At the June monthly ZBA meeting, Art Charland, one of the appointed alternates on the Planning Board offered his services to John Hann and volunteered to be an alternate on the Zoning Board. Art has much experience in ZBA and PB duties having been on boards in other towns. Art should be commended for his willingness to take part in town business and offering his expertise and service. John accepted Art's request and he was confirmed an alternate by all the members of the board.
However, just before last weeks meeting of the board, he received a call from John Hann and was told he could not be an alternate; because it was stated, this would be a conflict of interest and not allowed under the law or the new Conflict of Interest warrant passed by the town this past election according to Margaret Sharra. Art questioned this by asking, then how is it that Ken Cole can be appointed to both boards and Margaret Sharra, a part-time town employee, Chairperson of the Planning Board and appointed secretary to the Zoning Board, as well a member of REDC and other committees, not be considered in the same manner? Clearly this too violates the law. John Hann replied, " NO ". When asked to explain he stated because Margaret said so. HUH???? Does this make any sense to any of you ?? Is it NOT clear what's going on regarding the law and Ms. Sharra's feelings?
Here's another one that should have you shaking your heads.
In regards to the old train station in Ashuelot, recently purchased by Jane Sheeran. Seems, we are told, she wants to tear down the old historic building, so she went to Leroy Austin, our code non-enforcement officer, who, issued a permit to her so she could go ahead with the demolition. Course, Leroy, in his usual manner of incompetence went an issued the permit for Lot #45 on Map 19 .. So you ask what's wrong with this? Seems legal enough, after all he's entrusted to act as an agent of the town and surely he's qualified to make these decisions, right? Well believe it or not, Leroy issued Ms. Sheeran a permit to build/demolish on the wrong piece of land. Yup, he's screwed up again and put the town squarely behind the eight-ball, which could lead to a lawsuit. You see the information received for the ZBA hearing that took place Thursday, July 1st - was that the building permit that Leroy Austin gave to Jane Sheeran for the Railroad Station for Lot #45 on map 19 was:
Please note the location that it was submitted for:
| ||
| WINCHESTER, TOWN OF | ||
| ||||||||||||||||||
| Notes: ASHUELOT CEMETARY
| ||||||||||||||||||
LOCATION: | OLD HINSDALE RD. | ACRES: | 0.5 | |||||||||||||||
There's so much more we could add to this topic; 10 sick days, $1200 dollar picnic tables, more wasted dollars on chip sealing town roads after last year's fiasco, purchasing cruisers after a warrant clearly showed the town's citizens said NO and on and on it goes; but we don't want to put all of our cards on the table ( so to speak ) right now. We'll add something new every week just to see and hear your reactions and read your comments.
Winchester, stranger than fiction ..
16 comments:
Correct me if I am wrong as I thought that Ms. Sharra was an hourly employee. I also thought that we did not vote on any conflict of issue warrant at town meeting or the deliberative session. If I remember correctly the powers that be said no to any conlflict on the ballot. If that is the case then Ms. Sharra has no right to say no.Think about that people. Here we go again. Another power play.
It is true that a single person cannot serve as a voting member (including alternates) on both the planning and zoning boards. It is a NH statutory conflict of interest. The ZBA is by its nature in a combative position against the the PB. It is an APPEALS board to which people go to appeal a PB decision. You can't have someone sitting in judgement of their own decision.
If Ken Cole is indeed either a regular or alternate, elected or appointed, member of both the ZBA and the PB, that is clearly in violation of state law. If this is the case, inquiries should be made to the Secretary of State.
The town's conflict of interest ordinance is nothing but BS that town employees amended at last town meeting to be nothing but a confirmation of state law. It has no other authority than was already in place.
As an employee, MS is not a voting member or, technically, even a contributing member of the ZBA, so she is not in violation of the law.
The old Margaret Sharra double standard rule, "do as I say; not as I do". We've all seen this before. I hope this Art fellow stands up to her and that dim wit Hann and holds his ground.
Austin is a dead weight around the town's neck. Sooner or later he's going to cost us some big bucks for his ways.
