AUBURN - The Cayuga County Legislature will once again discuss granting all-terrain vehicles access to a portion of county trails at its August meeting.

The county Public Works Committee this week untabled a resolution that was set aside at the July Legislature meeting. Some concerns were raised about the definition of an ATV and the county's liability in the event of an accident, among other issues.

Since that meeting, Gary Duckett, county director of parks and trails, put together a list of questions and answers to address the various concerns.

The committee voted 5-2 to move the measure forward again on Tuesday, with legislators Michael Chapman, R-Cato, and Steven Cuddeback, R-Moravia, dissenting.

Chapman said that he was happy some changes were made to the law, but said that when he polled a couple of dozen residents in his district, he “did not get any positive results.

“Some folks thought this was opening the door to something the trails were not intended for,” Chapman said.

Cuddeback had a different reason for his dissent.

“I am a farmer and a landowner,” he said. “With ATVs, it's a no-win deal. They do damage, and they are loud.”

Once the county gives someone the authority to police and maintain the trails, if there is a fight among users of the trail, Cuddeback thinks the county would be held responsible.

“I think we're just opening ourselves for a huge liability issue,” he said.

In his presentation to the committee, Duckett noted that the Oswego Valley ATV Club pays for liability insurance, which would give the county a level of protection it does not currently have. The sheriff's office would also continue to respond to complaints of trail abuse.

In addition to that, committee chairman David Axton, R-Mentz, amended the definition of an ATV as “a vehicle that travels on low pressure tires, with a seat that is straddled by the operator and with handlebars for steering control.” The report also addressed concerns that a previous local law from the 1970s would prevent the use of ATVs on county property. Duckett noted that at the time the law was created, ATVs did not even exist and that a later law repealed the original one.

The area in question would stretch west along the Hojack Trail from Oswego County to the Cato-Fair Haven Trail, then north along the Cato-Fair Haven Trail into Fair Haven. Currently, only hikers, pets on leashes, bikers and horses are allowed on the county's 30 miles of trails during the spring and summer. Snowmobiles and cross-country skiers are allowed in the winter.

If the resolution passes, the Oswego Valley ATV Club would be responsible for maintaining the trail during the months the club would be using it.

“The ATV club wants to maintain the trails and that's not a bad idea,” Chapman said.

Still, he is worried that there are not enough measures in place for monitoring the situation.

Axton said the policy change is not permanent.

“This is a one-year trial with this club,” Axton said. “I've asked for monthly updates on what's going on. ... We're going to look at it after one year and if this looks like this has been a great program for the county and for the people of the town of Sterling and the village of Fair Haven, then we're going to continue with it. If we find out the trails are being damaged or there's other issues, then we'll revisit this and quite possibly not renew the agreement.”

Jim Marra, president of the Oswego Valley ATV Club, hopes the Legislature approves the proposal.

“I'd like to get this through on a one-year trial basis,” Marra said. “I think there's some positive things that can come out of this if they give it a fair shot.”

Staff writer Gitana Mirochnik can be reached at 253-5311 ext. 237 or gitana.mirochnik@lee.net

If you go

What: Cayuga County Legislature meeting

When: 6 p.m. Tuesday, Aug. 26

Where: Cayuga County Office Building, 160 Genesee St., Auburn