Click here to subscribe today or Login.
Luzerne County Council advanced a proposed May 17 primary election ballot question Tuesday that would ask voters if council can have its own solicitor instead of relying on the county’s law office.
A ballot question would be necessary to alter the county’s home rule charter and allow the change.
Seven of nine council members attending Tuesday’s meeting approved the first step in getting the question on the ballot by introducing the ordinance — an indication the ordinance has majority support for final passage at a subsequent meeting.
Drafters of the county’s voter-approved, home rule structure had argued the creation of a unified law division to represent all county officials and departments would end litigation between county departments and allow the lawyers to represent the county as a whole instead of individual branches.
Councilman Stephen J. Urban said he sponsored the ordinance, even though efforts to place the question on the ballot had been rejected in the past, because he believes it is time to “let the people decide.”
Council Vice Chairman John Lombardo said he supports the ballot question, pointing out other elected legislative bodies have their own legal counsel. The matter is among some charter provisions warranting reconsideration now that home rule has been in effect for a decade, he said.
McGinley, Perry opposed
Council members Tim McGinley and Chris Perry were the lone votes against the ordinance introduction.
McGinley said charter drafters had discussed the rationale for a central law division at length, and he agrees with their reasoning.
Perry said he was never a proponent of council having its own legal counsel and believes it “will hurt the county and county pocketbook.”
Councilman Gregory Wolovich Jr. said he believes voters should have a say in the matter.
Also supporting the ordinance introduction were Brian Thornton, Kevin Lescavage, LeeAnn McDermott and Chairwoman Kendra Radle. Councilman Robert Schnee was absent.
The remaining council seat is vacant because Walter Griffith is now county controller.
Council voted Tuesday to declare his seat vacant and agreed to follow the past practice of publicly advertising the opening and interviewing applicants before choosing a Republican replacement.
No vote
In other business Tuesday, there were not two council members willing to make the motion and second required to vote on a proposed lease associated with the settlement of 2018 litigation that had been filed by Richard and Kimberly Hazzouri. Council discussed the matter in closed-door executive session before Tuesday’s meeting.
The litigation argued West Pittston did not sufficiently advertise a flood buyout program funded by disaster recovery assistance channeled through the county after record 2011 Susquehanna River flooding, county officials said.
County council had voted in September to pay $585,000 toward the $650,000 purchase of the Hazzouris’ residential property on Susquehanna Avenue in West Pittston to close out the litigation. However, council unanimously voted in December to deny a lease allowing the Hazzouris to remain in the property for up to two years for $200 per month while they secure a new residence.
The new revised lease that council did not bring to a vote Tuesday would have allowed the Hazzouris to lease the property for one year at $1,700 per month and provide an additional four-month lease option at $2,000 per month, the agenda said.
Prior county councilwoman Linda McClosky Houck submitted an email read during Tuesday’s meeting urging council to reject the revised lease, arguing in part that council had not been informed of a lease before it voted on the purchase in September. Griffith made the same point during public comment Tuesday.
It’s possible the plaintiffs will now file a motion in federal court seeking enforcement of the settlement agreement.
Council also unanimously voted Tuesday to reappoint N. Brian Caverly to the county Planning Commission and Leon Schuster to the county Zoning Board.
Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.