NYSORVA News for 1/25/00
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This e-mail newsletter is distributed by:
New York State Off-Highway Recreational Vehicle Assn., Inc.
PO Box 305
Ravena, NY 12143-0305
Please copy and distribute to all interested parties. Your participation affects the quality of this newsletter: Please submit your pertinent material for inclusion in subsequent issues.
- Editor: Alex Ernst, aernst@albany.net
- Our Official Homepage is located at http://www.nysorva.org
- An index of past newsletter issues is available at http://www.nysorva.org/news/newslist.htm
To request an addition to (or removal from) the list, e-mail aernst@albany.net listing name and e-mail address.
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SUBJECTS FOR THIS NEWSLETTER ARE:
1: Editor's Notes
2: OHV Recreation Survey Update (Again)
3: Save-Our-OHV-Access To-Do List (Anti-Closure Recap)
4: Champion Lands Trail Potential
5: APA Land Reclassification Update
6: Update--Lewis County- Resolution Adopted, Roads Opened
7: More County Resolutions on the Way?
8: Bike Ban: Don’t Ride in Chili, Monroe Co., NY!
9: (Another) Call for Membership Renewal
10: Letter of the Month
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1) EDITOR’S NOTES
2000 has started out with a rush of activity and no time to rest. And this issue of the e-newsletter has much ground to cover, so we hope you’ll stick with us throughout its length. Before reaching for the Delete Key due to volume of this issue, consider spreading your reading of it over two or three days as there are several items that I hope you will be able to give your careful attention.
Several of the smaller items are briefed in this section:
Of special note was the recent release of our automated letter writing application on our site at http://www.nysorva.org/legislation that, if you have not already used it, we remind and encourage you to take advantage of soon.
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With the recent release of over 21,000 OHV Recreation Surveys, we are well on our way to compiling the data we need to prove to the powers of our state the growing level of interest in ATV/OHM recreation. This week we have added an on-screen version to augment printable versions at http://www.nysorva.org/survey. See the article in this issue highlighting our progress.
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The least favorite part of my "job" is fundraising. But it must be done to keep us working. To this end, I have three special requests:
* Donations and membership renewals are dearly needed to keep us going operationally right now.
* We now have a special fund to pay the cost of fighting the Town of Chili OHV Ban. (See article in this issue.)
* The new AMA New York Political Action Committee (AMAPAC) run by AMA District 3 Sports Committee is now registered and ready to accept donations for furtherance of political issues such as the ATV Trail Funding Bills and other motorcyclists'-rights legislation.
Please see the article at http://www.amadist3.com/pac.htm for more information on the PAC.
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OHV Trails in the Santa Clara tract of "The Lands Formerly Known as Champion" may become a reality by June of 2000. But everyone must raise their pens or fire up their word processors now to make it known to the officials in DEC who will make the final decisions as to whether OHV access in the recreational easement will become a reality.
See the article in this issue detailing the status of this matter and the people who need to be contacted to keep the process moving.
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Here’s another ATV club we recently were made aware of: Chenango Co. Trailriders ATV Club, Jim Volpe 607-656-9140, PO Box 52 Smithville Flats, 13841. E-mail Mike Harder mike_elkie@yahoo.com.
And NYSORVA Member Club, North Country ATV Assn. (NYTRO E.NY Chapter) asked us to share an update with you:
* New e-mail-- ncatva@earthlink.net or atv500e@juno.com
* New Web page at http://www.home.earthlink.net/~ncatva/index.html.
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Thinking of a riding trip in the Southeast? Check out Kentucky’s famed Land Between the Lakes riding area at http://www2.lbl.org/lbl/OHVGate.html.
