LUZERNE COUNTY COUNCIL. May 6, :15 PM Council Meeting Room, County Courthouse Wilkes-Barre PA MINUTES

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1 LUZERNE COUNTY COUNCIL 7:15 PM Council Meeting Room, County Courthouse Wilkes-Barre PA MINUTES * Council met in an executive session at 6:30pm to discuss personnel matters and litigation. CALL TO ORDER The Luzerne County Council convened for a voting meeting in the Council Meeting Room on at 9:00 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-via telephone Robert Lawton, County Manager Edward Brominski C. David Pedri, Chief County Solicitor Elaine Maddon Curry Brittany Burgess, Clerk Harry Haas-via telephone Linda McClosky Houck Eugene Kelleher Tim McGinley Rick Morelli Stephen A. Urban Stephen J Urban Rick Williams PUBLIC COMMENT: Ed Gustitus (Kingston) commented on exempt and non-exempt status of employees, an article in the newspaper regarding human services wanting additional money, the charging of $0.25 for printing pages, the Zalenski trial, selection of Division Heads, authorities, and getting down to business. Richard Hefferon (Dallas Township) commented on the exempt service employees. He inquired as to what they are exempt from. He added that politics need to be taken out of the situation and everyone should be treated the same. Malcolm Hudgeon (Kingston) addressed the issues regarding Minsec in Hazleton. He stated that there is no supervision there. He added that the nomination tonight seems odd. Renee Ciaruffoli-Taffera (Larksville) stated that she attended a Pittston City meeting and realized the importance of obtaining grants for funding. She inquired as to the status of the County grant writer. She also addressed the $2.3 million overage of last year s budget. She suggested the creation of a Budget and Finance Committee and questioned what is going to be done about the over spending last year. Kathy Dobash (Hazleton) commented that the overspending is an important issue and needs to be addressed. She also commented on the lack of response that she is receiving from the Solicitor s Office. She stated that she has requested Council s through the Right-to-Know request. She added that she has filed an appeal regarding that request. She also stated that deliberations should be done in public not via between meetings. Betsy Husain (Lehman Township) requested a status update on the records storage in the Thomas C. Thomas Building. She also inquired as to a Records Retention officer or policy being Luzerne County Council Meeting 1

2 put in place. She also commented on the public input that was intended with Home Rule. She addressed the changes of the public meetings since Home Rule was put in place. Mr. Morelli responded to comments stated that there needs to be a flow for information and that would require more Committees. He asked that the public not loose faith in the government because the problem is not the government it is the Council. Frank DeAndrea (Police Chief of the City of Hazleton) commented on the appointment of Mr. Nesbitt that would be voted on by Council. He stated that he would like to set the record straight regarding Minsec and Mr. Nesbitt adding that Minsec has never had charges filed against them and has always received outstanding marks from the Department of Corrections. He also described the cooperation he received from Mr. Nesbitt to provide more peace of mind to the community regarding Minsec. He stated that he could think of no one better to fill the position and that Mr. Nesbitt knows how the Department of Corrections can affect the community. Mr. Stephen A. Urban responded to the comments made about the overspending stating that a quarterly review should be done by the Controller separate from the County Manager. He added that he would do that if we were Controller. He also recommended the creation of a Budget Committee. Mr. Urban also commented on the charging for paper copies of s stating that it is wrong to charge for paper copies if they are available in electronic form. He also addressed the meeting minutes stating that the minutes should reflect what is said and that there is no reason the minutes can not be verbatim. Mr. Urban responded to the comment on records storage stating that a storage facility is needed. COUNTY MANAGER REPORT/UPDATES: County Manager Lawton stated that the revenues and expenditures of the first two months was submitted to Council and is available on the County website. He also stated that he will be submitting the First Quarter Financial Report to Council at the next meeting. Manager Lawton added that all approved contracts and personnel transactions are also listed on the County website. He announced that he has selected Mr. Adrian Merolli, Director of Planning and Zoning, as the designated Acting County Manager should the County Manager not be able to perform his duties. Manager Lawton informed Council and the public that there would be a Flood Proofing Session on May 8 th and that the spraying for the black flies is scheduled to begin tomorrow. He also stated that he posted a memo on the County website this afternoon regarding the Right-to-Know request of s that announces that it is in the best interest of public policy for electronic documents to be furnished on a CD for a small fee. Chairman McGinley asked Manager Lawton to respond to the comment made regarding the County grant writer. Manager Lawton responded that Michele Sparich is the current grant writer. He stated that she works with all of the County departments to write their grants and that the Division Heads and Department Heads need to fish in all of the right places to find grant opportunities. Chairman McGinley Introduced Chief County Solicitor C. David Pedri as he would be serving as the solicitor at the Council meetings from now on. He also thanked Atty. David Schwager for his time spent acting as the solicitor at previous Council meetings. COUNCIL MEMBER COMMENTS: Mr. Brominski thanked the public for their input on the Black Fly program. He also addressed the presenting of an award and cake for retirees. He inquired if this would be an ongoing practice as it should be done for everybody if it is done for one. He also asked for the added cost to prepare new ballots. Mr. Brominski commented on the meeting minutes stating that he also feels that they should be verbatim. He asked the solicitor to prepare a statement regarding the Budget Luzerne County Council Meeting 2

