While the first tax hike in 12 years barely raised an eyebrow at the Carroll Valley borough council meeting on Monday, zoning ordinances and lot sales guidelines were still the subject of much of the two-and-a-half-hour agenda.
The tax hike of .30 mills will raise taxes for the first time in 12 years from 2.45 to 2.75 percent, an average cost of $75 per household annually. The reason for the tax hike, reported Borough Manager Dave Hazlett, is the hiring of an additional police officer, which increases staffing from three to four full-time positions.
The county will continue to fund police, road maintenance, parks and recreation, and events throughout the year, including the 4th of July celebration. While property sales have declined slightly, property values have risen according to the budget report that can be found on the borough website or through the municipal office.
Capital reserves will be used to fund the Cortner Pavilion renovations and to remediate the algae problems in Lake Kay. Personnel costs will increase by 3.2 percent through inflation-adjusted salary increases, and sewer customers will see a significant rate hike due to the new $5.3 million sewer treatment plant that will begin construction in December. The exact amount of the rate hike is unclear at this time.
Lot sales, trades, and more coop concerns
Carroll Valley has several lots to sell, but the process for doing so is still not without some confusion.
Bethany Martin spoke to the council about trying to purchase a lot since Aug. 2022 and her frustration. Initially, she and her partner had asked to acquire the property through a lot swap but were told that Carroll Valley no longer permits that type of exchange. It appeared that the matter had been resolved at the April meeting when the board voted unanimously to sell the lot through auction. This summer, the process was halted because the borough was revamping its process for lot sales.
“We honestly would just like an answer,” Martin said. “I only feel it is fair to be granted what was agreed upon,” she added, referring to the April meeting when the borough council voted for the lot to be sold through public auction.
Martin said she and her husband feel like guinea pigs for a system that wasn’t even set up. “My husband and I have been thrown into the middle of it,” she said, asking the council to honor the original decision to sell the lot at auction.
The property, located on Mason Dixon Trail, was offered up for auction for about $3,500 since it had not passed its initial percolation (perc) test. A perc test determines the water absorption rate of the soil in preparation for building a septic drain field or infiltration system. It is crucial in rural areas that don’t benefit from municipal sewage systems. A lot with a positive perc test will generally sell for much more than a lot with a negative finding.
While the lot had initially failed the perc test in the early 1990s, the council recently had it retested. This time, it passed. As part of Monday’s agenda, the perc test was reviewed, and Hazlett advised the council to either move forward with an appraisal or take it off the list of lots they have to sell.
“I think they were treated unfairly to start with. I think they should have been sold that piece of property then and there,” Council Member Bruce Carr said, referring to the April meeting.
Carr asked if they could make a motion to sell the property to the couple, but Borough Solicitor Zach Rice explained that there must be a notice of intent to sell the property at least 30 days before it is sold. He added that he didn’t know how the property could have been appropriately appraised using decades-old information. “If you are determined to sell it to these folks, you must get an appraisal showing if the property is above or below $6,000.” According to state law, properties below $6,000 do not have to be sold through auction or sealed bid.
After a lengthy discussion, The council adjourned to executive session for less than five minutes and returned with no action being taken. Nods, smiles, and winks from council member Kari Buterbaugh toward the Martins seemed to indicate good news for the couple, but nothing was stated.
Lot Swaps
Although the Martins had been told in August of 2022 that the practice of swapping lots was no longer being allowed in Carroll Valley, Borough Manager Hazlett listed an agenda item regarding a resident’s request for a lot swap. In the memo to the council, Hazlett indicated that the offered lot’s value ($47,100) was overrated and other characteristics of the request did not fit the guidelines for such a procedure. He suggested that the Borough consider selling rather than trading the available lot.
Council Member Buterbaugh, who had spoken personally with the resident, said the request “was made by a very nice family who have lived here for 20 years.”
“The Borough’s not really looking to do trades right now. The Borough wants to liquidate properties, not acquire more,” Hazlett said. He underscored the fact that the value of the properties involved in the trade would need to be established appropriately. “Is anybody in Carroll Valley going to pay $47,000 for a failed perc lot,” asked Hazelett. He said that both lots have been overvalued. The Borough-owned lot has been assessed at $24,000.
Hazlett asked the council if they were looking for more information or were prepared to decide on the lot swap. “And let me know if the Borough has changed its mind about whether or not we do lot trades.”
