Levee fee now expanded to 12 municipalities

By Jennifer Learn-Andes jandes@timesleader.comLuzerne County Reporter

Luzerne County officials plan to meet within two weeks to vote on a proposed Wyoming Valley Levee maintenance fee that would be paid by an estimated 15,300 property owners in 12 municipalities.

It was originally thought that nine municipalities would be impacted, but Exeter, West Wyoming and Wyoming have been added to the mix based on flood maps, the county Flood Protection Authority learned during Tuesday’s meeting.

Also impacted are property owners in Wilkes-Barre, Hanover Township, Plymouth, Kingston, Edwardsville, Swoyersville, Forty Fort, Pringle and Luzerne.

County officials proposed the fee to generate up to $1.9 million to offset the county’s burden of operating and maintaining the levee and pumping stations.

Authority members appear to be leaning toward a fee based on property values, rather than the number of dwelling units within each structure.

The owner of a home worth $100,000 would likely pay an annual fee ranging from $50 to $78, according to fees discussed Tuesday.

A commercial, industrial or tax-exempt property owner could pay anywhere from $509 to $834 on a property worth $750,000, and $170 to $278 on a property worth $250,000.

Still at issue is whether the fee should be based on actual assessments or value ranges. The fee could also increase gradually over the next five years or remain at a higher constant value.

Authority officials had discussed imposing the fee on all 36,600 properties in the 12 municipalities, but authority Chairman Stephen A. Urban said he believes board members would only support charging the 15,300 parcels that fall in the area inundated by Hurricane Agnes in 1972.

County solicitor Vito DeLuca said the authority only has power to impose fees on those who receive a “direct benefit.”

Authority Director Jim Brozena said flood insurance rates are significantly higher on properties not protected by the levee. For example, the premium on a property insured for $100,000 plus $40,000 in contents would be $287 with levee protection and $1,177 without, he said.

County taxes funded levee maintenance and operation, but county commissioners stripped the expense out of the 2009 budget to save money. The solicitor’s “direct benefit” interpretation has ruled out the possibility of a countywide fee.

Five residents criticized the fee during Tuesday’s meeting.

Kingston Mayor James Haggerty said population loss is a problem for municipalities along the Susquehanna River, and each new fee discourages newcomers.

The borough and several other municipalities saved money when the county took over the levee project in 1996, but Kingston is still forced to deal with stormwater runoff flooding caused largely by increased development in other higher elevation communities, such as the Back Mountain, Haggerty said.

Swoyersville property owner Bob Gorda said he would have to pay an estimated $120 in fees on his properties, and he noted that many of the impacted property owners are senior citizens.

Wilkes-Barre property owner Walter Griffith said he doesn’t use some bridges even though his tax dollars fund them, and he questioned whether the county should start covering bridge expenses by charging a user toll.

Plymouth Township Supervisor Gail Conrad spoke in support of the fee, saying residents there should not be expected to pay for levee maintenance and upkeep.

The township is not protected by the levee, and Conrad said she spoke to 60 to 70 property owners who said they’d be willing to pay a levee fee to avoid the “mad scramble” when the river rises. There’s also “little likelihood” that flood-prone properties would sell without levee protection, she said.

“I think it’s just the principle of it because they do not have peace of mind nor any direct protection from the levee,” Conrad said.

Kingston Councilman Jack Schumacher has publicly warned county officials that they could face a legal challenge by his municipality and possibly others if the county adopts the fee.

All three county commissioners sit on the authority, along with Planning/Zoning Director Adrian Merolli and county engineer Chris Belleman.

Levee fee impact

Here’s a breakdown on the number of property owners who would likely be expected to pay the levee maintenance fee by municipality: Edwardsville, 391; Exeter, 227; Forty Fort, 1,692; Hanover Township, 1,074; Kingston, 4,506; Luzerne, 217; Plymouth, 920; Pringle, 34; Swoyersville, 1,715; West Wyoming, 194; Wyoming, 106; and Wilkes-Barre, 4,230.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.