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Residents ask whether Wood Tiger Fund agreement covers bridge, road and litigation costs

Tinicum Township Board of Supervisors ยท June 10, 2024
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Summary

During public comment, residents asked whether an agreement tied to the township's recent acquisition of a bridge and approach road covers repairs or legal defense; staff said the agreement contemplates maintenance but not litigation defense and that insurance would typically handle liability claims.

Public commenters at the Tinicum Township Board of Supervisors meeting questioned whether an agreement tied to the township's recent acquisition of a bridge and its approach road obligates the Wood Tiger Fund to pay for repairs or to defend the township in lawsuits related to road or flood damage.

A resident asked directly whether the agreement "say[s] that Wood Tiger Fund will pay for repairs and lawsuit expenses to the township should there be any road damage," and expressed concern about potential property damage to adjacent private land if flooding recurs. A staff member responded that the agreement "does not contemplate defense and litigation; it does contemplate maintenance of the bridge and the approach roadways," and said that claims for private property damage would typically be handled by insurance carriers.

Commenters noted that the road is in a floodplain and that rebuilding the roadway to address recurring flooding would require a separate permitting and funding process the township cannot complete immediately. The staff response emphasized that the maintenance fund in the agreement is intended to cover repairs, while litigation or claims by private property owners would generally be matters for the township's insurance provider.

A commenter also asked about the status of documents needed for the township to take stewardship of the bridge; staff said a final draft of the stewardship/transfer agreement should be available next week. No formal vote or change to the agreement occurred during the meeting; the board heard the public comment and staff responses and did not take further action on the topic at that session.

Next steps identified in the meeting: staff to circulate the stewardship agreement draft when available and to follow up on public questions about insurance and maintenance responsibilities.