ACBA Vice-President's Report: PSAB Annual Conference Update

The PSAB Annual Conference was held April 25-29 at the Lancaster Marriott.  I attended the Board of Directors meeting on the 25^th.  In that meeting, we discussed replacing the sign outside of the PSAB office in Harrisburg, which incorrectly reads Pennsylvania Boroughs Association.  A cost-effective solution was agreed upon, and WJ Strickler of New Oxford had provided the quotes.  It was suggested that we get other quotes, but I successfully lobbied in favor of Strickler handling the changes, as they had built the original sign and were familiar with the delicate materials involved.  After which, a vote was held and I was selected to serve on the PSAB Executive Committee as the Eastern Region At-Large representative of 35 counties, and serving all 916 member boroughs throughout the state, and will also serve on the PSAB Finance Committee.  It was also officially announced that my appointment to the Governor’s Rural Development Council was approved by Gov. Wolf.  In this capacity, I will work with all relevant representatives from several state departments to improve economic and agricultural opportunities for counties like ours across Pennsylvania.

During the Resolution & Policy Committee meeting, we reviewed the submitted legislation and recommendations of the Steering Committee, and those meeting approval went before the General Assembly for consideration and adoption.  There were 23 new resolutions in all.  2015-1 supported amendment to Act 164 of 2014 to exempt municipal employees from tax collector certification and continuing education requirements.  The motion was to oppose adoption, as it was determined that these requirements, which are funded by the individuals and not the municipalities, are essential considering the nature of the position.  2015-2 supported enabling legislation allowing active volunteer fire fighters to receive a tax credit equal to their Local Earned Income tax, which would help offset the financial costs of equipment and other costs paid by the individual associated with their service.  I argued in favor of this legislation after a motion was made to decline support, stating the number of volunteers across the state has dramatically decreased due to financial constraints.  The amount of taxes necessary for these credits would be a minimal loss to the municipalities and would promote increased participation of this vital infrastructure.  The motion to decline support passed; I was the only dissenter. I also expressed support towards 2015-12, legislation requiring municipalities with populations of 4000 or more to pay for PSP service or provide their own force.  With more and more municipalities, such as Red Lion, with greater population densities opting to ease budget concerns by relying on PSP service, we are creating a situation where increased PSP budgets will eventually increase state taxes to provide these services.  I believe we should keep those funds local by keeping our police services in these more urban areas under local control with local and regional police efforts.  The committee agreed and passed this resolution.  The discussion on our own ACBA 2014-2: Industrial Hemp Cultivation involved much debate, as two individuals opposed to the measure tried to make a motion to decline support just as I was making my motion to adopt.  After I gave a lengthy and informative presentation, the committee determined that my motion was entered first, and the resolution was accepted, with only the two original dissenters opposing.  Our resolution passed the General Assembly as well, with only the two original dissenters opposing that vote.

I was also asked to preside over the information session with Senators Daylin Leach and Mike Folmer discussing Medicinal Cannabis (Senate Bill 3).  There was a lot of great discussion, questions and commentary from individuals about their personal experiences.  At the General Assembly, a member of the R&P Steering Committee called upon the PSAB to allow me to draft a resolution in support of SB3, which has passed the Senate 40-7, but is currently being derailed by Rep. Matt Baker who chairs the House Health Committee and refuses to bring it to a vote.  There is significant support in the committee and House to pass the bill, and Gov. Wolf has pledged support to sign if it reaches his desk.  This bipartisan legislation would bring much needed reform to our state laws and allow patients and doctors to decide the best treatment options available for their ailments.  The US Congress, with Rep. Scott Perry in the lead, has promoted legislation preventing the federal authorities from interfering with state law implementation of medicinal cannabis programs.  No one person should have the power to derail the efforts of the majority of lawmakers and citizens, and there is a call to reform the rules of committees in the state Congress to take this power away from the committee chairs. I will be an active advocate for this necessary reform.

I have also been asked to consider running for 2^nd Vice-President of the PSAB at next year’s Annual Conference, as the candidates will be chosen from the Eastern Region.  I am very proud to serve Adams County in these capacities and will continue to safeguard the interests of The People I have been sent to represent.  Thank you for the opportunity.

