1


1 SCRANTON CITY COUNCIL
PUBLIC HEARING
2

3

4

5
IN RE: FILE OF COUNCIL NO. 36, 2006 - AN ORDINANCE -
6 APPROVING THE TRANSFER OF A RESTAURANT LIQUOR LICENSE
IN THE NAME OF LITTLE DICK'S, INC. T/A 7TH AVE. WEST,
7 CITY OF CARBONDALE, LICENSE NO. R-17472 PRESENTLY HELD
IN SAFE KEEPING BY THE PLCB TO G-FORCE ENTERPRISES,
8 INC. T/A BLUES STREET FOR USE AT 222 WYOMING AVENUE,
THE RITZ BUILDING, SCRANTON, PENNSYLVANIA, 18503 AS
9 REQUIRED BY THE PENNSYLVANIA LIQUOR CONTROL BOARD.

10

11

12 Held:
Thursday, May 25, 2006
13

14

15
Time:
16 6:15 p.m.

17

18

19 Location:
Council Chambers
20 Scranton City Hall
340 North Washington Avenue
21 Scranton, Pennsylvania

22

23

24 Lisa M. Graff, RMR
Court Reporter
25
.

2


1 CITY OF SCRANTON COUNCIL:

2

3 MS. JUDY GATELLI, COUNCIL PRESIDENT

4

5 MR. WILLIAM COURTRIGHT, VICE-PRESIDENT

6
MS. JANET EVANS
7

8
MS. SHERRY NEALON FANUCCI
9

10
MR. JOHN MINORA, ESQUIRE, SOLICITOR
11

12
MS. KAY GARVEY, CITY CLERK
13

14 MR. NEIL COOLICAN, ASSISTANT CITY CLERK

15

16

17

18

19

20

21

22

23

24

25
.

3


1 MS. GATELLI: I'd like to call the

2 public hearing to order. Roll call.

3 MR. COOLICAN: Mrs. Evans.

4 MS. EVANS: Here.

5 MR. COOLICAN: Mrs. Fanucci.

6 MS. NEALON FANUCCI: Here.

7 MR. COOLICAN: Mr. McTiernan.

8 Mr. Courtright.

9 MR. COURTRIGHT: Here.

10 MR. COOLICAN: Mrs. Gatelli.

11 MS. GATELLI: Here. The purpose of the

12 public hearing is to hear testimony and discuss the

13 following:

14 FILE OF COUNCIL NO. 36, 2006 - AN

15 ORDINANCE - APPROVING THE TRANSFER OF A RESTAURANT

16 LIQUOR LICENSE IN THE NAME OF LITTLE DICK'S, INC. T/A

17 7TH AVE. WEST, CITY OF CARBONDALE, LICENSE NO.

18 R-17472 PRESENTLY HELD IN SAFE KEEPING BY THE PLCB TO

19 G-FORCE ENTERPRISES, INC. T/A BLUES STREET FOR USE AT

20 222 WYOMING AVENUE, THE RITZ BUILDING, SCRANTON,

21 PENNSYLVANIA, 18503 AS REQUIRED BY THE PENNSYLVANIA

22 LIQUOR CONTROL BOARD.

23 I have no one on the speakers list. Is

24 there anyone present that would like to give testimony

25 regarding this public hearing? If not, I now declare
.

4


1 this public hearing closed.

2

3 (HEARING WAS CONCLUDED.)

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
.

5


1 C E R T I F I C A T E

2

3 I hereby certify that the proceedings and

4 evidence are contained fully and accurately in the

5 notes taken by me on the hearing of the above cause and

6 that this copy is a correct transcript of the same

7 to the best of my ability.

8

9

10
LISA M. GRAFF, RMR
11 Official Court Reporter

12

13

14

15

16

17

18

19

20

21

22

23

24

25
.

1


1 SCRANTON CITY COUNCIL MEETING

2

3

4

5 Held:

6 Thursday, May 25, 2006

7

8

9 Time:

10 6:30 p.m.

11

12

13 Location:

14 Council Chambers

15 Scranton City Hall

16 340 North Washington Avenue

17 Scranton, Pennsylvania

18

19

20

21

22

23 Lisa M. Graff, RMR

24 Court Reporter

25
.