Leroy is the only smart one in the town hall with very few exceptions. Leroy should be kept in office for one reason.. Keeping Queen Bee Sharra and Beaver Dam Ruth out of control of the code enforcement office. Can you imagine with Leroy being retired and Queen Bee Sharra directed by Beaver Dam Gus Ruth controlling the code enforcement office. These people and the F.O.G. have a hostile attitude with hatred towards the opposition citizens who wish to prevent them from achieving their agenda. The minute Leroy is retired these people under the authority of the code enforcement office will be at your door.
Keep Leroy Austin!
According to State Laws, Margaret Sharra & Ken Cole can be on both boards, but they can NOT be in the proceedings of any items that would come before them. They have to recuse themselves and NOT comment on anything. They would be cause for a lawsuit.
Having Margaret taking the minutes of the ZBA meetings is truly a conflict of interest and should NOT be allowed.
Your right Anony, Leroy’s job must be saved, the alternative to him is very scary, Leroy doesn’t bother anyone that doesn’t deserve attention. Leroy will help anyone,this is more than anyone can say about the others bunch in charge at the town hall. Leroy is defiantly smart enough to know things about Tedford and Ruth. Maybe Leroy has pictures.
It is easy to file an injunction against the ZBA at Cheshire County Superior Court. First you write it up, grab your check book and get into your car and drive to Keene. They will not come to you. Oh! It takes money to file. Not me, let someone else do it! Maybe Brian Moser, Mike Towne or Bob Davis will spend their money on your behalf. You say, I will give my opinion all day long but not my cash to solve a problem.
This is the problem with this town and this is why it will never change Sharra and Gus Ruth know it.
Keep Leroy Autin!
Sorry, even Batman would have a hard time solving this crime!
According to State Law;
No two members of the planning board can also be on the zoning board. It is against NH state law.
Margaret Sharra is the appointed Land Use Department Head, she's also an elected member and chair of the planning board and the "appointed" secretary of the planning board ( despite the members choosing Kim Gordon ) and she is the "appointed" secretary to the zoning board; who is sometime called upon ( which is illegal ) to give advice and her opinion by John Hann on zoning matters; hence a member of the board.
Ken Cole is an "appointed" member
of the zoning board and Margaret Sharra's hand picked alternate on the planning board. He claims he is the zoning board's legal representative; however there is no such thing. He's nothing more than Sharra's lackey, who'll vote exactly how she wants him too. Most times he hasn't a clue to what's even being discussed or what he's voting on (see PB minutes)
Hence you have two members on the zoning board who also serve together on the planning board.
THIS IS A CONFLICT .. and shows how Margaret Sharra is forcing her will on what gets approved and not approved in this town and who jumps through hoops and who doesn't. Also remember she is a self appointed member and big influence on the RED committee.
When you have one person so involved with so many different aspects of controlling growth and development in one town you have bias, corruption and the possibility of many lawsuits as we have seen, mostly because of her bias and no over sight by our Board of selectmen.
so file an injuction at superior court
It is helpful to consider the capacity in which the other board acts. If the board must notify abutters, hold hearings and hear and weigh evidence before rendering a decision, those decisions are characterized as a judicial or quasi-judicial board, as opposed to administrative or legislative. This is an important distinction because when a board member is acting in a judicial or quasi-judicial manner, the courts will apply a stricter rule of fairness in terms of potential conflicts of interest of the board members deciding the case. Winslow v. Holderness Planning Board, 125 N.H. 262 (1984).
When multiple board memberships are involved, this will likely result in an increased need for alternates as disqualified members are forced to step down from cases. In the interests of fairness to applicants and in the proper and smooth administration of local boards, careful consideration should be given before a person is appointed to multiple boards.
This is because RSA 673:7 permits planning board members to serve on any other municipal board or commission so long as it does not result in two or more planning board members serving on the same board or commission.
As required by RSA 31:39-a this provisions of the ordinance shall contitude grounds for removal from office upon petition by any person to the Cheshire County Superior Court.
As required by RSA 31:39-a this ordinance exempts affected officers and emplyees who are in office or employed at the time the ordinance is adopted for a peroid not to exceed one year from the date of adoption.
So if I read this right they can stay in office till next March, 2011.
So if I petition the court it would be under RSA31:39-a.
Think about this blog-what would happen to this town if the BOS happened to select Ms. Sharra to replace Mr. Gray. It would be more than "riddle me this"
Has anyone heard the scoop about the cell phones? How the fire & police departments no longer have cell phones?
We would be riddled allwright.
Post a Comment