Response from Tobyhanna Township Volunteer Fire Company

This is the letter placed in the last issue by the Tobyhanna Township Supervisors. Our responses are in red.

To the Residents of Tobyhanna Township:

For the past several months, there have been many statements, questions and concerns regarding the new Tobyhanna Township Fire Ordinance #571 and the Tobyhanna Township Volunteer Fire Company (TTVFC). We, the Board of Supervisors, would like to provide some history … and explain what the Ordinance actually states about the items most frequently questioned and criticized.

We would also like everyone to know that the ISO Rating for Tobyhanna Township has NOT changed since TTVFC has been out of service. ISO Ratings determine how well one’s local fire department can protect your community and home. ISO ratings are used by homeowner’s insurance companies to set rates. Many people have been blaming recently increased rates for their homeowner’s policies on a change in our ISO rating. That is not true. You may want to contact your homeowner’s insurance company to find out what caused your increased cost.

Not 100% true, there are other factors that calculate into your rating. ie: distance from a firehouse, distance from a fire hydrant (water source). Being more than 5 miles from a firehouse puts the rating at max (10). Do call your insurance company and also ISO for questions.

History

Several years ago, the Fire Commission* met with both Fire Companies, Tobyhanna Township Volunteer Fire Company (TTVFC) and Pocono Summit Volunteer Fire Company (PSVFC) regarding a New Memorandum of Understanding (MOU) spelling out what was expected of both Fire Companies, and what was expected and to be paid for by the Township. A draft was completed by both Companies and was awaiting approval when President Ed Tutrone of TTVFC approached the Township Solicitor after a Township meeting and stated that TTVFC will not sign the MOU unless ownership of the Blakeslee Fire Building is signed over to TTVFC. The Blakeslee Fire Building, located on Route 115, is owned and maintained using funds from the Taxpayers of Tobyhanna Township. This ownership demand by President Tutrone was rejected by the Board of Supervisors (BOS).

Since TTVFC refused to participate in the MOU process, the Supervisors asked the Fire Commission to produce a new Fire Ordinance. After several Fire Commission meetings, TTVFC sent a letter dated March 25, 2021 to the Board of Supervisors stating they would only participate in the drafting of a Fire Ordinance with the Board of Supervisors because, in an earlier meeting, President Tutrone and Chief Counterman stated that the Fire Commission has no authority to make changes. After no cooperation and participation from TTVFC, the Board of Supervisors asked Solicitor Coleman, Tobyhanna Township’s lawyer, to meet with both Fire Companies and draft a new Fire Ordinance (in lieu of the MOU) with their input. Solicitor Coleman met several times with both Fire Companies and then submitted a draft Fire Ordinance to the Board of Supervisors. The Board met several more times separately with both Fire Companies, and then received a notification from TTVFC that they would be bringing its attorney to the next Fire Ordinance meeting. PSVFC agreed with the draft Fire Ordinance, but TTVFC was still not in agreement with parts of the Ordinance. After several more meetings, the TTVFC presented its own version of the Fire Ordinance removing most of the certification and taxpayer funding requirements from the original draft. Those are essential items needed for accountability! The Board of Supervisors used some of TTVFC’s changes, but not all. Then we placed the required advertising announcing the upcoming meeting to discuss the Fire Ordinance, and placed it on the BOS agenda for a vote. The Fire Company never refused to meet or talk about the MOU or ordinance. PSVFC asked Mr Carbone three times for a meeting and TTVFC asked twice, no meeting ever took place. As for not participating in the MOU process, we were told by the township solicitor Harry Coleman in June 2021 at our monthly fire company membership meeting we should not be negotiating with the Fire Commission as it is only an advisory committee and has no authority to make policy. TTVFC along with their attorney met with the BOS and their solicitor on three occasions to discuss the proposed fire ordinance. TTVFC submitted a marked up version of the ordinance in April of 2022 to the BOS of which they adopted almost none of TTVFC’S suggestions.

On Aug 12, 2022, the Solicitor for the Township received a letter from the attorney for TTVFC stating that if the Fire Ordinanc“eis adopted in its present form the Fire Company will not agree to operate as the officially recognized fire company for the Township.”

This was due to the fact that there was no grace period for the required training the township wanted us to have. Also the training they require limits the man power pool, there maybe individuals that do not want to go into a fire, but want to volunteer in some other discipline on the fire grounds.

On Aug 15, 2022, the Fire Ordinance was passed by the Board of Supervisors and took effect within 5 business days. Per the letter submitted by TTVFC on Aug 12, they removed themselves from active Fire Service effective Aug 22, 2022. Again due to no grace period , with no grace period TTVFC and PSVFC were automatically non-compliant and in violation of the ordinance. Our letter also stated we would continue to respond if called using our own funds so we could continue with discussions and keep the taxpayers with timely responses.

Legal Action

Since TTVFC removed itself from operating in Tobyhanna Township effective Aug 22, 2022, the Township’s Solicitor filed an injunction against TTVFC. There were three (3) main parts to the issued injunction:

1) Ownership of the Fire Apparatus

They are titled,registered,insured and maintained by TTVFC

2) The return of any unused Taxpayer Funds

There is none as the Township BOS wrote the checks DIRECTLY to the vendors. As stated by Mr.Carroll it is to ensure it gets there.

