Schuylkill County owes the city of Pottsville taxes for real estate collection, and the city wants it to pay up.

City council member Mark Atkinson told commissioners Wednesday the city has been lenient enough.

“The county wanted to dispute what they owed the city. However, in accordance with the state law, the only time that a discrepancy can occur with respect to tax collection and salary is by ordinance prior to the 15th of February on the year of an election, and that did not occur. To date, the county owes the city $46,000,” Atkinson said.

He said Commissioner Gary Hess was not aware of the situation. Chairman Barron “Boots” Hetherington confirmed Friday he didn’t know before Wednesday.

Atkinson said he will ask council members to “seek a court resolution” on the matter if an agreement isn’t reached, something he said again Friday. Sept. 14 is the next city council meeting.

Hess requested Atkinson receive an answer. County Administrator Gary Bender said he will call Atkinson back.

Atkinson said he felt compelled to call in Wednesday after the city has not received payment this year.

“There is a level of good faith that they would pay up,” he said.

Atkinson said the county is sent monthly bills, something county Treasurer Linda Marchalk confirmed.

Marchalk said there have been three meetings on the topic, with the first one in March. Atkinson, who is finance chairman for city council, said he only participated in one by phone in March.

County position

Marchalk said there was a “contract” through Dec. 31, 2019.

“Until I get a contract that authorizes me to do those check requests, we cannot do that,” she said.

She said the county pays the city $85,000 to collect 9,000 tax bills.

“I pay 66 other tax collectors $285,000, and so we are investigating a savings for the county by having the county’s treasurer office collect the county portion of the real estate taxes.”

Marchalk also said the city was supposed to provide job descriptions, which it failed to do. She said the city employees collect garbage and other city taxes and “I don’t feel it is proper and adequate that they are charging us one-third because they are doing more than collecting just county real estate taxes.”

Bender said Friday there is no recent contract because the city had not provided the job descriptions. He couldn’t recall the last time the job descriptions were requested. Bender said he is optimistic a meeting can be held soon involving county and city officials.

Atkinson said he believes the contract Marchalk is referring to is a letter that sets rates for the collection of taxes that ran through Dec. 31, 2019.

He said the city could turn over the requested information, but it is irrelevant.

“It is not required by state law,” Atkinson said.

The Local Tax Collection law of May 25, 1945, spells out the collection of taxes by counties, cities and other entities. Section 33 compensation and expenses of tax collector in cities of the third class city shared is applicable.

Solicitors and city mayor respond

County solicitor Glenn Roth said “the county is trying to be fiscally responsible in regards to all payments and the law requires taxing districts to pay the cost of the city treasurer and assistants as well as office expenses.”

He said previously the county would pay invoices in a timely manner when received by the city.

Roth said the county wants confirmation they are only paying for city employees to collect county taxes. Roth is optimistic an agreement is possible.

“The city can verify to them that our billing is solely for tax collection,” City solicitor Thomas J. Pellish said Friday.

He said there was a meeting earlier in the year about the topic.

“I knew it has been an issue that we have to resolve,” Pellish said.

Before this year, the city and the county had a good working relationship on this matter, he said.

Pottsville Mayor James T. Muldowney agreed. He has been mayor since 2013, and was a city council member for 10 years before becoming mayor.

“It just seems like they are working against us,” Muldowney said.

Thomas A. Palamar, city administrator, was unavailable for comment.