Ed Naile, CNHT

Hear Ed Naile every Wednesday morning on WLMW 90.7 FM on the Girard at Large radio show or listen to the archives at Voter Fraud Radio

Don't Mess With Little America

CNHT has a request from some of the 16 homeowners and taxpayers situated on a small peninsula on a lake in Milton for some help with an odd threat to their right to access their property. Here goes:


The homeowners received a letter dated 11/29/07 from New Hampshire Northcoast (NHN), a railroad, stating that according to their information the 200’ road that leads from a public highway to the peninsula and in the process crosses their train tracks is a “private way.” The company does not provide any proof that this 200’ of paved road, the only access to the peninsula, also known as Little America, is “private” – proving something like this can become a sticky wicket in jolly old New England.


Next, the company offers the suggestion that the homeowners get liability insurance to cross HNH tracks. Remember that recently, just up the tracks from Little America, two teenage girls were run over by a train while laying across the tracks getting a sun tan. The HNH letter states that Little America is required to “document their rights’ to cross the tracks with a contract which typically includes insurance.


HNH sends a copy of a state law, RSA 373:10, which if read objectively has no requirement for Little America to do anything. The railroad also sent a suggested insurance policy format.


Nice try, but Little America ain’t buying. They have deeds with rights of way over those tracks that go back to the 1940’s at least.


Next HNH sends a follow up letter on 5/29/08 stating that HNH will have no alternative but to close the crossing as of August 1, 2008. HNH also claims once more that the street in question, Ohio Street, is private. Once again no proof of a vote by the town or any other evidence Ohio St. is private. This is where CNHT comes in.


I went to the Milton Selectmen’s meeting two weeks ago, a two hour drive, and let them have a Right to Know request for the deeds to the property involved. They complied and shazaam, it turns out the land on which Ohio Street is situated is owned by (drum roll please)…the State of New Hampshire!


Now readers, you’re an enlightened bunch, here are some other facts and laws.


Ohio Street is paved – done so by owners years ago

Little America had deeded rights of way.

Little America has public water and the Town has water facilities on the peninsula.

The town has been plowing the road for a long time.

The land is owned by the State of NH.

Anyone is allowed and has always been allowed to use Ohio Street as a public way.


373:1 Facilities. – It shall be the duty of every railroad to provide suitable crossings, stations and other facilities for the accommodation of the public, and suitable gates, crossings, cattle passes and other facilities for the accommodation of persons whose lands are divided, or are separated from a highway, by a railroad.


373:6-a Private Crossings Used by Public. – Whenever it shall appear, after notice and hearing held by the department of transportation upon its own motion or upon petition of any interested party, that an existing grade crossing is being used as a public highway and the adjacent approach or approaches thereto are maintained for use in a manner similar to a public highway, the department of transportation may require the same to be laid out, constructed and protected, and the costs thereof apportioned in accordance with the provisions of this chapter provided that the railroad shall not be charged with any of the said costs.


373:10 Railroad Signs, Gates and Other Protection. – Every railroad shall construct, or improve, and operate and maintain at every grade crossing of its railroad with another railroad or highway such warning signs, gates or other protection; it shall so regulate the speed of its trains across any grade crossing and it shall give such appropriate warning of the approach of its trains to any grade crossing as the department of transportation, after notice and hearing, may find necessary in the interest of safety of the railroad or of the public; provided, however, that cost of constructing or improving such warning signs, gates or other protection shall be apportioned in accordance with the provisions of RSA 373:3. The railroad shall maintain signs, signals, gates or other equipment installed within the limits of its right of way, after the installation thereof.


And my favorite:

Closing of Highway Crossings

Section 373:24

    373:24 Service of Orders. – In the case of a private crossing, such order shall be served upon the railroad and the landowner affected, or his legal representative. In the case of public crossings, service shall be made upon the railroad, the clerk or clerks of the towns directly served by such crossing, and, in addition, the order shall be published in a newspaper having general circulation throughout the county where such crossing is located.

Source. 1935, 110:3. RL 299:41. 1951, 203:58 par. 24, eff. Sept. 1, 1951.

If on August 1, 2008 the railroad company, HNH, does indeed close the access to 16 private homes along with the town water facilities without first going through the owner, the State of NH, the process of DOT hearings, and notice and agreement of the Town of Milton they need to have their heads examined.






Americans For Prosperity NH

A New Hampshire chapter of Americans for Prosperity Foundation (AFPF) meeting was held in Manchester at the Radisson Hotel on Saturday, its the first in what will be an ongoing series of much needed taxpayer training schools.

I was there.

Glen Caroline, Executive Director of the National Rifle Association (NRA’s) Institute for Legislative Action (ILA) was the (great) featured speaker at the grassroots school designed to educate New Hampshire citizens about economic policy and help them become more involved in the policy-making process.

Simply put, the training gives citizens nuts-and-bolts know-how about being successful in political activism. The program included instruction on how to write letters to the editor and how to effectively contact elected officials, plus effective ways to organize neighbors, communities, and like-minded citizens, just like the NRA is famous for.

And I noticed a little something I have not seen for a while – two gentlemen sitting next to me who were taking extensive notes. Some of the best activists I have known in my twenty years doing this I have I met at workshops just like the one AFPF was holding.

AFPF New Hampshire Director, Corey Lewandowski, is an old friend of mine from a past political campaign or two and had this to say:

“Grassroots groups like ours are essential to preserving a vibrant democracy. Our goal is to equip citizens with the facts and figures and know-how to make the case for limited government.”

