Stowe Twp. VFD #5

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A letter from State Representative Dan Deasy regarding consolidations/mergers

Oldest Fire Company in Stowe Twp,PA Defining the characteristics of a firefighter

If you recall when we received the letter from Fire Chief Dave Gallagher on Dec 31, 2009 we are no longer recognized as a Fire Dept because we refused to allow them a take over our home, we stood to lose $15,000 in funds from Stowe Twp the taxpayers provide to each fire department. Therefore, when the two fire departments voted us out and no longer are supported by the township commissioners, we lost that funding of which came the realization our fundraising efforts will need to "step up". And it has! After 3 months, we made $6,000 from fundraising activity. We are still a long ways away from the $15,000 mark which doesn't include our attorney fees and other expense for the up keep of our building, However from the support you have provided, it gives us great hope that we will meet this mark and continue to provide fire service.

We are happy to report of another successful fundraiser for the Presston VFD, which brought us another step closer to our fundraising goal for this year. Once again, Billy Elmers' sold out comedy show had the audience in laughter for over 2 hours. From current events to the old times and with the 'quick wit' of Billy interacting with the audience everything and everyone was in play. Thank you for all who attended and for your donations.

The life line of a volunteer fire department remains from the support of the community. Your donations and contributions have demonstrated we have a very strong life line. We Thank You!

Your continued support gives us hope that one day we may be together again on your terms and not theirs. We look forward to future fundraisers with you.

Cordially yours,
Kevin Kochirka, President
Independent Hose Co #5
'Keep the 5 Alive'

My name is Kevin Kochirka, President of the Independent Hose Co. #5 aka Presston VFD 277. Consolidation/mergers should be the decision of each department to partner with one another to provide the best service. Not to be taken over by another! You should be forewarned, a governing body does have the authority to make this happen, there has been case law established. However, the question would be, Is this in the best interest for the people? I write this so our story is told and should anyone else find themselves in this position our lessens learned may benefit you. We have received a great outpouring of support from many departments in the area. . .THANK YOU!

A bit of history for those not familiar with Stowe Twp.

2.15 sq miles population 6706 (2000 Census); 3 fire departments provide fire protection.
Station 275 has a Class A Pumper, Rescue and a squad [housed in twp bldg]
Station 276 has a Quint, a mini-pumper and a squad [housed in twp bldg].
Station 277 has 2 Class A Pumpers [we OWN our bldg, built in 1952].

Each department operates independently of one another and together for fire protection under a common "General Body" fire department association. Each provided their own equipment, fundraising, held seperate meetings and secured their own membership. When a structure fire was alarmed in the township all 3 companies would respond together functioning under a Twp Fire Chief. This process (simply stated here) modified over time functioned for over 50 years. Our department 277, participated fully under the Chiefs direction and provided equipment, Pumpers, and firefighters as required by his standard guidelines. We participated and followed the Fire Chief as he was building a fire department. Our membership became RIT certified and listened tentatively to all his beliefs. We were on board.

In 2006, Talk began of consolidating. Grant money become available to municipalities for consolidating services with each other (ie. police, public works, etc). Theory is consolidating the 3 departments would bring in grant money to provide a new fire house. A study was NOT done as the Fire Chief thought it wasn't warranted. (Letter to Commissioners Nov. 16, 2007) The 2 other fire departments met outside our original 3 department association to discuss replacing the "General Body" fire department with the new Stowe FD.

2007 December, Presston 277 was voted out of the newly formed Stowe FD. Bylaws were changed to recognize the 2 departments removing 277 from the Relief Association. (Dec 2007 meeting minutes and amendment signed by 10 members) We voice our objections as we would be no longer insured thus we won't be able to respond.

2007 December, Presston 277 received letter from the Relief Association we "lost our membership" at which time we purchased our supplemental insurance and appealed to the Commissioners. The Twp Commissioners did not act on removing us at this time.

2007 December, Presston 277 receives letter if anyone wants to continue as a firefighter in Stowe Twp FD they are to report to station 275 or 276, Station 277 was not an option!

2008 Jan. 5, Russellwood fire, Presston was not on first alarm as had always been the case in the past, Ben Avon was responding with 275 and 276. 2nd alarm went to Emsworth and the 3rd alarm was McKees Rocks and Presston. (county dispatch records)

2008 Jan, Commissioners directed the Fire Chief to add Presston back as a first alarm assignment. (meeting minutes)

2008 Feb, Presston established relief association for itself and asked Commissioners to recognize and have equipment transferred to Presston relief association. (they did not, stated 1 relief) We tried to explain the 2 departments voted us out but could not get them to understand.

