Good morning,
Thanks to all of you for your thoughtful replies, I'm sure there will be more but let me clear up something that I look at differently because I've lived in 5 of the 10 most bike friendly states.

You only have the rights that you stand up for.  If you ignore them they will go away.  If only 1 person stands up for them and everybody else just watches, they will still go away.  The WV DOH is obligated to accommodate bicyclists and pedestrians on any project that uses federal funds.  That obligation holds whether it affects 1 cyclist or 100.  Here again is the statutory basis of that obligation:
http://www.fhwa.dot.gov/environment/bikeped/freeways.htm
In bike friendly states this obligation is upheld because people stand up for it when they need it and others stand with them because they know that's what it takes to get results.

A few other items of information:
It isn't currently possible for cyclists and pedestrians to use the old bridge while the utility work is going on.  There are truck and cranes on the bridge and at the approaches.  As I mentioned, the utility work will be done in about 3 weeks.  In the meantime I've been crossing before and after the workday, which makes for a pretty long day for me.

The reason I didn't get involved in this sooner is that the contractor was originally supposed to do all of the bridge and pier work first, leaving the roadway open, then do the approach and utility work last (about a year from now and I don't expect to be living out there then).  When the contract was awarded the contractor surreptitiously declared that impossible, stating it would be necessary to close the bridge immediately.  I only found out about this when I saw the closure sign go up. 

Once the contract is awarded by DOH, the bridge and road become property of the contractor to do with as they please.  They are under no obligation to provide passage to anyone unless it is specified in the contract.  Consequently I am trespassing anytime I cross the bridge when the "road closed" signs are up.  They have surveillance cameras up on the bridge (mostly to prevent theft and vandalism to their equipment) and could prosecute me at any time if the choose (although I've been given no indication that they intend to do so).  If anyone tampers with their equipment, they'll probably take stronger measures to prevent unauthorized bridge crossing and I may be without a route again.

Considering the condition of the bridge, it may collapse before the new bridge is completed and then I'll also be without a route.

If either of these last 2 scenarios does occur, I hope you'll be willing to stand up for bike access to I68 - which will be the only practical alternative.  I'd sure appreciate your support.

I may be the only person asking publicly for this access, but I doubt that I'm the only person needing it.  Plenty of people who need things like this complain about it, but don't take effective action - either because they don't know how or don't have time.  Don't wait until it's too late to act, like we did with fracking.

Thank you.
Nick





On 5/27/2011 9:03 AM, John Lozier wrote:
I gotta say, Nick and Ryan have it right on the substance, if the bridge is going to be there anyway it should be available for pedestrian and cycle use. How could DOH have even considered complete closure under these circumstances. 

I am sorry to say, I see some unnecessary squabbles, rooted in personalities, in this case both these passionate folks who agree on so much.

DOH needs feet held to the fire. Bike Board should/could have been out front on this bridge business. 

Thanks, Nick, for your consistency, I hope you and others can focus on substance and solutions.

No longer on the board, but still on the list, not riding as much as before, I remain ...

a booster of alternative transportation

John

On May 27, 2011, at 8:51 AM, Ryan Post wrote:

Once I realized the bridge would physically be there for the duration
of the construction, why wasn't a solution to just allow pedestrian
traffic on it? I can't imagine there's much more than a tripping
hazard on it during working hours?
I can understand disliking how WV looks down on cyclists, but that's
not going to change overnight and given the struggles in getting
people to ride in town, I think getting them to ride from Cheat into
town is a long ways off.
Although this bridge is a big deal for you, and a minor deal for some
weekend rec riders, we're limited in out matchsticks and kinda need to
burn them wisely.
Ryan



On May 27, 2011, at 8:36 AM, Director <director@positivespin.org> wrote:



    Good morning,
    Just realized that I sent this message to Butch, and meant to send
    it to the entire board.
    Nick

