Brooks Bash of Volunteer Firefighters Catches Attention of Washington Free Beacon

Like it or not, and I don't, Bob Brooks is the Democratic nominee for the Pa. 07 Congressional District, which includes Lehigh, Northampton, Carbon and a small part of Monroe County. Incumbent Republican Ryan Mackenzie, a Trump acolyte, lust know he's in trouble. But leave it to my party and the experts at the DCCC to pour in enough money to ensure that the shadiest of four Democrats has been proclaimed the party's standard bearer. Mackenzie is wasting no time in making sure that the entire Congressional district knows all about Brooks before November. He's getting some free help from the right-wing Washington Free Beacon, which purports to cover "the enemies of freedom the way the mainstream won't." 

The Beacon's Chuck Ross has some up with something I failed to cover during the primary, and that is Brooks' revulsion at professional firefighters who dare act as volunteer firefighters in their own communities. Ross points to angry social media posts from Brooks, calling them "scabs" and "shitbags." 

This country currently faces a severe decline in volunteer firefighters. The number of volunteers has declined about 25% over the past two decades, while emergency calls have increased 70%, particularly in the MidAtlantic.  The shortage is so serious that Lehigh and Northampton Counties both offer real estate tax rebates to volunteer firefighters. 

I understand that Brooks may have no issue with volunteer firefighters so long as they stay out of a municipality covered by a professional and unionized fire department. But does that make sense. The Lehigh Valley's three cities have all had major fires over the years during which volunteer firefighters from other municipalities assist. The most recent example of this is at an Easton hotel. Should a professional Easton or Bethlehem firefighter refuse to assist if he is also a volunteer at Plainfield's fire department and that company responds?  Should they just stand by and watch a building burn? 

Union solidarity is one thing. Public safety should trump it. 

NorCo Council Approves $250 Tax Break For Volunteer Firefighters and EMTs

At their Thursday night meeting, Northampton County Council adopted an ordinance that will give volunteer firefighters or employees (presumably unpaid) of an EMS nonprofit a rebate of up to $250 for county real estate taxes that have been paid that year by the volunteer or EMS employee.  It was sponsored by Council member Lori Vargo Heffner. It's a great way to show appreciation to volunteer firefighters, whose numbers are diminishing. Northampton County joins Cumberland and Lehigh County as the only three counties offering this incentive. 

This ordinance was supported by Heffner as well as Council members Tom Giovanni, John Cusick, Kerry Myers, Kevin Lott, Tara Zrinski and John Brown. Council member John Goffredo recused himself from the vote because he is himself a volunteer. He nevertheless interjected himself several times to argue ion favor of the tax break. He also voted for two amendments and against a Kerry Myers' motion  to table.   

Council member Ron Heckman was the Great Dissenter. 

There is a statutory basis for this proposal. In 2016, the state legislature authorized municipalities to offer a real estate or earned income tax credit to active volunteers for up to 20% on their tax liability. This tax break was enacted in Bethlehem Tp the following year. In 2020, the General Assembly authorized counties and school districts to offer this tax credit as well, even up to 100%. 

While there's certainly a statutory basis for this tax break, the real question is whether it is unconstitutional. 

Pennsylvania's Constitution includes a "uniformity clause" providing that "[a]ll taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws." Unlike other states with similar constitutional provisions, Pennsylvania courts have consistently interpreted this mandate very strictly. It was enacted in 1874 precisely to prevent state or municipal officials from giving preferential tax treatment to influential developers who line politicians' pockets with campaign contributions. 

This, of course, was completely unsatisfactory to special interests looking for LERTAs, TIFs and other real estate tax breaks. So the state constitution also includes some exceptions enacted in 1968.  These include churches, cemeteries, public properties, veterans' clubs and purely public charities. The exception also authorizes the state legislature to carve out exceptions for private forest and agricultural reserves and to create those special tax breaks for developers. It allows the state to create limited tax exemptions for the aged, infirm and disabled.  Disabled veterans are expressly exempt. 

