Luzerne County Flood Protection Authority approves e-bike policy for Wyoming Valley Levee trail | Dallas Post

Electric bikes can only be used atop the Wyoming Valley Levee if the operator is actively pedaling — with or without electric assist — and traveling at a safe speed, Luzerne County Flood Protection Authority board members said Tuesday.

The new levee trail policy adopted Tuesday states some classes of e-bikes (2 to 4) are prohibited, but authority board members said any class of e-bikes will be permitted as long as the users are not solely relying on motorized power.

While making a specific exception for those with disabilities, the new policy prohibits the following motor and battery-powered transportation modes on the levee trail: golf carts, mopeds, scooters, unicycles, all-terrain vehicles (ATVs), dirt bikes, motorcycles and snowmobiles.

The authority will provide an exception for motorized or battery-powered wheelchairs or other transportation devices specifically designed for use by those with medically confirmed disabilities, said the policy, which was unanimously adopted.

Authority Executive Director Christopher Belleman had first suggested the drafting of a policy for e-bikes after someone on one sped past him while he was working on the levee path. This person was “flying,” and the e-bike “was like a small motorcycle,” he had said at the time.

The five-citizen authority has considered options ranging from a complete ban on e-bikes to specific speed limits. It also scheduled a public session in October to accept public input.

Authority vice chairman William Hardwick said Tuesday e-bikes have dominated the discussion, but his focus was on the broader issue of addressing motorized equipment on the popular levee recreational trail.

Hardwick said he and his wife regularly visit the trail to walk or ride on traditional bicycles.

He has observed mini bikes — especially in the area near Kirby Park — e-bikes and one-wheeled, motorized skateboards. All are capable of going pretty fast, he said.

“In my opinion this is only about safety on the levee and not about trying to penalize a certain group of e-bike users or whatever the case may be,” Hardwick said, later adding, “The goal is to make it as safe as we can.”

The six-foot-wide levee trail must be shared with people walking and biking in both directions, some with animals, he said.

Hardwick said he even “hedged a little bit” on allowing the electric “pedal assist.”

“I don’t know how we would enforce this. We’ll see how it all this bears out. As it’s written, I will approve this, but again, my impression and my intentions were to prohibit motorized vehicles from being on the levee system because you can’t enforce speed limits. You’re never going to be able to.”

Board Secretary John Maday agreed, saying he initially “had a problem” with allowing pedal-assist due to the enforcement challenge.

He said the average non-electric bicyclist travels 8- to 12 mph, with the speed rising to 15- to 18 mph for more experienced bicyclists.

Depending on the class, e-bikes can travel 20- to 28 mph, though some can go much faster, he said.

“That’s what we’re managing against. What we’re trying to do is make it safe for everyone. We have to manage for those who will consistently break the rules,” Maday said.

The levee trail allows recreation but is “not an area for transportation” or intended as a path to “get from Forty Fort to Wilkes-Barre as fast as you can,” Maday said.

“It’s for your protection,” he said of the policy.

Board Assistant Secretary/Treasurer Jay Delaney said board members had differing views on how to proceed but needed to weigh every opinion, listen to levee users and “find some consistency.”

“I didn’t get 100% of what I wanted, but I think we have a pretty darn good policy to present to the public that will give us a much better levee for the public to recreate on,” Delaney said.

Board Chairman Dominic Yannuzzi noted the policy was supported by Around Town Bicycles owner Richard Adams, who had agreed to review it and provide input.

“I believe we have a fair policy here for the community and users,” Yannuzzi said.

Adams, who was not in attendance, verified before the meeting he deemed the policy acceptable because it addresses the authority’s public safety concerns while allowing e-bike usage on the levee.

The rules for motorized transportation modes was part of a broader policy covering public recreational usage on authority lands.

It says the authority will work with applicable municipal police agencies to cite users “who are creating unsafe conditions or possibly causing unwarranted damage to the flood protection system.”

It also solidifies other rules that bicyclists and other levee trailer users should stay to the right and pass on the left, with cyclists yielding to pedestrians at all times.

Trail users are encouraged to remain aware of conditions and “not impair their hearing through the wearing of headphones or ear buds,” it said.

Prohibited activities include skateboarding, the use of alcohol and illegal drugs, indecent language, disorderly conduct, littering, camping, open fires and golfing, it said.

All animals are to be strictly controlled on a leash, and waste must be removed.

During public comment before the vote, Swoyersville resident Yves Wenselaers encouraged the board to eliminate the leash requirement.

Wenselaers said he is on the levee grounds with his dogs most days and often keeps them off leash because they are trained to respond to commands and also controlled through a device. He noted he leashes his dogs if warranted based on activity atop the levee.

He argued responsible dog owners should have the option.

Yannuzzi said the policy is intended to protect all people and dogs.

In other business Tuesday, the authority:

• Rejected all bids for a project to upgrade control systems in levee pump stations, with plans to reassess options to reduce the cost. Three bids had been submitted, and Kingston-based Apollo Group Inc. was the low bidder at $1.798 million, the agenda said. The project will be covered by federal American Rescue Plan funding earmarked by county council.

• Awarded a $650,000 contract award to Verdantes in Wilkes-Barre for professional engineering and surveying services in the “Exeter Flood Protection Project,” which will be covered by the flood mitigation program. Verdantes was the sole bidder, the agenda said.

This project would design an approximately 1,600-foot levee that addresses a low spot vulnerable to flooding — if additional funding becomes available.

• Accepted, with regret, the resignation of board member Gordon Dussinger.