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a' Did you ever step down from a serectmen,smeeting when Terry Miller of the National Forestserwice at meetings of the selectmen <iisc'ssing ril'Man Snowmobi].e Renta]-s ?
A. I don't believe so.
a. Why would you step down from sel_ectmen
meet'ing's about snowmobiling to another rentalcomPany but you didn' t step down from Lir r LIan
snowmobile Rent,als as a selectman when the issuescame uP?
A . WeI I , the i s sue has no thing to d,o wi thsnow machining really. what the issue had to do
with was for me as a serectman making, d,ecisi-ons.
In the case of Peter Gagne, there was adecision made by all three members of the board,,
unanimous decision to close down Albany Awenue as
access because it, used to access the Bear Notch Deliand the Bear Notch Deli burnt d.own so therer s no
reason to access it.
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IetterIn response to that, I got a certified.
form Peter Gagne, because our trails used toabout, a hundred feet of hj-s property priorL_:_::*"
to him purchasing it, that we are no longer welcome.Bear Notctrts clients aren't welcome. IiIe arenrtwercome to bring our vehicles on his property and we
aren't al.J.owed to do anything on tris property.Now, that put me in untenabJ-e position of
no matter trow r woted on the serectmer:f s board , Lf rwoted for and his insinuation was unti_l thre trairgot opened again.
So, basically, it was what I thinkconsidered almost a blackmail-ish move, but it leftme in the untenable position of if r voted foropening up Arbany Ave. , it looked like r did it justto better my own business.
It also gave me the disadvantage of if Ivoted against opening it, that I was doing itbecause r was vindictiwe of him closing the traildown r So it basically gave me no stand.ing there,where in your case that' s never been the situation.
A, There was never any exchange in e-mai1s
between Terry Miller and the Northeast ski Team
regarding a situatj-on up en the trairs with Lil' Man
2 , Garrand, chained up three of r.,il' Man snowmobires3 i along the railroad tracks, what was known as the4 sisters restar:rant in the village of Bartlett?5 r A. Newer.
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A. So yor:'re stat,ing right now that ilohnGarland never chained up
A. f 'm stating .Tohn never did it. I ,m
stating' the location yourre talking about isnrtcorrect, either.
a. So the location is not correct?A. And .Tohn didn ' t do i-t, ei_ther .
13 a. well , who d.id it?A. r did.
A. }fhere was the J-ocation that you chained.
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17 I A. It was on our permj-tted trail on other18 ] side of Bear Notch Road, a trair that we actually19 I paid to get a pe:-nit from. They had. just got done
20 i vandari zj-ng those trails in the middre of the day
7Ll when skiers are out there. rt's a liability for us.22i It,'s an insurance lialrility for us and it's a
23 ', a. Do you not offer latitude in considerationL*."-.-.--J
Douglas Garland
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that ttrese peopJ-e that traverse these thisexclusiwe cross-country ski trails perhaps ttrey m-ynot }.awe known that they did, wrong and that, theywere wandals?
A. I'm sorry. But every time we catctrsomebody they say they didn't know they were doingsomet'hing' e*ong. r assume they know how to read.Most of our signs actually have a snow mactrine. you
don't hawe to read it. rt has an x across the snow
machine . There' s many of them up t}:ere f luorescentorange. ft' s hard for me to how they got up therewithout knowing what, they're doing.
A. So you thought chainingr the sled.s up was
the best way to handJ.e it?A. we hawe to actualry catch the sled.s on the
trails and we have been tord you hawe to hawe thesleds on the trails . yes , rt didn' t damagre thetrails at all.
Actua1ly left, them there so we couJ-d, getpictures of them / prove where they were, which
wasn't on a multj_ple-use trail . Ifthat, they would, have just lied and
1 i couJ-d prove that they were.2 i a. How far from the place that they were3 i chained up to the Lil' Man snowrnobile rental office4 these peopJ_e walked back?
5I A. About a mi1e, I garess. I donrt know.6 I A. Do yorr feel that you trawe a mora17t, responsibility and oblig,ation as a natiwe and.
8 1 selectsran 'Eo retai-n the Town of Bartret,trs naturaln I beauty by hindering smarr businesses, particularly
tO i snowmobj-Ie rental companies , from prospering?11i A. I won't even answer that. I mean, that,sL2i a ridiculorrs question.t3 j a. you hawe knowledgre that the roadway next14 i to the precinct, field, was being gated and locked15 I sporadically from time to time by the rec director,16 i Mrs. Annette Libby?
17 ! MR. SCOTT: Objection. There,s18 j no this case has nothing to d.o with access overt t i that driweway . That ' s been dealt wi th on the prior20 | cases . They're closed. rt' s been deart with by the2L i state courts and the federar courts, so we're not22 ) going to re-di"c,rr" that this morning.,ti a. were you invorved. in erecting the storage
shed on ttre precinct, field?A. yes. I volunteered to heJ.p the rec
department . Actually, r worked. on the d.uglouts . rdidntt rea1ly work on the stre<l, but it,s a projectthat, went on at the sarne tj.me.
a. So you actual.J-y got your trand.s dirty and
was down there putting the shed. up?
A. f don't know if my trands got dirty but fhelped out.
A. That shed s j_ts halfway does that shed.
sit halfway on the what was once a d.riveway or a
roadway that exited into the snowmobile trails outback?
