LUZERNE COUNTY COUNCIL. September 10, :30 PM Council Meeting Room, County Courthouse Wilkes-Barre PA MINUTES

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1 LUZERNE COUNTY COUNCIL 6:30 PM Council Meeting Room, County Courthouse Wilkes-Barre PA MINUTES CALL TO ORDER The Luzerne County Council convened for a voting meeting in the Council Meeting Room on at 6:42 P.M. The meeting was called to order by Chairman Tim McGinley. The Pledge of Allegiance was said followed by a moment of silence. ROLL CALL ABSENT ALSO PRESENT James Bobeck Elaine Maddon Curry Robert Lawton, County Manager Edward Brominski C. David Pedri, Chief County Solicitor Harry Haas Brittany Burgess, Clerk of Council Linda McClosky Houck Eugene Kelleher Tim McGinley Rick Morelli Stephen A. Urban Stephen J Urban Rick Williams Chairman McGinley reminded everyone that the meeting was being broadcast by Service Electric and asked everyone to speak into the microphones. Presentation made by Susquehanna Warrior Trail Council: (Additional information available at susquehannawarriortrail.org) Council President Lance Kittleson presented to Council information regarding the Susquehanna Warrior Trail. Also present from the group were Vice President Max Furek, Treasurer Dan Shane, Bonnie Shane, Sandy Kittleson, and Pat Furek. Mr. Kittleson explained that the group is made up of volunteers who are responsible for the Susquehanna Warrior Trail project. He also provided an overview of some of the community events that take place on the Trail such as Boy Scouts and Girl Scouts projects as well as 5k races for runners and walkers. He asked that Council keep the group in mind if resources become available for assistance to the group for maintenance of the trail. Presentation of NACo member benefits: Andrew Goldschmidt, Director of membership marketing for NACo, provided some information to Council regarding the benefits offered to Luzerne County being a member of NACo. He explained a little bit about the organization and reviewed some cost saving opportunities that are available to the residents of the County such as prescription discounts. Mr. Goldschmidt also explained some of the research benefits to being a member of NACo when updating policies and procedures. He added that webinars and conferences are also held to better inform Counties on the latest updates available. PUBLIC COMMENT: John Newman (Nanticoke) commented on the banking proposal and inquired as to if there would be a timeline involved. He added that it is very important to bring the banking procedures Luzerne County Council Meeting 1

