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Addition to Board Minutes of October 9, 2003
December
17, 2003
Mr.
Ron Donchez, Chairman
Dear
Ron,
Thank
you for sending me the minutes of the Board’s meeting of October
9, 2003. The Sierra Club was represented at that meeting
by Dr. Al Wurth. He reported,
and minutes note, that a group of visitors from The Nature Conservancy
were in attendance. The minutes
further note that after presentations by TNC staff, the chairman “...stated that The Nature Conservancy’s arguments did not change
his mind...” The minutes, however,
do not summarize the substance of the information and arguments advanced
by TNC. The minutes are incomplete
on an important piece of information relevant to the Authority and to
the city of Bethlehem.
We
respectfully request that the Board direct that the minutes be revised
to summarize the substance of the information and arguments advanced
by TNC. We do this for several reasons, acknowledging
that the underlying issue is the granting of conservation easements
to TNC.
1. In
a report prepared for the Authority, Counsel extensively outlined possible
damage and liability that would arise from the use of controlled burns
by TNC should they get out of control.
Indeed, this argument figured heavily in Counsel’s recommendation
to the Authority not to grant the easements.
The objective information presented by TNC is germane to the
Authority’s considerations, and balance requires the inclusion
of the information in the minutes of the Authority.
2.
The
substance of the TNC report is that the present state of the
Tunkahnnock watershed is that it is already a substantial fire
risk due to the past practices of the Authority and quality of its oversight. Consequently, there is substantial liability
exposure now to the Authority and/or the City of Bethlehem. It would appear that, since the minutes do
not disclose this potential risk, the City of Bethlehem (and the public)
may not be fully informed of the potentially substantial financial and
human risk that is involved. The
Authority thus faces a substantial risk even without any activity by
TNC, although the Authority’s evaluation of the easement proposal
dismissed the proposal on the very same or similar grounds.
We
request that the Authority provide us and the City of Bethlehem with
a statement of its current liability coverage for human injury and property
damage caused by fire in the Tunkhannock watershed, from whatever cause
or source, including any damage or injury to persons or property outside
the watershed. Specifically, we seek information on coverage
from a forest fire that crosses the boundaries of the watershed.
The
current trial in a matter related to the police department of the City
of Bethlehem has made many people aware of how important sufficient
insurance coverage and best management practices are in covering damages
and limiting risk.
Thank
you for your consideration.
Respectfully submitted,
David
K. McGuire, Ph.D.