I see no basis in the state constitution under which volunteer firefighters and EMS personnel are entitled to a tax break. This could be why Cumberland and Lehigh County were the only ones in the state to embrace this initiative.  

This point was raised by Executive Lamont McClure. He expressed concern that the ordinance as well as the enabling statute violate the uniformity clause's mandate that "roughly requires ... that everyone is taxed the same." He added that it's unknown how many people will be eligible or how much it will cost the county. He agreed the proposal "comes from the right place." He finally observed that the ordinance would give paid EMS employees a tax break so long as their employer is a nonprofit, and this would be "fundamentally unfair" to the paid EMS workers of a municipality.  

Council Solicitor Chris Spadoni said his "educated guess" is that the ordinance would survive a constitutional challenge. 

Vargo Heffner claimed there were 50 volunteer companies. Goffredo said there were 38, and later said there were 35. It is clear that no one on Council has any idea who is or is not eligible. 

So what?, you might ask. Who would dare challenge this in court? I suspect that paid EMTs or firefighters might have a problem with it. So might the municipalities that have paid fire departments. They already are subsidizing townships and boroughs who refuse to provide police protection, and now their citizens might be compelled to pay for eventual tax increases caused by this subsidy. 

Here's another question. How much is this going to cost the county? How many active volunteers are out there? How many of them own real estate?  Lori Vargo Heffner introduced a good idea but without getting some important data that might have an impact on the budget and revenue projections. It's good politics, but fiscally irresponsible.

I am surprised that Cusick and Zrinski, both of whom are running for Controller, would agree to this without having more data. So much for requiring accountability. 

County Tax Break For Volunteer Firefighters Deserved, But Needs Legal Scrutiny

At their Thursday night meeting, Northampton County Council introduced an ordinance that will give volunteer firefighters or employees (presumably unpaid) of an EMS nonprofit a rebate of up to $250 for county real estate taxes that have been paid that year by the volunteer or EMS employee.  It was suggested the previous day by Council member Lori Vargo Heffner. It's a great way to show appreciation to volunteer firefighters, whose numbers are diminishing. If adopted, Northampton County would join Cumberland County as the only two counties offering this incentive. As wonderful as this idea sounds, I think more study is warranted because the enabling statute could very well run afoul of our state constitution. 

There is a statutory basis for this proposal. In 2016, the state legislature authorized municipalities to offer a real estate or earned income tax credit to active volunteers for up to 20% on their tax liability. This tax break was enacted in Bethlehem Tp the following year. In 2020, the General Assembly authorized counties and school districts to offer this tax credit as well, even up to 100%. 

While there's certainly a statutory basis for this tax break, the real question is whether it is unconstitutional. 

Pennsylvania's Constitution includes a "uniformity clause" providing that "[a]ll taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws." Unlike other states with similar constitutional provisions, Pennsylvania courts have consistently interpreted this mandate very strictly. It was enacted in 1874 precisely to prevent state or municipal officials from giving preferential tax treatment to influential developers who line politicians' pockets with campaign contributions. 

This, of course, was completely unsatisfactory to special interests looking for LERTAs, TIFs and other real estate tax breaks. So the state constitution also includes some exceptions enacted in 1968.  These include churches, cemeteries, public properties, veterans' clubs and purely public charities. The exception also authorizes the state legislature to carve out exceptions for private forest and agricultural reserves and to create those special tax breaks for developers. It allows the state to create limited tax exemptions for the aged, infirm and disabled.  Disabled veterans are expressly exempt. 

I see no basis in the state constitution under which volunteer firefighters and EMS personnel are entitled to a tax break. This could be why Cumberland County is the only one in the state to embrace this initiative.  

