Luzerne County court lease presented and debated

Luzerne County Court Administrator Paul Hindmarsh made a fervent plea for county council to approve a 15-year property lease needed to house family court under one roof.

“Please do not make this decision lightly because this decision will have a lasting impact on the families of Luzerne County,” Hindmarsh told council during its Tuesday work session.

Several council members asked questions and expressed concerns but left it unclear if the request would be approved at their next meeting on June 10. Some council members voiced hesitation over the lease terms.

Family court adjudicates cases related to divorces, child/spousal support, domestic situations, alleged abuse and neglect, truancy and juvenile detention and delinquency.

Two of the family court judges and four hearing officers occupy the third floor of the Bernard C. Brominski Building on North Street in Wilkes-Barre, but the remaining family court judge and another hearing officer must be located in the adjacent courthouse due to a lack of space.

County Domestic Relations, which must remain segregated under state requirements, is housed on the first and second floors of the Brominski building. The agency provides child and spousal support and alimony collection services to county residents in addition to handling paternity issues.

The court wants to relocate Domestic Relations to a former bank property at 310 Market St. in Kingston so the third family court judge and hearing officer can move into the Brominski building. If the lease is approved, a PFA office and waiting areas also would be added at the Brominski building, including a playroom space for children involved in proceedings.

The proposed 15-year court lease is with JDP Realty Inc. and would run from August 2025 through June 2040, the agenda said. Daniel DelBalso is president of JDP Realty, while Patrick DelBalso is secretary, the proposed lease said.

Under the proposal, the county would pay $25,783 per month for approximately 11,900 square feet of office space, or $309,396 annually.

Hindmarsh emphasized state funding for Domestic Relations will cover the lease, not the county’s general fund operating budget. This price factors in remodeling costs and state reimbursement over time, which is why it was spread out over 15 years, he said.

Through months of ongoing negotiation, Hindmarsh said the lease has been amended to provide the county with an opt-out after 36 months if state, federal and local funding for Domestic Relations is reduced or ceases, which court officials are confident will not occur, he told council.

Also added was a right of first refusal for the county if the property is listed for sale, he said. Officials said JDP is not interested in selling the property to the county at this time.

After June 2040, the county would have the option to extend the lease for two additional five-year terms and one final term of four years and 11 months, with rent increasing at a rate of 4% per term, the agenda said.

County Court of Common Pleas President Judge Stefanie J. Salavantis had discussed the concept when she was chosen for the leadership post in December, saying the current two-location layout is confusing to families already engaged in stressful situations.

The condensed hallway waiting space on the Brominski building’s third floor area means opposing parties must remain near each other, and noises from the hallway reach the courtroom while proceedings are underway, Hindmarsh said. For example, he said courtroom occupants recently were forced to listen to agonizing cries from a woman in the hallway who lost a custody case.

Hindmarsh told council family court proceedings should not be held in the courthouse because children are exposed to inmates brought to other courtrooms for criminal proceedings, “which further compounds the trauma that they are already experiencing.”

“As it stands today, our system is chaotic and quite frankly embarrassing,” Hindmarsh said at one point.

Relocation of the third family court judge to the Brominski building also will make room in the courthouse for the new eleventh judge seated in January because there is no courtroom location and office space for that judge, Hindmarsh said.

He also noted a recent judicial needs assessment indicates the county should have up to 14 judges based on the workload, making it very likely a twelfth judge will be added at some point.

Hindmarsh invited council members to tour both the Brominski Building and Kingston property.

“We have to do something. Doing nothing is not an option,” he told council.

Council response

Council Vice Chairman Brian Thornton said he is certain all council members acknowledge the dire need for additional space, but he does not want to burden future council members by locking in a lease for so many years with no guarantee state funding will cover it for the duration.

Thornton said the county will be out of debt in 2030, ending debt repayments totaling $26 million annually. County officials may want to use a portion of that savings to build or purchase a structure for Domestic Relations at that time, he said.

He also took issue with the lease amount and requested information on the nine other locations that the courts also had considered for lease or purchase.

Hindmarsh said the county cannot wait until the debt is repaid to address a solution.

Thornton said he’d be more comfortable with a lease for five or seven years.

Councilman Kevin Lescavage cited a proposed lease requirement for the county to pay $3,600 toward removal of an ATM machine at the Kingston property, saying he found that “really irritating.”

“If you’re going to fit a building for a tenant, I think that’s your responsibility,” Lescavage said.

Councilwoman Joanna Bryn Smith, an attorney, said she practices family law in the county and recognizes “how confusing it is” under the current layout.

“I’m amazed that families are able to navigate it,” Bryn Smith said.

Bryn Smith also agreed with the court’s argument that security is a concern with family court matters, saying she has “seen violent things happen” on the third floor of the Brominski Building.

Councilwoman LeeAnn McDermott asked for more clarity on the other properties considered.

Hindmarsh said they were a mix of properties listed for sale or lease. Some owners would not undertake renovations required for Domestic Relations to be compliant with state regulations, and others were not suitable locations, he said.

Domestic Relations Director Lisa Pierotti said the Kingston site is ideal because it is close to family court, visible for those paying support or seeking other services and has ample parking.

Councilman Jimmy Sabatino said he is concerned no portion of the lease payment would be escrowed so it could be used towards purchase of the property in the future, especially because the county would be paying for renovations. The lease would total $4.6 million over 15 years, and Sabatino said some of that money should be applied to a purchase if one is executed.