Summary of FSRC Local Government Meeting
Borough Ordinances
Does council have any comprehensive plan to update and recodify borough ordinances, especially those related to public safety? If so, what would be the timeline?
Findings: Currently, council does not have a comprehensive plan or timeline to recodify borough ordinances.
Would the Ordinance Committee manage a recodification project?
Findings: The Ordinance Committee seems to be the appropriate body to manage recodification. Many others would have to be involved as well.
What recommended changes or amendments to the public safety ordinances would be favored by the Fire & Police Committee?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question.
What recommended changes or amendments to the public safety ordinances would be favored by other council members, other committees, and other borough officials such as the Emergency Management Coordinator, Code Enforcement team, Fire Chief?
Findings: Neither the Emergency Management Coordinator (Bill Heaton, also a sitting member of the Fire & Police Committee) nor the WMVFD Fire Chief (Lou Little, also the chair of the Fire & Police Committee) was present at the meeting to answer this specific question. Those present were unsure of what specific changes or amendments are needed, but all agreed that the borough’s ordinances do need to be updated, especially those concerning public safety.
Fire Service Agreement
Does any borough official or officer of the fire service know of and have access to a written service agreement between the Borough of West Mayfield and the West Mayfield Volunteer Fire Department?
Findings: No officer of the fire service was present at the meeting to answer this specific question. No official present was aware of any written service agreement between the Borough of West Mayfield and the West Mayfield Volunteer Fire Department.
As per a public records request, the Office of Borough Secretary/Treasurer has no documentation establishing or defining the current relationship between the Borough of West Mayfield and the West Mayfield Volunteer Fire Department.
Secretary-Treasurer Pat Lansberry stated, “As to any information that I have on the fire department, I am afraid that the only thing I have on record is what is found in our codified ordinances. Unfortunately when I took over the position of secretary from Mr. Joseph Orosz, I didn’t receive all of the records that I should have. I was given a filing cabinet with records and some old minutes books and that is all that I received. Some of the records that I had, I stored in the loft above the garage. At some point, Tommy Orosz, without authorization from anyone on council, decided to burn everything that was in the loft so any of my records that were in the loft were destroyed.” (Source: FSRC email correspondence, March 13, 2024)
If currently no written fire service agreement exists defining the legal terms, conditions, operational duties, and financial obligations of the working relationship between the municipality and the WMVFD, would the Solicitor recommend the drafting of such a contract?
Findings: The Solicitor was not present at the meeting to answer this specific question.
Mutual Aid Agreements
Has council vetted (read, reviewed, and approved) any specific mutual aid agreements created by or entered into by WMVFD and other municipal fire services?
Findings: No official present has ever read, reviewed, and approved any specific mutual aid agreements created by or entered into by WMVFD and other municipal fire services.
Are the Fire and Police and Finance & Litigation Committees aware of any such agreements?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. The chair of the Finance & Litigation Committee (Jason Heaton) and member Lou Little were not present at the meeting to answer this specific question. Committee member Janet Helbig stated that she was not aware of any mutual aid agreements coming before the committee.
Is the Solicitor aware of any such mutual aid agreements? If so, are these agreements legal and proper?
Findings: The Solicitor was not present at the meeting to answer this specific question.
Real Estate
Regarding borough owned property plot #57 (PARID: 520020116000) currently used as WMVFD’s rear parking lot, is there a lease agreement between the borough and the WMVFD?
Findings: No official present at the meeting had ever read, reviewed, and approved any lease agreement regarding this parcel of land.
At the time of this meeting, the FSRC had not yet made a public records request for this document. (Update: On June 22, 2024, a public records request was initiated.)
Fire Prevention Code
Has council taken any legislative action regarding the 2022 fire department and ISO insurance inspection recommendation to adopt an international fire code?
Findings: No official present at the meeting was aware of any action taken regarding the 2022 recommendation to adopt an international fire code.
Does the Fire & Police Committee work with the fire service provider to regularly review and update if necessary the borough’s Fire Prevention Code?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. No official present had any knowledge of such reviews, but it was generally agreed that these reviews should be conducted on a regular basis.
Currently, what fire prevention code is used by the borough’s code enforcement team?
Findings: The borough’s code and zoning enforcement team relies upon the UCC, borough ordinances, the Pa Borough Code (C.S. Title 8), and other applicable state statutes and regulations as related to fire prevention. Zoning Enforcement Officer Tina Lampus informed the committee that Borough Ordinance Chapter 1604 designates the American Insurance Association Fire Prevention Code (1970).
ISO Public Protection Classification
Does the borough require from the WMVFD or the insurance organization (Verisk) a current, complete, and unabridged copy of the ISO PPC report?
Findings: Council does not request to receive a true copy of the ISO PPC report provided to the WMVFD. No official present had ever seen this report. No one present recalled hearing a summary report of the ISO audit from the Fire & Police Committee (see March, April, October 2022 council meeting minutes).