This matter needs to be researched thoroughly, and it's unfair to expect Council Solicitor Chris Spadoni to have an answer in a matter of days. Given the strict interpretation given to the uniformity clause and the lack of a clear constitutional exception, this relief is questionable. 

So what?, you might ask. Who would dare challenge this in court? I suspect that paid firefighters might have a problem with it. So might the municipalities that have paid fire departments. They already are subsidizing townships and boroughs who refuse to provide police protection, and now their citizens might be compelled to pay for eventual tax increases caused by this subsidy. 

Here's another question. How much is this going to cost the county? How many active volunteers are out there? How many of them own real estate?  Lori Vargo Heffner introduced a good idea but without getting some important data that might have an impact on the budget and revenue projections. 

In Cumberland County, this measure reduced revenues by $47,124 this year. Cumberland has a population of 268,579. Northampton County has a census of 318,526. So it will cost a little more, assuming a commensurate number of firefighters. 

Finally, isn't this a slippery slope? What about teachers, nurses and cops? Back in 2007, when Lamont McClure was on County Council, he proposed an American Heroes Grant for combat veterans in Iraq, Ron Angle retorted sarcastically with the suggestion that there be a Greatest Generation Grant for WWII vets. These would be politically beneficial, but were unlawful. Former Exec John Stoffa vetoed this proposal, which had no basis at all in law or the constitution. That was a very unpopular thing to do. But that's how he rolled. 

Nancy Run Fire Co. Finishes Addition

After five years, Nancy Run Fire Co. has completed a 3,000 sq ft addition to its 10,000 sq ft facility, located at the intersection of Easton Avenue and 7th Street. The cost was about $1 million, and the Fire Company celebrated its new digs over the weekend with an open house that included State Senator Lisa Boscola.

First established in 1931, Nancy Run has been at its current location since 1960. Last year, it responded to 863 incidents.

Kids Love Hanover Firefighter Open House

The Noquil family gives Open House a thumbs up. Babylun and Jonathan, with children Jon, age 8, and Jian, age 2

These kids aren't so sure about Sparky

If the smiles on kids' faces were any indication, Hanover Township Volunteer Fire Company's (HTVFC) Open House, conducted under sunny skies on August 17, was a roaring success. Pulling their parents behind them, kids rushed to meet Sparky the Fire Dog, try their hand at the fire hose, and best of all, climb behind the wheels of a fire truck. Each kid was provided a fire helmet and a hot dog ... or two ... or three.

Known technically as Hanover Volunteer Fire Company No. 1 (there is no No. 2 or No. 3), this combination of volunteers and paid first responders protects a community of nearly 11,000 people from fires, as well as providing emergency medical service. From their station at 100 Stoke Park Rd, HTVFC responds annually to 350 fire calls and 850 EMS calls.

These kids love Sparky when he's closer to their size

A few years ago, one of those EMS calls was for Judge Emil Giordano. With his tall and athletic son Caden at his side, Judge Giordano stopped by to thank EMS provider Debbie Hughes. Then he began eating hot dogs, and instructed this reporter not to tell his wife.

Supervisor John N. Diacogiannis, who with fellow Supervisor Glenn Walbert attended the open house, was happy at the attendance. "It's great community outreach," he stated, and hopes the event will attract a few more volunteers.

One of the more exciting events was volunteer firefighter Pete Garland climbing the 85' high tower on a ladder truck, and than rappelling down. It drewng applause. Public Works Director Vince Milite boasted that he had earlier climbed up the rope, feet first. But he was unwilling to do so in front of a crowd because he did not want to show off.

Sarah Rizzo, age 7, is trained by firefighter Pat Smith on firefighting

"Where to?" asks Junior Firefighter Jack Garrity, age 3

Peter Garlach, a volunteer since '69, volunteers for hot dog grill

Judge Emil Girodano, with 7th grade son Caden, thanks EMS provider Debbie Hughes 

From 85' above, Pete Garland rappels his way down. 

