Ossipee select board directs public works to move toward ADA fixes for Deer Run boardwalk after public outcry

The Ossipee Select Board on Jan. 13 voted to move forward with efforts to bring the Deer Run Trail boardwalk closer to ADA and building-code compliance by using town highway staff, donated materials and volunteer labor.

The decision followed renewed debate after complaints were filed with state offices and a written letter entered into the record arguing the town’s acceptance and operation of the boardwalk triggers obligations under Title II of the Americans with Disabilities Act. Speaker 6, who reopened the item, framed the board’s action as protecting public access and limiting liability: "I would like to make a motion that we use our own highway department, that we take the donated materials that were offered by McConkie Construction, and anyone else who wants to volunteer to help to try and keep the cost down for the taxpayers, but that we do move forward with making it ADA compliant," the member said during discussion.

The board’s debate focused on two points: whether the town must meet ADA and International Building Code requirements for a town-owned, publicly accessible structure, and how best to complete corrective work while controlling costs. A written submission from Ash Fishbein read into the record argued the boardwalk is subject to Title II of the ADA and urged either a current written legal opinion addressing the town’s obligations or reversal of the decision to suspend corrective work.

Board members discussed bids and technical assessments. Speaker 4 noted receiving a bid from a contractor he thought did not meet code and recommended using donated materials and town crews to finish the work; Speaker 4 later offered to rescind his Jan. 5 motion that had paused progress and formally withdrew it at the Jan. 13 meeting. As Speaker 4 said on the record when rescinding the earlier motion: "I will gladly rescind the January 5 motion...I can take some pie on the face and be okay with that if it freeze[s] the air."

Public commenters were mixed: some urged the town to complete the contractor’s work for consistency and quality, while others argued the board must follow legal and safety requirements. Joe Hagen told the board, "If you have somebody that has already done the work, you have consistency now." Mike Durant asked whether the town had withheld retainage when the contractor’s work did not meet the ADA scope.

The board voted in favor of the motion directing public works to pursue repairs and to use donated materials where feasible. Members emphasized that work would be done under building-inspector guidance and that visible progress and good-faith efforts would reduce potential punitive liability while the town seeks any necessary written legal guidance. The board also discussed the scope, noting grade and handrail issues that might need spring conditions to resolve.

Next steps: the highway director (TJ) and town staff will coordinate materials and labor, consult with the building inspector on needed specifications, and report back to the select board. Board members also directed staff to obtain legal clarity where required before taking actions that would bind the town financially or legally.