Wilkes-Barre/Scranton International Airport officials: Grant funding depends on bi-county agreement

Wilkes-Barre/Scranton International Airport officials are urging Luzerne and Lackawanna counties to approve a partnership agreement so the Avoca complex remains eligible for federal funding.

The Federal Aviation Administration had informed the airport that future grant funds are at risk if a bi-county agreement is not executed “very soon,” airport Assistant Executive Director Betty J. Teichman told Luzerne County Council at its Tuesday work session.

Teichman said approximately $21.3 million in federal grant funds are anticipated for airport projects over the next few years.

Council members had many questions about the wording and implications of the proposed partnership agreement on Tuesday and said they want Lackawanna County commissioners invited to a council meeting to discuss the matter. The airport is jointly owned by both counties and managed by a six-member board with three representatives from each county.

Attorney Nicholas M. Clabbers, a partner with Kaplan Kirsch specializing in aviation matters, is assisting the airport and explained the reason for the FAA requirement during the work session.

According to Clabbers:

The current cooperation agreement between the counties dates back to 1968 and is 2.5 pages.

Grant agreements were signed under the airport name for many years, with the argument that it represents both counties signing together.

However, the FAA determined it requires a single airport sponsoring entity for federal grant recipients.

The FAA provided three options to accomplish that:

• One county accepting on behalf of both counties

• Both counties forming a third municipal entity, such as an airport authority

• A partnership between the counties without the need to create an authority through the Municipal Authorities Act

“We pushed back pretty hard on their claims that we needed something like this, and ultimately we were not successful in convincing them of that,” Clabbers said, referring to the FAA.

Based on past feedback from the airport board and solicitors, Clabbers said the partnership path was pursued, resulting in a draft agreement now before county council.

County Manager Romilda Crocamo and several council members said Luzerne County may be interested in exploring the first option of taking the lead instead of a partnership.

Clabbers said the decision on how to proceed rests with the elected legislative body of each county, not the bi-county airport board.

Councilwoman LeeAnn McDermott, who chairs the airport board, said Wednesday she sent an email to her council colleagues asking them to submit all questions and concerns about the draft partnership agreement or general subject to advance discussion.

Teichman had requested council approval of the agreement at its next meeting on Oct. 28, but McDermott said another work session discussion likely will be necessary. She also said Lackawanna County commissioners will be invited to participate in the discussion.

Posted in Tuesday’s work session agenda at luzernecounty.org, the proposed agreement would create an “AVP Bi-County Partnership” to manage, operate, and maintain the airport. Unless otherwise agreed, each county would be equally responsible for the partnership expenses, including operating, capital, maintenance, engineering and supervisory costs associated with the airport, it said. The six-member bi-county board with equal representation from each county would govern the partnership, including budgeting of airport revenue and expenses.

Council Vice Chairman Brian Thornton questioned the clause about equally sharing expenses, saying Lackawanna County has not contributed to Luzerne County’s expense to provide law enforcement officers at the airport’s security checkpoints.

Crocamo said the airport is a “wonderful asset in Northeastern Pennsylvania” that she hopes will remain for many years, but the county must have specific terms in the agreement to protect its interests. Several council members concurred,