2008 through the year, repeated attempts to find out why we were removed and what was going on did not happen. We remained as a first alarm assignment in the township and were able to continue with mutual aid.

2008 Nov, we asked Twp Commissioners how our supplemental insurance will be paid? We were not part of the Relief Association. The Commissioners directed the Relief Association to pay our insurance. We tried to explain not being part of the relief and how they changed the bylaws they could not pay it and an audit finding could happen. Nonetheless, the Relief paid our insurance for 2009 which later was an audit finding. Commissioners voted to recognize our station as a substation. This was not agreed by us as the other two determined we are beneath them. We lost all autonomy!

2008 Dec, received letter from Stowe FD to merge with the two departments operational only. We had concerns as to other conditions and our responsibilities within the new Stowe FD. We were asking for clear direction on what this meant for our department no response was ever received.

2009 Feb 24, received a letter from Twp, Feb 10 Executive session decision we had to join Stowe FD by March 1 or not be recognized. (Letter from Cambest, twp solicitor stating such) We filed an injunction in court against the township. Agreed on meeting to discuss the best for the fire protection in the township.

2009 Mar, Presented to the township and FD why we wanted to remain separated from the 2 fire departments consolidating. Twp showed, Stowe Fire Department no show!

Each department receives a state grant of $9,500 annually (x3) is $28,500 coming into the township where as other municipalities are receiving only $9,500 for their 1 department. By the state formula, more departments are needed so more money can be brought into the township. The consolidation would reduce this number by $19,000 which will increase the fundraising efforts. The 2 departments have the largest portion of the town. Our station resides in an industrial section of town housing 600 residents and businesses. The other two have the largest portion of the township and the most population, why then is it so desired we not remain as we are. We know of other areas with a single department that need to expand their fire stations to improve their ISO ratings and have less Sq miles than Stowe Twp. Has the insurance companies been asked?

2009 Mar, contacted Fonatana who is supplying the Grant. . .Stated "It didn't need to be all 3, could have been the 2 and Presston could remain" (agreed with twp solicitor we should sit with Fire Chief to remedy this situation)

2009 Mar, Attempted to set up meeting with Fire Chief, response: they'd be glad to meet once the litigation is out of the way being both the twp and Presston are under legal representation. Although, Twp Solicitor suggested we meet, The Fire Chief did not want to meet.

2009 through the year we operated as we had and tried to have meetings to resolve. Court dates finally agreed to mediation on Dec 11, 2009. This was the first time any details came out as to how the consolidation would occur. I sat across the table the first time in 2 years from the Fire Chief. There is a no disparaging clause in the mediation, not a gag order. . .We chose not to accept the terms of the mediation to merge which I will explain below.

Mediation as written by Mediator: (public document as the case was closed and twp involvement), comments added in [ ] below each from Presston membership when determining not to merge with the Stowe FD.

1. The parties acknowledge that as of March 1, 2009 the Presston Substation became a part of the Stowe Township Volunteer Fire Department.
[this date was chosen because of the litigation, which would ultimately resolve the audit finding for paying the relief association insurance. Presston VFD was never sent a letter or able to participate in any meetings held by the Stowe FD. It wasn't until Dec 11, 2009 court ordered mediation when we first sat together]

2. The Presston Substation will continue to exist at its current physical location as a fully functioning Substation of the Stowe Township Volunteer Fire Department. The term fully functional includes, but is not limited to being provided with all necessary fire protection equipment to service the community and with necessary maintenance of that equipment.
[Early discussion point which sounds good now until later in topics we have no autonomy in our station. Hence the substation wording as we've operated independently since 1905]

3. Independent Hose Co. 5 will continue to own all real estate (and buildings) on which it is located, and the Pennsylvania Liquor License currently held by the independent Hose Company #5. Independent Hose Co. #5 will take all necessary steps to ensure the liquor license has no affiliation with the Stowe Township or the Stowe Township Volunteer Fire Department.
[We own title to all property which they can't take from us to begin with. The point of contention with the Twp and FD is the Liquor License. In early 1990's our department had a situation which warranted us to look closely how we were structured. We formed two entities that operate separately from one another. The Presston VFD No. 5 (prior to county 277) and the Presston Hose Club. The township has no management rights over the liquor license nor any day to day operations. In fact, we were turned into the LCB in Jan 2008 after this all began. Our Fire Chief was in front of the state police, identified himself as the Fire Chief and they told him to leave they are looking for "club" officers. The fire department was not an issue with them]

