Luzerne County Council approves public relief plan with federal American Rescue funding

As part of a promised public relief program, Luzerne County Council agreed Tuesday to direct $5 million in federal American Rescue Plan funds to two programs administered by the Commission on Economic Opportunity.

Council earmarked $2.5 million each to the Whole-Home Repairs and Heating and Utility Assistance programs.

The Whole-Home program provides funds to income-eligible homeowners to complete repairs or projects that improve health, safety and habitability, energy or water efficiency or access for those with disabilities.

Prior to the county allocation, an estimated 112 homes were expected to receive funds of up to $24,999 with the $3.24 million state funding already earmarked for this program. Based on prior estimates, approximately 90 more homeowners could receive funding with the additional $2.5 million county allocation.

The Heating and Utility Assistance Program provides $290 in assistance to eligible homeowners and renters. More than 7,000 households could receive assistance with an additional $2.5 million allocation, according to past projections.

All 10 council members in attendance supported the allocations.

County officials ruled out an idea to provide direct payments to property owners because the county has no means to independently screen hundreds or possibly thousands of residents to determine if they are eligible, officials said.

Reserve

With approval from all 10 council members, the county’s contingency reserve was bolstered with $18,789 from state Election Integrity Grant reimbursement the county received for non-election staff assisting in elections.

The pot of money for unforeseen emergencies had been $1.23 million last year, but a council majority reduced the 2023 reserve to $245,000 to help keep the real estate tax increase below 3%. Council subsequently boosted the contingency to more than $615,000 with transfers from an unemployment compensation dividend and state special election reimbursement.

However, a portion of the contingency must be now be tapped to shore up the county’s litigation fund.

An ordinance was introduced Tuesday to transfer $300,000 from the contingency to the law division due to increased costs for past litigation settlements.

The county’s budget/finance division originally proposed a $200,000 transfer to the law division, but county Councilman Tim McGinley convinced his colleagues Tuesday to raise the amount to $300,000. County Chief Solicitor Harry W. Skene told council the “special legal services” budget will be depleted by the end of August if the transfer is only $200,000.

Skene has said the budget went over because he expected a large $390,000 legal settlement council approved earlier this year would be funded through another source in the general fund operating budget, but it came out of his special legal allocation.

That settlement went to the estate of a county prison inmate who died of suicide while incarcerated in 2018.

For ordinances to take effect, council must hold a public hearing and vote at a future meeting.

A portion of the reserve also may be used to help fund courtroom projects along with the capital projects fund and funds left from past borrowing for energy savings.

The court is seeking a $415,000 allocation for repairs, restoration and other work in courtrooms.

Council introduced an ordinance Tuesday that would provide $318,346 from the capital projects fund and $55,755 from the energy savings bond proceeds. Another ordinance covering the remaining portion from the reserve will be up for introduction at a future meeting.

Council replenished the capital projects fund Tuesday with $1.38 million in unencumbered funds from the 2022 audited surplus. Before this allocation, the capital fund had $1.5 million remaining, according to county reports.

Vehicle fee

Skene informed council the state is willing to process $5 vehicle registration fee overpayments as unclaimed property so impacted residents have a means to recoup a refund.

The county halted the fee the end of 2021 and later learned more than 30,000 vehicle owners had unknowingly paid an extra $5 for 2022 because they chose the two-year registration renewal option.

Skene said the unclaimed property option through the state makes sense because the county would have to spend money on processing and other expenses attempting to return refunds, which he said would be a “very big task.”

No final plan for the refunds has been approved.

Legal settlements

Council approved a $7,000 settlement to prevent threatened litigation against the county by Zarinah Muhammad.

According to the agenda: Muhammad was a visitor at the county’s Bernard C. Brominski Building in Wilkes-Barre on Aug. 12, 2021, and “on multiple occasions, directed profanity at Luzerne County Sheriff’s Department and Security personnel, among other things.” The sheriff’s department cited her for disorderly conduct, and she was found guilty in magisterial district court and at a summary appeal hearing before the county Court of Common Pleas. She appealed her conviction to the state Superior Court, and the conviction was ultimately overturned in January.

Muhammad has subsequently threatened to pursue litigation against the county alleging civil rights violations.

Council members Kevin Lescavage, Brian Thornton and Stephen J. Urban voted against this settlement.

In another matter, all 10 attending council members voted on a recommendation to initiate litigation against Shelton Washington and Heba A. Elsherbiny, the agenda said. This litigation is related to vehicle damage to a Cross Valley Expressway light pole, the administration has said.

No vote

Council removed from the agenda a request to provide stipends to two workers heavily involved in federal American Rescue Plan management in addition to their regular job duties.

The workers — budget/finance office administrator Mark Majikes and grant writer Michele Sparich — would each receive $7,500 under the proposal, to be paid by American Rescue funding, the agenda said.

County Manager Romilda Crocamo had said the stipends would not be factored into their base pay and stressed both employees are performing extensive internal work that is not part of the outside American Rescue consultant’s responsibilities.

Following the meeting, Crocamo said the administration is reviewing other options since council did not act on this proposal.