3) Setting a date for TTVFC to vacate both Emergency Buildings owned by the Taxpayers

The Judge read the injunction and sent the case to mediation. A hearing before the mediator produced no agreement, so the case was sent back to the Judge for a court date and hearing. Hearings were held on Dec 10 and Dec 20, 2022 in front of Judge Higgins. We are awaiting hisdecision.

WHY HAVE A FIRE ORDINANCE?

The Fire Ordinance is about Fire Tax Accountability for services rendered by both Fire Companies. This includes on-time Budget and Certification Requirements for all Fire Equipment and Apparatus. The Fire Ordinance requires all Fire Personnel to have at least the minimum required Certifications for the position they hold within the Fire Company.

We never disagreed with this only the no grace period in the ordinance.

This is not government overreach (as claimed by TTVFC). The Board of Supervisors believes these are reasonable requirements of all fire companies and personnel as part of the BOS’ fiduciary duty to the Residents of Tobyhanna who pay a Fire Tax as part of the annual property tax.

The government overreach comes in section 9-11, delinquency of fire service of the ordinance. The fire board that would be appointed solely by the BOS would have the authority to take over the financial, administrative and oprerational duties of the fire companies with no authorization needed from their memberships. To date there has been no descriptions of what would constitute delinquencies for an appointment of a fire board.

MISUNDERSTANDINGS? HERE’S THE FACTS

√ The Board of Supervisors will select the Fire Chiefs - FALSE

The Fire Company selects its own Chiefs as long as the applicants meet minimum requirements.

See section 9-11delinquenies of service sub section D through F. Section D,3(B) Authority. The fire Board SHALL have the authority to remove,appoint or affirm all fire company officers,ancillary boards and committee members to serve in various capacities as specified in the fire company by laws.

Fire Ord §9-10. Election of Officers

(a)The members of the Fire Company are further authorized to elect from its membership such officers as may be provided in the bylaws of the Fire Company. The Board of Supervisors must be provided the qualifications and fire education and training of all members.

The public should be confidant knowing that their Fire Chiefs have the experience AND certifications needed to manage a fire scene. Currently, the Assistant Chief, Ed Tutrone, does not have the minimum qualifications (Certifications) required for the position according to not only the Fire Ordinance, but also TTVFC’s own Rules and Regulations.

Assistant Chief Tutrone does have the experience and training set forth in TTVFC’S own S.O.G.S . These are the same training qualifications that were put into place by past Chief and current chairman of the BOS John Kerrick. He has the qualifications as stated in the ordinance also, See 9-10 (B) ALL FIREFIGHTERS ARE REQUIRED TO HOLD , AT A MINIMUM, A CERTIFICATION OF FIREFIGHTER 1(NFPA 1001). ALL LINE OFFICERS ARE REQUIRED TO HOLD, AT A MINIMUM, A CERTIFICATE OF FIREFIGHTER II (NFPA1001). FIRE ESSENTIALS SHALL BE ACCEPTABLE. The grace period talked about earlier was finally enacted by resolution December 2022 four months after passing the ordinance and four days before heading to the court hearing. Why do you ask ? This is because we asked for documentation of PSVFC’S training of members and officers and we were told that they had none, a direct violation of the ordinance, and so the grace period of two years was given. Nothing was ever extended to TTVFC so that we could return to service. Our S.O.G’S were adopted last on 11/2017 with no changes or additions after.

√ The Fire Company cannot apply for a loan without permission from the Board of Supervisors - BOTH TRUE AND FALSE

The Fire Company can approve on its own all expenses or loans up to $10,000. BOS approval is required for expenses over $10,000.

TTVFC is a private 501c 3 nonprofit corparation. With the rights to act as a business. Above is only one of many examples of government over reach.

Fire Ord §9-7. Control of equipment and funds

C. No capital expenditures over $10,000 shall be made by the fire companies, which shall require its borrowing of money or the pledge of Township credit without the prior written submission and consent of the Board of Supervisors. Township control is the key word even in their own heading. We have never asked for a pledge of Township credit for any purchase of equipment.

TTVFC took out a Fire Company loan in an amount exceeding $1.3 million for a new Ladder Truck without the approval of the Board of Supervisor

The loan referenced was taken out in June of 2021 before there was even a draft of ordinance #571, and for $750,000 not $1.3 million. A public hearing was held by law at the fire station to seek objections, no one showed up to object.

√ TTVFC cannot respond to Mutual Aid calls to help other municipalities - FALSE. The fire company is not allowed to run mutual aid calls in Tobyhanna Township, where the Township says the tax dollars come from.

The Fire Company may continue handling Mutual Aid calls per the Ordinance Fire Ord §9-4. Authorized duties and permitted activities of fire company D. The fire company is generally permitted to respond to calls and provide services to municipalities outside of the Township with which it maintains mutual response agreements.

TTVFC was misleading the public in its statement. They are allowed to respond to Mutual Aid calls.

