Luzerne County Council is set to vote Tuesday on a budget transfer that closes out an ongoing legal dispute involving a property in West Pittston.
County council had voted last September to pay $585,000 toward the $650,000 purchase of a residential property on Susquehanna Avenue in West Pittston owned by Richard and Kimberly Hazzouri to settle litigation filed by the couple.
Filed in 2018, this litigation argued West Pittston did not adhere to requirements in a flood buyout program funded by disaster recovery assistance channeled through the county after record 2011 Susquehanna River flooding, preventing the Hazzouris from participating in the program.
The county plans to sell the property in an attempt to recoup the money spent on the settlement and get the property back on the tax rolls.
However, council voted in December and January to reject a lease that the Hazzouris said was part of the settlement so they could remain in the property while they secured a new residence. The first lease was up to two years for $200 per month, and the revised offer was a one-year lease at $1,700 per month, with an additional four-month option at $2,000 per month.
Several council members said they were never informed a lease was part of the settlement when they voted on the settlement purchase.
In response, the Hazzouris filed paperwork in federal court seeking enforcement of the settlement. Their filing asserted the lease was always a key part of the settlement negotiated by both sides and that the county’s decision to treat the lease as a separate action in public votes caused misleading media coverage that unfairly cast the couple in a negative light.
Contacted last week, Hazzouri said he is no longer seeking enforcement of the lease.
The county is scheduled to close on its purchase of the property before March 15, he said.
“The issue has been resolved,” Hazzouri said, declining further comment because the litigation is still technically pending.
Council’s Tuesday vote will transfer $600,000 from the county reserve fund to the special legal fund for the purchase.
While the county’s contribution toward the purchase is capped at $585,000, County Acting Manager Romilda Crocamo said the additional $15,000 is needed to cover flood insurance and other costs associated with the county’s temporary ownership of the property.
The Hazzouris initially named only West Pittston in their legal action, but the borough joined the county Office of Community Development (OCD) in the litigation.
After the property transfers to county ownership, the county will publicly advertise the property for sale and accept purchase offers, Crocamo said.
Tuesday’s council meeting starts at 6 p.m. in the county courthouse on River Street in Wilkes-Barre, with instructions for remote attendance posted under council’s public meetings online link at luzernecounty.org.
Other business
Council also is set to vote again on a tabled proposal to eliminate one of three public comment periods from its meetings.
Citizens currently have three opportunities to comment — before voting meetings on agenda items only and after both voting meetings and work sessions on any county matter. Each allotment is three minutes per person, allowing each individual up to nine minutes total.
The proposal before council would eliminate the second general public comment period at the end of voting meetings.
Also on the voting agenda is the nomination of a Republican to one seat on the five-citizen election board, which oversees elections, makes determinations on flagged ballots and write-in votes and certifies election results.
County council members had nominated Richard Nardone and Alyssa Fusaro on Feb. 22. Short two council members that evening, the vote was 5-4, with Nardone in the lead for reappointment. However, six votes are necessary for board appointments.
Both Nardone and Fusaro subsequently filed court petitions asking county judges to appoint them because county council did not select someone within 60 days — a recourse provided in the county’s home rule charter.
If council fills the seat Tuesday, county judges could choose to dismiss the petitions on the argument the matter is moot. Should the court choose to honor council’s appointment to the board, Nardone or Fusaro would have the option to appeal that decision to Commonwealth Court.
During the work session following Tuesday’s voting meeting, the county administration is scheduled to provide an update on the 911 emergency radio communication upgrade project aimed at addressing radio interference and spotty coverage.