2


1 CITY OF SCRANTON COUNCIL:

2

3 MS. JUDY GATELLI, COUNCIL PRESIDENT

4

5 MR. WILLIAM COURTRIGHT, VICE-PRESIDENT

6

7 MS. JANET EVANS

8

9 MS. SHERRY NEALON FANUCCI

10

11 MR. JOHN MINORA, ESQUIRE, SOLICITOR

12

13 MS. KAY GARVEY, CITY CLERK

14

15 MR. NEIL COOLICAN, ASSISTANT CITY CLERK

16

17

18

19

20

21

22

23

24

25
.

3


1 MS. GATELLI: Okay. Please stand for

2 the Pledge Of Allegiance. Please remain standing for a

3 moment of reflection. Roll call, Neil.

4 MR. COOLICAN: Mrs. Evans.

5 MS. EVANS: Here.

6 MR. COOLICAN: Mrs. Fanucci.

7 MS. FANUCCI: Here.

8 MR. COOLICAN: Mr. McTiernan.

9 Mr. Courtright.

10 MR. COURTRIGHT: Here.

11 MR. COOLICAN: Mrs. Gatelli.

12 MS. GATELLI: Here. Mr. McTiernan

13 won't be here this evening. He sent a letter. He has

14 a conference that he had to attend for Scranton High

15 School. Council, would you like to come down while we

16 present a proclamation?

17 Whereas, the Council of the City of

18 Scranton is desirous of honoring the Scranton Lady

19 Knights Basketball Team for winning the PIAA District 2

20 Quad Championship.

21 The Scranton Lady Knights Basketball

22 Team finished with an impressive season record of 22

23 wins and six losses.

24 The Scranton Lady Knights beat

25 Wallenpaupack, Williamsport and Abington Heights to
.

4


1 secure the championship title.

2 In the state playoffs, the Scranton

3 Lady Knights upset Central Bucks East before losing to

4 final four and Philadelphia powerhouse Cheltingham High

5 School.

6 The Scranton Lady Knights consist of

7 Emily Fisch, Molly McDonough, Molly Coleman, Krista

8 Summers, Ellen Fallon, Algera Flores, Elizabeth

9 McGrath, Liz Borjia, Malika Miller, Tarika Miller,

10 Nashira Turner, Mary Sheerin and Elizabeth Chase.

11 Sophomore Nashira Turner and Senior

12 Malika Miller have been named to the first second team

13 all league, while Ellen Fallon was named to the second

14 team all league.

15 The Scranton Lady Knights have the

16 distinct honor of being coached by Mr. Pat Ferguson,

17 who was named as The Scranton Times Girls Coach of the

18 Year and assistant coach Bill Crane.

19 Now, therefore, be it resolved that on

20 Thursday, May 25, 2006, Scranton City Council wishes to

21 congratulate the Scranton Lady Knights basketball team,

22 their coaches, teachers, parents, for their outstanding

23 achievement.

24 Be it further resolved that this

25 proclamation be made a permanent part of the minutes of
.

5


1 this Council as lasting tribute to the Scranton Lady

2 Knights basketball team.

3 MR. FERGUSON: On behalf of all the

4 coaches and the girls at Scranton High School, we would

5 like to thank City Council for honoring and giving us

6 this privilege of being here tonight.

7 This group of young ladies worked very,

8 very hard this year, extremely hard. It's probably --

9 I've been doing this almost 30 years, Mr. Crane has

10 been doing this for almost 30 years, and this probably

11 is the nicest group of girls.

12 It's not the most talented. We've had

13 more talented girls than this group, and that's being

14 honest, but they are the nicest group of girls, they

15 are the hardest working group of girls.

16 And I've said this from the beginning,

17 the number one reason we're here is because they get

18 along. They love each other, and that's being a family

19 and a team. And, girls, I want to thank you again.

20 Thank you very much.

21 MS. GATELLI: Mrs. Garvey.

22 MS. GARVEY: Third order. 3-A,

23 CONTROLLER'S REPORT FOR THE MONTH ENDING APRIL 30,

24 2006.

25 MS. GATELLI: Are there any comments?
.

6


1 If not, received and filed.

2 MS. GARVEY: 3-B, MINUTES OF THE

3 SCRANTON-LACKAWANNA HEALTH & WELFARE AUTHORITY MEETING

4 HELD ON APRIL 20, 2006.

5 MS. GATELLI: Are there any comments?

6 If not, received and filed.

7 MS. GARVEY: 3-C, MINUTES OF THE VACANT

8 PROPERTY REVIEW COMMIT EE MEETING HELD ON MARCH 21,

9 2006.