Carr asked when the borough had decided not to make lot trades, adding that it was once common to trade lots with contractors who built houses on them.
“Yes, and we stopped doing that,” Hazlett pointed out. “The decision to stop was made because the lot trade concept was only being used by developers to put more houses in as opposed to what it was intended for initially – eliminating building lots and giving people larger pieces of property with their existing home,” he added.
“I think we need to have some kind of consistency here, at least as of today, said Council Member David Lillard.
Hazlett said that to ensure consistency, the borough should treat the lot it owns according to the new lot sale guidelines and offer it for sale, not for trade. He said other people have inquired about lot trades and asked for clarification.
“I would say that we add this to the short list of inventory that we want to put up for sale, and we go through the process that we’ve already defined previously,” Council Member Michael Wight said.
A motion was approved to reject the lot swap and proceed with perc testing and appraising the borough lot. Whether or not it appraises above or below $6,000, the council indicated it would likely sell through auction or sealed bid because more than one resident is interested in the land.
Coop Concerns
At October’s meeting, the Carroll Valley Borough Council voted to permit an exemption to an ordinance governing chicken coops to allow Adam and Katlyn Colson to keep a coop they had built in front of their home without obtaining a permit. The couple approached the council in July, asking permission to keep the chicken coop. They could not place it in the backyard as the ordinance dictates because there is no room. The house sits at the back edge of the property. The council voted in favor of the exception after seeking clarification from Borough Solicitor Zach Rice.
However, in a letter to the council, Borough Manager Hazlett, who had been absent from the meeting, stated that “the chicken coop doesn’t meet the requirements of the zoning ordinance for accessory structures. The Borough Council does not hold the authority to “waive” anything in the zoning ordinance; that would be the Zoning Hearing Board’s responsibility.” He added that if the council still wished to permit the activity, they would need ordinance amendments for both zoning and chickens.
“Here we go again,” said council member Carr. “Let’s do what we do and send it back to the planning commission,” he suggested.
“I personally feel the ordinance is correct,” said council member John Schurbring. He suggested that if the zoning board needs to make the exception, the matter should go back to them with the council’s support.
Council President Richard Mathews was the only council member who did not support the exemption for the coop request. He said property deeds in Carroll Valley do not permit chickens, so the council should not allow them because it could result in neighbors suing neighbors down the road.
Hazlett agreed to go to the zoning board and talk to the members about giving the Colsons an exemption to the set-back rule and its front yard location, which do not comply with the zoning rule.
In other council business, Police Chief Clifford Weikert welcomed new part-time Biglerville Police Officer Joseph David to Carroll Valley and asked the council to approve putting regulations in place to allow his department to solicit new officers by offering them academy training. Carroll Valley has been trying to bring the number of officers in the Borough up to four full-time positions.
Weikert alerted residents that two unidentified individuals had recently been caught on camera trying to break into area vehicles. He warned citizens to keep their vehicles locked and to report any unusual activity in the area.
Fifty Properties LLC submitted a subdivision and land development plan review to construct a new gravel parking lot for the Liberty Mountain Resort. The lot will include 143 new parking spaces totaling about 61,500 square feet and a basin for stormwater control. The council agreed to request an additional extension for the Borough of Carroll Valley Council approval with minor changes and a waiver. The approval date has been extended to April 30, 2024.
The Carroll Valley Borough Trail Project grant request of $212,000 is closer as they await state Greenways, Trails, and Recreation Program awards that may be announced this week. After successfully closing the $5,452,398 loan for Carroll Valley’s wastewater treatment plant upgrades, contractor Hickes Associates, Inc. should be able to begin the project in the first quarter of the new year.
A $276,000 grant application to improve Carroll Commons Park continues to move forward with letters of support promised from Senator Doug Mastriano and Representative Dan Moul. If awarded, the grant would fund the construction of a pickleball court and relocated/expanded lighting, ADA-compliant bathrooms, a butterfly garden, EV charging stations, and the installation of security cameras. Awards are anticipated in late 2024.
Judith Cameron Seniura is a freelance reporter. She began her journalism career in the early ‘70s and has written for newspapers, magazines, and other media in Ontario, Canada, Alaska, Michigan, Nebraska, San Antonio, Maryland, and Pennsylvania.