Suit threatened over proposed levee fee

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

Kingston Councilman Jack Schumacher warned Luzerne County officials that they could face a legal challenge by his municipality and possibly others if the county adopts a proposed Wyoming Valley Levee maintenance fee.

Officials in Wilkes-Barre and Hanover Township have also publicly opposed the fee.

“I don’t think it’s fair that just because you live by the river you’d have to pay this tax,” Schumacher told commissioners during Wednesday’s meeting.

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.

The county’s five-person Flood Protection Authority would have to adopt the fee. The three commissioners, planning zoning director and assistant engineer sit on the authority. The fee is expected to be discussed at the authority’s 11 a.m. Tuesday meeting.

Minority Commissioner Stephen A. Urban, the authority chairman, told Schumacher that the impacted municipalities received a “windfall” when the county took over levee operation and maintenance in 1996.

The county took over the project, at the request of the U.S. Army Corps of Engineers, to ensure consistent operation and maintenance across municipal lines, Urban said, noting that the Army Corps had concluded that some of the pump stations had not been properly maintained by municipalities.

Urban said he’s willing to give up the fee if municipalities want to reimburse the county. The county would provide a breakdown of operation and maintenance costs, including expenses for insurance, he said.

“If you want to pay us directly, that’s fine,” Urban said.

The following municipalities would be expected to contribute: Wilkes-Barre, Hanover Township, Plymouth, Kingston, Edwardsville, Swoyersville, Forty Fort, Pringle and Luzerne.

Some municipal officials have proposed a countywide fee, but the county’s solicitor had advised that the fee may be charged only on property owners who would be direct beneficiaries of the service.

Urban said authority Director Jim Brozena is working on a fee proposal for Tuesday’s meeting.

The authority is debating whether to levy the fee on all 39,000 properties in nine municipalities or just the ones that were inundated by the Agnes flood in 1972.

Another debate is whether to implement a flat fee per property or one based on “equivalent dwelling units.” The use of dwelling units would increase fees on structures such as apartment buildings or college dormitories.

The annual fee has been estimated at $40 to $90 using dwelling units. Brozena has estimated the fee would be about 20 percent higher if the authority levies a flat fee per parcel because there are fewer parcels than dwelling units.

Schumacher wasn’t appeased by Urban’s explanation, predicting Kingston and other impacted municipalities would join together to file a suit.

A former county assessment office worker, Schumacher also complained about the county’s recent hiring of George Kechula, of Shenandoah, as an assessment commercial/industrial land appraisals manager for $40,000.

Schumacher said the job was posted internally at a $30,000 salary, and he believes at least one existing staffer should have been promoted to the job. He also noted Kechula worked for reassessment company 21st Century Appraisals Inc.

“It’s caused a lot of dissention in that office. I want you to know. It wasn’t fair, and it wasn’t right,” Schumacher said.

Commissioners said they can’t publicly discuss personnel actions.

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