Closed for the winter

Concern raised over Town of Montgomery’s new park hours

By Laura Fitzgerald
Posted 1/9/19

Montgomery residents expressed concern about the town board’s decision to close its parks for the winter, a move the board and police department said was needed to ensure the safety and …

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Closed for the winter

Concern raised over Town of Montgomery’s new park hours

Posted

Montgomery residents expressed concern about the town board’s decision to close its parks for the winter, a move the board and police department said was needed to ensure the safety and security of the town’s residents.

Benedict Farm Park, Community Garden Park, Berea Park, the Rail Trail, Riverfront Park and Twin Islands Fishing Park will be closed from Dec. 1 to March 15. Only Benedict Farm Park and Riverfront Park have gates that are currently locked.

The town board passed Local Law No. Seven of 2018 in December, which requires the board to determine the hours of operation annually by resolution. Resolutions do not require a public hearing or public notice.

The law also repeals Local Law No. Five of 2009, which sets town park hours as sunup to sundown every day of the year. The town board passed a resolution to close the parks and set new park hours of 6 a.m. to 8 p.m. at a board meeting on Jan. 3.

Town of Montgomery Police Chief Arnold Amthor said the parks were closed to ensure public safety and to protect the town from potential liability issues.

Amthor said winter conditions such as snow and ice in the parks can be dangerous, and the parks aren’t maintained or patrolled in the winter to ensure adequate safety.

“We don’t think it’s a wise idea for you to go tramping up into a park that’s maybe snow-covered or icy because the municipality is not patrolling it,” Amthor said. “The police aren’t patrolling it; the highway department is not necessarily maintaining it as they would during normal use times.”

Amthor said if someone goes into a park without anyone’s knowledge and gets hurt, the town is open to potential lawsuits if the town doesn’t post signage restricting access or warning people of unsafe conditions.

“The town is doing what it has to do to preserve its civil interests and prevent liability against the town,” Amthor said.

Town Supervisor Rodney Winchell said the park hours prevent potential vandalism and damage after hours, which the parks have been experiencing recently.

Amthor and Winchell said there is currently little planning or organization for maintenance and security within the town parks.

“What I see is a town that has parks with really not a whole big plan on how to maintain these parks, and it seems as though it’s an evolving work in progress with regard to the operations and maintenance of these town parks,” Amthor said.

Once a plan is made, the town might be able to adjust hours or open the parks for next winter.

Amthor added if someone does travel into the parks despite their closing, they will not be arrested.

Several concerned town residents protested the parks closing.

Community Garden Project Manager Richard Phelps said the closing of the parks impedes work on the community garden located in Benedict Farm Park, which is gated.

Some members of the garden do work in the winter or early March, and restricting access will damage the garden. Phelps also said the honeybee hives will suffer and die without proper care over the winter.

The year-round hours are also problematic, Phelps said. Some gardeners come early in the morning before 6 a.m., while others garden until dusk, which can be after 9 p.m. in the summer.

“To close the park at 8 is . . . ridiculous,” Phelps said. “People don’t even go there sometimes until 8 at night. What if you’re a photographer and you want to photograph the sunrise coming up or the sunset going down? You can’t do it on these regulations. The people on this board do not understand nature.”

Community garden members would like the parks to reopen and return to the parks’ original hours of sunup to sundown, Phelps said.

Phelps, who is also involved with the Conservation Advisory Council, said the council and the community garden were not consulted about the park hours change.

Nancy Moore, Montgomery resident and member of the community garden, said she was upset after hearing about the parks closing. While she said she uses the parks more often in the summer, she will go to the parks for a hike on an occasional warm winter day or to take pictures of the snow.

Moore said many residents use the parks for winter activities such as snow-shoeing, cross-country skiing, ice fishing, hiking and more. The Rail Trail is especially attractive for senior citizens, who can use the easy walking path in all kinds of temperatures.

“I was upset about it because I feel that they should be open year-round as they have in the past. People do use the parks in the winter, especially the Rail Trail and Benedict Farm Park, for hiking and birding or photography, snow-shoring, cross-country skiing.”

The new hours are also upsetting, Moore said, because she enjoys the parks until dusk.

Amthor said it’s normal for municipalities to place parameters on park hours and seasonal closings.

Winchell said he understands residents’ frustrations and he would like to have the parks open, but residents should be able to enjoy the parks safely.

“Moving forward, I’d like to see the public have access to the parks, but safely,” Winchell said.