2016 Proposed PSATS Resolutions

Transcription

1 2016 Proposed PSATS Resolutions The following resolutions will be considered by the membership at the PSATS Annual Educational Conference and Trade Show. The Resolutions Committee s action is noted next to each resolution RESOLVED, That PSATS seek legislation to amend Section 9023(c) of Title 75 (Vehicle Code) of the Pennsylvania Consolidated Statutes to increase the prevailing wage threshold for dirt, gravel, and lowvolume road projects from $25,000 to $100,000 by expanding the term locally funded to include dirt, gravel, and low-volume road grant funding provided under Section 9106 of Title 75 (Vehicle Code). CRAWFORD COUNTY RESOLVED, That PSATS seek legislation to amend the Second Class Township Code to clarify that townships may enact and enforce ordinances to govern and regulate the planning, management, implementation, construction, and maintenance of stormwater facilities and to authorize townships to assess reasonable and uniform fees based in whole or in part on the characteristics of the property benefited by stormwater facilities, systems, and management plans. ALLEGHENY COUNTY RESOLVED, That PSATS seek legislation to amend Chapter 102 of Title 25 (Environmental Protection) of the Pennsylvania Code to account for low-impact land use changes (such as changing agriculture fields to athletic fields) to reduce the engineering and permit requirements needed for such changes RESOLVED, That PSATS seek legislation to amend Chapter 102 of Title 25 (Environmental Protection) of the Pennsylvania Code to increase from one acre to five acres the amount of acreage that can be disturbed before a National Pollutant Discharge Elimination System permit is needed RESOLVED, That PSATS seek legislation to amend Chapter 102 of Title 25 (Environmental Protection) of the Pennsylvania Code to simplify the National Pollutant Discharge Elimination System permit application for single lots RESOLVED, That PSATS seek legislation to create a state program to fund capital improvement projects (such as roads, bridges, and sidewalks) that is similar to the Pennsylvania Infrastructure Investment Authority (PENNVEST) for clean-water projects. CHESTER AND BUCKS COUNTIES RESOLVED, That PSATS seek legislation to amend Section (1)(10) of the Local Tax Enabling Act to authorize all municipalities to levy and collect a tax on admissions to motion pictures RESOLVED, that PSATS seek federal legislation to amend the Affordable Care Act to repeal the Cadillac Tax on health care plans or, alternatively, seek an amendment to exempt local governments from such a tax. BUCKS, CHESTER, AND MONTGOMERY COUNTIES 1

2 16-09 RESOLVED, That PSATS seek federal and state legislation to authorize lower cost options (to include reimbursements) for townships to provide health care coverage for their employees RESOLVED, That PSATS seek legislation to amend Section 509(d) of the Municipalities Planning Code to prohibit the use of bonds as a permitted form of financial security for the implementation of improvements that are required by an approved subdivision and/or land development plan RESOLVED, That PSATS seek legislation to amend Section 902(a) of the Second Class Township Code to increase the elected auditors compensation from $10 an hour to $13 an hour, AND FURTHER, provide that the auditors compensation be adjusted every three years based on the Consumer Price Index. BERKS COUNTY OPPOSE Reason for Action: The committee decided to combine language from the two resolutions that address auditors compensation into an alternative version, Resolution RESOLVED, That PSATS seek legislation to amend Section 902 of the Second Class Township Code to increase the hourly pay rate for elected auditors annually consistent with changes in the Consumer Price Index. CLINTON COUNTY OPPOSE Reason for Action: The committee decided to combine language from the two resolutions that addressed auditors compensation into an alternative version, Resolution RESOLVED, That PSATS seek legislation to amend Section 902(a) of the Second Class Township Code to increase the elected auditors compensation from $10 per hour to $13 per hour, make a proportional adjustment in the total compensation allowed, and increase the allowable rates annually consistent with the changes in the Consumer Price Index RESOLVED, That PSATS seek legislation to amend Section 3102(a) of the Second Class Township Code to authorize the board of supervisors to award contracts to one of the three lowest responsible bidders, provided that it is in the township s best interest and the bidder meets all of the following criteria: 1. Such bid must be within 10 percent of the lowest bidder; 2. Such bidder must be responsive and responsible; and 3. All purchasing and contracting requirements have been met. WASHINGTON COUNTY RESOLVED, That PSATS seek legislation to amend Section 3102(i) of the Second Class Township Code and Section 1103(f) of Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes to increase the threshold from $500 to $3,000 that can be paid to an elected or appointed township official or township employee who is interested to any appreciable degree, either directly or indirectly, in any contract for the sale or furnishing of any supplies or materials for the use of the township or for any work to be done for the township in any year unless the contract is awarded through the public bid process. WAYNE COUNTY NO ACTION Reason for Action: The committee felt that it did not have enough information to take a position on this resolution. 2

