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Whitehall commissioners approve Berkheimer as business-tax collector after heated debate

Whitehall Township Board of Commissioners · July 9, 2024
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Summary

After extended public comment and commissioner questioning about treasurer controls and evidence attachments, the board voted 5-1 to contract Berkheimer to collect the township's business-privilege and mercantile taxes; opponents said the township must tighten internal auditing and cross-check procedures first.

Whitehall Township commissioners voted 5-1 to appoint Berkheimer as the township's business-privilege and mercantile tax collector, concluding a nearly three-hour discussion in which commissioners and residents pressed for stronger internal controls in the treasurer's office.

The ordinance (Bill 25-2024) authorizes the township to accept Berkheimer's proposal for collecting business privilege taxes beginning with returns filed for calendar year 2024 and processed in 2025. Commissioners said Berkheimer would send returns to businesses and use enforcement tools the township lacks; board supporters said the vendor brings experience, collection software and legal resources that can identify businesses currently not paying.

Opponents, including Commissioner Ken Snyder (Speaker 2) and several residents who addressed the board, urged caution. They said the township's treasurer's office sometimes receives business-privilege returns without required state attachment forms and that Berkheimer's effectiveness depends on accurate internal records and a checklist procedure to cross‑reference permits and licenses.

"If a form is submitted without its state attachment, the treasurer must treat it as incomplete," Snyder said during debate, pressing staff to require proof of gross receipts and to strengthen acceptance procedures before outsourcing collections.

Township counsel (Speaker 11) and other supporters noted Berkheimer will require the appropriate state forms from taxpayers and can assist with audits and delinquent collections. A Berkheimer representative was not present at the meeting; the deputy mayor and staff described the firm's processes and said collection activities would begin with the 2024 returns filed in 2025. Commissioners discussed the contract cost (staff referenced roughly $44,000 annually based on the township's tax base) against potential recoveries, and several commissioners cited experience with other municipalities where outsourcing produced additional revenue.

The motion passed with five votes in favor and one opposed. The board recorded concerns that staff will follow up on internal procedures, and several commissioners asked that the treasurer report back on how incomplete returns are handled and how the township will supply accurate records to the contractor.

The board did not adopt additional contract guarantees requiring minimum revenue outcomes; a resident asked whether the contract includes protections if the vendor underperforms, and staff said terms will be in the contract documents. The firm's exact contractual terms, enforcement guarantees, and performance metrics were not specified in the discussion and were described as standard commercial negotiation points.

Next steps: staff will finalize contract documents and return to the board with any final contract language and any clarifying procedures the treasurer recommends for data transfer and verification.