3 Director being able to sit on the Retirement Board given that he is not a resident of the County. He asked that Charter Commission members be interviewed to determine the intent regarding residency of the Budget Director if being required to sit on the Retirement Board. Ms. Houck stated that the ABC Committee held interviews prior to the meeting tonight. She added that there was no formal meeting held, though members of the public were present for the interview session. Mr. Morelli commented that there will be an Audit Committee Meeting held on Thursday at 5:30pm. He added that there will be no public members on the Committee. He also stated that he asked the Controller to attend the Council meeting to answer some questions that Council would like answers to. He added that he will respect the opinion given to Council from the solicitor, but feels that Council does have the right to ask questions. Mr. Morelli requested that a motion to create a Budget Committee be put on the agenda for the next meeting. Mr. Haas reported on the Great American Clean-up. He stated that the environment was left a lot cleaner. He thanked those who participated for volunteering their time. He also mentioned that a couple groups had contacted him regarding making a presentation before Council. Mr. Williams commented on the $2.3 million shortfall stating that it was difficult to understand due to the ACS System. He inquired as to the progress of the New World System. County Manager Lawton stated that the New World System would be online for July 1 st. Mr. Williams also stated that part of the issue regarding compliance of the Right-to-Know requests for s is that s are not able to be posted online. Motion to express Council s desire to place all of Council s s on the County website and to request the County Manager to present a plan to do so or an analysis of the legal, financial, or technological issues that would prevent or significantly delay posting s on the website: Motion: Mr. Williams Second: Mr. Kelleher Chairman McGinley informed all that Council had agreed to put their s on the website previously, but there was never a formal motion made. Ms. Curry expressed that she feels it is a good idea and that Council is not breaking any laws. She added that they should be available for all to see. Motion to amend the motion made by Mr. Williams to add a deadline of 45 days: Motion: Mr. Brominski Second: Mr. Stephen A. Urban Mr. Stephen J. Urban expressed his concern of privacy for citizens that may Council with private issues. Discussion ensued as to which s would be placed on the website. The issue of s from citizens being put on the website was addressed. The cost of determining which s would be posted to the website was also discussed. days: Vote on the amendment to the motion made by Mr. Williams to add a deadline of 45 Motion Passed Vote on the motion made by Mr. Williams to now read: Motion to express Council s desire to place s amongst Council members on the County Website and request the County Manager, within 45 calendar days, to present a plan to do Luzerne County Council Meeting 3

