ATV's in Bear Brook

[Sci Teach]

No April fools joke here!

I've heard that an "around the bend" technique has been used to move forward (read: go around the public forum)
to get the variance to House Bill 349 passed and allow ATV trails to be built. What I'm hearing second ahnd is that some state reps attached the variance to another bill (one designed to limit ATV use on private lands) that was up for vote yesterday. My sources say it looks like a done deal and ATV's are on their way.........

I hope my sources are wrong.......does anyone else know about this??????

[ArmOnFire]

I just read something similiar to this,
I can't for the life of me, remember were I saw it.
But it went into a more detail as to how they did/are doing it.
Thread might have been on BustedSpoke.com.....

[paul_C]

AOF..
Here is the news artical from yesterdays paper:




Infuriated state senator Jack Barnes speaks to the house resources committee yesterday during an open hearing about ATV usage. He was most upset that he hadn't been informed of the hearing, especially since he represents Allenstown. (Concord Monitor photo/Elaine Skylar)

Zoom


A
bill that would ease requirements for new ATV trails on some state lands, including Bear Brook State Park in Allenstown, drew about 100 people on both sides to a hearing yesterday afternoon.

The proposal would relax drinking-water protections for new ATV trails and exempt existing trails, including old roads or hiking trails, from stream setback requirements. It's the same idea that the Senate effectively brushed off two weeks ago, voting that bill into interim study.

The sponsor of the bill was Rep. Charles Royce, a Republican from Jaffrey.

"We had said to the ATV people that we were encouraging more trails because we upped their (registration) fees - and we're registering more every year," Royce said.

At issue is a setback requirement for drinking water wells. The legislation passed in 2002 says it should be 4,000 feet, but Royce, who chairs the House Resources Committee, where he proposed the amendment, said the original bill should have said 400 feet.

"I'd like to see the error corrected," he said.




Zoom


Other officials from state Fish and Game, Environmental Services and the Department of Resources and Economic Development agreed that the setback should have been much smaller.

Without the change, trails will not be cut in Bear Brook or perhaps anywhere else in the state. According to Royce, the 4,000-foot perimeter would seal off 1,154 acres of the 8,000-acre park. With a 400-foot setback, that would shrink to 11.5 acres, he said.

But many opponents weren't at all convinced it was an accident.

A furious Sen. Jack Barnes, whose district includes Allenstown, said he didn't even know of the hearing until a constituent called him. "I'm very upset that this was brought forward without me knowing. That, to me, is dirty pool. And if this comes down, there will definitely be a big fight on the floor of the Senate," he said.

Since the Senate committee reviewed the bill during at least five executive sessions and a slew of public hearings, Barnes was particularly irate that Royce would bring it up again, he said.

Other residents and town officials who testified during the nearly three-hour hearing yesterday said even if that extra zero was a mistake, the larger buffer area was what the public saw during the eight hearings before the legislation was passed. When the guidelines were originally drafted, it was behind closed doors.

"The language the public saw is the language that's in the statute,"said Judy Silva of the New Hampshire Municipal Association. "I can't tell you whether it was a mistake or not. I'm not privy to that. But neither was the public."

Many of those who supported the amendment said the issue was not about Bear Brook, but that the state park is one of few that fit the criteria for a public ATV trail. Less than 90 percent is forested wetlands or habitat for endangered species. The park is easily accessible for riders looking for a day trip and preliminary findings suggest it could support a 20-mile trail.

But then the constraints of the setback issue were discovered.

Rep. Mike Whalley, a Republican from Alton and the deputy House speaker, also testified, speaking on behalf of Rep. Gene Chandler, speaker of the House.

"This is all about process. A compromise was struck some time ago (in the ATV trail bill), but what was passed is not what was intended," he said. "We're trying to get back to that compromise with this amendment.

"We do not approve of taking advantage of a mistake made, wherever it was made. If you believe when you passed this legislation originally, that it was a 400-foot protection area, then pass this. Think about what you intended when you voted on it the first time."