    -------- Original Message --------



          Subject:
          Re: [Bikeboard] FWD: RE: Ice's Ferry Bridge closure


          Date:
          Thu, 26 May 2011 10:01:20 -0400


          From:
          Director <director@positivespin.org>


          Organization:

          Positive Spin, Inc


          To:
          Graber, Stephen <sggraber@hsc.wvu.edu>





    Butch,
Actually the situation may be better than it would have been but it
isn't nearly as good as you infer.  My livelihood depends on being able
to get back and forth across the lake during the day on an irregular
schedule.  I've had to adapt by means that put me in legal jeopardy.
There's no guarantee that the 3 weeks is accurate, or that there won't
be other closures in the future.  The fact that DOH wouldn't even
consider allowing bikes on I68 and that they weren't aware of their
obligation to accommodate cyclists are further indications that WV will
retain its ranking as the 50th most bike friendly state.
The fact that so few local riders were aware (or cared) about our rights was
discouraging to me.  My interest is in making bikes effective
transportation for everyone, and protecting the rights of everyone to
equal road access.  If this is all the effectiveness, encouragement or
support I can get, it may be time for me to move to a different state
where I can get better results for the time and effort I put in.  If you
think I should stay then I'd like to see a little more activism from all
of you who use the roads for cycling.  I know you're all busy and biking
is mostly just your way to blow off steam, but if you want your rights
to the road to continue or improve it's going to take some effort.  If
this didn't get you up in arms, what will it take?
Nick



On 5/25/2011 11:01 AM, Graber, Stephen wrote:
You should all feel good about the work you've been doing.  I'll bet just 3 - 5 years ago there would have been no accomodation.  Three weeks will be painful, but liveable.  Look how long the trail's going to be down :(
-------------------------------------------
Stephen G. Graber
Biochem&  Mol Pharmacology
PO Box 9142, HSN-3122
West Virginia University
Morgantown, WV 26506-9142
phone: 304-293-2305

  ------   _0
------ _ \<,_
  ---- (*)/ (*)
________________________________________
Sent: Wednesday, May 25, 2011 10:59 AM
To: Bike Board
Subject: [Bikeboard] FWD: RE:  Ice's Ferry Bridge closure

Good morning,
After meeting with the DOH (Fred Shoukry) to discuss bike alternatives while 857 is under construction, I sent this message to Bryan Radabaugh summarizing the results of the meeting.  Long story short, the old bridge will stay open until the new one is up (one-lane only) as soon as they are done removing the utilities from the old bridge - in about 3 weeks.  They won't allow bikes on I68 so I don't have a practical way to get to work until then.  I'll continue using an impractical one, which I won't discuss on the grounds that it may incriminate me.  Thought you might be interested in the DOT link that specifies the DOH's responsibilities to accommodate cyclists.
Nick

---------- Original Message ----------------------------------
From: "director"<director@positivespin.org>
Date:  Wed, 25 May 2011 10:53:36 -0400

Bryan,
Thanks for following up on this.  Yes, Frank Gmeindl and I met yesterday at 2pm with Fred at the Marilla Park office and we talked for about an hour.  Fred informed us that the construction contractor has promised to re-open the bridge to one-lane traffic for the duration of the project (expected to be about a year) after they complete the current work of moving the utilities from the old bridge.
This is obviously good news and I appreciate the efforts of all parties to bring it about, however it still left me with the question of what I do until then.  As I've stated before, I run a Morgantown non-profit business (Positive Spin, a sustainable transportation advocacy) that depends on my ability to get from home to work on an irregular and unpredictable schedule.  Fred's best suggested alternative was for me to use the Mountain Line bus, which runs at 90 min intervals from 7am to 5pm.  I was already aware of this alternative, and have been using it when possible but it rarely is.  He offered to see if they can extend their schedule to run later, but I responded that I don't think that will offer any advantage in my situation.

