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Letters to the Editor
Dear Editor:
This is in response to your article “Troubles on the Trail” in the Oct. 4 Weekend Edition. Your article, along with this response could be much longer if all the information was presented and you newspaper had the space. I regret a letter to the editor must be limited to only those issues I feel are most egregious.
The law states a bond may be required and if required, the amount is to be negotiated between the county and the trail group. Miami County did require and immediately demanded a $76,620 bond. KRTC (Kansas Rails Trails Conservancy) attempted to schedule negotiation meetings with the county and the county repeatedly refused to negotiate. The amount of the bond in this instance does not really matter. It was never negotiated as required by law. The county's demand was non-negotiable.
“We're just handling it through the court system in the most civilized way we know how,” County Commissioner George Pretz said.
But it wasn't always that way.
Once trail opponents had the attention and support of the commissioners, their tactics of hindering trail development escalated to verbal barrages, promises of vandalism and threats of violence, culminating with opponents bringing firearms to the trail and firing warning shots at workers.
A tour of the trail was mentioned in your article. Several members of KRTC were invited to attend. Also in attendance were two commissioners, the county counselor and several other opponents, the same ones who previously threatened and assaulted trail workers, armed once again. Then at Pretz's suggestion, the armed opponent proceeded to dictate who would and would not be allowed to attend. With Pretz's final approval, I, along with several other KRTC members, was uninvited to attend.
Members of KRTC voice our concerns to Miami County Sheriff Frank Kelly and he very effectively persuaded the commissioners and other opponents to cease using violence and gunplay. The commissioners have since acted in a much more civil manner as mentioned by Pretz.
KRTC would like to thank Sheriff Kelly as citizens of Miami County now have a beautiful trail they can safely enjoy. We invite everyone to come out and experience what your unique trail has to offer.
Owen Harbison
Ottawa
Dear Editor:
From reading the “Troubles on the Trail” article, one would presume the Kanza Rail Trail Conservancy is in violation of state law because we did not post the bond required by the county and in the February court ruling, the court ordered KRTC to comply with Kansas Law and post a bond — which to this point we have not.
That presumption would be totally incorrect. First of all, a bond is not required. Several counties in which the trail passes have not required any bond. They see the benefit of trails and want to promote its development, not inhibit it. Second, if a county does want a bond, the law allows them to negotiate the amount with the trail group. They cannot unilaterally require a trail organization to post any bond they demand. This, however, is exactly what the county wants everyone to believe. In a letter to KRTC on Dec. 14, 2005, the county demanded two things: That we stop working on the trail and post a $76,120 bond. On Jan. 4, 2006 (a little over two weeks later) the county filed suit in district court against us — before any discussion, any meeting to negotiate, we were told their first offer was their final offer and if we didn't agree then the court would settle it. In February 2007, the court ordered mediation.
Commissioner George Pretz has tried to justify the excessive bond demands by saying that Miami County had studied the issue more than other counties who required lesser or no bonds. During mediation, the county admitted they really didn't have a valid justification for the original bond amount. For example, they didn't know how many miles of trail were in Miami County. Their bond demands were based on 6 miles of trail when in fact there is only 4 1/2 miles. They demanded $349 trash cans at every road crossing. They demanded $527 worth of signs at every road crossing. They demanded we post a bond to tear out and replace 6 miles of fence, even though they admitted they had never actually examined existing fencing to see what we needed. To correct that oversight, we mutually agreed to a joint fact-finding tour of the trail in May for commissioners to inspect fences to better determine fencing needs. On the agreed upon date, not a single commissioner showed up to inspect fences, nor did they call us to reschedule. County staff showed up in their place. If this is how the county studies all its issues, no wonder our county taxes are so high.
KRTC has 155 miles of trails. For 150.5 miles, the total bond in the other seven counties is $3,500. For the 4 1/2 miles in Miami County, the county demanded $76,120. Regardless of Commissioner Pretz's assertion that the county does not want to stop the trail, every action they have taken has been an attempt to do just that. I certainly would not like to see what they would do if they said he opposed the trail.
In spite of their opposition, KRTC has completed a 4-mile section of trail. It is located 1 mile north of John Brown Highway on Pressonville Road. This section is open to the public during daylight hours for hiking, bicycles and horses. I would encourage everyone to check out this trail and see just what your county officials are trying to stop. Once you see it, I think you too will start to question the county's actions.