2 up to date and to get the best rate of return on the revenue. He stated that it is not about awarding to friends or favorites, but getting the best rate of return and most experience. Rev. Shawn Walker (Wilkes-Barre) provided information regarding the Building Bridges organization and the programs that are offered through the organization. He addressed the Diversity funds that would be coming back to the County and the availability for the funds to be used for the Building Bridges programs in the County. He added that the group is trying to fight crime with preventative measures and hopes that Council will consider their group when determining the use of the Diversity funds. Brian Shiner (Kingston) commented on the ordinance being voted on regarding the establishment of a work week. He stated that it should not take effect until next year to allow time to adjust the budget for next year. He also addressed the RFP for a professional recruiting firm stating that the human resources department should be able to handle the filling of the vacant positions. Mr. Shiner commented on the budget transfer resolution being voted on stating that he doesn t understand the purpose for the resolution. He added that it is also over a month late. Cynthia Kennelly (West Wyoming) asked for assistance from Council and the County with stopping a neighbor from violating zoning laws. She stated that she had contacted West Wyoming Borough and was told that it was a County issue. She added that the neighbor was denied a special exception from the Zoning Board and should be shut down. Charles Umphred (West Wyoming) also commented on the situation mentioned by Ms. Kennelly regarding a neighbor violating zoning laws. He stated that they need help in stopping the activities from going on. Atty. Pedri stated that he would contact West Wyoming to further investigate the issue. Darlene Magdalinski (Trucksville) expressed her support for the Building Bridges organization. She stated that the group would like to make a formal presentation to Council at another time. Tom Dombroski (Kingston Township) commented on the abolishment of the school property tax. He asked Council to express their support for House Bill 76 and Senate Bill 76 that would eliminate the school property tax. Kathy Dobash (Hazleton) reminded Council that the intent of the Home Rule Charter was to fight political corruption and abuse. She stated that there is a loss of trust and confidence of the public in the government. She explained that she had not received the s that she had requested and still feels that there are non-transparent conversations being held via . She also commented on a motion that was tabled regarding the employee contribution of healthcare and charter violations. She added that the tax increase in 2012 was not necessary. Atty. Pedri responded that he wishes Ms. Dobash would have informed him that she no longer wanted the s as she requested. He stated that the County spent $10,000 to go through 30,000 s to complete her right to know request. Ms. Dobash stated that she reviewed the first disc that was given to her from the solicitor s office with Mike Buffer from the Citizens Voice and did not find that they were what she was requesting. She added that she would pick up the rest of the discs tomorrow. Charles Olah commented on the GASB 34. He stated that Walter Griffith asked him to apologize for his sarcasm. He stated that it is mid-september and the audit should be finished. He asked if there has been any movement or any new commitment dates. He also addressed the budget transfer resolution stating that it should have been done prior to the transfer of the funds. He commented on the RFP for a recruiting firm and the banking RFP. Ms. Houck stated that she had received an updated regarding the audit. She added that the four outstanding audits are still needed from the Flood Protection Authority, Retirement, the final draft of Children and Youth, and the verification of a document from the Redevelopment Authority. Mr. Kelleher stated that the preliminary audit for the Retirement Board is finished and the final should be completed this week. Mr. Stephen A. Urban stated that he was informed that the Flood Protection Authority audit was complete. Luzerne County Council Meeting 2

3 SOLICITOR REPORT/UPDATES: Atty. Pedri stated that there was an executive session held to discuss personnel issues. He updated Council on the Banking RFP stating that the County is currently in negotiations with the bank that is expected to be selected. He added that it should be completed by the end of September. Atty. Pedri addressed the outstanding court costs related to PFAs that had not been collected for years. He stated that letters would be sent out seeking collection of those court costs. He also stated that the court costs associated with the Clerk of Courts would be changed. He stated that the fees had not been altered in 8 years and should be updated every 3 years. Atty. Pedri informed Council that the codification process is moving along. He stated that three proposals have been received and CCAP will also be contacted to be sure there are no other companies that should be contacted. Atty. Pedri stated that Council s will be automatically posted to the County website beginning October 1, He stated that it will allow for increased accountability. He added that right-to-know requests will also be posted to the website by the end of the month to allow for public access to the information. COUNTY MANAGER REPORT/UPDATES: County Manager Lawton informed Council that the County check register will be going online for public view. He also stated that Brian Swetz had been serving as the interim Budget and Finance Division Head for 90 days and could no longer serve in that position. He stated that the position will be recruited along with the Human Services Division Head and Operational Services Division Head positions. He added that, for the time being, the current Deputy Director of Budget and Finance Donna Magni will serve as the interim Budget and Finance Division Head. COUNCIL MEMBER COMMENTS: Mr. Brominski gave recognition to Phyllis Thomas for her dedication to Luzerne County. He stated that Ms. Thomas had recently retired after 46 years of employment in the Assessor s Office. Mr. Brominski addressed the appointment of the current County Controller stating that he is still maintaining his private business. He also commented that he had requested the background check of the new Controller. He added that there is a conflict of interest by the Controller teaching at LCCC and that he still wants to see the background check. Atty. Pedri stated that he reviewed the applicants and confirmed that they all met the requirements of the position as laid out by the requirements to be eligible to run for the elected position. He added that he contacted the human resources department of LCCC and they informed him that Mr. Mitchell was not an employee and was not receiving any money from them. Atty. Pedri cautioned Mr. Brominski from demanding information from Luzerne County employees as it is a violation of the Charter. County Manager Lawton added that when the requests for a background check were sent via , the County employee receiving the s was on vacation and out of the office. He added that, since no one else was copied on the s, the lack of response was not intentional. Mr. Brominski also addressed the questioning of a Council member towards a Controller applicant at the interview. Mr. Haas commented on the school property tax relief as well as the Building Bridges organization. He recommended that Council address the Diversity Commission funds. Ms. Houck stated that the Diversity Commission funds do have to be discussed. She inquired as to the ethics training for County employees stating that she feels it is very important and would like to discuss it at the next meeting. Mr. Morelli expressed his concern of how the County is getting information to the pubic. He addressed the newspapers that advertisements are placed in. He also stated that he has been approached regarding frustrations with Hazleton and as well as the cost to Hazleton to Luzerne County Council Meeting 3