David Bolton

McSherrystown Borough Councilor and Citizen

An Open Letter Addressing the 2014 McSherrystown Borough Budget, Tax and Sewer Rate Increases

"Steamroller Policy" enacted by "The Few"

The votes concerning the Tax and Sewer Rate Increases, and the passing of the 2014 Budget which contained revenues from both, were not unanimous, with Council member David Bolton opposing the tax increase, opposing the sewer rate increases as presented, and also opposing the overall budget, as it included funds from both of the previously mentioned items. 

It is also noteworthy that the replacement costs of the municipal building roof went from $30K (when first discussed at the previous meeting), to $50K-$70K as presented at this meeting, without a single educated quote from any contractors as to the estimated amount it will cost the Borough to have the work done. 

It is also noteworthy that the items in the 5 Year Comp Plan, which were used as the reason for the tax increase, were already accounted for in the first draft of the budget, prior to the revenues from a tax increase being placed into said budget, as the Plan was already presented prior to the formation of the budget.

In addition, if the sewer upgrades are of dire importance (which they are), why did the Finance Chair recommend (and ultimately got approval for) the transfer of $58K from the Sewer Reserves to a "Misc Reserve" fund, replacing it with approximately $27K in NEW revenues from the proposed (and now passed) sewer rate increases?  (It will be noted that the Finance Chair was not present at the meeting to answer questions concerning or to pass the budget he proposed).

Also, why did the Council jettison the plan proposed by the Sewer Committee Chair for raising the funds for the sewer repairs, which would have adjusted the sewer rates to reflect the 2007 Hanover Borough rates (remaining less than Hanover's current rates), while not raising rates on lower-usage, fixed-income residents, and would have returned those rates back to current levels after 2-3 years of reserves to identify and repair the I&I issue?  This would have negated the need to raise the millage tax and would have placed the burden of expense on those who use the system the most, and would again safeguard those responsible citizens in the Borough who are already strained financially with fixed budgets of their own.

The "unfunded mandate" concerning the gas tanks was a new piece of the puzzle only first presented at this meeting, and were not a consideration when the discussion of budgetary matters occurred over the past few meetings, and there has been no documentation shown that says the State is mandating these upgrades at this time.

When Councilmember Bolton raised these questions and opposed the advertising of these new increases, a remark was made after the vote in General Session, "He's allowed to do that; that's his right".  Knowing that the measures would still pass with only one dissenting vote, this comment demonstrated an air of smug arrogance towards any opinion differing from the "Establishment" leaders on Council.

At least we had one Council member in there questioning and opposing this "Steamroller Policy". Kudos to Councilman-Elect Doug Duvall and citizen Rick Groft for standing before Council and asking the tough questions, even if they didn't get the clearest or truest answers.  

One thing is certain; "The way we've always done it" will continue only as long as we have members of the Council that have "Always been there" to do it "The way it's always been done".  With a new member joining the Council next month, perhaps we have finally started to see a changing of the guard.  Hopefully, we will see an increase in the involvement of the public at these Council meetings.  Perhaps the heavy-handed governing of "The Few" will finally give way to a local government "For The People, By The People". 

David "Scotty" Bolton 

McSherrystown Borough Councilmember and Citizen

VP and Legislative Committee Chair, Adams County Boroughs Association

PA State Association of Boroughs Board of Directors-member

Adams County Transportation Planning Organization-member

Hanover Regional Economic Development Committee-member

Contact me with your concerns at:

councilmanbolton@gmail.com

717-634-8726

Higher Sewer Rates and Tax Increases...Here They Come!!!

