State House preparing a Raid of Farmland Preservation funding

Supporters of Farmland Preservation. Please take a moment to read this.

Neighbors,

Because of the predictability of a stable designated revenue stream, Pennsylvania has distinguished itself as a national leader in farmland preservation, having preserved more farms and more farmland than any other state in the country. As a member of the Lehigh Co. Farmland Preservation Board we receive updates of the ongoing process to resolve PA’s budget shortfall as it relates to the program.

The latest we’re hearing is that a revenue package being discussed in the House would not only raid the Agricultural Conservation Easement Purchase Fund (a dedicated stream of cigarette tax revenue) but could also retroactively take funding away from Counties that’s already been allocated in this and prior years. This is the only state funding source for preservation. 

In addition to targeting the dedicated revenue source, we have been warned the legislature is also targeting the fund balances. Prior to the August State Farmland Board meeting, there was a balance of approximately $58 Million of State funds. That includes funding from 2015, 2016 and 2017. Understanding why there is a fund balance is important. The State Board is permitted, by law, to spend those funds over three years. Since preserving a farm can take more than one years time the law was written to give Counties three years to spend state funds. While this makes it look like the money is a “surplus” or “just sitting there.” it’s not. That money in Lehigh Co. is allocated to farms ready to be preserved. The process just takes time. Again, once a farm is selected and an offer is made to a landowner it’s only the beginning of a long process that must be completed before the “check goes in the mail” so to speak. A typical transaction often includes an appraisal, title work, survey, agreement by lien holders, approval by the county and State, as well as time for the farmer, their family and advisors to fully consider this permanent decision. Frequently, it takes more than a year to complete the preservation of a single farm.

Remember, not only is all this money already allocated to farms Lehigh Co. we also have an extensive wait list. So in short, robbing this funding will mean less farms preserved over the next few years. This is extra concerning right now because of the current multi-year commitment from Lehigh Co. to fund our local municipal match program. All the work to secure local funding and planning done by local municipalities could be up-ended. Lower Mac has already and likely will continue to take advantage of the municipal match program. But that opportunity would be limited if the coffers are raided. This would directly hurt a lot of collective and collaborative efforts between Lehigh County and municipalities like Lower Mac, Upper Mac, Lower Milford and Upper Milford.

I wanted to get this information out ASAP. Moving forward, next week I will spearhead a letter writing campaign to state leaders asking them NOT to RAID preservation funding. This crisis has been largely self created through decades of mismanagement of the state budget. The state house returns to session on September 11. (yes they are taking a break in the middle of a budget crisis). During that time, they need to hear this is unacceptable. 

Sadly, raiding dedicated funding sources is unfortunately not a new scheme. As many of you know the state legislature has been doing this for years with the gas tax. (which of course was just increased) by dipping into it for now many purposes beyond from it’s original intent.

Stay tuned for more information on this and how you can help.

Thank you,
Ron
Lower Mac Commissioner.
Lehigh County Farmland Preservation Board.

The Kirby Farm in Lower Macungie Twp. was preserved this year in part with state funding. The same funding that has been targeted by the legislature to balance the budget.

 

Charlottesville.

Not as front and center in the broader conversation are that two state troopers died yesterday in Charlottesville. Their deaths are no more or less tragic than anyone else’s but the circumstances surrounding them ought to be discussed.
 

Lt. Cullen and Trooper Burke died yesterday while performing their jobs in response to White Nationalist scumbags who decided to interject themselves in a LOCAL issue. More specifically, a LOCAL decision to relocate a statue ( important to note – built 60 years after the end of the civil war and during the height of Jim Crow laws) and rename a city park.

 
This group of mostly organized outsiders descended on a college town to agitate. They did so armed with chanting and torches. The outsiders were then predictably met with counter protesters. (Mostly local college students but also including out of town club wielding “antifa” members). Because of this catalyst and subsequent predictable chain of events – the town and state were forced to spend large sums of taxpayer money and dedicate resources including manpower to logistics and crowd control. While performing part of that duty two troopers died yesterday.
 
The city should have DENIED any permits for this event. While you have the 1st amendment right to be a scumbag in this nation, you do not have the first amendment right to command taxpayer resources for your protection because of the style in which you choose to express those rights. For example, when it includes an organized march, chanting and torches.
 
Apparently as early as Friday night demonstrations which included the white nationalists chanting “blood and soil” and “Jews will not replace us” were deemed by local law enforcement as unlawful assemblies. Bottom line is when a point is reached that the manner in which you choose to exercise your free speech becomes a public danger, then there is a public obligation to protect the community including the lives of the first responders. Whether on the fringes of the right (white nationalists) or the left (antifa for example) an organization that incites or promotes violence in public spaces should be labeled as domestic terrorists and prevented from organizing.