3 16-16 RESOLVED, That PSATS seek legislation to amend Act 93 of 1994 to require insurance companies to reimburse volunteer fire companies for any expenses incurred before a claim is paid to the named insured. NO ACTION Reason for Action: The committee felt that it did not have enough information to take a position on this resolution RESOLVED, That PSATS seek legislation to study the true cost of fire protection provided by volunteer departments, including the taxpayer funds saved per year due to such volunteer service, and use the results of the study to make recommendations to expand the size and scope of the taxes collected and distributed under the Foreign Fire Insurance Tax Distribution Law. YORK COUNTY NO ACTION Reason for Action: The committee proposed an alternative to this resolution, Resolution 16-18, which focuses on the requested study RESOLVED, That PSATS seek legislation to require that a study be conducted to evaluate the true cost of fire protection provided by volunteer fire departments, including the amount of potential taxpayer funding that is saved annually due to the volunteer service that is provided RESOLVED, That PSATS seek legislation to amend the Forest Reserves Municipal Financial Relief Law (Act 591 of 1929, as amended) to increase the amount of annual payments in lieu of taxes for state-owned land from $1.20 to $1.80 per acre for school districts, counties, and municipalities. CLINTON COUNTY RESOLVED, That PSATS seek legislation to amend Section 4702(b) of Title 75 (Transportation) of the Pennsylvania Consolidated Statutes to reduce the number of inspections required from twice per year to once per year for township-owned commercial motor vehicles that are driven less than 4,000 miles annually. LYCOMING COUNTY RESOLVED, That PSATS seek legislation to require the state Department of Transportation to notify and provide surrounding municipalities with the first opportunity to accept or decline asphalt millings from reclaimed state highways. UNION COUNTY RESOLVED, that PSATS urge the state Department of Transportation s Technical Leadership Division to expedite work done by their Materials and Testing Lab to approve the materials and equipment related to salt brine used by municipalities to qualify these uses and expenses for payment with liquid fuels funds. BUCKS, CHESTER, AND MONTGOMERY COUNTIES RESOLVED, That PSATS protect its members interests by combating the state Department of Transportation s Highway Occupancy Permit Policy that requires municipalities to sign highway occupancy permits as co-permittees for new developments, AND FURTHER, such actions should include litigation to stop PennDOT from using the policy to refuse to issue HOPs to developers unless the municipality signs as a co-permittee. BEDFORD COUNTY 3