4 so or an analysis of the legal, financial, or technological issues that would prevent or significantly delay posting s on the website: Motion Passed Mr. Stephen J. Urban thanked the public for their patience while Council was in executive session. County Manager Lawton informed Council that there was no additional cost to correct the vote ballots as it was corrected before the ballots were printed. He added that the issue was resolved quickly and without cost. MINUTES: Motion to approve April 23, 2013 Council meeting minutes: Motion: Ms. Curry Second: Ms. Houck Mr. Morelli made an addition to the minutes to acknowledge that, after the opinion of the Council Solicitor: At any time in any past County Council meeting minutes, where the name Thurman Guamp is reflected, the person being referred to is, in fact, Mr. Charles Olah. Discussion ensued as to the opinion from the solicitor. Ms. Houck made a clarification of the minutes in the section regarding the Flood Protection Authority. Motion to approve the minutes with the two named corrections: Motion: Ms. Curry Second: Ms. Houck Ayes with one (1) Nay by Mr. Brominski One (1) abstention by Mr. Stephen A. Urban stating the he never voted to approve any of the past minutes. Minutes approved. (NOTE: After the opinion of the Council Solicitor: At any time in any past County Council meeting minutes, where the name Thurman Guamp is reflected, the person being referred to is, in fact, Mr. Charles Olah.) EXECUTIVE BRANCH: Approval of a Resolution to confirm the settlement of pending litigation. Motion to approve a resolution to confirm the settlement of the pending litigation: Motion: Mr. Williams Second: Ms. Houck Chairman McGinley stated that Council had been briefed previously in executive session regarding the litigation. Atty. Pedri stated that, because it is a settlement issue, information given on the matter must be done in a closed session. Seven (7) Ayes by Ms. Curry, Mr. Haas, Ms. Houck, Mr. Kelleher, Mr. Stephen J. Urban, Mr. Williams, and Chairman McGinley Two (2) Nays by Mr. Brominski and Mr. Stephen A. Urban Luzerne County Council Meeting 4

5 Two (2) abstentions by Mr. Bobeck and Mr. Morelli, both stating that they were not at that executive session Motion Passed Resolution Approved. Confirmation by Resolution of Division Head Candidate. o County Manager Lawton stated that funding for Division Heads was not available until He added that the position of Division Head of Administrative Services was advertised at the national, state, and local levels which yielded 44 applications. A panel reviewed the top 6 candidates and recommended their top 3 to be interviewed by the County Manager. Manager Lawton stated that after interviewing the applicants, he is submitting for approval Mr. David Parsnik to fill the position of Administrative Services Division Head. Motion to approve a resolution confirming the appointment of Mr. David Parsnik for the position of Administrative Services Division Head: Motion: Mr. Kelleher Second: Mr. Williams Mr. Morelli expressed that he would like an additional week to review the information presented on the candidates. He added that he still has questions. Motion to table the confirmation of both candidates until the May 14 th Council meeting: Motion: Mr. Morelli Second: Mr. Brominski Four (4) Ayes by Mr. Brominski, Mr. Morelli, Mr. Stephen A. Urban, and Mr. Stephen J. Urban Six (6) Nays by Ms. Curry, Mr. Haas, Ms. Houck, Mr. Kelleher, Mr. Williams, and Chairman McGinley *Mr. Bobeck was disconnected at the time of the vote. Motion Failed 4-6 Mr. Brominski commented that the Division Heads should have been appointed last year regardless of the availability of funding. He also stated that Mr. Parsnik applied for several other positions and previously used a County vehicle illegally until he was informed that he should not be using it. Ms. Houck asked County Manager Lawton to clarify the merit hiring process used in the selection of the candidate. County Manager Lawton responded that the applications were received by the Human Resources Department. They were then screened to have the names and identifying information redacted, reviewed for minimum qualifications, and interviewed by a panel. The candidates were then interviewed by the County Manager after recommendation by the panel. Ms. Houck stated that Council was not involved in the process at all until a final candidate is submitted for confirmation and does not know who actually applied. Mr. Brominski questioned how a specific candidate, Carolee Medico, did not supersede all of the others if the names were redacted. Luzerne County Council Meeting 5

