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Council Questions LERTA Amendment for Hazleton Creek Commerce Center; Developer Urged to Renegotiate
Summary
Developers and county attorneys discussed amending a 2021 LERTA for the Hazleton Creek Commerce Center so tax exemptions would apply to subdivided lots; council members pressed developers to return with revised terms and raised environmental and public-trust concerns.
David Shutti, an attorney for Hazleton Creek Commerce Center Holdings LLC, told Luzerne County Council members the developer seeks to amend a prior tax-exemption resolution to avoid a cross-default if the project is subdivided into six lots.
"I sent an email to, attorney Skeen asking, if we could, modify the language slightly," Shutti said, describing a draft resolution prepared to address the issue.
Council members probed legal and practical consequences of changing the 2021 Local Economic Revitalization Tax Assistance (LERTA/LERDA) approval. Councilmember Lescavage said the original approval contemplated a single parcel; altering that now would effectively create six separate exemptions. Councilmember Thornton raised a follow-up question about how a future tax sale on one subdivided lot would affect surviving owners and whether a new LERTA would be required.
Attorney Skeen explained the practical effect under the current language: if the project is subdivided and one owner fails to pay taxes, everyone could lose the exemption. Under the amendment the developer requests, only the nonpaying lot would lose its exemption.
Several council members urged the developer to return with revised terms. Councilmember Haas recommended the developer renegotiate and present a clearer fee or schedule; others said they preferred renegotiation rather than amending the existing 2021 instrument. Councilmember Sabatino and others suggested staff craft a fee schedule and bring the item back through the infrastructure committee if needed.
Public commenters from Hazleton urged caution. Mark Raybo, calling himself a Hazleton resident, told council that the parcel has a long history of contamination claims and urged the county to confirm whether prior contaminants were removed or contained before any construction. Raybo also tied local wildlife and coyote displacement to nearby warehouse development and urged review of vector control and groundwater safeguards.
Council members did not vote on the proposed amendment during the work session. Several members signaled they would prefer the developer to return with renegotiated terms rather than advancing an amendment immediately. Council staff said the item could be placed on a future agenda once the developer provides revised language and answers on environmental remediation.
Ending: The matter remains under review. Council asked the developer and county staff to return with clarified language, a potential fee schedule or alternative remedies, and definitive information on environmental remediation and subdivision plans before any formal vote.