**SPECIAL NOTICE: Due to a procedural error at our last meeting, the vote to advertise the budget was never formalized, because it was never officially stated that the motion carried...so there will be a "Special Meeting" on Wednesday, November 20th at 7pm to vote on advertising the budget. We will be conducting the remainder of business that night and the meeting scheduled for Nov. 27th will then be cancelled. Please make this change on your calendars!  DB 11/15/13

Thank you once again for taking the time to read my blog. I want to start today by thanking the good people of McSherrystown in their support of my re-election. I was at the polls all day, and had the chance to meet with many of you and discuss the various situations facing our community. Not a day goes by that someone doesn't mention how much we could use a leash law in our Borough, or how glad they are that someone is representing the "little guys" and defending their rights. It is true; I have faced some staunch opposition in my first two years on Council; from the proposed dog leash law, to my opposition of government infringement on your right to use the furniture you want on your private property, and my stance to bring voter referendum to our polls. Although I may have "lost" on each of these and other topics, I am filled with a sense of accomplishment in knowing that I have made the voice of The People heard, even if we were defeated by the long-standing figureheads with whom I serve. I will continue to serve YOU as the Vice-President of the Adams County Boroughs Association, the Legislative Committee Chair for Adams County to the PA State Association of Boroughs, on the Hanover Regional Economic Development Committee, and other assignments to come.

Today, however, I put any celebration aside, and am now ready to focus on the next four years of service to you.  It appears that the very figureheads I referenced above have specific plans for how our community government will be run during that time, and are opposed to implementing any suggestions that are not in-line with what "they" want for McSherrystown. I speak of the Municipal Budget for 2014.

I will be brief in my explanations of such, and as always, I am available to elaborate on anything that is not clear, for which I will back up my views with numbers and statistics, not opinion and personal fancy.

The first draft of the Municipal Budget allowed for a $28K deficit, of which I had addressed on Facebook previously (www.facebook.com/CouncilmanDavidBolton). In efforts to be a responsible steward of the community, I engaged on a week-long trek to find and eliminate any overspending to bring the budget to balance, as I had made it very clear that I would not vote in favor of any budget that is not so.  I am happy to report that the subsequent draft of the budget eliminates the "red", and I would like to thank Borough Manager Scott Cook and Secretary Luanne Boring for contacting the County Assessors, and for their investigation into the matter, which resulted in the discovery of additional revenues which were not accounted for in the first draft. These new numbers created a balanced budget, and as such, I will be supporting its adoption.

However, the reason for my blog today is not to gush over how good we, as administrators of the public trust, are doing a great job for The People, but to inform you of the instances of yesterday's Council meeting, and the subsequent recess to discuss the budget, followed by a re-convening of the stated meeting, in absence of the public or press, where the Council made motions to advertise not only the Budget, but also a change to the Tax Ordinance (with an increase of 1/2 mill for 2014) AND an increase in sewer rates within the same calendar year.

I will say this to begin: I do not want to increase any fiscal burdens on The People of McSherrystown unnecessarily, but I do recognize that our antiquated sewer system, which is well over 80 years old, is in dire need of repairs. These repairs are necessary if we are to provide adequate infrastructure to our community. The Council has been very frugal in their upkeep of this system, and with increased I&I each year (146% increase in 2011) contributing to the costs incurred by our residents beyond their actual water usage, it is imperative that we identify and mend the parts of our sewer system that create these increased costs, which will only become more of a burden the longer we ignore it. As such, I investigated the systems in place in our neighboring municipalities to fund such projects and devised a plan to generate the funds necessary for our system's improvements.

Currently, we have a two-tier system. A base rate of $35.60 for up to 4k gallons of usage per quarter, and then a $4.20 charge per 1k gallons thereafter. It was very important to me that we do not increase this base amount, as we have a large percentage of homes with fixed incomes and which do not generate a surplus of usage. We also have some very conservative homes that are conscientious of their usage. Therefore, I proposed two base rates: the first, being our current base rate, as a discounted base rate, so that these folks did not see an increase in their quarterly bills. The second tier base, which models that of Hanover Borough, would be set at 7k gallons for a flat rate of $54.00. Thereafter, the "per 1k gallon" cost would be set from $4.20 to $5.80 (which is $.95 less than Hanover Borough and in line with their 2007 rates, prior to their last increase). This rate would apply to usage up to 25k gallons, while the last tier would discount the "per 1k" rate to $5.70 (again, nearly a dollar less than Hanover Borough, from where our water comes and to where our waste goes). It is important to keep these rates competitive in order to attract new homeowners and businesses into our Borough, which will expand the tax base and lessen the tax burden on the individual (which is why I am so active in the Regional Economic Development Committee). These increased user rates would then fund our sewer repairs. The burden of the cost of the repairs would be on the shoulders of those who use the system the most, and would safe-guard our elderly and our conserving citizens. This plan would generate an estimated $80k to be used for this purpose, as the funds would be ear-marked to the Sewer Reserves account for the work to be done, which would include continuation of the camera work to identify sources of I&I, engineering fees to develop the plan of attack for the repairs, and of course the manpower and project costs to fix the system.