10 MS. GATELLI: Are there any comments?

11 If not, received and filed.

12 MS. GARVEY: 3-D, AGENDA FOR THE VACANT

13 PROPERTY REVIEW COMMITTEE MEETING HELD ON MAY 23, 2006.

14 MS. GATELLI: Are there any comments?

15 If not, received and filed.

16 MS. GARVEY: 3-E, MINUTES OF THE

17 MUNICIPAL PENSION FUND MEETING HELD ON APRIL 26, 2006.

18 MS. GATELLI: Are there any comments?

19 If not, received and filed.

20 MS. GARVEY: 3-F, AGENDA FOR THE

21 MUNICIPAL PENSION FUND MEETING HELD ON MAY 24, 2006.

22 MS. GATELLI: Are there any comments?

23 If not, received and filed.

24 MS. GARVEY: 3-G, APPLICATIONS AND

25 DECISIONS RENDERED BY THE ZONING HEARING BOARD HELD ON
.

7


1 MAY 22, 2006.

2 MS. GATELLI: Are there any comments?

3 If not, received and filed.

4 MS. GARVEY: 3-H, MINUTES FROM THE

5 FIREMEN'S PENSION COMMISSION MEETING HELD ON APRIL 26,

6 2006.

7 MS. GATELLI: Are there any comments?

8 If not, received and filed.

9 MS. GARVEY: 3-I, MEETING OF THE

10 SCRANTON POLICE PENSION COMMISSION TO BE HELD ON APRIL

11 26, 2006 WAS CANCELLED DUE TO LACK OF QUORUM.

12 MS. GATELLI: Are there any comments?

13 If not, received and filed.

14 MS. GARVEY: The only thing I have in

15 Clerk's Notes tonight was actually for Mr. McTiernan's

16 request of last week wondering about what was happening

17 with the permit parking for the 2100 and 2200 block of

18 North Washington Avenue that Council asked to be sent

19 back for another decision.

20 And that was approved by the police

21 department, and now it is in the law department waiting

22 for legislation to be prepared. And that's all I have.

23 MS. GATELLI: Okay. Thank you. I just

24 have a few things tonight. I spoke to the mayor today,

25 and the arbitration meeting will be next week. We're
.

8


1 going to meet both on the fire and the police

2 arbitrations.

3 I also have a meeting scheduled with

4 Mr. Parker next week regarding Hollow Avenue. I don't

5 have a time or a date yet, but it will be some time

6 this week, and I will let Council members know.

7 There is a list that we received from

8 Mr. Fiorini of the parking lots that have paid their

9 fee for 2006. The following facilities have not paid

10 their fees for 2006: The Forum Parking Garage on

11 Franklin Avenue, Geneva House, Glazer's Parking Lot,

12 the Oppenheim Building, Scranton Mall Partners, and

13 Moses Taylor Hospital. To date, those facilities have

14 not paid their parking permit.

15 Monday, Memorial Day, there will be

16 services at noon at Nay Aug Park. Everyone is invited.

17 And there are also going to be services at eleven at

18 the Keyser Valley Community Center.

19 There is a list of potholes. I will

20 not read them all. But if anyone cares to look at

21 them, they will be up here.

22 CommD police officers for Tripps Park,

23 I have been investigating that with OECD. There are

24 parts of Tripps Park that are eligible for a beat

25 officer, however, it doesn't quite make it to the
.

9


1 playground, but there may be ways to find that

2 acceptable, because it's only a block out of the way.

3 So, I'm going to be talking to Chief

4 Elliot this week, and I will keep you posted on that.

5 And that's all I have. Anyone else from Council?

6 MS. EVANS: Yes. First, I ask for your

7 prayers for a full and speedy recovery for a dear

8 friend, Ralph Taylor, who remains hospitalized

9 following surgery.

10 And I, too, wish to extend my prayers

11 and sympathy to the family of Jerry Langan, who

12 recently passed away.