Has the Fire & Police Committee ever reviewed and evaluated the ISO PPC report, communicated these findings to council, and offered corrective action plans to improve upon the report’s shortcomings and weaknesses?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. No official present recalls any discussion about a corrective action plan to improve upon the ISO report’s shortcomings and weaknesses.
Municipal Leadership, Authority, Oversight Duties
Council’s Fire & Police Committee
Is there a formal, written committee description that defines mission and scope, powers, duties, and obligations of the Fire & Police Committee?
Findings: Council does not have a written committee description that defines mission and scope, powers, duties, and obligations of the Fire & Police Committee. No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to comment on this question.
What are the qualifications of council members serving on the Fire & Police Committee, especially the chair?
Findings: Council does not have any stated qualifications for anyone serving on the Fire & Police Committee. No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to comment on this question.
What are the specific duties and responsibilities of the Fire & Police Committee chair?
Findings: Council does not have any defined specific duties and responsibilities of the Fire & Police Committee chair? No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to comment on this question.
Is it permissible for citizen representatives to serve on the Fire & Police Committee?
Findings: No official present opposed the idea of citizen representatives serving on the Fire & Police Committee. However, the Solicitor would have to provide legal counsel as to permissibility. No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to comment on this question.
Professional Reports & Confirmation of Public Safety Readiness
Does council have a written policy that sets forth requirements and expectations for monthly Fire & Police Committee reports?
Findings: Council does not have any written policy regarding requirements and expectations for monthly Fire & Police Committee reports. No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to comment on this question.
Beyond the ordinance requirement for a mandatory annual report of the Volunteer Fire Department to council, does council have a written policy that sets forth requirements and expectations for the annual fire department report?
Findings: Council does not have any written policy regarding requirements and expectations for annual fire department reports. No officer of the fire service was present at the meeting to comment on this question.
Does council have a written policy that sets forth requirements and expectations for monthly and annual Emergency Management reports?
Findings: Council does not have any written policy regarding requirements and expectations for monthly and annual Emergency Management reports. The Emergency Management Coordinator (Bill Heaton) was not present at the meeting to comment on this question.
Public Education & Communication
Is there any public record, such as motions, resolutions, or discussions in council meeting minutes that demonstrate council’s commitment to fire safety public education?
Findings: No official present is aware of any legislative initiatives or commitments to fire safety public education.
Does the borough have a designated public safety spokesperson or communications coordinator for such purposes?
Findings: There was general consensus that in times of emergency, the mayor, council president, and the Emergency Management Coordinator would speak on behalf of the borough. Kevin Farkas (borough website and social media administration) stated that no borough official has ever asked for administrative access (e.g., credentials) to the official website or Facebook page.
Confirmation of West Mayfield Special Fire Police
For those WMVFD members currently serving as special fire police, does the borough have a record of confirmation(s) by the current mayor or past mayors?
Findings: Mayor Cogley has never confirmed WMVFD special fire police officers. No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to comment on this question.
At the time of this meeting, the FSRC had not yet made a public records request for these documents or information. (Update: On June 22, 2024, a public records request was initiated.)
Budget & Finances
Budgeting Process
Appropriations
How does the borough assess, evaluate, and prioritize identified, need-based financial and in-kind support for our fire protection and fire service needs?
Findings: Council mostly relies on the advisement and financial data provided by the borough secretary-treasurer. Council does not have a budget committee, nor is there an appointed elected official to oversee the budget process. Neither the Finance & Litigation Committee chair (Jason Heaton) nor the borough secretary-treasurer (Pat Lansberry) was present at the meeting to comment on this question.
Does the Fire and Police Committee (or any other public safety representative in local government) work with other borough officials and/or the fire service to request a listing of needs based on documentary evidence (e.g., financial records, invoices, receipts, cost increase notices, inflationary projections) that help justify appropriations requests?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. No officers of the West Mayfield Volunteer Fire Department were present to comment on this question.
Does the borough budget section for “Public Safety-Fire” accurately categorize and account for (itemize) all fire prevention and fire protection needs?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. No officers of the West Mayfield Volunteer Fire Department were present to comment on this question. Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to comment on this question. No officials present at the meeting felt they had a sufficient understanding of the borough’s fire safety needs to answer this question.
The municipal budget does not itemize the cost of workers compensation insurance for volunteer fire department staff, which costs taxpayers about $7,000 per year (as noted in council meeting minutes, February 2022). Why is this specific support for the fire service not noted (itemized) in the Public Safety-Fire section of the budget?
Findings: Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to answer this specific question. FSRC noted that White Township does itemize its fire department workers compensation expenditure.
At the time of this meeting, the FSRC had not yet made a public records request for this document or information regarding annual spending for fire department workers compensation insurance. (Update: On June 22, 2024, a public records request was initiated to learn what this specific public safety-fire related cost has been to taxpayers for 2020, 2021, 2022, 2023, and 2024. Additionally, for these same years, we requested information regarding fire department workers compensation claims. Also, we requested a copy of teh 2024 roster of WMVFD members submitted to the borough’s insurance carrier(s) for fire department workers compensation insurance coverage.