It was argued by a non-Council member in the meeting that he is "tired of hearing about a user-based fee. Yes, there are people with fixed incomes in town, but they should have to pay for the system also, regardless of how much they use. Are we going to strap the costs on a family with two or three kids that are already struggling just because they use more water?". My rebuttal was, "I AM one of those people you mention, and I would rather pay for it than to have someone on a fixed income give out more of their money, especially when they are keeping their usage to a minimum, which does not contribute to the wear and tear of the system as much as those who use more water."  Obviously, I lost the argument that we were undercutting our sewer rates and that we should follow my plan to generate revenues for the repairs, because the Council decided to increase the base rates from $35.60 to $42.40 on EVERYONE, while not increasing the "per 1k gallon" rate of $4.20 a single cent. This plan creates less than $9k in additional revenues and burdens those who have the least in our community. (In comparison, Conewago Township charges $.67 more per 1k gallon over 8k, and Hanover Borough charges $6.75 per 1k gallon over 7k gallons). So, how were we going to generate the remainder of the funds needed for the repairs?

It was suggested by the Finance Chairperson that, in addition to these sewer base-rate increases (which he proposed), we should raise our taxes in the Borough by .5 mills to generate the remaining funds, but not only for the sewer repairs, but to put more revenue into the General Fund for "other future endeavors". My argument was that if we were raising funds for the sewer repairs, then the sewer rates should generate those funds. However, those funds would be placed in sewer reserves and would not be accessible to the Finance Committee to fund the other "endeavors" without a full, public vote from the Council. Those "endeavors" were not specifically named at this time.

I was NOT the only current Council member to oppose this increase. If we do not have a current deficit, and we have an adequate amount of reserves currently, why do we need to raise taxes on EVERY property owner under the guise of sewer system repairs?  The funds to be raised by his proposal would generate roughly $70k-75k in new taxes that would NOT be specifically earmarked for anything in particular, although I was "re-assured" that monies would be placed into the sewer reserves for the repairs.

My apprehension to this idea is this: If these funds are not being raised and reserved for a specific purpose, with no restriction on what they can be used for, how can we be reassured that these funds will not be kept from their intended purpose of sewer system repairs?  An even larger question than that: What happens when we do need to raise taxes for a specific purpose in the future?

I believe that my proposal, whether you agree and want to call it a "user-fee" or not, is the most reliable and sensible plan to generate the funds needed for our sewer repairs. Once the repairs are completed, we can easily reduce the rates back down to a "maintenance" level, if you will.  However, what municipality has EVER reduced their tax rates, especially when they raised them under the guise of a repair project?

Our next meeting is Wednesday, November 27, the day before Thanksgiving. This will be the day that our leaders will vote on whether to raise your taxes and whether to burden our elderly and other responsible water users with increased base rates. If you have never been to a Council meeting, this is one that should start a trend for you. YOU have a say; YOU can stand before Council and tell them what you think.  I am out here voicing your concerns and defending those in the community that cannot defend themselves. I asked for your support in my re-election, and you gave generously. I now ask for your support in upholding my promise to represent each one of you in finding the best ways to make our community better for the future. The power of government lies in the hands of the governed. Let's join those hands.  PLEASE join me at that and all other meetings and make your voices heard!

Thank you.

For Liberty,

David "Scotty" Bolton
McSherrystown Borough Council and Citizen
717-634-8726
councilmanbolton@gmail.com

2012 Wrap-up and a Look Ahead to 2013

Welcome back, citizens and friends! I hope that everyone had a wonderful Christmas, a joyous holiday season and a great start to the New Year.  I have a few brief updates I wish to share with you concerning the matters involving your local government's activities over the past month.