4 16-24 RESOLVED, That PSATS seek legislation to require the state Department of Transportation and/or the state Game Commission to promptly remove all deer carcasses from all state and local roadways after notification of their existence, AND FURTHER, that PennDOT and/or the Game Commission establish a toll-free number for reporting deer carcasses and promote this number to the public. HUNTINGDON COUNTY OPPOSE Reason for Action: The committee voted to adopt an alternative version, Resolution 16-25, in which it deleted reference to PennDOT RESOLVED, That PSATS seek legislation to require the state Game Commission to promptly remove all deer carcasses from all state and local roadwayss after notification of their existence, AND FURTHER, that the Game Commission establish a toll-free number for reporting deer carcasses and promote this number to the public RESOLVED, that PSATS urge the Pennsylvania Public Utility Commission to require that all utilities reduce their fuel surcharges, which were implemented when fuel was close to $4 per gallon, to reflect current fuel costs RESOLVED, that PSATS oppose the Pennsylvania Public Utility Commission s practice of issuing certificates of public convenience to Distributed Antenna System (DAS) providers, thereby granting them public utility status with access to rights of way and the use of eminent domain. The Resolutions Committee also reviewed a number of existing resolutions scheduled to expire and voted to reintroduce the following, Resolutions through RESOLVED, That PSATS oppose efforts by the U.S. Environmental Protection Agency that would require the state Department of Environmental Protection to include as part of a township s municipal stormwater management system any private land over which stormwater flows RESOLVED, That PSATS oppose efforts by the U.S. Environmental Protection Agency to require that all municipalities, regardless of how small, be mandated to obtain a National Pollutant Discharge Elimination System permit for their municipal stormwater management systems RESOLVED, That PSATS oppose any federal or state legislation that would directly or indirectly authorize any entity to use local government property, including rights of way, without compensation at fair market value, AND FURTHER, that PSATS oppose any federal or state legislation that would preempt local government control and management over local rights of way RESOLVED, That PSATS oppose actions or policies of the commonwealth and its departments and agencies that would transfer the cost of service responsibilities to municipalities (such as PennDOT s stormwater facility maintenance and bicycle lane maintenance policies) RESOLVED, That PSATS oppose any legislation that would restrict the authority of municipalities to establish Uniform Construction Code inspection fees and negotiate with third-party inspectors. 4

5 16-33 RESOLVED, That PSATS oppose any legislation that would create a statewide boundary change commission to determine local government boundary line changes without voter approval RESOLVED, That PSATS oppose any legislation that would establish the county as the basic level of local government in Pennsylvania, with municipalities existing only under the jurisdiction of the county and having only those duties and responsibilities as determined by the county RESOLVED, That PSATS continue to support the voluntary merger or consolidation of local governments if the process is initiated at the local level and has the approval of the majority of the residents of all affected municipalities by referendum RESOLVED, That PSATS seek legislation to require the state Department of Transportation to be responsible for all stormwater drainage facilities located within state-owned rights of way or to authorize the department to enter directly into agreements with developers and property owners for the maintenance of those facilities, AND FURTHER, to prohibit the department from attempting to require municipalities to enter into such agreements on behalf of developers or property owners as a condition of a state highway occupancy permit RESOLVED, That PSATS and the National Association of Towns and Townships seek legislation to repeal the provisions of the Davis-Bacon Act RESOLVED, That PSATS seek legislation to amend the Pennsylvania Prevailing Wage Law (Act 442 of 1961) to require that wage determinations be based on the rate for comparable positions within the county in which the work will be completed or within the surrounding counties RESOLVED, That PSATS seek legislation to require the state Department of Transportation to return township roads to the condition that existed before being impacted by official or unofficial detours caused by state or federal construction projects, AND FURTHER, that the condition of township roads be certified before the start of such projects RESOLVED, That PSATS seek legislation to authorize the use of radar by township police departments RESOLVED, That PSATS seek legislation to authorize townships to collect a municipal services fee from the state and federal governments for all state and federal facilities located within the township boundaries to cover the costs of providing fire, ambulance, police, and emergency response services to those tax-exempt facilities. 5

6 16-42 RESOLVED, That PSATS seek legislation to amend the Volunteer Firemen s Relief Associations Act (Act 149 of 1968) to establish criteria consistent with the intent of the act that would allow volunteer fire departments to use fire relief funds for the recruitment and retention of firefighters, AND FURTHER, that the state fire commissioner determine whether a proposed use of relief funds meets the established criteria RESOLVED, That PSATS seek legislation to amend Section 3102(h) of the Second Class Township Code to include the term volunteer fire company, volunteer ambulance service, volunteer rescue squad, and any other volunteer emergency services organization to allow a township to buy used equipment and other personal property from these entities without going through the bidding process RESOLVED, That PSATS seek legislation to amend the Sewage Facilities Act (Act 537 of 1965) to prohibit the state Department of Environmental Protection from approving permits for public sewer extensions into areas of a municipality not planned for public sewer, provided that the municipality s Act 537 plan has been updated within the last 10 years or the municipality is in the process of updating its Act 537 plan. 6