*Update
It appears the community did try to address the issue and move the rally prior to the event but a federal judge intervened. 
A federal judge on Friday granted an injunction allowing the far-right Unite the Right rally to be held in Emancipation Park in the shadow of the statue of Confederate Gen. Robert E. Lee.” This seems to me like an unfortunate interpretation of “fire in a movie theater“. Free speech does not include that which would be directed to and likely to incite imminent lawless action. (riots, violence) The moment this permit was granted that exact scenario became likely. 

Aug 3rd agenda preview – Lower Mac Board of Commissioners

FYI I’ve been very busy with work and new baby lately so this week since we have a very short agenda I decided to do the preview on facebook live. You can check it out here!

Hope folks find these previews useful. (FYI, you should not need a facebook account to access since my page is public). If anyone has trouble accessing let me know. As always any questions let me know at ronbeitler@gmail.com.

Here is the link to the agenda including details.

Topics include:

  • Proclamation for the retirement of Sharon Colson! (Happy Retirement!)
  • Intermunicipal liqour license transfer (Outback steak house)
  • Letter from Lehigh County Authority about stream monitoring
  • Manhole maintanance bid award
  • Update on proposed Cedar Crest and Minesite traffic signal (9:30)
  • Firefighter tax credits (10:30)
  • Dragonfly Ln.
  • Budget workshop schedule

No more subsidies for farmland development projects.

For the last few years, it’s been the philosophy of the current Board of Commissioners to not accept dedication of new public roads in neighborhoods built on farmland. The latest examples are the Stone Hill Meadows project and the proposed 17 lot estate plan over on the Farr Tract. The township is done taking on long term financial responsibilities for new infrastructure liabilities. The same goes for stormwater facilities.

Note: This doesn’t impact projects approved before last two years. Only new ones. If you live in a neighborhood built before this year and you have roads still maintained by the developer and the township is meant to take them over that’s still happening. This is only on new projects moving forward. 

New neighborhoods built on farmland must now have internal private roads maintained in perpetuity by newly formed resident HOA’s consisting of folks who buy homes in that neighborhood. This reflects the townships evolving smart growth philosophy. The township desires to guide new growth away from our remaining farmland and towards existing infrastructure and appropriate corridors where investments have already been made.

New subdivisions built on large parcels of farmland are no longer a desirable outcome in our township. Preservation is now the highest priority. Where we cannot preserve for whatever reason, developers must now take into consideration the full cost of maintaining roads themselves in perpetuity when figuring out financial considerations. Note: While we are no longer taking ownership of new roads, we are still requiring all new private roads be built to township engineering standards. We’re just finished with assuming new long term obligations.

Therefore in an effort to be entirely up front it’s important developers and landowners understand and account for this when considering due diligence for projects in Lower Mac.

The underlying rationale and basis for this viewpoint is the fact that new residential development costs us more in new liabilities than it produces in new tax revenue. When a subdivision is built the township gets new revenue. But the problem is with certain types of greenfield (built on farmland) projects – new costs always exceed new revenue. This includes items like road repair, sewer maintenance, and increased demand on public schools. Studies show a residential subdivision typically costs a community 1.30-1.40 in new liabilities for every 1.00 in new revenue. This is of course a losing transaction. The easiest way to address this at least in part is to refuse any new infrastructure we’re not under obligation to take.  And for the past year and moving forward we aren’t.

Further to this end I also want to explore ways we can ensure homebuyers considering units in new projects are informed of the responsibility they are entering into when they buy into a neighborhood with private infrastructure maintained by an HOA. That prime responsibility being the perpetual maintenance obligations of all new internal infrastructure. There are ways the township can accomplish this by requiring by ordinance notification during a purchase process. Realtors for whatever reason often don’t do a good job elaborating the long term maintenance obligations and new homeowners are caught flat footed.

To be clear, Lower Mac has a number of wonderful thriving and financially resilient HOA communities. Over the years many developers have proactively chosen HOA arrangements and sought private road networks for a host of reasons. This is especially prevalent in our fantastic over 55 communities. The overwhelming majority of which have rock solid long term finances and plan accordingly for the future to maintain their communities. One however in the past few years has made overtures to the township to “take over” their internal private road network. The answer from the township was of course no. Again, at this point in our growth evolution Lower Mac is finished taking new roads.

 

HB1285 would enable Lower Mac to completely eliminate residential property taxes

A currently proposed state constitutional amendment – in the form of HB1285 – would enable Lower Mac to completely eliminate residential property taxes for qualifying homestead properties.