Not allowed is to enter into a separate contract with another municipality, getting funds from them while using equipment, apparatus, fuel, insurance, etc. that were all paid for with Tobyhanna Township taxpayers’ money. TTVFC entered such a contract with Coolbaugh Township, and never reimbursed the Township for the expenses attributed to the calls they answered and were paid directly to them by Coolbaugh.

There is no contract between TTVFC and Coolbaugh Twp. We were afforded the same luxury from Coolbaugh Township as PSVFC is, yet no mention of PSVFC’S non payment back Tobyhanna Township. By PSVFC’S own presentation to Coolbaugh Twp. in October of 2021they responded 55 times into Coolbaugh Twp. and 100 times in Tobyhanna Twp. all at Tobyhanna Township taxpayer expense. Where is the outrage towards them? Why is it ok for one Fire Company but not the other?

Fire Ord §9-4. Authorized duties and permitted activities of fire company

H. The fire company may not enter into any agreement with municipalities or fire companies, other than mutual aid contracts, located outside of the jurisdictional limits of Tobyhanna Township without written permission from the Tobyhanna Township Board of Supervisors.

NOTE: This is one of the conditions in the Ordinance that TTVFC refused to agree to. √ TTVFC has claimed (and it remains on its website) that if the BOS determines that the Fire Company is not complying or found delinquent, they will “be fined a <sic> $1000 a day and 30 days in jail until we do comply. Along with that they will appoint their own people to take over.”

-FALSE

It is not on our web site. It is a confusing statement that our attorney asked to have put in the appropriate section of the oridinance and it was not moved. The section that contains the penalties refers to the general public and NOT members of the Fire Company.

Fire Ord §9-13. Violations and penalties

Any person who shall violate any provisions of this Chapter 9, §9-6 shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000. … the defendant may be sentenced and committed to the county prison for a period not exceeding 30 days. Fire Ord §9-6. Interference with fire-suppression forces.

A. Interference with volunteer fire company operations. In accordance with Pennsylvania Title 18 and this chapter, it shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with,obstruct or restrict the mobility of, or block the path of travel of any volunteer fire company emergency vehicle in any way or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any volunteer fire company operation.

What We Learned In Court

1 TTVFC was operating and answering EMS calls from 2018 until recently without a QRS (Quick Response Service license issued by the PA Dept of Health. This license is required to respond to medical calls. Not having a QRS for more than 4 years put the Township and Residents at high risk for a liability lawsuit. TTVFC answered 124 calls during this time period, according to the Monroe County Control Center. At a recent Township meeting, President Tutrone blamed a past member (Charles J. Dickinson)for the expired licenseand that he only recently found out. This past member(Charles J. Dickinson) took the stand at the hearing and testified that President Tutrone did know in 2018 that the QRS license was going to expire and it was noted in Daily Log Report #1136, which TTVFC would not produce.

A QRS license is not required to be dispatched to a medical assit call, any Fire company can assist EMS. PSVFC answers the call when requested. As for the report, it only mentions contacting the Dept. of health about renewal not expiration of licensure. As for not producing report #1136, we were not bound by law to produce it, and it was asked for two days before the hearing when Mr. Charles J. Dickinson conspired with the Township to have it included.

2 TTVFC has filed incorrect and or incomplete tax forms for several years by not listing all the services paid for by the Taxpayers. They did not include all of the funding of its operations that was paid by the Township with Taxpayer funds, including utilities, gas, snow removal, etc.

We have our taxes done by a CPA. We were never given any information from the Township about cost or expenditures on the Township owned buildings. In our entire 93 year exsistance we were never given this information, and if needed we will amend our taxes accordingly. When past Chief, Chairman of the board at the fire company and current Chairman of the BOS John Kerrick was there still no information and that would have made him responsible for the tax returns also.

3 TTVFC did not and would not produce any National Pro Board Certifications for its current Membership. Several months ago, Battalion 1, a consulting group, was hired by the BOS to survey the Township’s Fire Companies’ trucks, apparatus, certifications, number of firefighters that worked each fire, etc. The goal of the survey was to learn what the BOS could do to enhance fire services for the Township. PSVFC fully cooperated, answering all questions on the survey. TTFVC would not send all of the information requested, including each member’s Certifications, number of fire fighters at each fire, etc. In its email response, the Fire Company stated that they do not keep individual certification records on file. This is in violation of its own procedures and of the Fire Ordinance

The certifications were produced . We did cooperate by sending 180 reports to Battalion 1. We would not however give them remote access to our computer system for them to come and go as they chose. The other reason for that action was Mr. Charles J. Dickinson works/worked for Battalion 1 and no past member will ever be given remote access. We recieved an email from Battalion 1 thanking us for cooperating in the survey and that it is finally complete.

NOTE: This is one of the conditions in the Ordinance that TTVFC refused to agree to. 4) TTFVC did not produce any bank records or cancelled checks to show or prove how much of its own funds (excluding Fire Tax Funds) they put towards the purchase of Fire Apparatus. This information is needed by the Court todetermine ownership of the Apparatus.

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