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Whitehall control of private path not without pitfalls

Stephanie Hacke
By Stephanie Hacke
3 Min Read June 27, 2012 | 14 years Ago
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Signs warning trespassers to stay off a private path cannot stay if Whitehall Borough takes over responsibility for the walkway, borough officials said.

Mayor James Nowalk, who, for the last several months, has been asking council members to consider allowing the municipality to assume responsibility for the Cherryvale Path, now is questioning the placement of "no trespassing" signs near the walkway.

As a result, he has withdrawn his request for the borough's intervention in taking over accountability for the route.

"We need to have a community conversation about this and more importantly, we need to know how we're going to handle a call (if someone asks us to enforce the ‘No trespassing' signs)," Nowalk said.

"We're going to have to work through this and see how this all plays out."

If borough police should enforce the "No trespassing" signs is in question, Nowalk said.

The mayor said this could fall under rules of "prescriptive easement," which, by definition, is when a property can be acquired by continued use without permission of the owner.

Borough officials must determine how the police would respond to a trespassing call on the Cherryvale Path, Nowalk said.

"We're going to get calls asking us to enforce those signs. ... We'll have to be prepared for a response," he said. "It's now shifted from council to the police department and the solicitor and myself."

World War II memorial

A Whitehall Councilman is looking to improve the aesthetics of a World War II memorial located along Baptist Road.

Councilman Harold Berkoben last week asked for his colleagues' permission to investigate the cost of getting bronze or aluminum inserted into the memorial to replace a top paint coat in an effort to create a more permanent sign.

"If you ever stop and walk, it's a fairly impressive memorial," Berkoben said.

Berkoben said the funding for the project could come from donations the borough receives for use of municipal facilities.

Councilman Phil Lahr said he would like to see the memorial moved to the Whitehall Municipal Complex.

"Nobody sees it," Lahr said. "I think it would be more honored if it were to be disassembled and brought here."

Flag disposal

A Whitehall resident has asked borough officials to consider placing a receptacle to dispose of flags at the municipal complex.

Cranberry Township and other community have these devices and they could be beneficial for borough residents, Mayor James Nowalk said.

"The idea would be to put one in the lobby of the library," Nowalk said.

Council members raised concerns about space limitations in the library foyer, but supported the mayor's research of the idea.

"I think it's a good idea. I think it merits some exploration," Nowalk said.

New officer

A new member of the Whitehall Borough police force was sworn in last week.

Mayor James Nowalk swore in Officer Daniel Bowman.

There are 20 sworn officers in the department. Bowman started on June 18.

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