13 He was, as Mrs. Gatelli indicated, a

14 retired firefighter who served his city proudly. And

15 those who knew him well also recognize and admire his

16 dedication and devotion to Make a Wish Foundation by

17 conducting an annual summer outing at Petersburg

18 Corners to help out one or two children from Lackawanna

19 County each year.

20 Finally, Lackawanna County SADD Task

21 Force presents the Battle of the Bands from three to

22 9 p.m. at the Playing Field Sports Dome in Jessup. And

23 we encourage all young people to come and enjoy a drug

24 and alcohol free day.

25 And finally, since we are fast
.

10


1 approaching the month of June, I would like to make a

2 motion tonight regarding City Council meetings. I move

3 to alter the regular schedule of Council meetings from

4 6:30 p.m. to twelve noon beginning June 15 and

5 continuing through the final July 2006 meeting.

6 MR. COURTRIGHT: Second.

7 MS. GATELLI: On the question?

8 All in favor.

9 MS. EVANS: Aye.

10 MS. NEALON FANUCCI: Aye.

11 MR. COURTRIGHT: Aye.

12 MS. GATELLI: Aye. Opposed? The ayes

13 have it and so moved.

14 MS. EVANS: And so, as I said,

15 beginning June 15 and every Thursday thereafter,

16 Council will meet here in our chambers at twelve noon

17 each Thursday.

18 MS. GATELLI: And just one quick follow

19 up on that, we will recess for the month of August as

20 per the Home Rule Charter. Anyone else on Council care

21 to speak? Junior Council?

22 MR. MILLER: Good evening, Council.

23 Doug Miller. I would like to take this time also to

24 congratulate the Scranton High Girls Basketball Team

25 for a great season.
.

11


1 I'd also like to commend all of those

2 who made the Red Cross Blood Drive at West Scranton

3 High School on Tuesday a huge success. There was many

4 volunteers and people who participated, and I thank all

5 of them. It went very well over there.

6 On Tuesday there was a rededication

7 ceremony at Fellows Park. There were students from

8 Willard Elementary and West Scranton High School, along

9 with teachers and members of the Fellows family.

10 Recently these two schools adopted the

11 park, and now every year they go down and plant flowers

12 and clean up the area.

13 The Junior City Council recently

14 donated a new flag and a picnic table for the park. I

15 was honored to represent the City Council as chairman

16 of the Junior City Council at this ceremony, since

17 there was no other city official in attendance. Thank

18 you.

19 And if there are any other members that

20 would like to address Council, please do so at this

21 time. Thank you very much.

22 MR. PIAZZA: Good evening, Council.

23 James Piazza, Scranton High School. The May 6 Planting

24 event was one of many future event that will make

25 Scranton a better city than it was before.
.

12


1 We will go to each section of the city

2 to make Scranton look better all around. We should

3 make the city appealing to everyone that comes to

4 visit. This will make people want to come back to the

5 city. If all of us work together, we can put Scranton

6 on the map.

7 It is a difficult job to fix all the

8 problems in the city, but every problem that is fixed

9 improves the quality of the city.

10 The City of Scranton is in the right

11 direction in moving the city into the future by all of

12 us working together.

13 Another way that people will come to

14 the city is by the attraction of different businesses.

15 Businesses coming into the city will help the citizens

16 of the city, too. This factor is what will make a city

17 successful and well know.

18 I am proud to live in the City of

19 Scranton and thankful for the opportunity to be on the

20 Junior City Council. The reason is that I received the

21 best education around and got to learn about the

22 history of the city.

23 By buildings going up in the city, it

24 shows that the City of Scranton is moving into the

25 future of where it should be. Thank you.
.

13


1 MS. GATELLI: Thank you. Anyone else?

2 The first speaker is Douglas Walsh.

3 MR. WALSH: Good evening. Prior to the

4 election I made a generous offer to settle my problem.

5 You guys voted on it. It's been approved. How long do

6 I have to wait to get it done? I've waited six years.

7 How long is my wait going to be? Can you guys answer

8 me that?

9 MS. GATELLI: What was your concern?

10 MR. WALSH: The hole in my backyard. I

11 made a generous offer to settle it with you people, and

12 verbally we committed before the election, as I knew it

13 was going to be a -- put by the wayside after.

14 But since then you voted on it for this

15 year's budget. It's been passed. It's been approved.

16 I'm still in limbo here. What's up? Can somebody help

17 me on this?

