PennDOT liability clampdown angers OC manager

A clampdown on insurance liability issues by PennDOT that could threaten any public events on state-owned highways drew fire from city manager Mark Schroyer at an Oil City Council meeting on Thursday.

“PennDOT has some onerous requirements,” said Schroyer, noting that the annual Jingle Bell 5K held during the city’s Christmas Past celebration had to be canceled for Saturday and switched to a virtual race. “They expose the city to tremendous liability.”

Noting that he believes the requirements are not new but simply being enforced now, Schroyer said the city would be liable for any incidents, accidents and more if it held an activity on a state roadway. State roads criss-cross both the North and South sides.

“The language has always been in place but they are now enforcing it,” said Schroyer. “It affects all races, festivals, BridgeFest and more for next year. Basically, holding those would open ourselves up to litigation.”

Continuing, the city manager told council, “Holding the Commonwealth of Pennsylvania harmless is outrageous (and) … I assume it will affect every community in Pennsylvania that uses Commonwealth properties.”

Kathy Bailey, manager of the city’s Main Street Program and coordinator for the Christmas Past festival, said the majority of the Jingle Bell race is on state routes in the city. She said she and others did “not have time to react” to the requirement and so shifted the race to all virtual.

“It will have a huge impact on events … that bring people to town,” Bailey said.

She told council that organizations and individuals sign waivers for events and that perhaps that requisite could be changed to allow events to go on. In addition, single event insurance coverage is typically obtained by sponsors.

“It needs to be explained and perhaps then we can address it,” said Bailey.

City solicitor Bob Varsek is checking on the PennDOT requirements and told council there could be indemnification agreements available as well as the possibility of obtaining other types of single event liability insurance.

Money matters discussed

In other business Thursday, council approved the second of a required three readings of the city’s 2021 budget. There were no changes in the tax levy or license fees since tentative approval was given last month.

The spending plan will be adopted at council’s meeting this week.

Council gave its OK to a one-year tax anticipation note with First United National Bank. The loan is for $500,000 at a 1.49 percent interest rate and will be used until tax and other revenue comes into the city next year. It is typically paid off well in advance.

The city signed a memorandum of understanding with the Oil City Police Officers Association, the bargaining unit for the city police force. The memorandum extends the current collective bargaining agreement for one year.

City police officers have been working under the terms of a contract that expired Dec. 31, 2019. The contract renewal talks are now in arbitration.

Poultry issue aired

An East Bissell Avenue couple asked council to review a proposal that would allow them to keep chickens on their property.

Eggs from the chickens are donated to a local charity for distribution, said the residents, and a plan to offer “agricultural therapy” is in the works. Council agreed to review their request.

The city code doesn’t permit property owners to raise or keep live poultry.