Fred stated that the WVDOH will not allow bicycles on I68, so it is evident to me that there is no alternative that can be put in place before the old bridge re-opens. I apologize if expressing my transportation needs has led to any hard feelings.  I will continue to commute as I have been.  However, in future situations I hope that the WVDOH will honor their statutory obligation to accommodate bicyclists as cited in the following DOT link:
(During the meeting Fred indicated that he was unaware of these statutes and asked me to send them to him
When these statutes are followed bicycle accommodation can be put in place before construction begins.  It is my sincere hope that they will be in the future.  Please let Fred know that I appreciate the sincere effort and substantial time he put into finding a workable solution.  The fact that none was possible is not a reflection on him or me personally, but rather the fact that bicycles were not considered early enough in the planning process.  I hope that will be different in the future.

I don't have an email address for Mr. Shoukry so that I could cc him directly.  Please pass this on to him if possible.
Thank you
Nick Hein

---------- Original Message ----------------------------------
From: "Radabaugh, Bryan L"<Bryan.L.Radabaugh@wv.gov>
Date:  Tue, 24 May 2011 15:05:37 -0400

I believe Fred was meeting with you and/or Frank Gmeindl today, please
let me know if this was the case.

Bryan Radabaugh


-----Original Message-----
Sent: Monday, May 16, 2011 12:24 PM
To: Radabaugh, Bryan L
Subject: Re: [Bikeboard] Ice's Ferry Bridge closure

Bryan,
Just wanted to check in to see when I can expect to be able to bike from
my home in Lakeview to Morgantown again since 857 is closed.  I don't
own a car and commute on an irregular schedule that doesn't lend itself
to bus or carpooling.  It's been 3 weeks since I first asked for an
alternative route, which should have been taken care of before
construction began.  I apologize if I seem impatient, but this isn't
really something I can wait for.  There is currently no practical
alternative but to use I68.  Although it is technically legal for me to
bike on the Interstate if there is no practical alternative, I'm
reluctant to do so until I know that law enforcement is aware of this
technicality.  What should I do while I wait for your decision?

Thanks for all you're doing,
Nick Hein



---------- Original Message ----------------------------------
From: "Radabaugh, Bryan L"<Bryan.L.Radabaugh@wv.gov>
Date:  Thu, 12 May 2011 11:16:33 -0400

Fred Shoukry is going to contact some other individuals that have
contacted us about this situation and will contact Mr. Gmeindl as well
prior to setting up a meeting to look at potential solutions to this
problem.



Bryan Radabaugh



From: Frank Gmeindl [mailto:frank.gmeindl@comcast.net]
Sent: Monday, May 09, 2011 7:15 AM
To: Bill Austin; Radabaugh, Bryan L; Damien Davis;
Cc: Bicycle Board
Subject: Ice's Ferry Bridge closure



Gentlemen,



What provision is being made for bicyclists to drive from Cheat Lake to
Morgantown during the closure and replacement of Ice's Ferry Bridge?
According to this morning's Dominion Post, the detour route is I-68
from
which bicycles are prohibited.



Frank D. Gmeindl
Chairman, Morgantown Municipal Bicycle Board
LCI #1703
491 WilsonAvenue
Morgantown, WV 26501
304-376-0446
Cyclists fare best when they act and are treated as drivers of vehicles









--
Nick Hein   LCI# 1705
Director, Positive Spin
803 East Brockway Ave
Morgantown, WV
ph 304-276-0213
--


--
Nick Hein   LCI# 1705
Director, Positive Spin
803 East Brockway Ave
Morgantown, WV
ph 304-276-0213
--


--
Nick Hein   LCI# 1705
Director, Positive Spin
803 East Brockway Ave
Morgantown, WV
ph 304-276-0213
--

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Bikeboard mailing list

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-- 
Nick Hein
Director, Positive Spin
803 East Brockway Ave
Morgantown, WV 265605



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John Lozier
Morgantown, WV



 


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-- 
Nick Hein
Director, Positive Spin
803 East Brockway Ave
Morgantown, WV 265605