18 MS. EVANS: I think we need to get an

19 opinion from the legal department or an update at least

20 on this situation or maybe you can update us.

21 MR. WALSH: The update is I've left 20

22 messages for Solicitor Hickey, Butler, everybody else.

23 MS. EVANS: And no one's responded?

24 MR. WALSH: No response, yeah.

25 MS. EVANS: Okay. We'll take it from
.

14


1 here.

2 MR. WALSH: Thanks.

3 MS. GATELLI: The next speaker is Terry

4 Osborne.

5 MR. OSBORNE: Good evening, Council.

6 My name is Terry Osborne. I come again tonight as a

7 fire department representative to the composite pension

8 board, and I'm here tonight to thank the Council

9 members and also to thank the mayor.

10 5-C is the resolution sending down the

11 contract for Mellon Bank to serve as trustee for the

12 city pension funds. That was what our board voted on

13 back in the fall.

14 We were hoping that that was what would

15 take place, and we're glad that it finally did. And I

16 just want to take a minute, if I could, first and

17 foremost, Judy, I want to thank you.

18 People don't recognize the work that

19 goes on behind the scenes. You served as, I guess, the

20 facilitator, for lack of a better word. I think we had

21 some good meetings. We met with the mayor, we met with

22 Gene Hickey, we met with Carl Greco and others to

23 discuss all the concerns on the pension board, and, you

24 know, while some things we agreed on at that time, some

25 things we didn't. Discussions continued, and, again,
.

15


1 this resolution brings that all to fruition.

2 Janet and I have had some great

3 conversations, and I, you know, kind of thought we had

4 her on board from the very beginning after we answered

5 her questions.

6 Also, Sherry, you and I, as we know,

7 have met, and even as late as Tuesday had some

8 discussions.

9 Our pension board members stand ready

10 to answer any other questions that you guys may have.

11 Again, we're hoping that this is going to pass.

12 And, again, I knew Mr. McTiernan would

13 not be here tonight, but we're hoping the final vote

14 will pass 5-0. And you guys should have received a

15 copy, and I hope you did, we sent a letter to the mayor

16 once we had gotten word from Kay that this resolution

17 was, in fact, coming down, and I'd like to read for the

18 record here tonight exactly what we said to the mayor.

19 I'll just read a portion of it. On

20 behalf of myself and the employees on the composite

21 pension board, I want to thank you for having this

22 contract sent to Council. It is our hope that we can

23 move this process along as quickly as possible.

24 Further, I pledge that we will continue

25 to work cooperatively with you for the betterment of
.

16


1 our pension fund.

2 Jointly I hope we can have the fund

3 receive the very best returns which is to the benefit

4 of both the employees and the taxpayers.

5 As we all know, the better our fund

6 does, the lower that MMO is in future years, which is

7 really to the advantage of the taxpayers.

8 And just finally, I haven't been here

9 in a couple weeks, both Janet and Bill, I want to

10 congratulate you guys on your recent election.

11 I know from my run on the Home Rule

12 Charter, participation in the democratic process is not

13 always easy. Both of you made a great run, and I want

14 to congratulate you. Thank you.

15 MS. GATELLI: Thank you. Ray Lyman.

16 MR. LYMAN: Raymond Lyman. My name is

17 Raymond Lyman, and I am the President of the new Phelps

18 Street Neighborhood Association.

19 I need the Council's help in getting,

20 you know, help with starting this -- our group. We

21 have five members in it. And like you said before,

22 Mrs. Gatelli, I don't need the paperwork, like you

23 said. I thought we needed it. That's what somebody

24 told me.

25 And I want to work with other
.

17


1 neighborhood associations, like South Side, you know,

2 all the other groups. I want to be friends with all of

3 them, maybe invite them to the meetings.

4 I want to ask John Adams School if we

5 could have the meetings up there, like the old Pine

6 Brook Association had. I mean, the last meeting they

7 had Monday, they only had two people that went to their

8 meeting.

9 And I know for a fact that people would

10 come to my meeting. And I'll even work with the old --

11 I mean the Pine Brook Association. I mean, we don't

12 want no fights with them. We just want to work

13 together, you know, for a better City of Scranton and

14 for a better place to live, and maybe even ask for

15 block grants to fix sidewalks, and maybe even fix the

16 allies and the roads in the area.