Note: This is not the same issue as SB76 – School property tax elimination. That’s the Bill to completely eliminate school property taxes by shifting funding to increased sales and income taxes. That’s a separate conversation with unique and different pro’s and con’s. 

While SB76 addresses school taxes, it does not address any reform of local township taxes. To that end HB1285 would allow Lower Mac to expand our current reduction program and entirely eliminate municipal property taxes for residential homes in in the township. Therefore, in addition to SB76 I also support the constitutional amendment to expand the Homestead Exclusion.

If you recall, when I came into office one of the first major proposals I made was to institute the homestead exclusion. We did it to the max allowed over a two year phase in. The result was reducing and in some cases completely eliminating the township property tax for homeowners. 90% of residents over a two year timeframe got a reduction. HB1285 would allow the complete elimination. Something I would then immediately argue for should the amendment pass.

It is a long and tough process to amend the Pennsylvania Constitution. It takes a majority approval of two consecutive sessions of the General Assembly followed by an approval of the majority of voters. HB1285 has now been passed in two consecutive sessions, so I believe the next step is the voters. (I am confirming my understanding)

How would this work:
Currently, for some unknown reason the state Constitution only allows exclusion of 50% of the median assessed value of residential properties within the taxing district. Lower Mac has instituted that to the maximum currently allowed. While that has provided relief, it remains un-necessarily capped by the state. HB147 fixes that and amends the state Constitution to allow municipalities to entirely eliminate qualifying residential property taxes. Commercial and Industrial users including ultra impactful warehouses and also investment properties would still be subject to the townships very low property tax millage. (one of the lowest in the County)

This has been used successfully on the municipal end. With Lower Mac being a prime example. If this were to pass at the earliest possible point I would begin the budget conversations to eliminate residential property taxes entirely in Lower Macungie.

Here is a link to my original argument for initiating the homestead program originally. The program has been a success giving residents a needed break. While our taxes are already some of the lowest in the Lehigh Valley, we have to be aware of the cumulative impact including taxes from other governing bodies we can’t control. We must remember we don’t levy taxes in a vacuum.

Letter to state officials in support of stable farmland funding.

Lehigh County State Elected Officials,

I am writing to express my concern about the proposed budget in HB 218 and its impact on staffing levels at the Department of Agriculture’s Bureau of Farmland Preservation, which administers Pennsylvania’s farmland preservation program.

I trust you know how successful this program has been and how much the public supports it. Numerous surveys over the years have demonstrated broad support for farmland preservation, especially in regions like the Lehigh Valley where much farmland is being lost to development.

Under this program, Lehigh County has put together one of the top programs in the state, having preserved 281 farms over 22,000 acres. Statewide, more than 533,000 acres of farmland on 5,136 farms have been preserved, making Pennsylvania the nation’s leader in farmland preservation.. 

According to the Pennsylvania Farmland Preservation Association, an organization of all the county farmland preservation directors, HB 218 will likely cause layoffs to a Bureau staff that is already a barebones operation. The Association believes further staff reductions would render the Bureau unable to effectively administer the state’s preservation program.

Bureau staff provide essential services to the county. These include coordination of all the preservation deals and oversight of the stewardship of preserved farms, including guidance in legal defense and enforcement of preservation mechanisms. The bureau is invaluable to the county programs.

To be clear, I am not arguing for an increase in funding to the program, but rather for sustaining the current levels. I understand we’re in a time where relative to the state budget many programs are asked to do more with less. But further staff cuts will jeopardize the effectiveness of this highly popular and very successful program. Since the program intakes new farms each year the bureau already is doing more with less by default.  

State staff cuts today would come at a time when local municipalities in Lehigh County are getting ready to join the program with their own money. Under our newly created county-municipal match program, several townships, including Lower Macungie Township, are planning to contribute their own funds for preservation. In short, when we were asked to do more with less Lehigh County has enacted a program that does just that. As a region we’ve stepped to the plate. 

Lastly, I want to reiterate that Farmland preservation is not a special interest. It has been demonstrated time and again that it has broad community support across the entire spectrum of voters. Lehigh Valley residents understand that investments in farmland today pays dividends tomorrow. Accordingly, I appreciate your attention to this matter.

I’d be happy to discuss this issue with you. Specifically if you are unfamiliar with Lehigh County’s new municipal match program and how it has encouraged local municipalities to step up to the plate and contribute funds to preservation efforts and why consistent staffing at the farmland bureau is crucial to the programs continued success. 

Thank you.