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Here’s a link to a company that makes brochure holders that can be purchased blank, or you can have your club logo and info printed on them: http://www.backerprinting.com/brochure.htm
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Keep it seat-side up,
Alex Ernst
Communications Director
2) OHV RECREATION SURVEY UPDATE
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YOUR HELP IS [still] REQUESTED IN GETTING AS MANY SURVEY RESPONSES AS POSSIBLE TO US BY FEBRUARY! --As we announced in November and December, NYSORVA was preparing to release a survey by mail to determine statistically, support for ATV Trail Funding and Trail System development. Since we were on notice from the sponsors of the ATV Trail Funding Bills A1060/S632 that the results of this survey would their continued support of the bills in the 2000 Legislative Session, the survey’s production was of absolute necessity if the bills were to stay alive.
As of 1/14/00, there are now over 21,000 surveys in circulation: The American Motorcyclist Association pitched in with 8,000 sent to its NY members, WNYOA members received over 300 at their recent Award Banquet, NYTRO mailed out over 500 with their last newsletter, and NYSORVA produced over 12,400 of its own. As of this writing they are starting to come back in large numbers.
We are also pleased to announce that a version of the survey is now available that can be filled in and submitted through your web browser, meaning you don’t have to print and mail (or copy into your e-mail and edit) but can participate online. Go to http://www.nysorva.org/survey and click on "Take the Survey Now" or read the background information first.
We have also added one more printable format version of the survey for you to download if you have not already obtained a copy of the survey:
Adobe PDF- http://www.nysorva.org/documents/web_survey_1-00.pdf,
with these versions still available in their most current form . . .
HTML- http://www.nysorva.org/documents/surveydraft.htm, or
MSWord- http://www.nysorva.org/documents/atv_survey_word97.doc.
The results from Part 1 of any version of the survey dealing with support of the bills and of a trail system, will be compiled by mid-February and presented to the bill sponsors. A secondary, more expanded report, which we expect to be very revealing in its demographic analysis from Part 2 of the survey, will be developed in the following weeks and presented to all pertinent parties.
We are asking especially the clubs to reproduce the survey and/or include in their newsletters (we will provide customized versions at your request) and have their members return the survey to us no later than the first week of February. Also note the online survey link for those members with Internet access.
If mailing completed surveys, please send to:
NYSORVA Survey
PO Box 305
Ravena, NY 12143-0305
3) FEDERAL LAND ACCESS IN PERIL – YOUR HELP REQUESTED
Excerpted courtesy of http://www.off-road.com/toc/:
"Folks It's Not Over Yet!"
A group of 67 Environmental Organizations backed by $20,000,000 dollars in funding from the Pew Charitable Trust (SUN Oil Family Money), have called for a BAN on ORV access ON ALL PUBLIC LANDS to include National Parks, US Forest Service and BLM Managed Lands. Here's your chance to speak out on this undemocratic movement:
4) CHAMPION LANDS ATV ACCESS UPDATE
We have some hopeful news coming out of the Northcountry: Proposed public access ATV trails may become reality by July 2000 in a recreation easement on the "Lands Formerly Known as Champion (TLFNAS)," now owned by The Forestland Group of NC (TFG) (usually just referred to just as "Champion").
See DEC's site http://www.dec.state.ny.us/website/dlf/press/index.html for an FAQ on "Champion."
But it is very important that if you are interested in ever riding this area, that you should to write a few letters ASAP asking that proposed trails in the Santa Clara Tract of the easement lands be approved in the Recreation Plan to be finalized in June of this year.