17 I don't know how to get the paperwork

18 for that. Maybe you guys can help me on that for the

19 neighborhood. I even have some ideas. Maybe with the

20 crime problems, maybe the neighborhood associations can

21 come together for a meeting, and instead of one

22 association working by itself fighting crime, maybe we

23 can all work together and fight the crime together as a

24 united front.

25 Because I saw it on that A & E.
.

18


1 They're doing it and in California. I said, If they

2 can do it out there, why can't we do it here? I mean,

3 it can work there.

4 Now, I have a question. Like, I took a

5 friend to pay Adelphia, you know, the cable down the

6 mall, and they told me that if -- this guy was

7 disabled, and he's on Social Security.

8 And they said for a senior citizen

9 discount, you have to go to City Council, and to get a

10 senior citizen discount, you have to ask City Council

11 to vote on a letter or some kind of a legislation to

12 send to Adelphia, and then they will give a senior

13 citizen discount to people who are on disability, on

14 SSI and Social Security. That's what they told me to

15 tell Mr. Johnson.

16 MS. GATELLI: We can certainly

17 investigate that.

18 MR. LYMAN: Yeah, can you do that?

19 MS. GATELLI: Yes.

20 MR. LYMAN: And then I heard from, I

21 don't want to mention the person, but he works up --

22 your business administrator, about the -- that the city

23 wants to take money -- borrow money from the cable

24 company to pay off that $6.5 million from the water

25 deal, if I'm correct. That's what I heard, that we
.

19


1 owe, what is it, $6 million?

2 MS. EVANS: We owe $5.5 million

3 approximately.

4 MR. LYMAN: $5.5 million.

5 MS. EVANS: Plus interest, plus an

6 additional $200,000 in interest.

7 MS. LYMAN: Yeah, Ms. Evans. And they

8 want to borrow money from the cable to pay for that.

9 MS. GATELLI: I don't think that's

10 true.

11 MS. EVANS: I haven't heard that. I

12 don't know.

13 MS. LYMAN: Well, you better look into

14 that, Ms. Evans. If they do that, and then the cable

15 raises up the rates again from that, and Adelphia is

16 selling to ComCast. You know, ComCast is going to

17 raise the rates.

18 MS. GATELLI: We have a contract with

19 Adelphia, and they cannot raise the rates beyond a

20 certain amount within the length of the contract.

21 MR. LYMAN: Because they charge a month

22 ahead.

23 MS. GATELLI: They are certainly not

24 going to pay American Water, so don't worry about that.

25 That's not true.
.

20


1 MR. LYMAN: Well, look into that, Judy.

2 MS. GATELLI: That's not true, what you

3 heard.

4 MR. LYMAN: Well, at least try to get a

5 senior citizen discount.

6 MS. GATELLI: We will. We'll

7 investigate.

8 MR. LYMAN: And then I'm looking into,

9 like, that children at play signs, like you said. Can

10 you get that done for us on Phelps Street?

11 MS. GATELLI: Sure.

12 MR. LYMAN: And then by John Adams, you

13 know those -- I asked the school board. You know those

14 lights where it says 15 miles, where those blinkers?

15 They told me you have to go to City Council and ask

16 them about it. That's what Mr. Lesh said.

17 MR. COURTRIGHT: We have been through

18 that before, Ray. They wanted to put one in front of

19 West Scranton High School. I thought it was a money

20 problem. It is relatively expensive.

21 MR. LYMAN: Because when you go down

22 Capouse Avenue, those cars go, pardon my words,

23 Mr. Courtright, they go down there like a bat out of

24 Haitis. And two children got hit by a car.

25 If this one guy didn't chase after them
.

21


1 and stop that car, that guy would have gotten away with

2 it.

3 MS. GATELLI: Okay. Thank you, Ray.

4 MR. LYMAN: Okay. Thank you,

5 Mrs. Gatelli.

6 MS. GATELLI: Andy Sbaraglia.

7 MR. SBARAGLIA: Andy Sbaraglia, citizen

8 of Scranton. Fellow Scrantonians, well, swim season is

9 about to come into view again.

10 What's the chance of getting free

11 swimming for the kids, at least at the pools we

12 control, instead of at a dollar fee?

