Alexandria Board of Selectmen

July 27, 2006

Work Session

Members Present: Bob Bacon, Cindy Williams (Peg Reilly is excused)

Others Present: David Gagne, David Nicholson, Nicholson, Lori Ingham,
Christie Phelps, Jeff Cantara, Marla Walls,

The work session came to order at 5:00 p.m. Bob Bacon asked Cindy and Jeff to explain what they have done to date with regard to research on Bog Road.

Cindy said that she has done a considerable amount of deed research. She and Jeff have walked lines that were stated in feet/rods, etc. to determine where lot lines and the town’s right of way are. They worked off of stakes & pins on surveyed lots. Further down on Bog Road, surveyed lots measure out that the width of the road is 50’. Mr. Gagne said that the town has expanded the road in front of his house at least 8’ in the past few years. Cindy explained that as long as the town does not exceed the limits of its right of way, they are within their rights to widen the road. Cindy pointed out that the traveled way is not the limit of the town’s use. There is a right of way beyond the traveled way in order to allow for maintenance. Mr. Gagne said that the road has never been established. Mr. Gagne asked why the town wants the road wider. Bob said the town does not want to widen the road, there are not intentions of making it wider. Mr. Gagne asked for a letter from the town saying that they are not going to widen the road. Cindy said that the research is being done in order to determine the layout of the road as one cannot be located. Jeff wanted it on record that he has tried to work with Mr. Gagne and Mr. Nicholson. The road has been graded several times, and the highway department has not touched anything on their properties. Bob said that the best protection for the properties is for the owners to have a professional survey done to determine their lines. Cindy said she talked to the town attorney and told him that it appears that the corner of Mr. Nicholson’s barn is in the right of way as well as a tree. The attorney suggested that Mr. Nicholson have a survey done. If the corner of the barn is in the right of way, Mr. Nicholson as well as the town could be held liable if someone hits it. If the fruit tree is in the right of way, it can be requested that it be moved. The same with Mr. Gagne’s stones. Mr. Nicholson said he could use reasonable means to protect his property. Mr. Gagne said no one is touching anything on his property. Cindy said the rocks are a liability to the town. Bob said the attorney pointed out that if somebody hits the rocks and it is determined that they are in the right of way, not only will the town be sued, but the property owner will be invited to the party as well. Mr. Gagne said you cannot lay out a road after the fact. Bob said it has been there for twenty years. Cindy stated that after twenty years it is considered a prescriptive easement. Mr. Nicholson said he found that there is a town easement, but what is a town easement? Cindy replied it is the town’s right to use it. Mr. Nicholson said that it doesn’t give them the right to widen it. Bob said there has always been a road there, but there has never been a deeded right of way to the town. Therefore, these property owners both theoretically own to the center of the road. But, because it has been used for over twenty years as a town road and plowed as a town road, there is a prescriptive easement, meaning that the road now exists without compensation. Bob said from what Mr. Nicholson and Mr. Gagne were saying, they did not want the town to take any more of their land. Mr. Nicholson said he just wants to know that his house is going to be protected; his barn is going to be protected. Cindy said the barn is going to end up in the right of way. Mr. Nicholson stated that Mr. Ramsey told him the road is two-rod or 33 feet wide. Bob said letters need to be sent to the other property owners on the road. Christie said Bill Bucklin stopped into the office and said there should be a layout on the Bog Road from Fletcher Road down to South Alexandria. Mrs. Nicholson asked how they are protected when their buildings appear to be in the right of way. Bob said that the road agent has assured everyone that the road will not be widened during his term, which is three years. Bob also said he couldn’t imagine any court allowing the town to take buildings, but more research has to be done to determine what protection can be offered. The only way to truly determine boundaries is to have surveys done. Mr. Nicholson asked the selectmen to make it a two rod road which would leave his house out of it. Mr. Gagne asked the selectmen to put in writing where they want the rocks to be moved. Jeff said at least even with the telephone poles. Mr. Gagne said that he will do that as long as others in town will be required to do the same.

The work session was adjourned at 6:00 p.m.

Respectfully submitted,

Christie Phelps

Admin. Assistant

Alexandria Board of Selectmen

Deliberative Session

July 27, 2006

Members Present: Bob Bacon and Cindy Williams

The meeting came to order at 6:00 p.m. with two members present. Selectman Reilly is excused.

Pledge of Allegiance:

Led by Bonnie O’Brien

Distribution of Minutes:

July 20, 2006

Approval of Minutes:

Waiting until Selectman Reilly returns

Department Heads & Committees:

Jeff Cantara, Road Agent: The crew is rebuilding Gordon Hill Road due to water damage. Jeff
said that the crew has been spending money to rebuild roads to avoid future washouts, and so far
it seems to be working. Bob said there is a letter from a Gordon Hill resident thanking the road agent
and the police chief for their recent assistance. Jeff stated that there is an important water turn on Gordon Hill Road that needed some work. Bob asked if there is a written agreement with the landowner. It was determined there is not. Bob said we need to get one. The town will receive
approximately $141,000 from flood reimbursement. Jeff said he is very proud of his crew and what they have done with all the water issues. They have done an entire year’s work already. Lee Eastman of Eastman Painting said he will complete the painting on Akerman Bridge as soon as he stops having to pick his staging planks out from downstream. The selectmen had some questions about some driveway applications and Jeff gave his opinion. The selectmen are concerned that some permits to construct are
being held up for reasons not included in the ordinance. Jeff explained that standards need to be determined for road improvements.

George Whittaker: Working on Hazard Mitigation Grants. NFIP has the digital flood maps available
now, but they are not very good. George wants to purchase two GPS units. Bob reminded him that he needs a purchase order and three price quotes. George told the selectmen that well installers are supposed to be registered with the town. George expressed a concern that the handicap parking space out back is not being left available and it needs to be for voting day. Bob let him know that they will make sure handicap persons have access to the building on voting day. A new voting booth will be delivered by the state and they will pay to install a special phone line for a fax machine to be used in the booth. Christie was asked to call to find out who is going to pay the monthly fee.

Planning Board: Christie read a statement from the planning board chairman regarding activities for that board.

Announcements:

Selectmen’s Meeting August 3 at 6 p.m. preceded by a work session at 5 p.m.

Planning Board Work Session on August 2 at 6 p.m.

Planning Board Meeting August 16 at 7 p.m. preceded by work session at 6 p.m.

Land Use, Building Permits, Purchase Orders, Other Items Requiring Signature

Abatement of timber tax for Wilmer Brownell trust-$379.44

New Business:

Police Chief: The field has been narrowed to five people. Someone asked if the names of
the finalists will be made public; they were told no. The applicants may be working somewhere
and if their employers found out, it may cause some harm. There were fifteen applicants. Cindy said John Bomster called her about an article in the Citizen that said a decision would be made within two weeks. The reporter quoted John as saying that, but he did not.

Public Input:

Barry Allen from King Road was in to ask for work to be done on the road as it is not wide enough
for two cars to pass in some places due to erosion. The road agent explained they will do what they can with the erosion. The issue with intersections on that road will need to be dealt with at a later date. Several options were stated, but much more research is needed before a decision can be made.

Adjournment:

Cindy Williams made a motion to adjourn the meeting at 7:20 p.m. Bob seconded the motion and it passed by a vote of 2-0.

Respectfully submitted,

Christie Phelps,

Admin. Assistant