Please write a brief letter to the following DEC officers so that they know you have a real interest in ATV trails being designated on the former Champion lands:
* Les Egglston, Map Division
* Jim Papero, Forester
* Peter Grupe, Forester
* Thomas Wahl, Region 5 Supervisor of Natural Resources
Addressed all to DEC, Route 86, Box 296, Raybrook, NY 12977-0296
If you have additional time to make your opinion known, please also contact:
* DEC Commissioner John P. Cahill, NYSDEC, 50 Wolf Road, Albany, NY 12233-1011, (518) 485-8940, Fax (518) 457-7744, e-mail: jcahill@gw.dec.state.ny.us;
* Deputy Commissioner of Natural Resources Peter S. Duncan, NYSDEC, 50 Wolf Road, Albany, NY 12233-1097; and
* Governor George E. Pataki, State Capitol, Albany, NY 12224, gov.pataki@chamber.state.ny.us
The details of the current status is presented to us below with thanks to the ATV Ruffrider’s Brenda White, without who’s efforts these trails may not have been possible:
From: Brenda White, ATV Ruffriders Club (bwhite1@slic.com)
Subject: Meeting with DEC
"We met last Thursday, the 13th with Les Egglston, head of the map division in Raybrook and Jim Papero, a forest ranger at the Raybrook offices. Les is the person we have worked with concerning the overlay of a trail system in the Champion Santa Clara Tract.
"They have a six week deadline to finish the surveying of said property and have a completed trail system mapped out. Whatever we end up with will be in place for a July 1st opening.
"It looks like we will get some type of trail system. An effort is being made by Les to survey main trails that loop around through a good share of the champion property. Some of the access we requested of course will not be opened. There will not be any access on the [fee-purchase river] corridor.
"However Les encouraged us to write and request the availability of permits for special events where a couple times a year we might gain access that is closed to us the rest of the time. He has mentioned this to his superiors, but has not received much response. Letters would help he felt. We are doing letters right off. If any of your people could write them it would help."
5) APA LAND RECLASSIFICATION UPDATE
Your letters to the Governor will help move him to accept recent land-use classification recommendations of the Adirondack Park Agency (APA). Since two of the classification recommendations do not meet the wishes of environmental groups and may allow for the possiblity of some motorized access in two forest units, these groups are lobbying the Governor's office to reject the whole proposal which otherwise has a great deal of deference to protection of the Forest Preserve.
The APA desided on the less restrictive classification of Wild Forest for a portion of Watson's East Triangle, thereby reducing the possibility of the adjacent Alrich Pond Wild Forest being converted to Wilderness in the future--a move that would cancel current leagl ATV access to the unit. And in a nod to the snowmobiling community, Primative Corredor was the classification recommended for the Alice Brook Tract. These designations will allow currently approved uses to continue in Watson's, and for an important snowmobile corredor trail to be re-opened to connect the Inlet region with the Old Forge region.
Send your letters to the Governor asking him to accept the APA proposal as written in consideration of our snowmobiling bretheren and to keep the Wilderness-Domino-Effect from closing down currently-legal ATV Access to Aldrich Pond Wild Forest.
Address: Governor George E. Pataki, State Capitol, Albany, NY 12224, gov.pataki@chamber.state.ny.us.
6) UPDATE--LEWIS COUNTY MAKES RESOLUTION, OPENS ROADS
In the 12/29/99 newsletter we incorrectly reported that all Lewis County roads under the county’s jurisdiction had been opened to ATV travel. We have been corrected by alert readers that only certain roads that act as connectors between important trail section and that are noted in the County Legislature’s Resolution, are or will be opened. Furthermore, the program will be reviewed in one year to determine if opening these roads has negatively impacted public safety.
Also to correct ourselves, the Lewis County Legislature has not yet as of this writing adopted a resolution in support of the ATV Trail Funding Legislation A1060/S632 but will be voting most likely to accept the resolution at the next meeting of the Legislature.
7) MORE POTENTIAL FOR COUNTIES TO ADOPT TRAIL FUND RESOLUTION
Rider and activist, Mike Harder of Tioga County Trail Riders, NYTRO-So. Tier, and Chenango Trailriders ATV Club (mike_elkie@yahoo.com) writes us of his efforts to move the process forward. We hope you will join in helping him reach the listed goals:
"...We need to focus on legislative issues that will make or break ATV's in NYS. At present, I'm working with Doyle Gibbs, Director of Tourism Tioga County to get Tioga County Legislature to pass the [ATV Trail Funding Support] resolution. Also, I have met with Jim Hackett who is the Director of Parks and Recreation for Broome County to push this resolution through the Broome County Legislature. I will get to the Chenango County Legislature, which our Chenango Trailriders Club will push. The information you have sent will help make our job easy to do, all we have to do is get out there and make it happen and I will try to accomplish."