Based on fire department reporting in the public record, the borough’s budgeted cash value of fuel provisioned in support of the fire department appears to be grossly and consistently miscalculated between 2020-2024. How can this be explained?
Findings: Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to answer this specific question. No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. No official present could offer an explanation for these figures. However, all agreed that council’s annual $150 budget allocation to the WMVFD for both diesel and gasoline fuel seems much too low and unrealistic.
Budget Construction
When do borough officials begin the process of deliberating and drafting the annual municipal budget?
Findings: For members of council, the process begins with the budget workshop in November of each year. Some felt that the borough should allow for at least 90 days to construct a budget, perhaps starting in September of each year if not sooner. Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to comment on this question.
Is there a budget committee that directs the borough secretary in drafting the annual municipal budget?
Findings: Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to answer this specific question. The chair of the Finance & Litigation Committee (Jason Heaton) was not present at the meeting to comment on this question. No official present was aware of any process by which council committees direct the borough-secretary in constructing the budget.
What role does the Finance & Litigation Committee play in formulating the budget?
Findings: The chair of the Finance & Litigation Committee (Jason Heaton) was not present at the meeting to answer this specific question. Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to comment on this question.
What role does the Fire & Police Committee play in formulating the public safety budget?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to comment on this question. No officers of the West Mayfield Volunteer Fire Department were present to comment on this question.
How are budget figures calculated (e.g., based on multi-year actual spending trends, documented needs, invoicing, contract agreements)?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to comment on this question. No officers of the West Mayfield Volunteer Fire Department were present to comment on this question. Officials at the meeting indicated that the use of multi-year actual spending data (e.g., a 3-5 year lookback) or fiscal trend analysis is not part of the budgeting process.
Where can actual spending data be found?
Findings: Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to answer this specific question. Some actual spending data can be found in the municipal annual financial audits (currently available up to 2022) and through monthly financial reports. However, both sources are not very specific, making it difficult to analyze and evaluate the accuracy of financial budgeting practices. Because actual data is not readily known, no officials present at the meeting had an understanding of the accuracy of budgeted vs actual amounts for Public Safety-Fire expenditures.
How can this fiscal data be made readily accessible to the public?
Findings: Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to answer this specific question.
Budget Forecasting
With respect to near and long-term future support for fire prevention and fire protection needs and trends, who is responsible for calculating these figures and conveying this information to council and the public?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. No officers of the West Mayfield Volunteer Fire Department were present to comment on this question. However, officials present at the meeting indicated that the public safety-fire budget must be based on demonstrated need and supporting documentation.
Should the Fire & Police Committee be tasked with this duty?
Findings: No representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to answer this specific question. Officials present at the meeting indicated that the Fire & Police Committee should be responsible for determining the borough’s public safety budget.
What role would the Finance & Litigation Committee play in preparing for these future budgetary needs?
Findings: Neither Finance & Litigation Committee chair Jason Heaton nor member Lou Little were present at the meeting to answer this specific question. However, committee member Janet Helbig was present and fully supported the idea of the Finance & Litigation Committee taking on central responsibility for the municipal budget process, working with the Fire & Police Committee to determine public safety needs. N representatives of the Fire & Police Committee (Lou Little, Bill Heaton, Jason Heaton) were present at the meeting to comment on this question. Borough Secretary-Treasurer Pat Lansberry was not present at the meeting to comment on this question.
Tax Base
Fire Tax
Given the current tax base of the borough, what would be the estimated revenue generated by various millage rates?
Findings: Tax Collector Kathy Brewer estimated that a millage fire tax based on current property values might generate the following amounts per year. She cautioned that there is a portion of property taxes that go uncollected, so any estimated revenue based on property tax rolls will be somewhat less than these amounts.
Fire Tax Millage Rate
⅓ mill = $5,706 est. annual revenue for fire protection
½ mill = $8,446
¾ mill = $12,970
1 mill = $17,293
What would be the estimated tax burden on residents and businesses for the above tax millages?
Findings: Tax Collector Kathy Brewer noted that this is a difficult question to answer. The notion of “burden” is quite subjective as everyone’s wealth status is different, and estimating tax burden on individuals depends on many factors, such as differing property values, number of properties owned in the borough, etc.
However, given the most current 2024 real estate data (e.g., total valuation of taxable properties, total number of taxable properties), residents might expect to pay between $24 – $121 per year to support a 1 mill fire tax–progressive amounts that for some residents would be far less expensive than the fixed monthly or annual “public safety capital fund” or “fire protection assessment” fees charged by some of our municipal neighbors.
Tax Credit Incentives
Would there be any appreciable impact upon the borough’s property tax base (revenue) if the borough were to implement a tax credit incentive program for members of the volunteer fire department?
Findings: Tax Collector Kathy Brewer suggested that were the borough to adopt such a tax incentive program as obligated by state statutes, there would be so few eligible volunteer firefighters that the tax burden on the borough would be insignificant.
End of Report
