.
MS: Thank you for the threat in public.
This entire conversation took 2 minutes and 14 seconds from when Mr. Towne took the floor in which he was FORCED to leave the building or have the police called. Does this sound like a FAIR hearing or response to a tax paying citizen?
The answer is clearly NO!
No wonder the guys upset, she surely didn't want him to speak at all, let alone ask any questions. This is no way to treat anyone at a public meeting. She needs to be removed from this board and the selectmen need to be sure that this man gets to have his questions asked and answered. It is obvious even to me that Margaret is very biased and being completely unfair. I can see why now Mr. Towne has gone to the courts, what else could he do, she won't allow him to be heard.
I can remember reading some board minutes where it said he had been very disruptive and rude to her in the past and thought he was just another loud mouthed complainer; but now reading this and you did say it came right from the recorded record, I see things differently. It is actually Ms. Sharra being rude to him and disruptive to the meeting. Why didn't another board member, Ken B ? stop her from having what appears to be some sort of tirade while this guy is attempting to ask a question? Does she have that much control that no other member will speak up and correct her? This is surely a cause for immediate dismissal by the select board, she is obviously not acting in a proper manner and should be ashamed of her conduct. What excuse can the selectmen have now for not removing her after seeing this?
I hope that this tape is in a safe deposit box or in an attorney's office. I certainly would not want this to misteriously disappear.
No wonder Ms. Sharra does not want anyone to know what happens. There is no unearthly reason for her to be rude. I would think that the BOS would want to hear more. Ooops we are just trouble makers.
Perhaps the new blood in town will now take a stand. All of the citizens of Winchester owe Mr. Towne an apology for this disrespectful behavior.
Thanks for the blog without it we would not know what is happening.
Do you think perhaps she cut him off, because he started to list the Town's own RULES & REGULATIONS and she didn't want it out how much she had violated those rules?
Or perhaps because she is biased? And holds a great deal of animosity towards Mr. Towne?
How many people think she should have recused herself from the proceedings because of the litigation?
I was at this meeting and can attest that I was MORTIFIED by her behavior - when she started yelling at Mr. Towne. It happened so fast that by the time Mr. Towne & Mr. Homan walked out, everyone was in stunned silence. I was in shock for several days later...
Margaret then went off on a tangent for 5 minutes, until Larry Hill asked her a question. She then sat back in her chair and breathed. She was really worked up.
Why didn't Ken Berthiaum mention this at the next Selectman's Meeting? He's their representative and should have mentioned that we should be prepared for another lawsuit. Or is this one of the back room discussions? Where nothing gets resolved?
The BOS are fully aware of the many problems in town with personnel and choose to ignore these problems and the key here is it is their choice, not ours.
They did it in the planning board fiasco and in the police dept fiasco.
They absolutely refuse to address these problems.
Why is that?
These incidences are with multitudes of people across the board in this town.
There is proof of this and yet they still refuse to acknowledge the problems.
They are a disgrace to the town and they are totally irresponsible in managing our money.
There are 4 lawsuits the town is involved in right now. The BOS know this and still continue to add fuel to the fire by making bad situations worse.
The planning board has a suit in Supreme Court. This came after the budget for legal fees was already discussed. Here we have a Superior Court judge making a ruling and the BOS and the Planning board doesn’t abide by it. How irresponsible is that? How dumb is that? How do the BOS and planning board expect to defend this behavior in court?
Two years ago another wrongful termination case was settled that cost the taxpayers money because of the police dept. Again, along with the BOS Gary Phillips fired someone who had the money to take the town to court and the town eventually settled a wrongful termination case against them. All starting with Gary Phillips.
This time there will likely be more money, both in legal expense and in payout involved because Gary Phillips ruined a perfectly good cops career. A cop who had a perfectly clean personnel file, excellent reviews, year after year and someone who was well liked because of his reasonableness, fairness and yes, his integrity. How do Gary Phillips and the BOS expect to defend that when they have to do it in court?
Court isn’t going to be the same as the mumbo, jumbo hearings they have in town hall, where these egoistical, arrogant and power hungry people exist.
The worst part of all of this is on September 16th , the BOS of selectmen voted to increase the legal fees line by $20,000 and this was before they knew about Dan Reppucci’s lawsuit and before Mike Towne and Cope Holman’s appeal to the Supreme court was known about.
How much longer do they continue? They are like a cancer to this town and they need to be stopped and they need to be held accountable. Maybe as a town we can sue all of them personally for the torment they are inflicting without having to have any accountability for any of their actions.
This is nothing more than carte blanches of our tax dollars without our input and say so.
Does anyone know how Ms. Sharra behaved when Mr. Plifka presented his ideas at the planning board for the Dollar Store? One would assume that she would have been on her best behavior and the BOS would have finally reprimanded her.
Thanks blog for the info.
She was...didn't say a discouraging word.
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