13 Every year I come before you and ask

14 you this. Every year it falls on deaf ears. But as

15 far as the kids are concerned, I've got to ask.

16 I can see no reason, no advantage that

17 we're charging this dollar fee. It probably costs just

18 as much to collect it as it would if it was gone. And

19 the only advantage it has is to keeping some poor kid

20 that can't afford to come up with a dollar every day to

21 swim in our pools, which I find appalling, and you

22 should, too.

23 Now, let's get to the water company

24 again. The Sewer Authority is owned by the citizens of

25 Scranton. There's no question about that.
.

22


1 Everything they borrow, we got to pay

2 for. Now, the mayor in his wisdom wants to take our

3 storm water and sell it to us again. I guess he

4 figures this is the way to go.

5 Why should we in turn pay for something

6 we already own? Plus, the fact is the water that's

7 fallen from the sky is God given rain, and it actually

8 flows into the sewer system today as it did ten years

9 ago or 15 years ago.

10 So, there's no advantage of us paying

11 for something we already own, none at all. But this

12 was politically done.

13 As you know, the water company had a

14 contract for, I think, 20 years, and they had a renewal

15 clause in it every five. And this mayor decided not to

16 renew the contract.

17 And when he did that, he took control

18 of actually almost everything to do with the Sewer

19 Authority. He already appointed all the members. So,

20 now he has control for patronage, plus contracts.

21 And this is not exactly what the Sewer

22 Authority is for. It's not a personal bank, but this

23 mayor is making it a personal bank.

24 As you know, he already sold our DPW

25 site to the Sewer Authority three times, plus the fact
.

23


1 is we haven't paid for that sewer -- that DPW site. We

2 still owe on that. We're paying on that every year.

3 So, hence, we're selling things we don't even own that

4 we're still paying on.

5 I don't know how it's going to affect

6 the rate, but I say to anyone, it's crazy for us to

7 spend money for something we already own. It's

8 ridiculous to do things like that.

9 Now, true, he has to come up with the

10 money, there's no question about that. And he's going

11 to borrow -- the Sewer Authority apparently is going to

12 borrow this $5.5 million and give it to the mayor and

13 we're going to have to pay it in the rate hike.

14 But since this was a city done deal, I

15 believe the city should borrow the money and take it

16 away -- that burden away from the Sewer Authority.

17 Because, as you know, the Sewer Authority is

18 undermanned to take the storm water system and separate

19 it from the sanitary system.

20 And the figures I've seen were anywhere

21 from $50 million to $100 million. And, man, that's

22 lucrative contracts. Somebody's going to make a bundle

23 on this deal. Maybe that's why the mayor wanted

24 control. I don't know.

25 But he didn't have to take control.
.

24


1 This was a personal thing he wanted to do. There was a

2 lot of rumors going around at that time that they

3 weren't taking care of this, they weren't taking care

4 of that. They wanted to raise the rates, I think,

5 22 percent, but nobody ever come up with figures. All

6 we got was rumors.

7 So, this deal went through. And it

8 went through, and now we're stuck with it. Now we're

9 paying for it. And the worst part of this deal, he

10 went up and said he was standing on solid ground, that

11 we wouldn't have to pay this fee.

12 But anybody that looked at that

13 contract, even a first year law student would realize

14 that we're obligated, and, hence, we have to pay. But

15 to appeal a decision and add more costs onto it only

16 made the lawyers rich and the company got added

17 interest put onto this deal, I think $200,000.

18 So, hence, you had added lawyers costs,

19 plus interest rates tacked onto a deal that wasn't too

20 great to begin with. Thank you.

21 MS. GATELLI: Thank you.

22 MS. EVANS: Mr. Sbaraglia, maybe I can

23 just give you a bit of background information with

24 regard to that transfer over to the Sewer Authority.

25 At the time the decision not to renew
.

25


1 the contract with American Water Services required only

2 two votes, that being two of the three entities

3 involved in that contract.

4 And it was made very clear to City

5 Council that Dunmore and the Scranton Sewer Authority

6 would not renew their contract; hence, City Council was

7 rendered irrelevant in the situation.

8 Whether we agreed, whether we

9 disagreed, our vote really would not have counted;

10 hence, there was never even a vote taken by City

11 Council on that matter. Because as I've said, Dunmore

12 and the Sewer Authority made that decision together.

