MACUNGIE, Pa. — A three-year agreement to swap Macungie's fire services from the embattled Macungie Volunteer Fire Department to Lower Macungie Fire Department passed unanimously on first reading Monday.
That lines up the services to officially be adopted by the end of the year.
The agreement comes on the heels of a months-long process. Concern about the Macungie Volunteer Fire Department came to a head in August when department officials failed to produce a requested audit.
Concerns also were raised about the number of active and available firefighters on the service.
"The Macungie Borough Council has determined that it is in the best interest of the residents of Macungie Borough to designate the Lower Macungie Fire Department as the official fire protection unit for the Borough of Macungie."
Ordinance approved Monday by Macungie Borough Council
"The Macungie Borough Council has determined that it is in the best interest of the residents of Macungie Borough to designate the Lower Macungie Fire Department as the official fire protection unit for the Borough of Macungie due to ongoing concerns relating to the Macungie Volunteer Fire Department’s mismanagement and its ability to respond to fires," the ordinance that officially marks the change states.
In recent months, Lehigh County Dispatch has dispatched nearby fire companies in addition to the Macungie Volunteer Fire Department because of concerns about staffing and potential response times, according to council.
Borough and fire company officials said they aren't sure what will happen to the assets of the Macungie Volunteer Fire Department in the long term after the swap.
No members of the Macungie Volunteer Fire Department spoke at the meeting, but prior public discussions at council meetings involved representatives from the fire company stating that the organization is in-operation and can do its job.
Borough fire costs to increase
The borough will give the township $90,000 annually, split into two in April and October, in addition to Pennsylvania Volunteer Fire Relief passthrough payments from the state.
The agreement is reflected in the borough's 2024 budget.
Payments by the borough will not be made directly to the fire department, but go toward insurance costs, recruitment and retention incentive programs, station utilities, maintenance and operations expenses, and vehicle and equipment replacement programs.
Joint Municipal Agreement by LehighValley Newsdotcom on Scribd
Annual funding adjustments may occur up to 5% from the prior annual amount, with 90 days notice before the end of the year required for any cost increase notice.
An additional one-time contribution to the township of $10,000 also is listed for capital improvements to the fire department in the first year of service.
Each municipality is listed to be entitled to a full right of reasonable audit.
Lower Macungie agreement also passed
Also Monday, council approved a joint municipal agreement establishing the contribution agreements with Lower Macungie Township.
It will be on the agenda of the next meeting, Dec. 18, to be signed and approved by borough council, along with a final vote of the ordinance codifying the swap.
It states that Lower Macungie Fire Department officers and municipal officials agree to meet annually to review services, and would require them all to meet if there are complaints related to fire protection and rescue services.
The agreement also states that the township will provide workers' compensation insurance and expenses and be the lead coordinator of services.
The agreement automatically will extend in one-year terms, with any termination of the agreement having to be made in writing at least 90 days in advance of the end of the calendar year or intent to terminate.
The agreement requires quarterly and annual reports consisting of the nature and number of calls, and financial statements and/or audit reports.
It can be modified only by written agreement of all parties.
A similar agreement exists between Lower Macungie Township and the Borough of Alburtis, according to Lower Macungie fire officials during a presentation in August to Macungie about its services.
Chief pushes back
Macungie Volunteer Fire Department Chief Mike Natysyn pushed back on the council's moves and decision, saying the company is "fully active," still responding to calls and is fully staffed.
Natysyn said an audit was given in September, and that a group of former fire company volunteers took funds from the department and told the borough council incorrectly that others had quit the fire department and that it was shut down.
He said litigation is ongoing involving some former members.
He said he still is unclear why the borough is taking these steps, and believes response times in the borough would be slower with an outside department.
"That's a million-dollar question that nobody knows," Natysyn said. "In the department, we're all scratching our heads thinking, 'What's going on?'
"We're fully service. We have the trucks that, on demand, we get out on the calls. You know what I mean? I mean, we can figure this out ourselves. And when you ask the borough, they don't give us any answers."
Council President Ron Karboski said council, based on current worries, wants to ensure homes are protected.
"It's been quite clear to everyone, they didn't fulfill the requirements of answering specific questions we had with regard to the wellness of the fire company," Karboski said.
"Suspicions that we have based on some of the reports that they've given to us, and all the creditors that have submitted requests for payment to the borough makes us believe that the fire department is not run well.
"And when none of the volunteer firefighters that show up here at our meetings are from anywhere but 40 miles away, we know we don't really have an organized, well-run fire department."
Natysyn insisted the department has 15 to 18 members, and said it was not unusual for some members to live out of the municipality where they volunteer.
At a Nov. 23 borough council meeting, Borough Manager John Brown said they had so far found more than $30,000 in unpaid invoices, while Karboski insisted the borough has observed lack of financial controls, misconduct and a staff of only eight firefighters, some residing so far away that response times could be impacted.
In responding to the debts and unpaid invoices the fire company holds, such as a mechanic's holding of a truck, Natysyn pointed to the withholding of half of the annual borough funds in August by the borough in as a primary cause for invoices to go unpaid.
"That's because we didn't get out $25,000," Natysyn said. "With them holding the money that's why we're in debt. Once we get the money we can get us out of debt. They're holding the money to try to break us."
Under recent borough budgets, the fire company was allocated $50,000 annually split into halves.
Karboski and other council members, however, were convinced it was time to move forward with their plans, and cited the lack of a complete verified audit as requested, as well as other concerns.
"That's a simple answer. We don't know if they're legitimate debts," Karboski said.
"Because when a department is not properly run, then those debts can be anything. We need to be sure that the taxpayers of Macungie's funds are passed through from us towards firefighting services."
"We just hear more different things going on," Councilman Greg Hutchison said. "You know, they owe this money, that money, this money, and people quit."
"The Fire Company was really good years ago."
Council members say a financial report was submitted, but that it was not an audit as requested.
A report to borough council in 2017 illustrated similar concerns with the fire department.
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