Doug Walker
Vice President Kanza Rail Trail Conservancy
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This is in response to your article “Troubles on the Trail” in the Oct. 4 Weekend Edition. Your article, along with this response could be much longer if all the information was presented and you newspaper had the space. I regret a letter to the editor must be limited to only those issues I feel are most egregious.
The law states a bond may be required and if required, the amount is to be negotiated between the county and the trail group. Miami County did require and immediately demanded a $76,620 bond. KRTC (Kansas Rails Trails Conservancy) attempted to schedule negotiation meetings with the county and the county repeatedly refused to negotiate. The amount of the bond in this instance does not really matter. It was never negotiated as required by law. The county's demand was non-negotiable.
“We're just handling it through the court system in the most civilized way we know how,” County Commissioner George Pretz said.
But it wasn't always that way.
Once trail opponents had the attention and support of the commissioners, their tactics of hindering trail development escalated to verbal barrages, promises of vandalism and threats of violence, culminating with opponents bringing firearms to the trail and firing warning shots at workers.
A tour of the trail was mentioned in your article. Several members of KRTC were invited to attend. Also in attendance were two commissioners, the county counselor and several other opponents, the same ones who previously threatened and assaulted trail workers, armed once again. Then at Pretz's suggestion, the armed opponent proceeded to dictate who would and would not be allowed to attend. With Pretz's final approval, I, along with several other KRTC members, was uninvited to attend.
Members of KRTC voice our concerns to Miami County Sheriff Frank Kelly and he very effectively persuaded the commissioners and other opponents to cease using violence and gunplay. The commissioners have since acted in a much more civil manner as mentioned by Pretz.
KRTC would like to thank Sheriff Kelly as citizens of Miami County now have a beautiful trail they can safely enjoy. We invite everyone to come out and experience what your unique trail has to offer.
Owen Harbison
Ottawa
Dear Editor:
From reading the “Troubles on the Trail” article, one would presume the Kanza Rail Trail Conservancy is in violation of state law because we did not post the bond required by the county and in the February court ruling, the court ordered KRTC to comply with Kansas Law and post a bond — which to this point we have not.
That presumption would be totally incorrect. First of all, a bond is not required. Several counties in which the trail passes have not required any bond. They see the benefit of trails and want to promote its development, not inhibit it. Second, if a county does want a bond, the law allows them to negotiate the amount with the trail group. They cannot unilaterally require a trail organization to post any bond they demand. This, however, is exactly what the county wants everyone to believe. In a letter to KRTC on Dec. 14, 2005, the county demanded two things: That we stop working on the trail and post a $76,120 bond. On Jan. 4, 2006 (a little over two weeks later) the county filed suit in district court against us — before any discussion, any meeting to negotiate, we were told their first offer was their final offer and if we didn't agree then the court would settle it. In February 2007, the court ordered mediation.
Commissioner George Pretz has tried to justify the excessive bond demands by saying that Miami County had studied the issue more than other counties who required lesser or no bonds. During mediation, the county admitted they really didn't have a valid justification for the original bond amount. For example, they didn't know how many miles of trail were in Miami County. Their bond demands were based on 6 miles of trail when in fact there is only 4 1/2 miles. They demanded $349 trash cans at every road crossing. They demanded $527 worth of signs at every road crossing. They demanded we post a bond to tear out and replace 6 miles of fence, even though they admitted they had never actually examined existing fencing to see what we needed. To correct that oversight, we mutually agreed to a joint fact-finding tour of the trail in May for commissioners to inspect fences to better determine fencing needs. On the agreed upon date, not a single commissioner showed up to inspect fences, nor did they call us to reschedule. County staff showed up in their place. If this is how the county studies all its issues, no wonder our county taxes are so high.
KRTC has 155 miles of trails. For 150.5 miles, the total bond in the other seven counties is $3,500. For the 4 1/2 miles in Miami County, the county demanded $76,120. Regardless of Commissioner Pretz's assertion that the county does not want to stop the trail, every action they have taken has been an attempt to do just that. I certainly would not like to see what they would do if they said he opposed the trail.
In spite of their opposition, KRTC has completed a 4-mile section of trail. It is located 1 mile north of John Brown Highway on Pressonville Road. This section is open to the public during daylight hours for hiking, bicycles and horses. I would encourage everyone to check out this trail and see just what your county officials are trying to stop. Once you see it, I think you too will start to question the county's actions.
Doug Walker
Vice President Kanza Rail Trail Conservancy