Gilford Selectboard calls on Kenney to help with sunk truck

GILFORD — A truck which went through the ice near Varney Point nearly a month ago has still not been recovered. Town leaders voiced their disapproval on Wednesday of the unsuccessful “amateur” attempts to drag it out at Gilford Town Beach, along with the lack of response from the state.

The selectboard agreed unanimously to prohibit the owner of the truck from using the beach for the recovery effort. They also directed Town Administrator Scott Dunn to contact Executive Councilor Joe Kenney about what can be done about environmental concerns.

The pickup truck sunk off Varney Point on March 13, after going through thin ice in an area where the water is about 50 feet deep.

New Hampshire Fish and Game Conservation Officer Chris Bryson said the following day he was notified everyone was safe, but the vehicle was partially submerged. He provided the owner with phone numbers for organizations to remove the vehicle.

Jim Martin, public information officer for the state Department of Environmental Services, said on March 16 that a local contractor visited the location and deployed a submersible drone. He said the contractor reported the ice conditions were unstable, and needed to wait until conditions improved for the recovery. Martin said the truck would likely be there until ice-out, when a diving crew could go safely down to attach bags to the truck to raise it to the surface, then tow it to a ramp.

Martin added there was no oil or leaks visible, and the owner would not receive a fine. He said safety is the paramount concern, and as long as the owner is taking necessary steps to cooperate, they do not typically issue a fine. However, he did say the owner is financially responsible for removing the vehicle.

Unbeknownst to town leaders, the owner was trying to bring the truck onto the town beach by pulling it toward shore in a number of different ways.

When Dunn found out, he went to the town beach to confront the owner, and express his disappointment they didn't communicate with staff when using their property. He said the deputy fire chief and town health officer were at the beach, and told Dunn they'd been in communication with Fish and Game and DES.

“All of whom were aware of what was taking place, with the goal of ensuring that in the unlikely event there was a spill on the beach, it would be cleaned up,” Dunn said.

Dunn let them proceed, with the goal of getting the truck out of the lake as quickly as possible. As days passed, no progress was made.

“The truck is still in the lake,” Dunn said. “It’s about three quarters of a mile from the town beach. It’s a good ways.”

Dunn said when there was ice in the area, the owner and those attempting recovery could walk back and forth. This is no longer the case, as ice-out is impending. He said they aren’t using professional extraction, as the owner is not insured and doesn’t have the resources.

Dunn told the selectboard that members of the town’s recreation commission were concerned, and “really don’t want to see that vehicle brought to the beach.”

Tom Francoeur spoke on behalf of the commission, and said a possible solution could be ice-out, and letting Marine Patrol take over.

“Our problem right now is we are very concerned that this gentleman comes daily, but really nothing gets done whatsoever,” Francoeur said.

Vice Chair Gus Benavides said he isn’t a fan of fines, but this is exactly why they exist.

Recreation Director Matt Mansur said he understood DES staff told the owner there would not be a fine as there was no evidence of leaking, and recommended a salvage barge remove the vehicle. The estimated $12,000 to $17,000 bill was not in the owner’s price range.

“I think the owner is trying to do this as economically as possible,” Mansur said.

Mansur described an “amateur salvage operation” with issues. Dunn was unhappy about the situation.

“Apparently, there is no rule that requires a professional extraction, but for lack of a better term, it has been a clown show,” Dunn said.

The truck owner has reportedly been trying to remove it in a number of makeshift ways. Selectboard member Richard Grenier said a winch was attached to a tree at one point.

In the days following the truck sinking, Bryson told The Daily Sun there were attempts made to use a chainsaw to create a line to the hole, put a cable through the ice, and drag it to shore. He called it a “high-risk mission,” and not recommended.

Francoeur said the last he saw the owner was using a dingy, and didn’t know how they would be able to row it with a truck in tow. He said with no progress made, and no plan in sight, he was concerned.

“We want to protect our beach,” Francoeur said. “We want to protect our lake. We want it done safely.”

The truck has actually been pulled through the water, as it was originally near Dockham Shore, but is now closer to the beach. Mansur said they have not seen an oily sheen, but Francoeur said the concern is the beach and water could be compromised if a leak occurs.

Benavides asked whether DES staff had determined a course of action. Dunn said they had not, and DES staff were encouraging them to wait until ice-out.

Dunn said he would “definitely not” advocate for the town to take part in the extraction.

He asked the board if they should continue to work with the owner to get the truck out, or not allow it to be brought onto the town beach.

Grenier said with the beach gate locked, the owner would be trespassing if they continue their efforts.

Police Chief Kris Kelley said state law indicates fines can be imposed for sunken vehicles in waterways, but admitted he has never been in a situation like this.

“The only thing is that it is $500 a day after until removal,” Kelley said. “It’s fairly significant. Are you really going to get that? Most likely not in this circumstance, but it may be something that gets somebody moving.”

Benavides, Grenier, and selectboard Chair Chan Eddy shared concerns about the situation and how it was handled by all parties. Grenier said it's the owner's problem to figure out. Eddy said the last thing they want is for something to contaminate the beach, and his main concern was how DES seemingly “washed its hands of the matter,” and left it for to the town to deal with.

Benavides added he always thought it was the property owner’s responsibility, and felt DES was setting a bad precedent about how vehicles in the water are handled.

“How long are we going to wait?” Benavides said. “Until we do see the sheen? Until we do have an oil slick and all of a sudden, the residents of Gilford, who many not be aware of this, are going to turn around and say, ‘You guys were aware of this and didn’t impose a fine?’”

He shared a concern about a gas line getting ripped if the truck is successfully dragged out by the owner. Benavides feels for the owner, but thinks it should still be taken care of properly and on their dime.

“It is your cost,” Benavides said. “It was your error.”

Benavides said at some point, they have to put their foot down, and say the vehicle needs to be removed immediately. Grenier suggested taking legal action if it is not resolved correctly, and called it a “DES problem.”

Benavides suggested speaking to government leaders about what to do, and acknowledged they need to take action, for the town, and the lake as a whole.

Dunn recommended contacting Kenney, and the board instructed him to proceed.

The gate to the beach is now locked. Mansur said he saw someone there on Wednesday morning, continuing the recovery mission. Dunn said town staff will let them know this is not allowed.

“We can address it if we need to,” Kelley said.