Luzerne County tax break vote delayed until new council members take office

Nov. 13--Luzerne County Council won't vote on a proposed real estate tax break for a new Pennsylvania State Police Northeast Regional Headquarters in Hanover Township this year because the solicitor's office determined the matter should not be decided by a lame duck council.

Developer George Albert had submitted the tax break request for a new 55,000-square-foot facility his investment group is constructing and leasing to the state.

Chief Solicitor Romilda Crocamo said she concluded the tax break should be delayed until new members are seated in 2020 based on a review of case law.

Four new council members will take office Jan. 6 -- Walter Griffith, LeeAnn McDermott, Kendra Radle and Stephen J. Urban. They will replace Patrick Bilbow, Rick Morelli, Stephen A. Urban and Jane Walsh Waitkus on the 11-member council.

Under the law, decisions should be deferred if they involve matters that are not statutorily required "essential government functions," Crocamo said.

For example, Crocamo said the sitting council must approve a budget. Delays are not warranted for several other upcoming votes on a tax-claim operator, manager-recommended paper-trail voting system or 911 emergency radio upgrade because the county is statutorily required to collect back taxes, conduct elections and provide 911 service, she said.

Using this same interpretation, Crocamo determined the sitting council also can decide whether to grant Newport Township's request to forgive $5,060 in delinquent taxes on two parcels the township wants to acquire and demolish -- a matter on Tuesday's agenda for discussion. Her rationale: that decision involves public safety.

Also added to Tuesday's agenda was a proposed new contract for prison health care services. Crocamo said that decision won't have to wait because the county must ensure inmates have medical treatment.

The lame duck issue has come up in county government before, including prior to the county's 2012 switch to home rule, as outgoing elected officials made decisions on job creations, outside board appointments and other matters, according to past reports.

Although they won't be voting on the Hanover Township tax break, Morelli and Bilbow both said Tuesday they were contacted by a state police trooper at the Wyoming barracks expressing concerns about delayed state police response time to the Pittston and Wyoming areas due to the relocation to Hanover Township.

Morelli also questioned why a tax break is being provided if the developer already has a tenant. Typically developers argue such breaks are needed to competitively attract tenants.

Council members Sheila Saidman and Walsh Waitkus also asked why a tax break was needed for state police.

Even if county council rejects the request, the developer can still receive breaks already approved by Hanover Township and the Hanover Area School Board involving their portion of real estate taxes, Council member Linda McClosky Houck verified.

Prison health care

The county administration has proposed switching to a new inmate health care provider -- Pittsburgh-based Wexford Health Sources Inc.

Kansas-based Correct Care Solutions, now renamed Wellpath LLC., has been handling the services since March 2015, when the county decided partial outsourcing would be more cost efficient.

Wellpath receives around $2.5 million annually to provide a range of medical and mental health services and personnel, including prescription and nonprescription drugs and emergency ambulance transport. Unionized county staff licensed practical nurses at the prison and minimum offenders building take direction from Wellpath, according to the county.

The new request for proposals seeking vendors beefed up requirements for inmate mental health coverage, largely in response to the death of four female inmates from June 2017 to January 2018 -- three ruled suicides and the fourth deemed accidental.

In addition to Wellpath and Wexford, two companies submitted proposals to handle the work -- Correctional Behavioral Health and Correctional Care, the agenda said.

The administration concluded Wexford best serves county correctional services division requirements.

"After a very thorough review of the written proposals, observation of the in-person presentations and responses of questions asked, the committee believed Wexford is the clear choice to provide inmate health services to Luzerne County," it said.

If approved, the switch to Wexford would start Jan. 1.

The company would be paid $2.8 million, or about $300,000 more, during the first year of the three-year contract, officials said.

Payments would be $2.9 million in 2021 and $3 million in 2022.

Correctional Services Division Head Mark Rockovich told council Tuesday Wexford has contracts in three other county jails in the state, and he obtained positive feedback about the company when he contacted wardens in those facilities.

Wexford also has an impressive suicide prevention model, Rockovich said, noting the new contract will provide additional weekend coverage and increased psychiatric services.

Votes would be required at a future meeting for the prison health care contract and Newport Township tax forgiveness to take effect.

State prison

Council on Tuesday also discussed a proposed resolution opposing closure of the State Correctional Institution at Retreat, a state prison in Newport Township.

Councilman Harry Haas suggested council add a special voting meeting to next week's budget work session so the resolution can be adopted before a Nov. 21 state corrections department public hearing on the proposed closure.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.

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