Thanks to Mike for his excellent efforts. Having Broom, Tioga and Chenango on board in support of the trail funding bills will be a valuable doubling of the support already expressed by St. Lawrence, Franklin and Lewis County Legislatures!
8) CHILI TOWN LAW COULD RESULT IN ATV/BIKE CONFISCATION
There is an ominous new law in the Town of Chili (spoken ch-eye-lie), Monroe County, essentially a suburb of Rochester. The Town’s new "Motor Driven Vehicle Law" calls for confiscation of "noisy" non-highway vehicles or for riding such without carrying written permission from the landowner (even if you have verbal permission). What’s worse? There is no sound level designated in decibels, just that a constable can judge "too loud" based on his own opinion. This law was obviously passed to completely drive OHV activity out of the town.
Area rider/activist/ABATE Legislative Coordinator George Gorman who is leading the fight against this debacle, writes to us saying:
"...a new noise ordnance [was] passed this last December in the town of Chili, Monroe County, N.Y. This is the harshest noise ordinance to date. I have spoken, along with many others, before the town board prior to the passage of this legislation. It is calling for a ban on offroad vehicles on public lands, railroad right-of-ways, etc., $25 to $250 fine and 15 days in jail. Mandatory impounding of offending vehicles and confiscation on the second offence even on private land. This is a clear violation of the 4th, 5th & 14th amendments. Along with a 500 foot buffer non-operating zone around any dwelling and a 9am to 9pm ride limitation...even riding on your own land will be illegal if the arresting officer determines it unsafe..."
George asks that anyone who can join the fight contact him at (716) 461-2636 or e-mail Namrogg@aol.com.
We thank Mr. Gorman for fighting this awful mess and encourage others to pitch in. We expect this matter will come down to a legal test in the courts, which will be no easy job.
To that end, a special Legal Defense Fund has been set up to finance a process that could get the Chili law repealed, called an Article 78 Petition. We expect our initial costs to support the legal process to start at about $1,000.00 and are therefor requesting your special donation for this effort. Individual donations will be partially matched by NYTRO-ATV and combined with other pledges such as ABATE-NY’s. Thanks for your help in preventing a firestorm of anti-OHV laws from overspreading New York.
9) (Another) CALL FOR MEMBERSHIP RENEWAL FOR 2000
We will be mailing out a club package in January (or possibly later considering the survey workload) to update our files regarding club contact information, and to supply updated NYSORVA info and materials. We hope clubs will take the opportunity to extend their support of NYSORVA in Y2K at the Supporting Club level of $100.00, and will update us on any changes to their information.
Individuals are asked to consider a minimum supporting donation of $15.00.
Club leaders: Please also take a moment to check your listing on the Club List Page at the web site for accuracy. Report any changes to aernst@albany.net.
All donations at any level will be greatly appreciated. Your support is essential in keeping us working for your interests.
Please make checks payable to NYSORVA, Inc. and mail to PO Box 305, Ravena, NY 12143-0305.
Thank you!
10) LETTER OF THE MONTH
I want to commend OHV advocate Steve Schaffer on a sage and cohesive response to an article e-mailed to him as a response to his initial query. The article is called "Roaring from the Past: Off-Road Vehicles on America National Forests" by Wildlands Center for Preventing Roads and is located at http://www.wildrockies.org/WildCPR/reports/exec_summary.html. (Check their base URL: http://www.wildrockies.org/WildCPR/ if you want to get mad as you-know-what.)
