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School district declines township fire tax; supervisors discuss legal options
Summary
The Northampton Area School District voted not to pay Lehigh Township's fire tax this year; the township says the tax ordinance includes tax-exempt properties and the solicitor advised the board to consider litigation, sending the matter to executive session.
Lehigh Township supervisors were told March 10 that the Northampton Area School District voted not to pay the township's fire tax this year, prompting the board to consider legal options.
"The District has decided to not pay the Fire Tax or provide the donation," Supervisor Jerry Pritchard told the board after attending the school board meeting. Pritchard said Lehigh Township included tax-exempt properties when it enacted the fire tax and reminded school officials the tax was intended to support fire equipment and services.
Attorney Backenstoe advised the supervisors that the district's decision could prompt litigation and recommended discussing the issue in Executive Session. "If there is a potential for litigation to happen as a result of this, the discussion needs to continue in Executive Session," he told the meeting.
The board did not take formal action in open session. In its public minutes the board recorded moving into Executive Session to address a personnel matter and "potential identifiable litigation," and then adjourning without further public votes.
Supervisor Jerry Pritchard described the district's refusal as stemming in part from legal advice the district received that it is not required to pay the tax; he said the township had previously included tax-exempt properties by policy. The solicitor noted that most other municipalities that levy a fire tax typically exclude tax-exempt real estate, but this board chose to include it.
There was no announcement of immediate legal filings. The board's next steps are to pursue discussion in Executive Session and determine whether to seek resolution through negotiation or litigation. No schedule for follow-up public action was announced at the meeting.
The matter was added to the agenda in New Business after a motion to do so earlier in the meeting, and public commenters raised questions about prior donations and whether previous payments would be credited toward the tax this year.
