Luzerne County Council August 22, 2017 Luzerne County Court House Council Meeting Room 200 N. River Street Wilkes-Barre, Pa

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1 Luzerne County Council August 22, 2017 Luzerne County Court House Council Meeting Room 200 N. River Street Wilkes-Barre, Pa Minutes Voting Session Call to Order The Luzerne County Council convened for a Voting Session in the Council Meeting Room of the Luzerne County Courthouse on Tuesday, August 22, 2017 at 6:10 PM. The meeting was called to order by Vice-Chair Tim McGinley. Pledge of Allegiance and Moment of Silence Roll Call Present Edward A. Brominski Kathy Dobash Harry Haas Eugene Kelleher Tim McGinley Robert Schnee Eileen Sorokas Stephen A. Urban Jane Walsh Waitkus Rick Williams Also Present C. David Pedri, Esq., County Manager Romilda P. Crocamo, Esq., Chief County Solicitor Sharon Lawrence, Clerk of Council Absent Linda McClosky Houck Recognitions/Ceremonial Proclamations None Additions to/deletions from Voting Session Agenda Ms. Dobash requested to add to the Voting agenda consideration of (2) motions she hand wrote and copied in regard to the Charter Section 2.09 B9 and Section 2.09 B3. Mr. McGinley stated it would be added to the agenda as Item 7 (and Item 7a). Luzerne County Council Voting Session August 22, 2017 Page 1 of 6

2 County Manager Pedri requested to add the introduction of an ordinance adopting the Long-Range Operational, Fiscal, and Capital Plan. This would not require a vote by Council. Mr. McGinley stated it would be added to the agenda as Item 3a. Chief County Solicitor Ms. Crocamo requested to move item 9 from the Work Session Agenda to the Voting Session Agenda regarding PennDOT because of timing issues. Mr. McGinley stated it would be added to the agenda as Item 8. Adoption of Voting Session Agenda Motion to Adopt: Ms. Waitkus Second: Mr. Schnee Ten (10) Ayes Unanimous The Voting Session Agenda is adopted (10-0) Public Comment on Voting Session Agenda Items Tom Kashatus (Glen Lyon) stated he was present because of the White Have Center issue and House Bill Mr. Kashatus gave Mr. McGinley a copy of a letter with a picture of his daughter Maria that was submitted to and published by the Times Leader and Citizens Voice. He read a paragraph or two from the letter and spoke about his daughter and how the White Haven Center has helped her. Ed Chesnovitch (Jackson Township) spoke about the Piazza settlement and asked what the amount was and if he has already agreed to it. Ms. Crocamo responded and stated the amount was $56, and that Mr. Piazza would agree to that. Jim and Judy Clark (Plymouth Township) stated that his wife s brother George is a resident of the White Haven Center and passed out photos of George to Council. Jim and Judy spoke of other centers and how they compared to the White Haven Center. They spoke about how the White Haven Center has helped George and asked Council to vote to help keep the White Haven Center open. Walter Griffith (Trucksville) commented on the Capital Plan Ordinance, the introduction of it and the timeframe for holding a public hearing and voting on it. Mr. Griffith stated that it violates the Charter and that is wrong. Charles Olah (Kingston) commented on the Capital Plan and that it does not comply with the Charter. It should be rejected. Mark Rabo (Hazleton) commented on the White Haven Center and suggested that the people who spoke about it write their state representatives and governor. Mr. Rabo agreed with the other speakers that the Capital Plan is it is in violation of the Charter and that the Charter does not have any accountability written into it. Mr. Rabo spoke about the bond refinancing and that the money from it should not go to the energy project. Luzerne County Council Voting Session August 22, 2017 Page 2 of 6

3 1. Motion to approve minutes of the August 8, 2017 meeting Motion by: Mr. Williams Second: Ms. Waitkus Seven (7) Ayes by Mr. Haas, Mr. Kelleher, Mr. McGinley, Mr. Schnee, Ms. Sorokas, Ms. Waitkus, and Mr. Williams Three (3) Nays by Mr. Brominski, Ms. Dobash, and Mr. Stephen A. Urban Motion Passed (7-3) The August 8, 2017 Meeting Minutes are Adopted 2. Motion to adopt resolution approving the settlement of pending litigation in the matter of Leonard Piazza v. County of Luzerne Motion by: Mr. Williams Second: Mr. Kelleher Council members raised questions that Ms. Crocamo stated should be addressed in Executive Session. Motion to recess for Executive Session by: Mr. Haas Second: Mr. Kelleher Ten (10) Ayes Unanimous Council recessed for Executive Session 6:44PM to 7:11PM Vice-Chair Mr. McGinley called the meeting back in session. Five (5) Yes by Mr. Kelleher, Mr. McGinley, Mr. Schnee, Ms. Waitkus, and Mr. Williams Five (5) No by Mr. Brominski, Ms. Dobash, Mr. Haas, Ms. Sorokas, and Mr. Stephen A. Urban Resolution Failed (5-5) 3. Motion to adopt resolution approving the settlement of pending litigation in the matter of Welles Street Associates, L.P., v. Luzerne County Board of Assessment Appeals, et al. Motion by: Mr. Williams Second: Mr. Stephen A. Urban Eight (8) Yes by Mr. Haas, Mr. Kelleher, Mr. McGinley, Mr. Schnee, Ms. Sorokas, Mr. Stephen A. Urban, Ms. Waitkus, and Mr. Williams Two (2) No by Mr. Brominski and Ms. Dobash Resolution is Adopted (8-2) ADDED 3a. Automatic introduction of Capital Plan ordinance by County Manager Pedri. Luzerne County Council Voting Session August 22, 2017 Page 3 of 6