Borough Budget and Taxes for the Coming Year

I am happy to report that I supported the 2013 budget, which passed unanimously, and is one of the few balanced budgets of the area municipalities without a tax increase for the fourth consecutive year. The 2013 balanced budget has $1,699,666 in revenues and expenditures.  With a millage of 3.1256, the owner of a home assessed at $100,000 will continue to pay $312.56 in municipal taxes.


The biggest "line item" to the budget is our Police Department, accounting for 24.1% of the total budget.  As reported in The Evening Sun, "One of the largest expenditures in the budget is for police protection at $410,704 for the four-man police department, which consists of a chief, sergeant and two patrolmen. In accordance with the contract, police wages were increased by 3.5 percent in 2013. McSherrystown's police had no salary increase in 2012.

For 2013, police salaries are set at $65,403 for the chief; $57,557 for the sergeant; 54,747 for one patrolman, $51,165 for the second patrolman. The budget also allows $19,000 for police overtime.  Another $3,500 is earmarked in Police Protection specifically for the salary of school crossing guards.

State mandated benefits for the police department are expected to cost a total of $110,982 in 2013, compared to the $101,688 spent for the same benefits in 2012. Benefits are also part of the police contract and are a non-negotiable item in the budget, said borough officials."

Let me first state that I believe our Police Department is second to none in protecting the people of McSherrystown, and in ideology, you cannot put a price on the safety of our citizens. That being said, the harsh reality is that this comfort comes with a price.  With estimations based on the increases to the benefits over the past year of $9,294 (+9.1%) and the salary increases of 3.5%, as well as upkeep, fuel and replacement of the vehicles and facilities, we will be faced with a minimum mandated increase of $18,862.38 in police protection expenditures for next year's budget. Some hard choices will have to be made in determining what our resources will support next year.  Will we accept a reduction in police coverage from our current force, will we look to consolidate or merge with another area department, or will we accept the inevitable tax increase that will be necessary to keep our current department intact?  These answers will ultimately come from the people of McSherrystown, should they choose to voice their opinions, lest they defer their rights and put the decision in the hands of the current Council. 

We must also realize that we have a debt to the Hanover Borough of $1,192,531 for upgrades to the public sewer system.  This agreement was penned by the Council in 2011, prior to my arrival.  McSherrystown paid $395,000 to Hanover in February 2012, and a payment of $132,000, which includes a 4% interest rate, is due in 2013.

This was a necessary expense due to the federal mandates regarding run-off concentrations into the Chesapeake Bay Watershed.  These mandates from the EPA and DEP, being greatly unfunded by the federal or state governments,  must be absorbed by the local taxpayers.  It should be noted that the next round of upgrades, which were originally projected to be needed in 10 years, are now estimated for consideration in 14 years, according to Ed Reed of the Hanover Borough.  Their foresight in the local needs due to growth and expansion will help us stave off the next round of upgrades for 4 more years, and I applaud their efforts.

Other large-item expenditures for 2013 are: 

Total administration - $206,556

     $58,870 for the borough supervisor's salary 

     $47,341 for the secretary/treasurer

     $9,768 for the wages of a part-time clerk/typist. 

Municipal buildings - $39,500

Fire Protection - $69,011 including $24,640 for the SAVES building fund project (Mortgage payments)

Zoning and Planning - $15,500

Highways - $188,437

Parks and Recreation - $22,250

Police Pensions - $59,882

Non-uniformed employee pensions - $65,650.

http://www.eveningsun.com/news/ci_22255611/mcsherystown-again-adopts-balanced-budget-no-tax-increase

Adams County Borough Association Representation

As some of you may already know, I have been elected by the ACBA to serve as the Vice-President for the coming year. The ACBA is a governmental group consisting of representatives from 13 boroughs including Abbottstown, Arendtsville, Bendersville, Biglerville, Bonneauville, Carroll Valley, East Berlin, Fairfield, Gettysburg, Littlestown, McSherrystown, New Oxford and York Springs.