4. The title to the two fire engines currently held by Presston Substation will be transferred to the Stowe Township Volunteer Fire Department, subject to the existing loan balance on one of the fire engines. The Stowe Township Volunteer Fire Department will make all arrangements for the transfers of title, and for transfer of or payment of the existing loan. All fire fighting equipment and apparatus shall also be transferred.
[Originally, the position from the Stowe FD and Twp was for Presston to use it's money to free and clear title. We wouldn't agree to that being they would have a windfall of 2 engines for 0 dollars in which they could then easily sale if they wanted. (Chief suggested in his response to sale 1993 KME) We would lose all ownership of the vehicles. The people of Presston donated to have these in their area, they've been successful at doing so.]

5. The parties, through their counsel, will enter into a reasonable lease that provides the Stowe Township Volunteer Fire Department with the right to use the garage area of the current Presston Substation property. In return Stowe Township will pay rent of $1.00 per year, all utilities related to the area it uses and all maintenance on that area, as well as any improvements necessary to maintain a fully functioning fire department. Stowe will have the right, at its own cost and expense, to upgrade the portion of the facility it uses and the utilities. The length of the lease shall be for as long as the property is used as a fully functional substation. Subject to adequate notice to Stowe, Independent Hose Company #5 or its successor shall have the right to sell the property at any time it chooses without being bound by the lease.
[Any modifications, use of, what will be housed and who will no longer reside with the Presston VFD, even if "Substation" as used above is approved. We would no longer be anything, it would now be the property of Stowe FD who have not contributed anything to the building of or maintaining the bricks and mortar]

6. The Presston Hose Club or its successor shall be entitled to make donations to the Stowe Township Volunteer Fire Department that are specifically earmarked for, or that represent actual purchases made for the Presston Substation. If direct purchases are made, such as jackets, anything purchased must conform with the standards that have been set by the Stowe Township Volunteer Fire Department.
[Question would be how do we fundraise for the building and such. Also, we operate a social club which provides for the Fire Department. . .How would the members of the Presston VFD receive benefits from this? As you can read, they would take the money but it would be spent as the Stowe FD wants to use it]

7. The relief money will first be used to pay for secondary compensation insurance. Any remaining balance of the relief money shall be held by the Relief Association and used for the benefit of all members of the Stowe Township Volunteer Fire Department.
[Naturally, this is State Law. We've been removed from this the past 2 years]

8. Stowe Township shall continue to provide worker’s compensation insurance.
[Any Municipality would have too]

9. If the Presston Substation makes requests to the Stowe Township Fire Department for assistance with purchases it believes necessary to keep it as a fully functional fire station and believes it has been unreasonably denied, it shall have the right to appeal directly to the Stowe Township Commissioners. This appeal will be in writing and delivered to the Stowe Township Secretary, with notice to the Fire Chief. The Stowe Township Commissioners will consider and respond to the request at its next regularly scheduled meeting, and will provide its response in writing. If the Presston Substation believes the Commissioners have denied its request in an arbitrary and capricious manner, it may request an effort be made to resolve the dispute by going to mediation and the parties will attend mediation. Absent a mutual agreement to the contrary, mediation will be held by Ann l. Begler. The Township will pay the cost of mediation.
[A process of appeal which hasn't been favorable for us over the past 2 years. The wording Substation again, which is already determined Presston VFD is gone as the equipment is transferred and the engine room is leased, what do we have left? Our ability to decide to go elsewhere in the future would have been lost]

10. The current President of Presston, or his designee, shall, effective January 1, 2010, be designated as a member of the Executive Board of Directors of both the Relief Association and the Stowe Township Volunteer Fire Department. Effective January 1, 2010, the current President and Treasurer of Presston Substation shall be designated members of the finance committee of the Stowe Township Volunteer Fire Department. These shall be in effect at least through the Department elections in November 2010.
[1 year concession which we are still out voted 2 to 1 in the future]