4 4. Motion to adopt ordinance amending the Luzerne County Zoning Map to re-zone parcels of property in the Borough of Luzerne from a Two Family Residential (R-2) and Community Business (B-2) Zones to a General Business District (B-4) DELETED from Agenda (Public Hearing was cancelled) 5. Motion to adopt resolution authorizing the County Manager to execute a Lease Agreement Renewal Option for years 2017 through 2018 with Susquehanna Properties Management for an Active Adult Center located at 1158 Twin Stacks Drive, Dallas Motion by: Mr. Kelleher Second: Mr. Williams Ten (10) Yes Unanimous Resolution is Adopted (10-0) 6. Motion to adopt resolution in opposition of House Bill 1650 of 2017 (the closing of the White Haven Center - Schnee) Motion by: Mr. Schnee Second: Ms. Dobash Ten (10) Yes Unanimous Resolution is Adopted (10-0) 7. Motion to initiate the investigative powers of County Council, as provided in Section 2.09 B9 of the Luzerne County Home Rule Charter, into the events leading to the deaths of three female inmates over a two month period in June and July 2017 (Dobash) Motion by: Ms. Dobash Second: Ms. Sorokas Ms. Dobash stated she received a 7 page letter from a female inmate regarding prison medical services and provided copies of the letter to Council. Four (4) Yes by Mr. Brominski, Ms. Dobash, Ms. Sorokas, and Mr. Stephen A. Urban Six (6) No by Mr. Haas, Mr. Kelleher, Mr. McGinley, Mr. Schnee, Ms. Waitkus, and Mr. Williams Motion Failed (4-6) ADDED: 7a. Motion to initiate the process to create a Luzerne County Prison Oversight Committee as provided by in Section 2.09 B3 (Dobash) Motion by: Ms. Dobash Second: Ms. Sorokas Luzerne County Council Voting Session August 22, 2017 Page 4 of 6

5 Five (5) Yes by Mr. Brominski, Ms. Dobash, Mr. Haas, Ms. Sorokas, and Mr. Stephen A. Urban Five (5) No by Mr. Kelleher, Mr. McGinley, Mr. Schnee, Ms. Waitkus, and Mr. Williams Motion Failed (5-5) ADDED: 8. Motion to adopt resolution authorizing the County Manager to execute an agreement between Luzerne County and the Pennsylvania Department of Transportation to transfer a certain parcel located in Butler Township Motion by: Mr. Kelleher Second: Mr. Schnee Mr. Stephen A. Urban would like the money received from the transfer ($ ) to go into the Reserve Fund. Motion to Amend Resolution by: Mr. Stephen A. Urban Second: Ms. Sorokas Vote on Amendment: Ten (10) Ayes Unanimous Resolution is Amended (10-0) Roll Call Vote on Amended Resolution: Ten (10) Yes Unanimous Resolution is Adopted (10-0) Public Comment Collyn Hinchey (Wilkes-Barre) commented on the recent inmate deaths at the Luzerne County Correctional Facility and stated she spoke about it at the last Council Meeting as well. The issue regarding mental health screening at the prison was not originally on the agenda tonight and she was glad to see the subject added. Ms. Hinchey hopes that the matter will continue to be addressed at future meetings and offered suggestions as well her time to help with a solution. Mark Rabo (Hazleton) suggested that instead of an investigation, an inquiry be done on the inmate deaths as allowed by the County Charter. He suggested an inquiry be done for Children & Youth as well. Mr. Rabo questioned overtime at the prison and answered a council member question stating that a Council member can serve on the Prison Oversight Board and cited the applicable statute. Charles Olah (Kingston) feels there is confusion on financial definitions and stated that once a budget is done it is done and provided further explanation. Walter Griffith (Trucksville) commented on the Capital Plan and how it is in violation of the Charter. The Charter needs to be enforced. Mr. Griffith questioned the hourly rate and total cost for PFM. Mr. Griffith also spoke about a prison survey, the White Haven Center, the Bylaws, the ACE Commission and the Mid-Year Plan. Ed Chesnovitch (Jackson Township) commented on the Piazza Settlement and the White Haven Center. Luzerne County Council Voting Session August 22, 2017 Page 5 of 6

6 Motion to adjourn: Mr. Kelleher Second: Mr. Stephen A. Urban Ten (10) Ayes - Unanimous Meeting Adjourned at 7:55 PM Respectfully Submitted, Sharon Lawrence 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 to sharon.lawrence@luzernecounty.org Luzerne County Council Voting Session August 22, 2017 Page 6 of 6