My primary responsibilities will be to monitor state-level legislation via the Pennsylvania State Association of Boroughs and in coordination with our local representatives to the Capitol.  I have been asked to form and chair a Legislative Committee made up of elected officials from the various boroughs, and to review and recommend action on legislation that will affect the constituency of Adams County.  I will also be working to update the ACBA website to keep the citizens informed of our activities, in efforts to get more people involved with our local, county and state government dealings.

The Evening Sun reported, "There are about 6,500 unfunded state mandates that the municipalities are required to pay for despite having no state or federal funding coming in for those mandates," Bolton said. "If the state is mandating these things, they should be giving us at least some money to help pay for them. State mandates are a hardship on our local taxpayers."  One such mandate is the Prevailing Wage Law.

"According to the website www.commonwealthfoundation.org "Pennsylvania's Prevailing Wage Law was enacted in 1961 to protect construction workers from out-of-state competition, mandating that contractors pay the wages that 'prevail' in each region on all government construction projects more than $25,000. This limits the number of construction jobs in the state and forces state and local governments to unnecessarily spend more taxpayer money."
http://www.eveningsun.com/news/ci_22155017/mcsherrystown-councilman-eager-get-started-new-position?IADID=Search-www.eveningsun.com-www.eveningsun.com

I will say that I am not in favor of depending on the state or federal governments to fund our local activities.  However, I am opposed to them dictating what we must spend our money on without giving back some of the funds we send them in taxes each year to pay for those mandates.  This type of governmental regulation is exactly why I am so passionate about representing the people of McSherrystown at the county and state levels.  I believe if we are to take care of our matters at home, we must be able to retain our tax funds locally in lieu of sending them to the upper levels to be handed out to other areas of the state and country.  

One of the biggest travesties our local area faces currently is the Small Games of Chance Bill that will take effect in February.  This Law will limit the amount of community funds generated to support our local functions, such as SAVES, as well as contributions from local service and community organizations.  Without the ability to raise the necessary funds in our community, through our own choices of where to spend our own money, our local infrastructure will be drastically and detrimentally effected.  There are some in the state legislation who are pushing for a repeal of this Law, and I urge you to contact our local representatives at the state level to voice your concerns over this draconian infringement of your right to put your money back into your community!

Hanover Wastewater Treatment Plant Upgrades

I had the opportunity to tour the upgrades to the Hanover Wastewater Treatment Facility last month. I can say that they have done some great work, and I appreciate the explanations we received from Ed Reed, Hanover's Asst. Borough Manager.  The Evening Sun did a wonderful article on the tour, which included this quote..

"It's definitely a needed infrastructure and I think they planned it out well," McSherrystown Councilman David Bolton said after the tour.  "It's very impressive. They put a lot of money into this project. Everything looks great," Bolton said.

http://www.eveningsun.com/news/ci_22187499/wastewater-plant-improvements-good-environment-communit

Hanover Regional Economic Development Committee

I am happy to report that Shanna Terroso from the York/Adams Regional Smart Growth Coalition, was able to secure a private grant from the Realtor's Association to fund McSherrystown's and Conewago Township's participation in this endeavor for the coming year in full.  I have received a sample Resolution to present to Council at our meeting on the 9th of this month showing our commitment to this project, designed to identify our region's economic strengths and to promote them to businesses, in efforts to attract them to our area and ultimately creating jobs for our people.  I am very excited about working with leaders from both York and Adams County to boost the local economy.


Final Council Meeting of 2012

The final meeting saw a vote on the above-mentioned budget, a review of the costs to fix our street sweeper and the reserve capital for a "new" sweeper in a few years, the passing of the 2013 Tax Ordinances (maintained from the rates/charges from 2012), and several Resolutions for the various charges necessary for daily operations of the Borough (also noting there were no increases to these from 2012).

A review of the work done by USG on the Sanitary Sewer Maintenance (which I posted previously) saw all work completed and areas identified for future repairs.  Detailed information can be acquired from the Borough Office should you be interested.

As always, I am here to answer any questions you may have or address any concerns that affect your rights to life, liberty and the pursuit of happiness.  Please contact me anytime...I'm always around!  A happy and safe 2013 to you all.


David Bolton
McSherrystown Borough Councilman and citizen.