As previously reported, Luzerne County Council is set to vote Tuesday on whether it approves or vetoes the county Redevelopment Authority’s decision to sell the county rail line to R.J. Corman Railroad Group for $8.2 million.
While the authority owns the line, the council has power to veto the authority’s decision due to a settlement agreement involving $3.28 million the authority owes the county.
The council’s resolution reiterates an independent citizen committee had recommended a different purchase proposal from Reading and Northern Railroad, the agenda said.
If council approves the authority and affiliated county Rail Corp.’s selection of R.J. Corman’s proposal, that consent would be “expressly conditioned upon Luzerne County’s further review and approval of the terms and conditions of any definitive agreements to be executed in connection therewith,” the resolution said.
It does not state what happens next if the council chooses the other option to “object to” and “not approve any sale to R.J. Corman.”
If a sale does not close by Oct. 9, the authority/Rail Corp. agrees to give the county possession of all rail property voluntarily and without objection, the settlement agreement said. Both entities would still be entitled to receive a share of excess sale proceeds when the property is sold if they “are not the cause for the failure to close” on the sale by Oct. 9, it said.
Sale proceeds must first be used to pay off the authority’s outstanding loans to the county and cover county legal fees and costs associated with preparing the request for proposals and carrying out the sale. Any proceeds remaining after those payments would be split among the county and authority/Rail Corp. based on a percentage formula, the agreement said.
Tuesday’s voting meeting starts at 6 p.m. in the county courthouse on River Street in Wilkes-Barre. Instructions for the remote attendance option are posted in the council’s online meeting section at luzernecounty.org.
New requirement
Council adoption of a fine tied to new state legislation is also on Tuesday’s voting agenda.
Act 29, which took effect Sept. 18, requires property buyers to submit contact information to the county Assessment Office so municipalities have a way to reach someone if there are building code violations.
The change does not apply to buyers of owner-occupied residences.
Counties have the option to impose a fine of up to $500 against a property owner or owner’s representative if they intentionally or knowingly provide false or incorrect contact information or fail to update contact changes with the county assessor.
The ordinance on Tuesday’s agenda imposes a $500 fine.
A required public hearing on the ordinance is scheduled at 5:50 p.m. before Tuesday’s voting meeting.
Referendum information
At the county Election Board’s request, the county Election Bureau will include “plain English statements” in Nov. 3 general election mail ballots explaining proposed referendums, officials said last week.
Five referendums will appear on the general election ballot — four in municipalities and one countywide.
County Assistant Solicitor Gene Molino told the board the county requested a variance from the state seeking permission to include the statements with the ballots, which it has done in the past, and it was informed state approval is no longer required.
Three of the referendums ask voters in the townships of Dallas, Sugarloaf and Jenkins if they want to increase the number of elected supervisors from three to five.
In another ballot question, Hazleton voters will decide if they want to adopt or reject a home rule charter drafted by an elected city study commission.
The fifth countywide referendum asks voters if they want to amend the county home rule charter to ban county elected officials and employees from engaging in individual stock trades or prediction market bets based on nonpublic information obtained in the course of their official county service.
It would also require annual county reporting of ethics complaints and stock trades involving county, state, and federal elected officials representing the county.
Plain English statements are posted at polling places for Election Day voters seeking more explanation.
Poll worker training
The county Election Bureau will start poll worker training the first week of October and continue through the end of the month, county Election Director Emily Cook told the election board.
Training is necessary on new voting system equipment from Hart InterCivic that will be used in the Nov. 3 general, Cook said.
The county had agreed last year to lease new scanners/tabulators and ballot marking devices from Hart. However, the county temporarily used an older version of the vendor’s equipment in the May 19 primary because the company was still awaiting required state certification for its new Vanguard model.
With that certification granted, the county has received and inspected all new equipment, Cook told the board.
Hart agreed to provide fresh training for the new equipment at no additional cost, the county said.