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Back Mountain Community News

Capital plan, litigation settlements on Tuesday’s Luzerne County Council agenda

Dallas Post · May 22, 2022

Luzerne County Courthouse File photo

Luzerne County’s annual capital plan doesn’t propose new projects because the fund is essentially drained, the document says.

Up for introduction at Tuesday’s council meeting, the plan must be submitted by June 1 under the county’s home rule charter.

The capital fund came primarily from past borrowing, periodically bolstered with one-time revenue receipts.

In his last proposed capital plan before leaving last year, prior county manager C. David Pedri had reiterated the capital funds were “quickly dwindling” and recommended only two new projects involving elevator work and column repairs at the Bernard C. Brominski Building near the courthouse in Wilkes-Barre.

This year’s proposed plan indicates only $276,206 in unencumbered funds are remaining. The administration proposes placing those funds in an emergency building fund to cover unanticipated problems and needs.

Approximately $11 million had been in the fund in 2016, the plan said. Dozens of projects, small and large, have been completed since then, including computer upgrades, building and parking lot repairs, elevator updates, roof replacements, courthouse restoration and security enhancements at the aging county prison on Water Street in Wilkes-Barre, it says.

Following past practice, the proposed capital plan also lists road/bridge and infrastructure projects to be funded with grants, federal Metropolitan Planning Organization transportation allocations, landfill fees and other segregated accounts for roads and bridges.

The following county-owned road projects are on the roster, it said: Oak Hill and Church roads in Wright Township; Broadway Road in Ross and Union townships; and Ransom Road in Dallas and Franklin townships.

Replacement of the following bridges or culverts also are listed in the plan: Heslop Road, Rice Township; Ftorkowski Road and Cherry Hill Road, Huntington Township; Chicks Lane, Black Creek Township; Stout Road, Nescopeck Township; Belles Hill Road, Union Township; and Beach Grove Road, Salem Township.

A county-owned building near the Wyoming Valley Airport in Forty Fort also is slated for remodeling, at a cost of $4 million, to be funded through Solid Waste Department landfill fees, the plan says.

The proposed capital plan does not address work approved or proposed for completion using federal American Rescue Plan funding, such as prison repairs and information technology projects.

Council has until Sept. 1 to make changes or adopt the plan as is.

Tuesday’s voting meeting starts at 6 p.m. at the county courthouse on River Street in Wilkes-Barre, with instructions for remote attendance posted under council’s online meetings link at luzernecounty.org.

Two public hearings will precede the voting meeting starting at 5:40 p.m. regarding a budget amendment and a proposed amendment to council’s administrative code.

The proposed code change would require six of 11 council votes to form an inquiry committee. The council-adopted code currently requires seven votes — a majority plus one — for such an action. Council plans to vote on the code amendment during Tuesday’s voting meeting.

Pending litigation

Three litigation settlements are slated for a council decision Tuesday.

Meeting documents present the following settlement amounts and litigation details:

• $100,000 to settle litigation Kareliz Nin filed against the county and county Children and Youth. Nin had filed a complaint in federal court alleging “improper handling of information and the case in general” related to a child identified as C.N.

• $15,000 to settle litigation Mark Baynock filed against the county in the county Court of Common Pleas last year alleging he was improperly terminated from his county correctional officer position.

• The settlement for litigation filed by Eugenia Galli is $66,164.28 in addition to monthly insurance payments for her medical insurance under COBRA until June 2023 and payment of her dental and vision insurance until April 2023.

Galli’s claim is against the county, county Mental Health and Developmental Services and Amy Tomkoski. Galli had filed an appeal request with the State Civil Service Commission, a complaint with the Pennsylvania Human Relations Commission, a complaint with the Equal Employment Opportunity Commission and a writ in the county Court of Common Pleas in 2020 “generally alleging discriminatory employment practices.”

Two more legal settlements are listed on Tuesday’s work session agenda following the voting meeting. Council would have to vote on those two at a future meeting.

According to the meeting agenda, the first would resolve litigation filed against the county in 2015 by family members of the late Marla Hunter alleging she suffered harassment by a supervisor during her county employment and that “such actions and failure of the county to act and rectify the situation led to Ms. Hunter’s death.”

The family is not seeking payment. Instead, the $10,000 settlement must be used to produce a two-hour educational production on diversity, with a focus on LGBTQ issues and anti-bullying, the county resolution said. This production must be presented to all county employees within 60 days of its completion, it said.

In the second work session settlement matter, the county would pay $5,000 to close out litigation Laurie Hughes filed against the county and Wilkes-Barre in the county Court of Common Pleas in 2019 related to injuries allegedly sustained on the sidewalk and Water Street in front of the county prison, the county resolution said.