Norman Provencher of Pembroke Waterworks, which supplies drinking water to about 8,000 people in Pembroke, Allenstown and Hooksett, said the company has two of its wells in Bear Brook.

"I'd like to see this go into further study so these resources can be protected as much as possible," he said. "There is potential for more MtBE, and our wells in that area are only about 7 feet deep."

Rep. Don Brueggmann, a Democrat from Concord, asked one question to proponents of the setback change. But no one could answer him.

"My question is, it seems like we've been going through this process with Bear Brook for some time now and every time you meet with some sort of roadblock, the rules change. Do you think that's fair to the people of Allenstown?"Brueggmann asked.

Rep. David Hess, a Republican from Hooksett, who sat firmly on the fence during his testimony, said he wasn't familiar enough with the issues to answer that. "My town counsel is on the record as supporting the trails. However, sitting behind me are a significant number of concerned residents. I simply ask the committee to carefully consider both sides," he said.

Brueggmann next turned to Paul Gray, chief of the state's Bureau of Trails. "Typically, you go through a process once or twice to get a sense of how it works, then change it. My concern is, we are in the process and we keep changing it. How do we assure (Allenstown residents) that we're not going to do this every time a roadblock comes up?"

Gray replied that the bill would not be a change, just "correcting an error."

That answer prompted Rep. Dennis Fields, a Republican from Merrimack, to ask Gray if his testimony was the same when he spoke to the Senate committee, which opted to study - rather than pass -the bill. It was.

(Rebecca Tsaros Dickson can be reached at 524-3132 or by e-mail at rtsaros@cmonitor.com.)

[paul_C]

Off the ATV website

Friday, March 26, 2004
Allenstown - No ATV trails, thanks to a typo
By By RUSS CHOMA - Staff Writer
Neighbors of Bear Brook Park have won their battle against all-terrain vehicle trails in the state park at least for this year. On March 11, the New Hampshire Senate voted to stall a piece of legislation, Senate Bill 349 (SB349), that would have allowed recreational trails for ATV users into the park.

Neighbors have battled the trails for several years, but in the end it was a typo that blocked the recreational vehicles from Bear Brook Park. The trails were originally approved with an older piece of legislation, known as House Bill 1273. However, after the legislation was already written, lawmakers discovered a mistake in the text of the bill. Lawmakers sponsoring that bill had intended to say that no trail can come with 400 feet of any public well in the park. Instead, the legislation mandated the distance from the wellhead must be 4,000 feet. Because there are several wellheads in the park, this effectively prevented trail construction. "That's what it was, absolutely a typo. One extra zero. As soon as the people from Allenstown heard about it, they came in droves and hung their hat on the mistake." State Sen. Robert Flanders

This legislative session, Sen. Robert Flanders sponsored SB349, which would have reduced the 4,000-foot limit back to 400 feet. The March 11 vote by the Senate sent the bill to a study committee and will not be brought up again this legislative session. Allenstown resident Armand Verville, a Bear Brook neighbor who has been active in opposing the trails, said he was pleased with the recent vote. Verville said he hopes the new study on the issue will settle the question.

"I really do believe in the system," he said. "If the trails end up in Bear Brook, it's because they were meant to be. But I simply feel that (right now) it's not appropriate and I think they've got a lot of problems to resolve."

Flanders said he was frustrated that trails were going to be blocked by what was essentially a typographical error. "That's what it was, absolutely a typo. One extra zero," he said. "As soon as the people from Allenstown heard about it, they came in droves and hung their hat on the mistake."

Flanders said he introduced a letter from the anonymous staffer who made the error taking blame for the mistake, but the Allenstown residents were able to sway enough support.

The trails have received significant opposition from not only adjacent landowners but from Allenstown police and town officials. Allenstown's state senator, Jack Barnes (R-District 17), who voted against the measure, said the town was struggling for tax dollars and the trails would not help the situation.