Ron W. Beitler
Vice President – Lower Macungie Township Board of Commissioners
Treasurer – Lehigh County Agricultural Land Preservation Board

CC:
Rep. Gary Day
Rep. Ryan Mackenzie
Rep. Justin Simmons
Rep. Mike Schlossberg
Sen. Pat Browne
Sen. Lisa Bosola
Gov. Tom Wolf

 

Lower Mac to offer tax credits to volunteer firefighters

So much of what we can and can’t do at the township level is determined by rules set in place by Harrisburg. For that reason over the last 4 years we have taken an active role in advocating for helpful legislation in Harrisburg. We’ve done this on a number of occasions but I wanted to highlight one success story.

Last December Harrisburg enacted Act 172 which allows the township flexibility to give credits to volunteer firefighters. Lower Mac will be taking advantage of this starting next year by waiving 100% of municipal earned income taxes for volunteers. This also includes the ambulance core for those who qualify. Prior to last year this wasn’t an option.

Our advocacy for the enabling legislation began over a year ago when I asked our board to consider a resolution encouraging local state leaders to support the idea. So, we drafted approved and sent it away to our State Representative and Senator. Similar legislation was considered for years but never could get out the starting gate. So we felt it was important to let elected officials know just how important this was. After Lower Mac’s advocacy Ryan Mackenzie our State Rep. became a co-sponsor of a bill allowing the credit. And since then it has been signed by the Gov. and passed into law.

Starting next year LMFD firefighters who live in the township will benefit from this team effort.  It’s important we pursue these benefits as unfortunately volunteerism wains. in 1976, PA had a total of 300,000 volunteer firefighters.  Today, that number has dwindled to about 50,000. So, we must do everything we can to encourage the recruitment and retention of volunteers. For a volunteer making the median income the credit will put 300 dollars back into their pocket.

Bottom line:
Now this and other benefits alone of course aren’t the core reasons our volunteers do what they do. In the grand scheme I wish we could do even more. But little every bit helps. I’m convinced of that. And we’ll continue to do our part as much as we can. 
And in all areas where we see opportunities to advocate with the state for more flexible laws our Board will continue to do so. 

Things to remember when seeing for sale signs on cornfields….

I got a few concerned messages last week about a number of new very large “for sale” signs on major pieces of property in the township. Specifically a number of large cornfields.

There are couple things important to remember: 

1.) Official Map adopted.
First and most important, many of these properties including those on Lower Macungie Rd. and also at Brookside and Sauerkraut are designated on the now adopted township official map for preservation. Lower Macungie Official Map FAQ. Can’t stress enough how important this is. 

2.) We are communicating with landowners.
With every major property designated on the map, township staff has reached out to landowners in an effort to proactively begin conversations. In at least one case (Brookside and Sauerkraut) these conversations are productive and ongoing. A basic framework for preservation has been agreed upon. Below is a Morning Call article outlining the transferable development rights concept that could result in substantial preservation. Family of late developer Weiner helping Lower Macungie pursue farmland preservation, mixed-use village.

3.) Landowners have their property rights.
In all cases even with protections of the official map in place (the 1 year “pause button” on any development plans) landowners still have every right to market properties. In some cases this can actually “move the ball forward” since it helps determine market price. It’s not reason to think development is imminent.

4.) Township remains completely committed to preservation deals. 
What I have told everyone who reached out is that the township remains completely committed to preserving properties identified on the official map. I will say with confidence no stone will be left unturned as far as strategies to accomplish that. We’re taking the biggest swings we can take to get land preserved. All tools are in the toolbox. While some of these conversations are complicated and ongoing, in one case I am cautiously optimistic at this point.

5.) No more flexibility for greenfield developers. No waivers. No variances. 
When determining market value one thing landowners/developers must understand is that the township is no longer willing to grant regulatory flexibility to induce anymore growth. We’re well past the point where we see large tract subdivisions as desirable. A recent example would be the Farr Tract. In that case, we were asked to grant a development inducing text amendment that would have allowed 90+ units. The township denied that request. So now instead that property is moving forward with a plan for 17 estate lots. This was a huge win drastically reducing the impact of development.

In conclusion landowners have every right to develop properties, however large greenfield tracts must now be in strict compliance with the zoning ordinance. We will exercise our rights to deny plans that are not. This is a fundamental shift in philosophy over the last 4 years. With that being said, we are engaging landowners in preservation conversations. All tools to get the job done are in play. One thing is certain these things take time. I’m learned a lot of patience over the last 3 years.

The prior board did virtually nothing to prepare for warehouses they approved.

