Emotional, heated and extensive discussions took place in the market town council of wildflecken about the EU-leader project "mountainbike rhon and foreland". The main issue was that some of the designated routes of the regional project crossed private land, paths, meadows and forests.
Market town councilor klaus rest (PWW) had demanded in the run-up to the meeting that unresolved liability issues and other legal aspects of the route be clarified immediately. However: in 2018, the municipal council had already approved the designated routes of the leader project. There was still no member of the town council. Various liability issues will now be published in the next municipal newsletter and explained in more detail, said mayor gerd kleinhenz (PWW). At the time, all affected municipalities and the county had agreed to the route in a legally binding resolution. In 2018, the project was again preceded by objections, for example from hunting leaseholders, which were taken into account at various points in the new planning of the route.
Information policy criticized
"The trend towards mountain biking and e-biking is unbroken", so kleinhenz. "We cannot simply reverse our decision at that time", he said: "as mayor i see myself in the responsibility to work on a further development of the community". I can’t see that anyone should have been harmed in any way by the new mountain bike trails. I emphasize once again the importance and correctness of the routes decided at that time." Councilman rest did not want to come to terms with the mayor’s statements and sharply criticized the designation of the mountain bike route, especially in the vicinity of the black mountains near oberbach. The affected owners of the land around the black mountains had not been informed comprehensively, either directly or personally, he said, who, according to his own information, had been "in discussion for a few weeks" intensively concerned with the issue. Some of the routes went right through private woods. "I personally see this as very questionable", says the oberbacher. From suitable because of mountain bikers could be partly no speech at all, besides the wild by the mountain bikers unnecessarily startled. Damage from browsing is unavoidable. In addition, he criticized that the liability issues for private landowners had not been regulated. A contractually binding written disclaimer is not currently available to any private party. "One thing is certain for me, on a tree in my private property no sign for a mountain bike route comes to it", rest made clear. He attacked the signposting of the new route that has already been done. "Has any landowner ever been asked to accept a sign on one of his trees??" None of the affected owners around the black mountains or around oberbach had been able to exert any influence on the route of the line. "I cannot justify the procedure for the designation of the routes with my conscience. I can’t and don’t want to justify this to the burghers", he said. "From the very beginning, the district administration of bad kissingen did not care about the interests of the owners", said rest. "I therefore propose that the route in question be removed from the planning process now.
Mayor gerd kleinhenz replied that a hunter from oberbach had been involved in the planning of the route. To the now criticized route in the black mountains, however, there were no objections from the hunt leaser at that time. "I am also sure that the markings on the mountain bike trail that have suddenly disappeared have not been removed by the district office", said the mayor, who wanted to spare further comment or conjecture on the mysterious disappearance of the signs.
The market town council could not accept the motion of klaus rest anyway, because there is a legal decision of the board. "We can’t just take back decisions because burgers don’t like them, the head of the city council continued. 3. Mayor herbert nowak (CSU/PWG/OWII) took up the cudgels for the previous market council committee. "There was a very clear, transparent procedure for the route management. All discussions on this subject have always been conducted in public", said nowak. "The municipal council voted unanimously for the project in 2018. This decision is binding for me. I can’t just take back any resolution from the past and overturn it because someone doesn’t like it. Then we are no longer a reliable partner. For no one. Not for the district council. But also no more for the citizens. This is not how the work of a municipal council works", according to herbert nowak.
Resolution from 2018 legally valid
Holger trump (CSU/PWG/OWII) can understand the annoyance of the affected property owners, but also made it clear that the decision from 2018 remains legally valid for him as well. Klaus rest made no secret of his gross annoyance: "the question of liability is still unclear. The private owners do not know where they stand. Wolfgang illek (CSU/PWG/OWII), 2. Mayor in wildflecken, expressed shock at the sharpness of the accusations against the previous municipal council body. "I can understand that some property owners may not feel sufficiently informed, but unfortunately I have no understanding for the various harsh accusations." Vanessa muller (PWW) made it clear that, in principle, every private landowner has to fulfill security obligations. It doesn’t matter whether a bike path or a hiking trail passes by or not. In this respect, she does not understand the heated discussions about the question of liability. Oliver masso (CSU/PWG/OWII) made it clear that the market town council is responsible for the well-being of the entire community. "Sometimes a local council has to go a way that doesn’t suit individual burghers. But this is everyday life for the municipal council. We have to justify our decisions over and over again to our citizens. I have also supported decisions that I personally did not like", according to masso.
Suggest legal review
Christoph schmitt (PWW) asked to take the emotions and the sharpness out of the discussion. From a purely legal point of view, there is no way to oppose the designation of hiking trails or mountain bike trails in the interest of the entire population. Christoph schmitt regrets the fact that the property owners may not have been sufficiently informed in person at the time: "maybe I have to chalk that up to myself, too." Peter nietsch (CSU/PWG/OWII) proposed to postpone the issue for the time being and to request a legal review at the district administration office. In the municipal council, one cannot get any further in this matter anyway, if only because of the many legal questions of fact. The committee agreed with the proposal of peter nietsch. Several spectators from oberbach, who had obviously come because of the topics discussed, fell in love with the school gymnasium immediately after this item on the agenda.