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Politics & Government

Coopersburg Council on Rail Trail Joint Liability: 'Let's Go it Alone'

Council members said Coopersburg has the shortest section of trail and emphasized that it hasn't yet been developed.

At a meeting earlier this week, Coopersburg Borough Council rejected a proposal for a Saucon Rail Trail liability policy that would provide joint liability coverage to all the municipalities through which the trail runs. The proposal, spearheaded by Hellertown, would make all municipalities liable for any accident on the rail trail regardless of where it occurred.

The rail trail stretches from Hellertown, in the north, through Lower Saucon and Upper Saucon townships to Coopersburg.

By rejecting the proposal, council said the borough’s exposure to litigation would be limited. But members said it also means that if an accident happened on the borough’s section, the borough would not have the backing of the other municipalities.

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“If we have to go it on our own, that may not be in our best interests,” said Councilman John Felch.

“There are benefits both ways,” said Councilman Dennis Balascak, “but we have the least exposure,” referring to Coopersburg’s smaller length of trail compared with the lengths' of other municipalities sections.

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“We have such a small section,” Councilman Larry Pummer agreed. “We’re going to inherit increased exposure (if Coopersburg were to agree to the proposal).”

The proposal would also make the borough liable even though its section of trail hasn't yet been developed. “We don’t have a trail yet, but we’d still be liable,” Mayor Timothy Paashaus said.

Council agreed it would take on any risks without the help of neighboring municipalities.

“Let’s go it alone,” Balascak said, summing up council’s position.

The borough will use existing insurance coverage for the trail.

In other business, Fire Chief Kevin Farnish requested that the borough enact a more comprehensive fire permit plan. Farnish wants to require corporations and businesses such as gas stations, repair garages and other businesses that might have flammable materials to obtain a permit through the fire department.

Farnish said this is common practice in other municipalities.

“Every other municipality with the exception, so far, of ours, requires permits,” he said.

Farnish explained that an expanded permit program would increase the fire department’s effectiveness.

“We would have some idea of what we’re up against if we respond to a fire (at a business),” he said.

Council agreed that it would discuss the matter in committee and look to enact an expanded permit program in the future.

The current permit plan allows the fire department to inspect houses, buildings and additions for structural integrity, flammability factors and the availability of fire escapes.

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