"A concern is that 51 percent of the town is taken up by the state park that doesn't send any taxes for the town," he said. "And how are the police, already on a limited budget, supposed to patrol? If someone gets hurt, who pays to go in there? "

Flanders disputed this reasoning and said the real reason for opposition by Allenstown residents was much simpler.

"It's 'Not in my backyard!' There's no other reason," he said. "And my position is those ATVs are here. We don't like them, they're nasty things, but we still have to make a place for them."

Flanders went on to say that blocking official trails would not be solving anything.

"I think they're making a big mistake, because they think by not having any trails they're going to keep people out, and they're not," he said.

Verville disagreed and suggested that opening up legal trails would only encourage ATV-ers to stray farther into the park.

"Our argument is that even if they put the trails in there, the ATVers do not want a nice flat comfortable trail," he said. "They want a challenge. They want hills, they want mud, they want wetlands to run through. They want excitement."

Both Verville and Barnes said they were worried that another amendment to HB1273 might be slipped into an unrelated piece of legislation later in the session.

"I'll be all awake looking for that, and everything that comes across I'll look at," Barnes said. "I will be watching and hopefully something doesn't slide by me. And if it does, there will be a problem with whoever slipped it through."



Copywright 2002 * New Hampshire ATV Club

[paul_C]

Here is the update

As expected, legislators in Concord approved an amendment that will allow ATV trails in Bear Brook Park.

Members of the Resources, Recreation and Development Committee, voted 12 to one, to approve an amendment to Senate Bill 343 (SB343) opening up Bear Brook Park to ATV trail development. The bill was to be voted on by the entire House of Representatives on Thursday, April 15, and must still be approved by the state Senate before coming law.

The amendment has caused an outcry from anti-ATV advocates, because it is very similar to a bill the Senate tabled for further study in March.

Rep. Charles Royce (R-Jaffrey), chair of the committee, proposed the amendment which calls for ATV trails to be allowed as close as 400 feet from a public wellhead. Under legislation passed two years ago, trails may not be built within 4,000 feet of a wellhead * effectively banning trails from Bear Brook Park.

According to Royce and other supporters, 400 feet was the distance legislators intended when they passed the original law.

Senate Bill 349 was designed to deal with the subject of changing the distance, but on March 11, the Senate voted to send the bill to a study committee. That bill cannot be brought up again until next session.

Sen. Jack Barnes (R-District 17), who represents Allenstown, said he is angry legislation already set aside by the Senate is being resurrected in the House. He promised that the bill will meet stiff opposition when it comes to the floor of the Senate.

"Keep tuned in," he said. "The battle will be on the Senate floor. I am gathering the troops."

During an early committee hearing on the amendment, Rep. Mike Whalley (R-Alton Bay) ridiculed the idea that the Senate is actually planning on studying the bill they had tabled.

"If you believe the Senate is going to study that legislation and come up with a resolution in the form of legislation, then I've got a bridge to sell you," he told the committee.

Barnes took issue with the idea that the Senate would not study the original bill and needed to look at new legislation.

"Mike Whalley shouldn't be saying that about the Senate. He might be surprised," Barnes said. "We wanted the Senate to study (the bill) for good reason. I don't know why he's saying that without a little more verification, but that's his business."

Specifically, Barnes said he and other senators sent the bill to be studied because they felt opening ATV trails in Bear Brook might cause legitimate environmental damage.

"We don't' think it's right. The environment isn't being protected very well, to be honest with you," he said. "But we'll see what my fellow senators have to say about. Maybe we can marshal enough people who care about the water supplies in Allenstown, Pembroke and part of Hooksett."

[minkhiller]

Doesn't Mike Whalley still own Hooksett Kawasaki? Not hard to figure him out.

[Sci Teach]

Yes, he does....pretty messed up.

By the way, the bill was pushed, squeezed, hidden and eventually got through the house.....with no regard for public input.

The fight now moves onto the state Senate. And I do mean fight. I don't understand how mtbikers, who spend a significant amount of time enjoying and working on trail systems that are sustainable and user friendly to all non-motorized use don't get totally pissed off when those systems are put at huge of being trashed risk by a single user group.