4 transport their arrestees to Wilkes-Barre for booking. He stated that it cost overtime and takes officers off of the streets. County Manager Lawton responded that the options of central booking are being explored to address those issues. He also stated that there had been a serious discussion regarding the operations and that situation had been addressed. Mr. Williams stated that he appreciated the comments of Rev. Walker and the efforts of the community. He added that a group called Put People First had also addressed Council regarding the use of the Diversity funds. He recommended that Council put the money to work and put the topic on a meeting agenda or refer the topic to the ABC Committee. Chairman McGinley stated that the ABC Committee would address the topic first. Mr. Stephen J. Urban thanked the different churches for attending the meeting. He stated that the youths of the community need to be taught to respect one another. He added that people are concerned and the community needs to get together to help facilitate a more positive community. Mr. Stephen A. Urban suggested that the Building Bridges organization seek assistance from the Office of Community Development for grant applications they may qualify for. He also commented on the school property tax relief bills being considered by the State. He stated that Legislative Outreach Committee should urge the legislature to take the burden off of the homeowners. MINUTES: Mr. Kelleher requested a correction be made to his comment in the drafted minutes. Motion to approve the August 27, 2013 Council meeting minutes with correction: Motion: Ms. Houck Second: Mr. Morelli Ayes with one (1) Nay by Mr. Brominski and one (1) abstention by Mr. Stephen A. Urban stating that he was not present for the meeting. Minutes approved. EXECUTIVE BRANCH: Office of Community Development: Motion to adopt a resolution approving an amendment to the 2012 CDBG-Disaster Recovery Action Plan and the submission of the 2013 CDBG-DR Action Plan: Andy Reilly, Director of Community Development, explained the 2013 Action Plan to be submitted and the amendment needed for the 2012 Action Plan. Discussion ensued regarding the national objectives and the changes from what was voted on at a previous meeting. Motion: Mr. Kelleher Second: Mr. Stephen A. Urban Solicitor: Motion to adopt a resolution initiating litigation: Atty. Pedri explained that the litigation was related to the damages inflicted upon the Courthouse Rotunda. County Manager Lawton confirmed that he recommends the initiation of the litigation. Motion: Mr. Haas Second: Mr. Stephen A. Urban Luzerne County Council Meeting 4

5 Discussion ensued regarding if there would be any adverse effect on future premiums on County insurance. Motion to adopt a resolution approving a budget transfer of $79,100 from the Judiciary to the Solicitor s Office for Legal compensation for indigent services: Atty. Pedri explained the need for the budget transfer, the process involved with the contracting of attorneys for indigent parents, and why Council approval was required for this budget transfer referencing the Home Rule Charter Section 5.10b. Motion: Mr. Kelleher Second: Mr. Morelli Ayes with one (1) nay by Mr. Brominski Motion passed 9-1 Submission of proposed amendments to the Subdivision and Land Development Ordinance: Atty. Pedri referred to Mr. Williams to explain the amendments. Mr. Williams explained the main changes that would be made to the Subdivision and Land Development Ordinance with the amendments. He also explained the process of adopting the amendments. Motion to refer the drafted proposed amendments to the Planning Commission for their review and comment within 30 days with correction of a typo: Motion: Mr. Williams Second: Mr. Brominski LEGISLATIVE BRANCH: Declaration of ABC Vacancies: Motion to adopt a resolution declaring a vacancy on the MHDS Advisory Board: Motion: Mr. Haas Second: Mr. Williams Motion to adopt a resolution declaring a vacancy on the MHDS Advisory Board: Motion: Mr. Morelli Second: Mr. Brominski Motion to adopt a resolution declaring a vacancy on the Farmland Preservation Board: Motion: Mr. Kelleher Luzerne County Council Meeting 5