Nicholas Tran and Tyler Schlach, both 4, waiting for a call

Bernard: Bethlehem Tp Firefighters Are Family

Comm'r Phil Bernard calls firefighters "family"

Nearly a year ago, David Woglom of Lafayette College's Meyner Center recommended a series of initiatives to improve communications between Bethlehem Township Commissioners and their two very different volunteer fire companies. His suggestions have begun to bear fruit, which was harvested at the June 3 meeting of the Township Board.

Two volunteer fire companies - Nancy Run and Bethlehem Township Volunteer Fire Company (BTVFC)- serve the Township. Woglom has called them "two halves of a whole, not two separate entities." BTVFC, for example, has a very active and financially successful EMS service. Both departments respond to more calls than any other volunteer fire departments in the County.

Commissioners unanimously adopted three recommendations made by a Fire Relations Committee, which consist of Fire Chiefs as well as Commissioners Marty Zawarski and Phil Bernard.

First, they will draft a policy that will provide complimentary family memberships at the Community Center to firefighters who take an active role. "It makes a lot of sense,"stated President Paul Weiss. Tom Nolan worried that this might open a "Pandora's box" for other volunteers seeking similar treatment. But Phil Bernard told firefighters, "I don't see you guys as volunteers. I see you as family that really make an impact on this community."

The two chiefs: Dave Stapinski (BTVFC) and Jamie Hauze (Nancy Run)

BTVFC Fire Chief Dave Stapinski described the memberships as an incentive that will attract new volunteers and reward those who respond to calls. "When Hurricane Sandy hit, I was out for 1 1/2 days and my family was home alone," he added.

The second recommendation approved by Commissioners was a five-year capital plan for vehicle purchases. "This way there's no surprises," noted President Paul Weiss. Both companies are eyeing four vehicles over the next five years, including the retirement of a ladder truck that is 25 years old. Chief Stapinski explained that it takes nearly a year just to prepare the specs, and after that, another seven months to build the truck.

Just one ladder truck is estimated to cost $1.1 million.

Finally, Commissioners agreed to spend $2,870 for a safety inspection on stretchers.

In other business, Commissioners entertained a sketch plan for a "We-Store" storage facility on Emrick Boulevard, proposed by developer Abe Atiyeh. Engineer Dave Harte described plans for three buildings, each of them 3-stories high, for storage. Unlike self-storage, items would be picked up by facility managers.

Commissioners had no concerns except for parking. "There's not a lot of parking there," noted President Paul Weiss. But Township Engineer Brian Dillman responded that a parking plan will be required before plan approval.

According to Harte, if things go smoothly, this storage facility could be operational this year.

Commissioners will meet again on Monday, June 17, 7 PM, at , at the Municipal Building, located at 4225 Easton Avenue.

Bethlehem Township Swears In a New Volunteer Firefighter

Volunteer Firefighter John Halleman IV

At a time in which it's getting increasingly more difficult to find volunteers, Bethlehem Township Volunteer Fire Co. has added a new firefighter to its rolls. At the August 6 Commissioners' meeting, the first thing president Paul Weiss did was administer the oath to John Halleman IV, age 32.

A 1997 Notre Dame High School graduate, Halleman's interest in firefighting was sparked by a distant relative. He and his wife, April, have been married a year and have just moved into the Township.

First formed by Civil Defense wardens in 1946, Bethlehem Township Volunteer Fire Company expanded last year with a new wing for a fleet that includes two pumpers, six advanced life support ambulances and a Medic 1 truck.

But with the expansion, there's some parking problems along the south side of Hamilton Street. Vehicles parked along that street, between Cypress and 8th Streets, are making it difficult to get equipment in and out of the bays. "It creates a safety issued, Township manager Howard Kutzler told Commissioners.

So in addition to swearing in a new volunteer, Commissioners unanimously agreed to advertise a new ordinance that will ban parking along that portion of Hamilton Street.