We need to fight this one, or we may not need to worry about trail maintenace in Bear brook in a few years...and all of those who have enjoyed the park will be going somewhere else.

[minkhiller]

Is it possible for someone with insight into this issue to start an online petition or have and e-mail address where we can send letters of opposition. I think this should be made available to all of the NEMBA membership to sign.

[paul_C]

YES! We should start by contacting sen. Jack Barnes

jack.barnes@leg.state.nh.us he said quoate maybe we marshel up enough people that care! well this is the right place to start and if you're all willing to then do it I'M going to start by calling him at home and try to sit down with him to talk, you see there's more than the trails we ride and maintain at stake if you'd like like I'll e-mail you the historic value that no one is talking about within B.B.


Jack Barnes
po box362
Raymond nh 03077
603-895-9352

[Sci Teach]

I heard a new story that there is a new director at DRED.

From what I heard in heis mission statement to the press, he should be someone to work on and get onto our side...although this seems doubtful looking at the historical mission of DRED to get as much Federal Gas Tax money as possible...ie the registration of OHRV's and building trials specifically for those users

[paul_C]

sciteach, I rad in a newspaper that was the former director of the center of nh, yes the hotel! I'll try to find the article

[paul_C]

Here it is!!!
Benson nominates
O'Kane to head DRED
CONCORD — Governor Craig Benson and the Executive Council yesterday nominated former Center of New Hampshire manager Sean O’Kane of Groton, Mass., to replace outgoing Commissioner of the Department of Resources & Economic Development George Bald. Bald recently announced plans to assume the post of Executive Director of the Pease Development Authority.
The lone objection came from Councilor Ruth Griffin of Portsmouth, who felt the nomination was premature because Bald hasn’t sent a formal letter of resignation to the Council yet. If confirmed, O’Kane would fill the remainder of Bald’s term which expires in May 2006.

O’Kane, who left Center of N.H. at the beginning of this month, managed there since Jan. 1997. O’Kane has received a number of awards including the American Hotel & Lodging Association’s Outstanding Manager of the Year 2004 Award. He was also named Tourism Leader of the Year 2003 by the Greater Manchester Chamber of Commerce.

[minkhiller]

Paul, I sent a letter to Sen. Barnes and I think we all should. Would it be advantageous to now start sending letters to the Executive Council? Maybe we should bump this thread to general discussion to get more people involved?

[Bond1973]

Where does this issue stand? Should we be emailing? Snail mailing? Calling? I want to do my part as I JUST started riding Bear Brook last year, am hopefully headed out there this weekend and don't want to see it screwed up. I am also an ATV owner, but see B.B. as more a mtb place. ATV's would ruin it.

[Sci Teach]

Do anything you can to get your opinion out there...it is your duty!!! snail mail...emai...phone calls...whatever you feel comfortable with is a step inthe right direction.

Recently, the issue of ATV's on state lands has come up (again) in Pisgah State Park...and, as suspected, expectedd and dtected, the atv'ers are leaving the "designated" trails that the atv's are allowed to use and straying onto the trails known as "footpaths"...soon to be called "dug up mudpies". Just an inkling as to the damage that will be done in Bear Brook..where the number of atv'ers will be quite big.


Do what you can, when you can, as often as you can!!!

[minkhiller]

In addition to e-mailing Sen. Barnes I have decided to e-mail the big cheese. To e-mail Gov. Craig Benson and oppose SB343 use this link, http://oit.nh.gov/goveforms/opinions.asp

[Sci Teach]

For any of you that think it's ok to share these trails...go ride up any of the trails that were used for the ONE DAY charity motox ride last sunday....then we can talk. Churned up, turned to sand, rutted trails, rocks and roots ripped out. It's gonna take some time for to do repairs, and for nature to do some magic too. Again, this was one days worth of riding. I cannot imagine what it would be like to see that kind of abuse every day, all season.

Gas powered recreation has a place....sure.....let them do some urban assaults. Can't screw up pavement.

Don't think that the fight is over.....it has just begun!