Maxatawny Township investigates allegations that confidential information was given to Kutztown Borough relating to treatment plant

Allegations surfaced that Maxatawny Township Supervisor Mel Fishburn disseminated confidential executive session information to Kutztown Borough relating to the treatment plant, according to Maxatawny Township Solicitor Jill Nagy.

In a statement to The Patriot on March 24, Fishburn wrote, I was overwhelmingly elected Supervisor by both Republicans and Democrats, I have not, nor would I, ever betray their trust. I welcome the Attorney Generals office to Maxatawny Township, follow the court proceedings and you will have a story.

According to Township Manager Justin Yaich, during the March 12 Maxatawny Board of Supervisors meeting, Supervisor Heath Wessner made a motion, seconded by Board Chairman Allen Leiby, to authorize the Solicitor to proceed as instructed with the Attorney General to protect the interest and the residents of Maxatawny Township, according to Yaich. Motion passed 2-1, with Fishburn voting no.

Yaich said he questioned Nagy if the dissemination of information to Kutztown compromises our position in dissolving the Saucony Creek Regional Authority agreements with the Borough.


Maxatawny Township Municipal Authority and Maxatawny Township filed a lawsuit in December stating that Kutztown Borough missed a contractual timeline regarding Saucony Creek Regional Authority (the new treatment plant in Maxatawny), and, therefore, the SCRA agreement has been waived by the Borough and Kutztown Municipal Authority, according to Nagy.

Then,, Kutztown Municipal Authority and Kutztown Borough countersued Maxatawny Township Municipal Authority and Maxatawny Township. Kutztown Borough also sued individual members including supervisors Allen Leiby, Heath Wessner and Melvin Fishburn and Municipal Authority members Michael Berger, Steve Wilson and Melvin Fishburn, according to Nagy. As of last week, the Berks County Court of Common Pleas dismissed the individual members from the suit.

The next meeting is the Municipal Authority meeting at 7:30 p.m. on Thursday, March 27, at the municipal building.

About the Author

Lisa Mitchell

Lisa Mitchell is the editor of The Kutztown Patriot and Managing Editor of Berks-Mont Newspapers. Reach the author at or follow Lisa on Twitter: @kutztownpatriot.