Council presses for answers on proposed AVP bi‑county partnership as FAA grant deadline nears

Luzerne County Council spent an extended portion of its Oct. 14 work session discussing a proposed AVP bi‑county partnership that would allow a single sponsor to accept Federal Aviation Administration grants for the Wilkes‑Barre/Scranton International Airport.

Airport staff and outside counsel told council the FAA requires a single legal sponsor to sign federal grant agreements, and the draft partnership is intended to preserve the airport’s current board structure while satisfying that requirement. BJ Teachman, executive assistant/executive director at the Wilkes‑Barre/Scranton International Airport, told council that "the FAA has informed us that the grant funds are at risk if this is not done very soon," and estimated approximately $21,300,000 in anticipated federal grant funds over coming years tied to airport projects.

Council members pressed for specifics about cost allocation, emergency obligations and asset control. Several members said they were concerned that Lackawanna County has not been contributing to security costs and other airport expenses; they cited a recent instance when the county shouldered security costs after federal funding was reduced. Attorney Skeen, participating for the county, said the draft agreement is a "basic partnership" that required further detail in several areas and warned that unresolved disputes could lead to arbitration or litigation if terms are not clarified before execution.

Substantive concerns raised on the record included: - Cost sharing and ongoing obligations: Article 2.03 of the draft states each county would be "equally responsible for the cost of the partnership." Council members expressed concern that Lackawanna County has at times contributed little or nothing to identified security costs, leaving Luzerne County to cover shortfalls. - Security funding and LEO program costs: Council members recounted that when federal security funding was cut this year, Luzerne County picked up additional costs for law enforcement at the airport. Meeting remarks noted the airport contributes to security and reported an airport contribution of $60,000 to the local law enforcement (LEO) program and that the airport "pays over a half a million dollars for security," per airport counsel/staff remarks. - Asset and land division: Members asked what would happen to airport property if the airport were dissolved and whether assets would be split 50–50; attorneys said most of the airport land sits in Luzerne County (reported to be about 93% by area) but that federal grant encumbrances could complicate a simple split. - Timeline and FAA deadline: Counsel advised council the partnership must be finalized before the end of the calendar year or early January to avoid jeopardizing grant eligibility for the next federal fiscal cycle.

Council response and next steps: Members repeatedly asked that outstanding questions be compiled in writing and answered by counsel before council considers a vote. Several members said they want county commissioners and Luzerne County representatives to coordinate with Lackawanna County officials and the airport board; some asked that the original 1968 agreement between the counties be provided to council for review. Attorneys present said the draft has evolved over several years in response to FAA concerns and that a variety of forms were considered, including a municipal authority or a single county accepting sponsorship.

What was not decided: No final action or vote on the partnership was taken. Council members indicated they would not rush to a vote without receiving written responses to the council’s questions and having more time to negotiate protections for Luzerne County assets and to address cost‑sharing mechanisms.

Quotations in the record - "The FAA has informed us that the grant funds are at risk if this is not done very soon," BJ Teachman, executive assistant/executive director, Wilkes‑Barre/Scranton International Airport (00:30:58). - "If we don't come to an agreement, we'll then be... arbitration in litigation with Lackawanna County over that," Attorney Skeen (00:38:36).

Clarifying details extracted from the meeting record - Airport staff reported approximately $21,300,000 in anticipated FAA grant funds over multiple years (BJ Teachman, 00:30:58). - Airport counsel/staff stated the airport itself pays "over a half a million dollars" for security (Attorney remarks recorded during the discussion). - The airport reported a $60,000 contribution to the LEO program (attested in meeting remarks). - Council members asked for the original inter‑county agreement from 1968 and requested written answers to a compiled list of questions by the end of the week; council requested follow‑up sessions and coordination with county commissioners.

Why it matters: The proposed partnership affects which legal entity can receive federal airport grants and how future obligations and liabilities are allocated between Luzerne and Lackawanna counties. Council members said they support protecting the airport as a regional asset but want clearer mechanisms to ensure Luzerne County is not left covering disproportionate costs.

Next steps: Council agreed to collect written questions and forward them to airport counsel and the county solicitor; members requested that answers be returned and that county commissioners and airport board representatives be included in subsequent briefings before any vote is scheduled.