6 Mr. Kelleher questioned how Mr. Brominski was aware of the name of an applicant. Mr. Morelli stated that he can not vote for Mr. Parsnik due to receiving the information late on Friday. Mr. Stephen A. Urban stated that he did not vote for Mr. Parsnik in the past, but has changed his mind after seeing Mr. Parsnik s performance in the County. Seven (7) Ayes by Ms. Curry, Mr. Haas, Ms. Houck, Mr. Kelleher, Mr. Stephen A. Urban, Mr. Williams, and Chairman McGinley Two (2) Nays by Mr. Brominski and Mr. Morelli One (1) Abstention by Mr. Stephen J. Urban stating that he had worked with Mr. Parsnik in the past at Frontier Communications *Mr. Bobeck was disconnected at the time of the vote. Motion Passed Resolution Approved. o County Manager Lawton stated that funding for Division Heads was not available until He added that the position of Division Head of Correctional Services was advertised at the national, state, and local levels which yielded 39 applications. A panel reviewed the top 5 candidates and recommended their top 2 to be interviewed by the County Manager. Manager Lawton stated that after interviewing the applicants, he is submitting for approval Mr. J. Allen Nesbitt to fill the position of Correctional Services Division Head. Motion to approve a resolution confirming the appointment of Mr. J. Allen Nesbitt for the position of Correctional Services Division Head: Motion: Mr. Williams Second: Ms. Curry Mr. Brominski expressed his concern regarding two of the interviewers having a personal connection to the candidate. He added that they should have withdrawn from the interview process. County Manager Lawton stated that the selection of the interview panel is independent of the screening process and could, in no way, have been planned. Mr. Brominski questioned the lack of Luzerne County professionals on the interview panel. Mr. Kelleher stated that two names were presented to the County Manager for recommendation. Ms. Curry commented that she had some concerns prior to the executive session and thanked Mr. Nesbitt for his candor. Mr. Kelleher stated that his mind had been changed and that he was impressed with Mr. Nesbitt. Mr. Morelli commented that he had some questions and that there were some red flags. He added that the questions were handled well and he respects the Luzerne County Council Meeting 6

7 input from Chief DeAndrea, but he would not vote for him because he still has questions. Mr. Stephen A. Urban explained that he could not vote for Mr. Nesbitt due to his past record. He stated that issues happened on Mr. Nesbitt s watch and the public can not go along with the appointment. He added that the interviewers who knew Mr. Nesbitt should not have participated in the interview. Six (6) Ayes by Mr. Bobeck, Ms. Curry, Ms. Houck, Mr. Kelleher, Mr. Williams, and Chairman McGinley Five (5) Nays by Mr. Brominski, Mr. Haas, Mr. Morelli, Mr. Stephen A. Urban, and Mr. Stephen J. Urban Motion Passed 6-5 Resolution Approved. INTRODUCTION OF ORDINANCE : Ms. Houck explained that the ordinance is to amend the Personnel Code regarding the language of the exempt, non-exempt, and civil service employee statuses. Discussion ensued as to if the Clerk of Council position is included in the exempt service group of employees or non-exempt service group of employees. Atty. Pedri suggested that the job description be reviewed to determine if it describes an exempt employee. Mr. Williams suggested adding a sentence to the ordinance stating that the Clerk of Council is an exempt service position. Atty. Pedri suggested tabling the introduction of the ordinance to review the matter. Motion to table the introduction of Ordinance : Motion: Ms. Houck Second: Ms. Curry Motion Passed Unanimously Introduction of Ordinance will be addressed at the next Council meeting. MOTION TO ADJOURN: Motion: Mr. Morelli Second: Ms. Curry Meeting adjourned at 10:28 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