6 Second: Ms. Houck Motion to adopt a resolution declaring a vacancy on the Farmland Preservation Board: Motion: Mr. Stephen A. Urban Second: Mr. Morelli Motion to adopt a resolution declaring a vacancy on the Area Agency on Aging Advisory Council: Motion: Ms. Houck Second: Mr. Stephen J. Urban Motion to approve the final adoption of Ordinance , standardizing the Luzerne County employee work week: Motion to amend the ordinance to make the effective date January 2, 2014: Motion: Mr. Bobeck Second: Mr. Williams Discussion ensued as to how part-time employees track their work hours. There was also clarification made in regards to the collective bargaining agreements and how those employees covered by a collective bargaining agreement would be affected. Eight (8) Ayes by Mr. Bobeck, Mr. Haas, Ms. Houck, Mr. Kelleher, Mr. Stephen A. Urban, Mr. Stephen J. Urban, Mr. Williams, and Chairman McGinley Two (2) Nays by Mr. Brominski and Mr. Morelli Motion passed Motion to approve the final adoption of Ordinance as amended: Motion: Mr. Williams Second: Mr. Bobeck Eight (8) Ayes by Mr. Bobeck, Mr. Haas, Ms. Houck, Mr. Kelleher, Mr. Stephen A. Urban, Mr. Stephen J. Urban, Mr. Williams, and Chairman McGinley Two (2) Nays by Mr. Brominski and Mr. Morelli Motion passed Mr. Brominski apologized for his demand regarding Mr. Mitchell s background check. Mr. Stephen A. Urban stated that he would not have voted for him because he was running for mayor and should have removed his name. Ms. Houck asked Atty. Pedri to look into whether or not Mr. Mitchell can continue his additional employment. Luzerne County Council Meeting 6

7 Discussion regarding Security Summit: Mr. Haas explained that he had wished to provide the chance for dialog to take place in order to look for cost effective solutions to the crime issues of the County. He apologized for any wrong doing and stated that he wanted to take some proactive steps to do business better on a County level as well as the local jurisdictions. He added that there is little accountability held regarding the Section 8 program that is funded by the government. Mr. Brominski stated that Luzerne County used to be one of the top 15 Counties for conducting warrant arrests. He added that if more warrants were addressed there would be more crime prevented. Mr. Morelli commented that he respects what Mr. Haas is trying to do, but Council needs to focus on County issues. He stated that there is not much that can be done without more money being spent. He added that it all sounds good, but he can not see where it will lead. He stated that there is so much work to do and it looks political. He stated that he is for helping out with crime, but does not see the purpose in a Security Summit. Mr. Kelleher stated that he disagreed with the process of setting up the meeting. He added that he is concerned with the safety of the work places for County employees. He suggested that the Sheriff and the County Manager look into other security measures. Mr. Haas proposed that the County Manager ask the Division Heads for their input on the topic. County Manager Lawton stated that he would bring up the topic at the next Division Head meeting. He also suggested contacting the Criminal Justice Advisory Board stating that they would be a good place to start. Mr. Bobeck stated that there are many constraints and the built in resources need to be used. He added that he appreciates Mr. Haas and added that he can speak with whomever he would like. MOTION TO ADJOURN: Motion: Mr. Morelli Second: Ms. Houck All Ayes Meeting adjourned at 9:15 pm. Respectfully Submitted, Brittany M. Burgess Clerk of Council * Audio of this meeting can be found in its entirety on the County Council webpage or by contacting the Office of the Clerk of Council at (570) or via clerkcouncil@luzernecounty.org Luzerne County Council Meeting 7