11. The current fire chief of the Presston Substation shall, effective January 1, 2010, shall be designated an assistant fire chief to the Fire Chief of the Fire Department. The current captain and two lieutenants at Presston shall remain in their respective positions. Their positions and that of assistant fire chief shall be in effect at least through the department elections in November 2010.
[1 year concession which we are still out voted 2 to 1 in the future]

12. Presston shall retain all assets it owns, other than the fire engines, fire fighting equipment and apparatus. The funds being retained by Presston shall be used for to address the mortgage, legal fees, required transfers and maintenance or improvement of the building. Presston will provide, on or before January 30, 2010, Stowe’s counsel with a copy of its regularly kept financial overview for the year ending December 31, 2009. Any cash assets that, as of December 31, 2009, exceeded $60,000 will be transferred to the Stowe Township Volunteer Fire Department.
[At first they wanted all the money transferred. . .We have legal bills, mortgages, maintenance on the fire station, etc, this was agreed to how to handle the money in our investments. (as a side note: we had nearly $90k invested prior to acquiring $38k in expenses this past 2 years remaining open. A fight our membership believes in providing for the Presston Community as an ideological difference exists]

13. The parties shall not disparage each other.
[All information provided is factual and can be reproduced]

14. This agreement shall become effective on January 1, 2010 unless it has been revoked by Presston on or before December 30, 2009. To be an effective revocation, notice of revocation must be in writing, hard copy, directed and delivered to John Rushford, Esq., Counsel for Stowe, at his office located at 1001 Ardmore Blvd, Suite 100, Pittsburgh, PA 15221. The mediator will retain this Memorandum until receipt of directions from counsel for the parties. If there is a valid revocation counsel for the parties will meet no later than January 15, 2010 and will develop a plan for determining next steps.
[The membership of the Presston VFD has chosen a merger with the other 2 companies is not in the best interest of our department. We have built a relationship with our community, residents and businesses, and our neighbors McKees Rocks VFD. McKees Rocks has recognized us to provide fire service to their community along with the McKees Rocks VFD. Both companies would continue to operate as we have with one another. McKees Rocks Council recognizes they can double their fire service for their people for a little extra cost where as Stowe Twp is deciding we are not needed. Actually, there has never been a vote to remove the Presston VFD from providing service as the timeline shows above. Our correspondence indicates our membership does not agree to the terms of the mediation where as we would give ownership of everything into the total control of the other two companies.]

15. Presston will settle and discontinue the pending case on or before December 21, 2009. The parties mutually release each other from any and all claims, disputes, damages they have or may have had as of the date of this Memorandum. It is the intention of the parties that the terms of this Memorandum be legally binding and it shall bind all heirs or successors.
[Case was dismissed by us as we finally got the two to a table to identify what it was they were looking for in a consolidated "substation" they've been referring us as]

In closing: For not wanting to merge with the other two departments, was this enough reason to close our station? What is the underlining issue with us remaining a fire station and the other two combining? The answer may be a pride issue. All departments deep in heritage and tradition don't want to be the next department in our township to close. There's always been a sense of competition to be the best of the 3 departments. This motivation was the catalyst in not becoming complacent, it drove us to be the best we can be. We didn't seek this consolidation and do not agree all 3 need to be into 1 fire department. We have no issue with the other two merging, let us continue as we have and don't remove our funding from the township and relief association as they have these past two years.

Other topics:
1. Financials from the two departments. They never released to the public. It has been researched and found income tax returns on line where as $0.00 in assets. Twp in 2005, paid $20,000 to free and clear engine prior to sale to Denver Colorado Company. After the township paid to refurbish the engine in previous years before they sold it. Twp in 2006 paid $50,000 for first engine payment. Fire Dept tool a lease to own loan of $550,000 for 10 year balloon payment. (all this is resolutions, public record, twp files)

2. Stating $700,000 in debt was an estimated value on my behalf as no financials were given. $550,000 lease, Guess $285,000 for other engine purchased. Did not know they had another loan they consolidated. None the less, It didn't matter to us until they came after us as and cast the first stone.

3. Relief Association funding and investments we were part of was hi-jacked from us and we incurred cost of insurances and unable to use for personal protection. I'm still waiting to see the audit result to see where it stands in comparison to us being removed.

4. Stronger more solvent fire dept??? Best wishes on your venture, I only hope you become all you can. Why close us in the process? If it's not about money, and we have equipment of 2 pumpers and 25 firefighters why remove us? We concur about a better fire department, our township went 2 years without a ladder truck as we were never consulted, it just happened!