Vehicle fee decision postponed, stormwater fee resolution passes

After lengthy discussion about the $5 vehicle fee Tuesday, Luzerne County Councilman Stephen J. Urban asked to postpone a vote on his proposal to stop the fee Dec. 31, saying he wanted time to adjust the wording.

Council proceeded with another resolution, unanimously voting to express opposition to a federal pollution reduction mandate and stormwater fee, prompting applause from a group of fee opponents in the audience.

The resolution kept Councilman Walter Griffith’s wording authorizing the county law office to seek an injunction in federal court to halt the mandate, although council members emphasized it was not a directive to file litigation or guarantee that any litigation will proceed.

Assistant Solicitor Vito DeLuca said research on legal options is still underway, and the county’s home rule charter would require the county manager to review and make recommendations to council on pursuing any litigation. In addition to in-house research, the county law office has asked Attorney Margaret M. Witherup, of Maryland-based law firm Gordon Feinblatt Inc., to provide a comprehensive evaluation that was not completed by Tuesday’s meeting.

Council’s legislative committee will draft a proposed letter outlining council’s sentiment on the mandate and fee and will present it to council for approval so it can be sent to U.S. President Donald Trump and others.

Vehicle fee

Council had initiated the vehicle fee, which took effect early last year, to take advantage of a $2 million match, agreeing to stop the fee if no more matches would be provided.

State Department of Transportation Larry Shifflet, deputy secretary of planning, told council Tuesday said there are no plans to offer a second match.

Urban had proposed halting the fee the end of this year, saying that allows enough time for $2 million to be collected to obtain the full match.

However, the administration said most of last year’s fee collection — $1 million out of $1.13 million — was spent on two deteriorated road projects that do not count as credit toward the state match, which is based only on bridge work.

Even if the county collects $1.13 million again this year and also applies the $24,500 remaining from last year to bridges, spending on bridges would only hit $1.26 million, or more than $700,000 shy of the amount needed to obtain the full match.

County Manager C. David Pedri told council Tuesday $275,719 of the fee funds were used for Foothills Drive in Butler Township because the work was part of a $1.5 million project that will result in three municipalities assuming ownership of seven miles of roads.

Another $725,057 was spent reconstructing Elmwood Avenue in the Crestwood Industrial Park in Wright Township because approximately 1,000 people work in the complex. Pedri said he has received numerous complaints about vehicle and truck damage due to the road condition.

Vehicle fee revenue through 2021 and the full $2 million state match are needed to address three deteriorated bridges — West Liberty Street in Hanover Township, East County Road in Hollenback Township and the Hillside Road Bridge in Kingston Township, Pedri said.

During a presentation on the more than 300 county-owned bridges Tuesday, Pedri said he was operating under the assumption he would have to end the fee when the match was reached and it was verified no more matches were available.

“This was never meant to be a $5 fee for all time,” Pedri said.

Urban, Griffith and Councilwoman Linda McClosky Houck criticized Pedri’s decision to use fee funding for the roads without expressly informing council in advance. Griffith said council made it clear it was passing the fee solely to take advantage of the bridge match.

Pedri said the 2018 vehicle fee ordinance did not say receipts must be used for bridges.

County Engineer Lawrence Plesh said he was inundated with complaints about Elmwood and recommended completion with the fee funding last year because the administration was still working with the state on a plan for which bridges would be completed. The need for infrastructure repairs far exceeds available funding, he said.

“I’m in dire straits,” Plesh said.

Pedri said he is trying to chip away at addressing infrastructure.

“While we don’t want them, it is our responsibility to take care of them,” Pedri said, noting citizens and school buses drive over these bridges.

Board appointments

The result of an employee/retiree election for a county retirement board member was announced Tuesday, with John Evanchick, of the sheriff’s office, receiving the reappointment. Under home rule, an employee/retiree seat was added to the five-person board, which oversees the employee pension fund.

In voting that did not wrap up until after midnight, council appointed numerous citizens to boards and authorities: Flood Protection Authority, William Falls (reappointment); Industrial Development Authority, Fred Javer and Robert Palermo; Redevelopment Authority, Mark Rabo; Transportation Authority, Dennis Driscoll and Lynette T. Villano (reappointment); Northeastern Pennsylvania Health and Higher Education Authority, Nanci Romanyshyn; Blighted Property Review Committee, Andrew Holter; Election Board, Democrat Audrey Serniak (reappointment) and Republican Joyce Dombroski-Gebhardt; Board of Tax Assessment Appeals, Richard Long (reappointment) and Kenneth Temborski; Children and Youth Advisory Board, Alex Milanes; Luzerne County Community College Board of Trustees, August Piazza, Daniel Rodgers and Anthony Seiwell; Farmland Preservation Board, Richard Yost (reappointment); Forty Fort Airport Advisory Board, Brandon Pernot; Zoning Hearing Board, Dave Williams (reappointment); Luzerne/Schuylkill Workforce Investment Board, Monica Marshalonis; Area Agency on Aging Advisory Board, Liza Behrens, Dr. Stephen Broskoske (reappointment), James Sernak, Deborah Walsh (reappointment), David Yonki and Joseph Yozviak (reappointment); Drug and Alcohol Executive Commission, Eric Bieski; and Mental Health/Developmental Services Advisory Board, Chelsea Graziano and Melissa Littleton.