Here is Mr. Schaffer’s letter in its entirety:
From: Steve Schaffer [Stvshfr@aol.com]
To: <WildlandsCPR@wildrockies.org
Sent: Thursday, January 20, 2000 1:23 PM
Subject: Shortsighted & Adversarial
Gentlemen/Ladies:
This morning I received via e-mail your message (following my response here) and recommendations re: ORVs. The message is an iteration of both your concerns and your unwillingness to engage in the process of principled negotiation (GETTING TO YES - a national bestseller by Fischer, Ury and Patton). Your organization seems to be stuck in that bygone century when positional bargaining was the norm...duke it out, the stronger wins, and occasionally compromise when the other side is equally powerful. You will never ever win a lasting, meaningful victory in your quest until you begin to open yourselves up and consider the interests and driving forces of those who you feel oppose you.
Nowhere in your argument do you seriously take into account the millions of ORV enthusiasts, most of whom are as concerned as you are that we don't despoil the beauty and natural heritage that our country is so wonderfully blessed with. Let me illustrate by borrowing from the above-mentioned book.
Two women (I admit, they could have been men!) are in the market arguing over who will get the last remaining orange. The store owner hears the fuss and decides to invoke the wisdom of Solomon, e.g., allow one lady to cut the orange in half and allow the other to choose which half she wants. They do this, but what happens next? The first lady peels her half of the orange, throws away the peel and eats the fruit. The second lady peels her half, throws away the fruit and grates the peel for a cake. The obvious lesson here is that had each undertaken to thoroughly understand the interests and driving forces of the other, one could have had all the fruit and the other could have had all the peel.
You make no attempt to separate the peel from the orange in these matters. You assume, I believe erroneously, that ORV enthusiasts are categorically and inherently without environmental consciousness. I am suggesting to you that many (probably most) ORV enthusiasts are genuinely concerned over environmental issues. There exists common ground. It's not your cause that I take exception with, it is the way in which you choose to put it forth.
Yes, there exist problems. Yes, there are some bad apples in the ORV enthusiast barrel (as there are in the Roadless Initiative barrel). I would suggest that you consider the following:
1) Try putting the brakes on a bit more gently. Screeching to a halt activities that have been going on for many years and slamming the door on a lot of good caring people will galvanize and, indeed, strengthen your opposition. All is not lost yet. There is time to talk, to discuss, to plan, and to understand.
2) Try engaging the ORV community in a meaningful dialog. You might discover, as I have, that they don't want (or need) every square inch of wilderness upon which to recreate. They simply seek a different kind of outdoor experience than you. It is no less valid. Bird watchers, fishermen, hikers, bikers...they may not care at all for each others' activities, but that certainly doesn't justify doing away with the activity. We need to manage recreation, not stomp it out like a forest fire. These are real, thinking and caring people you're stomping on, and I assure you...provoked sufficiently, they will stomp back - mightily. This isn't a threat, it's reality.
3) The best, most lasting agreement between any parties is when there is mutual commitment, understanding, and the feeling that it is truly in the interests of the parties to maintain commitment. By taking a strong arm approach, whether via executive order (perhaps for our President to create a legacy beyond Monica?) or other form of non-democratic, non-participative action, you undermine any chance of winning a lasting victory. Work with the ORV community. Talk to the ORV community. There is a way to preserve both our environmental opportunities and our recreation opportunities...that is, if people are willing to do the work together. What I sense in the message you send is the unwillingness to do that necessary work. You alone can change that perception. Until you do, those of us ORV enthusiasts who are and have been responsible environmental stewards (quite clearly the majority of the ORV group) will oppose your shortsighted and adversarial strategies. I'm not naive enough to believe I will somehow change your mind. I simply want to point out the foolishness of your approach and that your narcissism and laziness paints you in a negative public light. In that regard, you're actually helping us, and I want to thank you for that!
Sincerely,
Steve Schaffer
Motorcycle/ATV Representative, TN Governor's Committee on OHV Planning
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