Split board can't restrict ATV use on Gravel Pit Road

PARIS — On a split, 2-2 vote, a motion before the Paris Board of Selectmen that would have restricted ATV travel on Gravel Pit Road failed to pass Monday.

ATVs and other public traffic can continue to use the road, but it is currently illegal for the public to cross a set of railroad tracks at the location.

Board Chair Bob Kirchherr and Selectman Ted Kurtz cast votes that supported ATV traffic on the road; Selectmen Ken West and Jean Smart voted to restrict ATV traffic.

Selectman Ryan Lorrain was absent.

David Everett, who owns Gravel Pit Road, has been trying to prevent ATVs from using the road, but the town owns a right-of-way on the road, which board members said gives it the right to restrict or allow traffic.

Everett produced a letter from attorney David Dow, which disputed the town's right to give access to other entities.

Kirchherr acknowledged that it was likely the town could be subject to a "contentious lawsuit" by Everett, but he said that board members shouldn't let that influence their decision.

"The threat of a lawsuit is irrelevant," he said. " ... We have to do what is right."

Kirchherr noted that ATVs aren't the only form of public traffic on Gravel Pit Road, which is used by gun clubs, hikers, picnickers, snowmobiles, and others in the community.

Smart and ATV activist John Goodwin both spoke against a negotiation between Everett and ATV riders to find an alternative path around Gravel Pit Road.

"I'm not sure I'm comfortable with a compromise," said Smart. " ... I think there is a huge safety issue at that particular crossing. ... I don't want my decision to be part of any possible loss of life."

Goodwin said that the only other possible path to maintain the existing trail system would take ATVs past Paris Elementary School on High Street, and would therefore be unacceptable.

Kurtz said that members of the board were carrying on "a vendetta against ATV people. It's absolutely abhorrent to me."

A letter from Allan Bartlett of the St. Lawrence and Atlantic Railroad said that the entity is unlikely to give ATV riders permission to cross the tracks on Gravel Pit Road.

"SLA has no intention of granting additional rights to any part ...," he wrote. "[Shared] use of the Gravel Pit Road by trucks and ATVs would create an unsafe traveling environment and would degrade safety at the crossing."

Kurtz suggested that the railroad would never enforce its ban on crossing, but wanted, rather, to limit its liability in the event of an accident involving a train and a member of the public.

Conflict

A 90-minute discussion on the matter was marked by increasingly argumentative comments and body language between Selectman Ted Kurtz, who voted in favor of ATV traffic, and Selectwoman Jean Smart, who voted against ATV traffic on the road.

Kurtz repeatedly pointed to his experience as an attorney and said that Smart was not comprehending the legal issues at play. At various times, he waved his hands as if to dismiss Smart's comments.

Smart and Kurtz each employed tones, made faces, and used body language that suggested that the other was making points that were ridiculous.

Multiple times, Kirchherr asked them not to interrupt each other, and to address their comments to the chair, rather than to each other.

At one point, Kirchherr and Kurtz came into conflict after Kurtz said that the other board members were not understanding the legal issue before them.

"To insinuate that I don't understand the written words here is an insult," said Kirchherr.

"No offense intended, my friend," said Kurtz.

"Well, it was given," responded Kirchherr.

Smart also spoke sharply to a member of the audience, who spoke out of turn to say that, by blocking ATV traffic, the town was risking a lawsuit.

"Go ahead," responded Smart.

The board voted 3-1 to force Kurtz to recuse himself from participating in a vote about whether to seek a new town attorney. Smart accused Kurtz of having a personal bias against the current attorney, Geoff Hole, a charge which Kurtz denied.