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State Can Help Ease Restrictions on County

Posted 08-11-1998

Earlier this month I had the opportunity to testify before the State Legislative Local Government Committee. State Representative Terry Van Horne of Lower Burrell, hosted the hearings in our county, and it provided a forum for citizens, local government officials, and folks like myself to share their concerns about how the Commonwealth regulates local and county governments. I am not sure the total number of people who testified, but the five legislators from the Local Government Committee heard from me on a broad range of issues.

I first spoke about the need to make changes to the County Code, the document that regulates how county governments operates. There are a number of sections that relate to the competitive bidding process and they need to reflect the challenges we have now with acquiring technological, patented, or copyrighted products. Also the posting of surety bonds and performance bonds, instituted to insure competitive bidding, may be having the opposite effect by deterring smaller firms from bidding on county business.

Maintenance contract bidding for equipment also presents a problem when bids may have to be awarded to firms that do not use manufacturer's replacement parts. We experienced this problem this year when we could have sent cars to Michigan to be refurbished with manufacturer's parts for about one-half the cost of a new car. This work would have given us years of life, and miles of service for the cars. But we were required to bid the work and there were potential bidders that would not have used manufacturer's parts and the quality would have suffered. Instead we bought several new cars at a higher price.

An area that I also presented was the area of taxation and how limited Westmoreland County is in generating revenue. Senate Bill 2 addressed only tax reform for school taxes and left out counties and municipal governments. The very inadequate legislation will likely cost the county money, because we must prepare homestead and farmstead property valuations for each of the county's 17 school districts without being able to utilize any alternative forms of taxation ourself. Also, school districts are limited to offering only a form of wage tax as the alternative to property taxes. My guess is that in our county, very few school districts will be able to offer any tax reform under this legislation. I suggested that counties be given the flexibility to offer real tax reform. Citizens really are concerned about their total property tax bill and if relief can come from county property taxes rather than school property taxes, at least it is some property tax relief.

Currently as a third class county, we only have the real property tax available to us. This year, property taxes will only generate 26% of the county's budget. Fourth through eighth class counties can levy per capita taxes and an occupation tax. I presented an idea that counties be allowed to share in the real estate transfer tax. The Commonwealth receives one percent, and school districts and municipalities each receive one-half of one percent. The county must collect the tax but receives none of the benefit. If we could receive one percent like the Commonwealth it could generate several million dollars a year for Westmoreland County.

Other areas I presented to the Committee were related to the number of solicitors the county code restricts us to employing. We are allowed one solicitor and three assistants. While county government has grown, we are limited, and inevitably must contract out much legal work. Also, while commissioners are to represent all management personnel in collective bargaining, recent court decisions clearly leave all hiring, firing, and supervision of employees of the courts and row offices to those elected officials. It can create problems when the courts want to implement one employee policy and we have another one in place.

The final issue I discussed was the 911 operation and how the surcharge, instituted to cover the cost of 911 operations, does not cover our costs here. In 1997, we subsidized 911 operations with roughly $750,000 from our General Fund. The $1.25 per line charge in our county would have needed to be $1.55 for us to avoid a subsidy. I suggested consideration of a surcharge on cellular phones and the possibility of counties presenting their case for an increased surcharge to the Public Utility Commission, only with an audited accounting system and a documented long range plan.

Hopefully, the legislators in attendance will digest my testimony, along with the other testimony presented and begin to work in Harrisburg to help allow county and local governments flexibility in dealing with the broad range of problems we face. If they do, we can better serve you and prepare county and local governments for the challenges of a new millennium.

 

 
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