Towns have landowner’s access in limbo
by Margo Avakian
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HALIFAX- Jane Rowen Kuhn brought the selectboard a tale of two towns and one road on Tuesday night. Kuhn owns property on Aldrich Road. Both the road and Kuhn’s land are divided by the Halifax/Whitingham town line.

Kuhn told the board that she wants to subdivide and sell three parcels on the Whitingham side, but the town of Whitingham is thinking of discontinuing its section of Aldrich Road, a class four road. That section runs from MacMillan Road to Kuhn’s property and is, she said, “the best and safest way in” to the parcels she plans to sell. It is still occasionally used by pickup trucks, Kuhn said, and has been graded in the past, though not recently. Kuhn said that Whitingham seems to be thinking of converting the road to a snowmobile trail.

If the road is discontinued, Kuhn argued, it would “cut off access for fire trucks.” Also, if the only access to the parcels is from the Halifax portion of the road, Halifax would bear the burden of providing service to properties taxed by Whitingham. “The road,” Kuhn said, “was meant to serve both towns.”

While Halifax has no authority in the case, the board has received an invitation from the Whitingham selectboard to attend its December 16 meeting and give the town’s views on discontinuing the road. That invitation was affirmed by Keith Bronson of the Whitingham board, who was also present on Tuesday. Kuhn urged the board to accept and hoped they would consider speaking in favor of maintaining Aldrich Road.

Mike Drummey, speaking in support of Kuhn, said he thought there was “similar maneuvering to what we went through a few years ago.” Drummey built a home on what had been a trail but was reclassified to a class four road in order to permit the construction. “I strongly urge you not to support” any effort to discontinue the road, Drummey concluded.

Board chair John LaFlamme pointed out that trails and class four roads are public rights of way. That means that Aldrich Road can be used for snowmobiles now (and is), but if the road is discontinued, the land reverts to the property owners, whose permission would then be required for snowmobile or other off-road vehicle use. In other words, whether Whitingham discontinues the road or not, it does not have the power to change it from a road to a snowmobile trail.

“We need to consider what avenue Halifax should take, if any,” LaFlamme said. Should the town hold a public hearing on the matter? Should it take any position at all? If so, would problems arise from the fact that attorney Robert Fisher represents both towns? The matter will be on the agenda for the next selectboard meeting. Interested townspeople are urged to attend.

Board of auditors chair Mary Brewster reviewed the auditors’ requests for narrative and financial reports. Brewster made it clear that the auditors understand the town’s budgeting schedule and do not expect to receive town and highway budgets by the December 1, 2009 deadline set for all other information. In any case, Brewster pointed out, the budgets don’t need to be audited. Brewster told the board that a number of reports had come in the previous day, including the highway report. Green, the selectboard’s bookkeeper, and Brewster came to a quick and amicable agreement on a delivery date for the account summary still outstanding.

Brewster and auditor Merle Eggert then asked the board whether any long-term debt had been taken on during the last fiscal year. The town did sign a lease to purchase contract for the new excavator (replacing the burnt machine). But, said Green, “It’s not a debt. It’s a lease.” Green’s position is that because the contract contains an “opt out” clause for either party, it does not constitute a long-term obligation. The town could, theoretically, choose to return the excavator on 30 days notice and pay penalties rather than complete the contract. The auditors held that a contract is an obligation, as the term “penalties” implies.

Brewster’s last question was how the board accounts for purchases of items like sand or gravel that are to be used over more than one year. LaFlamme told her that the town does not make multiyear purchases. What is bought in one year is listed as an expense for that year only.

Highway commissioner Bradley Rafus announced that the snowplowing team of Travis Briggs and Ben Barnett, winners of the Vermont competition, represented the state at the New England regionals on Wednesday, November 4, and placed third.

Rafus also reported a problem with a logger working off Old County North Road. In the past, the road crew has used the drive to the old Whitehorn place as a turnaround. But “the logger has vehicles parked” there. Rafus asked if the board wanted to send a letter to the landowners to let them know of the situation. LaFlamme said that the board has no say in what is parked on private land. “If the logger is using a turnaround on private land, let him plow it!” said LaFlamme. The board was more concerned that the logger repair any damage caused by skidding logs along the public right of way. They will send the landowners a letter making it clear that any damage must be repaired.

Asked by Rafus whether the bridge account has enough money for repairs to a bridge on Josh Road, Lewis Sumner said he is sure there is.

In other business, the board reported a final ice storm payment from FEMA of $231,000. The state portion, said Green, is $2,016.74 short, the state having run out of money. The board voted to okay the placement of a new utility pole by FairPoint to replace a deteriorated underground line.

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greenskeeper
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November 19, 2009
if the road guys are so good at plowing. how come the winter road conditions in this tow suck compared to other towns in area?

and how do you have a snow plow competition with no snow?