I wanted to share this since it demonstrates clearly the hole we were put in by prior boards. The chart below shows all the current truck restriction ordinances in Lower Macungie. As you can see all except one have been approved and instituted last 3 years since I came into office. Meaning, the prior board who was responsible for rezoning the Spring Creek Rd. area allowing for major proliferation of warehouses – did so virtually without laying any groundwork to prepare our road network. They literally left us high and totally dry forcing us to play a game of endless catch up once the new board was in place.

The current BOC adopted 18 truck ordinances over the last 3 years. The board who created the problems adopted one. Of course, as we know no matter how much signage we put up we’re learning that the enforcement burden is the next problem we were left with. 18 ordinances adopted and we are still treading water. The hole they dug us is very deep. I promise we will keep working at the problem.

Roadway restrictions.

Turning restrictions

Brake Retarder prohibitions
Parking restrictions

 

 

Lehigh County is not a “Sanctuary City”

Despite what you may have seen in a 2017 campaign mailer from a Lehigh County Executive candidate. . . No, Lehigh County is not and never was a “Sanctuary City”.

A sanctuary city is one that by virtue of different philosophical views of elected officials limits cooperation with federal efforts to enforce immigration laws. Or in the worse cases outright obstructs and stymies the work of immigration and customs enforcement (ICE). Key being an unwillingness to cooperate based on philosophical differences. Sanctuary cities are a problem that should be addressed. Lehigh County is not one.

The County cooperates fully with ICE within the parameters of the law. (the US constitution) There is no activism taking place on the part of county officials to obstruct or otherwise hinder immigration enforcement. That includes the current Democratic Executive or the Republican majority of the Board of Commissioners.

#ConstitutionALWAYS – The Bill of Rights matters!

Problems arise when detaining individuals without a warrant, due process, or a judicial order. Here, there was an issue where the county had what they believed to be a legal (not philosophical) issue. Aside from (what should be) the obvious constitutional matter, a few years ago Lehigh County detained a (turned out to be innocent) American citizen at the request of ICE and subsequently was suedThat lawsuit cost county taxpayers $95,000 in a settlement agreement. Could easily have been more. 

This problem is acknowledged by Sen. Pat Toomey. To that end, he’s proposed a fix to put the Feds, not localities, on the hook for detainees eliminating the potential for costly local lawsuits.  Toomey stated, “We need legislation to ensure local police are not subject to lawsuits for good-faith efforts to cooperate with federal law enforcement to remove dangerous criminals and terrorists from our streets,” That sort of lawsuit is exactly what happened in Lehigh County.

Again, in a sanctuary city, elected officials object to US immigration policy and actively seek to undermine it. This is not and never was the case in Lehigh County. Again, the County detained an American citizen under direction from ICE without due process, got sued for it settled and cost taxpayers almost 100k. After the costly debacle, they decided to address the problem by creating a policy to avoid wasting more taxpayer money on lawsuits of the same type.

Today, Lehigh County policy allows all 3 of these things to happen:
1.) Full good faith cooperation with federal immigration law.
2.) Constitutional due process observed
3.) Limiting the counties exposure to more lawsuits.

We don’t live in a society where an administration can make a phone call and have a suspect detained without due process. If the federal government wants to change the current practice then they need to change the law.

Certainly not helpful in this dialogue was a County Executive candidate muddling a complicated issue in an effort to score political points. In Lehigh County, everyone supports the good faith effort cooperating to enforce immigration laws. Creating a wedge where none exists is opportunism.

 

Garbage mailer.

Also no, Brad Osborne (or the entire board for that matter) did not undertake re-assessment for personal gain. That’s a silly thing to imply in this hit job. What happened was in 2012 the County Board of Commissioners implemented the county’s first reassessment in more than two decades. It was at the time very long overdue. Necessary for as long as we maintain a totally broken system where we fund schools with property taxes. (School Property taxes should be completely eliminated via SB76 which would make this whole issue moot)
Reassessments are done (and should be on a regular basis) to assign properties more accurate, updated values based on items like actual home sales. These values serve as the basis for real estate taxes. So it’s critical to get it right. If the process isn’t done on regular basis values become unfair. Some people pay too much and some pay too little. When the County reassessed essentially taxes went down for 55% of homeowners. And unfortunately up to 45%. The fact of the matter is the entire effort is to find the real values. The system is not at all perfect. But it becomes much worse when reassessments aren’t performed for decades at a time.
Re-assessment should be a non-partisan no-brainer. However, it’s important to point out the effort was led at the time by conservative Commissioner Scott Ott and supported by a conservative reform slate. There was bi-partisan support. The only wrangling that occurred was over when to do the exercise.
In conclusion, the entire mailer was basically garbage and very disappointing. I wrote about why candidates feel the need to “go negative” yesterday here.