Emmitsburg Dispatch
  Vol. V, No.23
News and Opinion in the service of Truth
December 7, 2006  
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'Taxation without (accurate) computation?'
Municipalities, tax bureau dig-in over tax dispute


By William Reinke
Contributing Writer


SOUTH ADAMS COUNTY, Pa. – In response to the misallocation of $1.85 million in tax revenue by the now-defunct Adams County Earned Income Tax Collection Agency, the York Adams Tax Bureau’s board of directors will meet on Jan. 29 regarding adoption of currently proposed repayment options.

The issue was first brought to the attention of Adams County municipalities and school districts in an Oct. 10 memo from the tax bureau transition committee.

Of concern are the earned income taxes distributed during the period from Feb. 1, 2005 to July 1, 2006, during which time ACEITCA alleges it overpaid 28 of the 29 municipalities and one school district.

Tax bureau tries to deal with its fiasco

The first repayment option proposed is to withhold the debt from the municipalities’ May 2007 distribution, which is generally about double the other quarterly distributions.

According to Carroll Valley Borough Manager David Hazlett, the borough (which has one of the highest repayment figures in the county at $144,320) would then receive a net check of “about five or six thousand dollars.”

The second plan calls for the debt to be satisfied in two equal withholdings in May of 2007 and 2008.

A third plan calls for the debt to be withheld from the municipalities’ delinquent tax distributions until December 2008 or the municipality’s obligation has been satisfied, whichever comes first.

If the entire debt isn’t repaid under this plan by the end of 2008, the municipality would then have to come up with the balance. ACEITCA Transition Committee member, Dr. Mark Sewell, has suggested this option may be a relatively painless way to satisfy the obligation since municipalities cannot really budget for this irregular stream of revenue.

According to the current proposal, if the YATB Board adopts these options, municipalities would have until March 2007 to indicate their repayment plan. If none is chosen, the second plan will be the default.

The issue, according to Fairfield Borough Solicitor Matthew Battersby stems from a miscalculation of how the tax revenues were allocated between the municipalities and area school districts.

Questions remain unanswered

However, according to Hazlett, the figures ACEITCA said it distributed does not reconcile with the receipts of the borough’s books.

Battersby summarized most of the municipalities’ sentiments. “If the numbers are justified and there was a mistake, then we can address it at that time, but not the way it’s been handled thus far.”

In spite of two meetings and multiple requests for additional information, most municipalities in Adams County feel they still do not have enough information to warrant giving back significant amounts of their constituents’ tax dollars.

“We still have more questions unanswered than answered,” said Hazlett.

Carroll Valley and Fairfield have not budgeted for any repayment in their 2007 budgets that will be approved this month.

Liberty Township has taken a proactive approach to address their alleged obligation of $44,066. They have reduced their police force from two full time officers to a full-timer and one part-timer.

Additionally, they have reduced their roads budget for 2007 by $9,000 and the township supervisor’s salaries by 57 percent. These steps, according to township Supervisor Peter Foscato, will allow them to repay their share in two installments, in May 2007 and May 2008.

Foscato stressed that Liberty is not any more comfortable with the numbers than any of the other municipalities, but recognized that they will likely owe something before the issue is resolved, and steps were taken by the township to be prepared.

Gettysburg Financial Director Ramona Overton said the borough hasn’t budgeted for the possible $118,951 bill in 2007, but they also haven’t accounted for the receipt of delinquent taxes either. She indicated that although “hundreds of thousands of dollars” in back taxes are owed the borough, there is no way to budget how much will actually be collected. The inevitable receipts of some of these monies, however, could be used to repay this obligation.

Several municipalities have indicated that their solicitor is in contact with other solicitors in the county to pursue collective legal channels if their clients feel their concerns are not adequately addressed.


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