Home rule study question vote listed on Tuesday’s Luzerne County Council agenda

Luzerne County Council is set to vote Tuesday on introducing an ordinance that would place a home rule study question on the Nov. 7 general election ballot, the agenda says.

Ordinance introduction is only the first step. Council would then have to hold a public hearing and approve the ordinance at a subsequent meeting for the question to appear on the ballot.

The agenda says council will be voting on the same question a majority had rejected in January, which asks voters if they want to convene a seven-citizen commission to assess the home rule charter and recommend whether to keep it, revise it, try a different structure or revert back to the prior three-commissioner system.

If the question appears on the ballot, citizens would have to run for the seven commission seats on Nov. 7. The top vote-getters would only serve if voters approve the ballot question.

Council members voting against the ballot question in January had argued they should have an opportunity to bring suggested home rule improvements to voters without risking a study commission recommendation to return to the old structure. However, some council members have since pointed out the county law office informed them their suggested charter alterations, such as reducing the size of council, were structural changes that can only be advanced through formation of a study commission.

Aug. 8 is the last possible day for council to file a ballot question ordinance with the county election bureau for placement on the Nov. 7 ballot, the law office has said.

County Controller Walter Griffith supports the study commission ballot question but sent council an email Saturday maintaining there is not enough time to complete all required ordinance steps before Aug. 8.

Griffith also questioned council’s ability to place the question on the Nov. 7 general ballot because council already had approved a general election ballot question asking voters if they want to amend the charter and reconstitute the county election board.

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

County airport

Council’s Tuesday’s agenda includes votes on two matters involving the county-owned Wyoming Valley Airport in Forty Fort and Wyoming.

The first is a lease renewal with Valley Aviation Inc., the facility’s longtime fixed base operator.

The second is a $6 million federal American Rescue Plan earmark to address capital improvements at the airport required to “ensure safety guidelines are met,” the agenda said.

“The council may choose not to approve this resolution, which would leave the airport in a bad state, potentially opening us up to litigation if there is injury or malfunction due to needed improvements at the airport,” the agenda said.

Councilman Kevin Lescavage and others have expressed support for investment in the airport.

Litigation settlement

Approval of a $10,000 litigation settlement also is on Tuesday’s agenda to resolve a legal action filed by Jeremy Cieniawa, the agenda said.

Cieniawa alleged “various constitutional violations arising out of two incidents while incarcerated at the Luzerne County Correctional Facility,” it said, adding settlement is recommended to avoid spending more money and time on the litigation defense.

Capital budget

Council is slated to introduce an ordinance to deposit $1.38 million in unencumbered funds from the 2022 audited surplus into the dwindling county capital projects fund.

Without this infusion, the capital projects fund has an approximately $1.5 million balance not earmarked for other projects. The proposed annual capital plan, which must be adopted by council Sept. 1, suggests spending the remaining $1.5 million to replace windows at the county-owned Penn Place building in Wilkes-Barre and resurface pavement at the county road/bridge warehouse and voting machine warehouse on Reichard Street in Wilkes-Barre.

Work session

A presentation on the county’s 2022 audit is scheduled for Tuesday’s work session, which follows the voting meeting.

The administration also will present options for a public relief program funded with a $5 million American Rescue allocation previously authorized by council. Research was underway on the logistics of providing heating and utility assistance or direct payments to income-eligible residents.