I’m all for it. The more freedom groups active in New Hampshire the better!


A Tip Of The Hat To The Guys With The Cap

As the Rochester Concerned Taxpayers have already collected the necessary signatures for their Spending Cap proposal, they will be presenting petition to the City of Rochester for placement on the November ballot.

Let’s see, soft economy, high taxes, high gas prices, home assessments dropping steadily with no end in sight, what do you think the chances are of this passing with the taxpayers of Rochester?

When times are good local governments spend, borrow, bond, hire, and make public employee benefit promises like there is no tomorrow. So now comes the New Hampshire Advantage Coalition and Rochester Concerned Taxpayers with this proposal.

Let’s see how the city deals with this.


You're Fired

My Gosh My Golly – What Happened To Holly

Poof! Gone! Done! Over! Fired!

That’s the way it goes in Windsor, NH when you are the secretary to the three Selectmen being audited for not collecting property taxes from a select group of pals and relatives for a minimum of EIGHT years (The records previous to this fiasco are missing – surprised?).

But wait, you might say. The secretary isn’t in charge of collecting taxes, she just keeps notes and runs the selectman’s office, why fire her, and besides, she has never in nine years had a bad review because the selectmen don’t do employee reviews. (This is going to go over like lead balloon at the NH Employee Labor Relations Board.)

Let’s peek in at the future meeting:

(NHELRB) “Holly could you tell the Board just what lead up to your being terminated from your position as the Selectman’s secretary, where you worked for nine years?”

(Holly) Yes, I was at a Selectman’s meeting getting ready to take notes and as soon as the meeting started I was told it would be my last.

(NHELRB) Did you notice anything out of the ordinary up to that point, you know, with the way the town was running?

(Holly) No, the Selectmen and Tax Collector were not collecting property taxes from friends and relatives just like always when the Tax Collector got so far behind that she couldn’t put a Treasurer’s Report in the Town Report for Town Meeting. We got sued and lost, so we had to deliver what records we had to local people who can read and the next thing you know, the tax collector quit – so did one Selectman. So everything was like usual except it was on the cover of the Boston Globe.

(NHELRB) And what part did you play in this Holly?

(Holly) Well nothing. I don’t make decisions. I don’t get invited to secret meetings, and everything in the filing cabinet is constantly pawed through by just about anyone who walks in.

(NHELRB) So you have not, in the eight years you worked for Windsor, had any type of employee evaluation, letter of reprimand, request from the Selectmen to take training because of a lack of knowledge, or problems completing your job you know of?

(Holly) Nope.

(NHELRB) Holly, can you type?

(Holly) Yes.

(NHELRB) Holly, can you read and write?

(Holly) Sure.

(NHELRB) Now Holly, answer carefully, CAN YOU SPELL?

(Holly) Of course!

(NHELRB) OK then Holly, can you spell SCAPE GOAT?


And If Something Happens Will It Still Be Called The "Life" Skills Team?

I probably have not written enough about this yet but that act of neglect is about to come to an end.

CNHT is helping a family with an autistic son, Joel. He is severely autistic and has a very debilitating form of epilepsy. He can not speak, run, or play with small objects he may swallow. Joel weighs 80 lbs, he is 17. His family is totally dedicated to him and asked CNHT to help keep him in the Crotched Mountain Rehab Center where he has been for six years.

Since moving to Hillsboro/Deering SAU 34 from Henniker where he was placed at CM, Joel has been subjected to a persistent attempt by the H/D Life Skills Team to bring him to that public school. It must be noted that H/D has the top dropout rate in the state and is “in need of improvement” again under NCLB - not a pretty picture.

Yesterday I went to a meeting with Joel’s mom, Cindy, and we sat in a small office and listened to promises that Joel will be well taken care of. Promises are all well and good but this school has absolutely no experience with a student like Joel, who is not an emotionally challenged, or learning disabled student, or one prone to violence. Joel is a medical challenge and needs to be in a rehab center if any student does. That is the simple, inescapable fact.

I have been to the H/D School Board several times with all of Joel’s relevant medical records because I know that the two school board members who have a clue are often left in the dark by the people running the Special Ed. Program. We have signed documents releasing Joel’s records to the public. I have asked the H/D School Board to leave Joel in Crotched Mountain.

The first vote to reverse the Life Skills Team’s quest to have Joel in their program was three to two. We lost. Since the former SB Chairman just resigned a new one has been appointed – they might as well have appointed a turnip or a flower pot, so now we have a three way vote; one no, two yes, one duuh.

Know what else we have?

After the meeting with the H/D Life Skills Team, where every question you ask is answered with a promise, Cindy went home and discovered Joel in his second severe seizure since this process started. The seizure first was during Joel’s original visit to his new “school” where he wound up in the Concord Hospital emergency room, delivered by the Hillsboro rescue Squad.

This seizure finds Joel in Dartmouth Hospital, two day so far. His mother is staying up there with him. Any reasonable person who has seen Joel’s drug history can see that his seizures are fluctuating and he needs consistent, focused care.

But the hearty Hillsboro/Deering Life Skills Team still wants to transition Joel to their “new program.” Will this program be like the dropout program that hasn’t worked? Will this program be like the education programs that have left the school in need of improvement?

I believe this “our program will work this time” fantasy disqualifies the H/D Life Skills Team from participating in any decision about Joel’s education and especially, health.

Did I mention the Life Skills Team already hired a para to work with Joel this summer then changed their minds and decided to leave him at Crotched Mountain? And so the spending of more than it would cost to have professionals take care of Joel begins.