Shen municipal authority discusses insurance liability

April 02--RAVEN RUN -- The Municipal Authority of the Borough of Shenandoah board on Tuesday discussed concerns about insurance liability involving the use of authority lands by the public for fishing, hunting and other activities at a special meeting.

The special meeting had two agenda items to discuss, the first being whether the authority will issue fishing permits and the other on whether to purchase GPS devices for authority vehicles.

The authority board tabled both items.

Board Chairwoman Donna Gawrylik opened the discussion of the fishing permits.

"The authority's insurance carrier wants you to be aware that the authority could be sued if someone would get hurt while on the property and that would result in higher premiums," Gawrylik said.

Board member Joseph Rosselli has been looking into the situation and how other authorities deal with the public involving access. He has spent the past week looking at water authority watersheds and how they are overseen and compared them to MABS property.

"Anybody can do anything on our watersheds," Rosselli said. "There is no way for us to oversee our property. We don't have a security force. The police don't patrol it. I'm not saying they are in bad shape, but they're accessible to anybody, anywhere, anytime. Other authority reservoirs in our county are off limits to people because they are pristine."

Rosselli said there is no policing of the authority's watersheds, which does lead to problems such as garbage being dumped illegally. He said there is also the issue of the No. 6 reservoir, which is located near Ringtown in Union Township, that is half-owned by the authority and the other half by the state Fish and Game Commission.

"People can fish half that reservoir. It's state fish and game. We can't post it," Rosselli said. "I have been reviewing our properties that are posted. We have to talk to our solicitor and police to address these problems, including off-road vehicles, with farming using herbicides and pesticides on our properties that they're not supposed to. These are issues Donny (Segal, board member) and I are aware of. We need to act on behalf of the watershed."

Authority manager Mary Lou Jaskierski said about 70 fishing permits are issued every year. The permits are free to residents in the authority's service area and entitle the holder and three others to fish in the reservoirs from April to September.

"I'm just throwing this out on the table as far as my feelings with the insurance companies and risk management," Rosselli said.

Gawrylik said the authority learned of the insurance company's position on the subject when Jaskierski wrote a letter asking about the liabilities at the request of the board at the March 11 meeting. The response from the insurance company included the following:

"There is no exclusion on the agreement for hunting and fishing. However, the authority can have claims against it if someone is hurt on their land. If this exposure results in third-party claims against the authority, their premium liability contribution could increase."

"We do have it in black and white that it is our responsibility," Gawrylik said. "And today we do live in a lawsuit society. Any little thing that happens leads to someone saying, 'You'll hear from my attorney.' "

Gawrylik recommended that the matter be tabled until it can be more thoroughly discussed with authority solicitor Joseph Nahas. Rosselli said that a decision needs to be made sooner than later.

"Fishing season opens this Saturday, so we can't put this under a rock," Rosselli said. "Until we get things posted, we're at the mercy."

Rosselli said the signs that are posted are all types with different wording. He said a sign needs to be developed that addresses any restrictions in language that is clear.

"We have to be in compliance with the law. There are many signs that have to go up, and I will put myself out there to put them up," Rosselli said. "We need to post signs so we can enforce the rules. To ensure our reservoirs, we have to look at this."

Gawrylik said, "I think we should just wait to discuss it with Joe (Nahas) by no later than next week.

The board consensus was to table the issue and hold a special meeting, possibly next week, on the subject after receiving advice from the solicitor.

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