A. I don't know.
A. When you used Mr. Steptren Libby toresearclr the precinct, fj-eld at the ossipee t,own seatfor research being done for markers, boundary rinesand such, did he get compensated for his work?
MR. SCOTT: Objection. Therer s been
no testimony that the town used Mr. Libby for Lhat.
$1' understanding is he did it, as a woh:nteer, but ifyou want to rephrase the question to find out if he
i was retained by the town to do it or requested byI
the town to do it, that's a fair qrrestion.A. r agree . rtr s volunteer . Ttre informati-on
was giwen to us, but we didn ' t reqr:est trim to do it.A. Did lfr. Libby have any J-icense or
sctrooling from the state of New Hampshi-re to do
survey work, title work or registry of deed workthat you know of?
A. I don't know if he does or not.
a. How much credence did you afford hisdocuments that he subrnitted, to the selectsrenr sOffice in his report?
A. We1I, f gruess f would say by itself it was
just information, I garess, untiJ- the surveyoractualJ.y gave it credence. The surveyor canne up.
We had hired a surveyor at one point torun that line after we reestablished the corner thatmysteriously went away up by your property that theyhad to find.
Regtetrlber when Terry Mi1ler carne up thatto kick him off? Aft,er t'hat was
could actualJ-y continue witha master plan on the rec
precinct fieJ-d. We needed to
day and you tried
establishedr so we
we're trying to d.o
department on the23!I
Duffy &
Douglas Garland
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est.ablish actua1ly where our bor:ndaries were.
Apparently, one boundary up by yours went missingr
and we were trying to reestabJ-ish the line correctJ-y
because we didn' t want to infringe Llpon your
property.
A. St'ephen and Annet,te Libby submitted
pictures and. their statements with those pictures
and the pictures were many and they inwolwed t'he
curtilag'e and those pictures inwoJ-wed the
curtiJ-age, guest cabins and other persons or things
on Mr. Furlong' s property. Do you recall anything
about that?
A. No.
A. Did you authorize Annette or Stephen Libby
to report to you anything pecuJ-iar that was
happening on Mr. Furlong's property?
A. Not that I remember, no.
A. VIas there a selectman under a felony
indictment whi].e seated as a Bart,lett selectman?
A. I don' t, know.
A. A Mr.- Jon TanquaY?
A . A]-l I know about that i s wtrat I r we read in
the papers / so you probably know as much as I do. I
5 Board writes it.6 Q. Do you recal-I Mr. FurJ-ong coming to the
8 the right-of-way that he thought was attached to his9' historica1 J-odging property?
10 A. Yes.
11 A. More than one time did he come to theLZ selectmen' s meeting complaining?
13 A. I be].ieve so. I'm not, surre if it was more
L4 ' than one time complaining about that, but you have
15 come complaining about severar things seweral times.15 A. Do you feel Mr. Furlongi got his right,fulL7 due process regarding that right-of-way that was
18 attached to his historical property for over
19, 130 years?
20 t, MR . SCOTT : Ob j ection to the f orm and
2t the substan that question. f think that22 presupposes something that, this witness may not23 , agree with, so the way the question is asked, Lf he
your two businesses / the eross-countrlz ski businessand his snowmobile rental business with the crassesup on the traiJ-, do you think you couJ-d., Dor:g
Garland, sit as an impartial person on a jury ifMr. Furlong was involwed in a criminal case and
needed an impartial jury? Do you think you couldsit on that jury?
MR. SCOTT: I object to that, question.r would i-nstruct, him not to answer. That.'s nothingr
to do with
MR. FTIRLONG: Well , it does . I mean,
there are state statutes . An official-, if theycan't sit as an impartial 3uror from the standpointof giwing a fair decision on a person / then they
should step down.
MR. SCOTT : I think j-f you ask him ifhe thinks he could render a fair decision on an
issue that you brought that was brought before him
as a selectman or as a rnember of the pranning Board,
you can ask that q'uest,ion, but the way you asked it,I find ttre question to be object.ionabJ.e.
A. So even though Mr. Furlong has a cabin
rental business and a snowmobile rental business and
I , , do hereby certify ttrat I haveread ttre foregoing transcripl of my lestimony andfurther eert'j-fy that said tianscriit (with,/without)sugrgested correcti-ons on the Erratl sheet is a trl:eand accrrrate record of said test.imony taken at thetime and pJ-ace designrated.
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Date
Subscribed and sworn to before me thisof , 2012.
Notary FublicState of New HampshireCommission expires:
T, Susan F. LozzL, a Licensed RegisteredProfessional shorthand Reporter for the state of New
Hampshire, do hereby certify that the foregoing is a
true and accurate transcript of my stenographicnotes of the proceeding taken at the place and on
the date hereinbefore set forth to the best of mv
sirl and ability under the conditions present at thetime.
f furthor r-ar]- i rrr that f am neither attornev orcounsel- far, nor rerated to or empl0yed by and ofthe parties to the action in which this proceeding
was Laken, and further that r am not a relative oreniployee of any attorney or counsel empl_oyed in thiscase/ nor am r financially interested in thisrrr.i^-.qULJL,,11 .
The foregoing certification of thisdoes not. apply to any reproduction of the
any means unl-ess under the direct controldirect ion of the cert i fying report er.