13 At the time my concern was that

14 negotiations would have occurred with American Water

15 Services and also a privatization bid would have been

16 advertised throughout the country or even, you know,

17 outside the country internationally, because AWS, after

18 all, is a multi-billion-dollar international

19 conglomerate.

20 And I knew that there were many other

21 companies worldwide who provide similar operations, and

22 I attempted to pursue that with the Scranton Sewer

23 Authority, had they taken those steps before they made

24 any decision to take back the operations and management

25 of the Sewer Authority plant.
.

26


1 Well, to my knowledge, that never

2 occurred. So, as I said, the decision was made by

3 those outside of Scranton. I do believe at the time we

4 asked the mayor for his recommendation in the

5 situation, and none was provided.

6 But I think the grave or grievous error

7 that was made at the time was that no bid was put out,

8 no other company was sought or interviewed to manage

9 that facility.

10 A company who might have come in

11 provided a cost effective management system, and

12 perhaps even an arrangement whereby they would be able

13 to help the city and hope the Borough of Dunmore repay

14 what was owed to American Water Services.

15 But as I said, that didn't occur. I

16 don't know why that didn't occur, and frankly, right

17 now I don't know why that still can't occur.

18 Because I agree with you, the citizens

19 already own the storm water system, and to sell or to

20 lease to the Sewer Authority at this point guarantees a

21 rate hike to everyone, not only in Scranton, but in

22 Dunmore, as well. And, of course, you know Dunmore is

23 also on the hook in this arbitration award.

24 But we will be looking at significant

25 rate increases. And the only possibility that I can
.

27


1 see, because as you said, it's the same group of

2 people. We're all in the same pot. You're either

3 going to get hit with a tax increase for it by

4 borrowing the money or you're going to get hit with a

5 rate increase.

6 The only possible out I can see is to

7 try to look for another company who may come in and

8 provide services such as I described. But, again, I

9 don't know now that the Sewer Authority would even

10 entertain such a notion.

11 MR. COURTRIGHT: Mrs. Gatelli, I agree

12 with what Mrs. Evans says. Whether it's a rate

13 increase or a tax increase, it's the same thing. A

14 rate increase is a tax increase, in my eyes.

15 But if, in fact, this deal goes through

16 and they borrow the $5 million plus, is the rate

17 increase going to be just until we pay the $5 million

18 plus back, and then our rates will be reduced, or are

19 they going to continue that rate increase for ever and

20 ever?

21 MS. EVANS: Well, actually what

22 Mr. Sbaraglia noted earlier is most accurate.

23 According to EPA regulations, the alterations that they

24 have to make to the system are calculated at somewhere

25 between, what was it, Mr. Sbaraglia $50 and $100
.

28


1 million, and that will take a period of ten years, I

2 believe, to fully institute.

3 So, that rate increase is coming,

4 regardless of what occurs with this. So, what I'm

5 saying is the type of rate increase you're very

6 realistically looking at here when combining those two

7 entities is going to be monolithic.

8 MR. SBARAGLIA: Thank you.

9 MS. GATELLI: Mr. Narsavage.

10 MR. NARSAVAGE: Stan Narsavage,

11 Scranton resident. Last week I asked for some

12 information from Mrs. Fanucci. Were you able to get

13 the copies that I needed?

14 MS. NEALON FANUCCI: No, I was not.

15 MR. NARSAVAGE: Do you know when you

16 will have them?

17 MS. NEALON FANUCCI: I'm hoping in the

18 next few weeks, but they keep telling me that the only

19 part that it is in is exactly our budget, that there is

20 not any specific HUD audit.

21 MR. NARSAVAGE: For June 2005, there's

22 not a HUD?

23 MS. NEALON FANUCCI: No.

24 MR. NARSAVAGE: I hope this isn't going

25 to take a subpoena to get.
.

29


1 MS. NEALON FANUCCI: I hope not.

2 MR. NARSAVAGE: Mr. Courtright, thanks

3 for the information you got for me, and also the help

4 with the -- you mentioned an E-mail about the patrol

5 cars, the police cars.

6 MR. COURTRIGHT: Yeah, what they've

7 done, I spoke to several different officers, any time

8 they're not tied up on calls, they've been back there.

9 They acknowledged the problem. They think it's as

10 severe as what you're saying, and they're doing the

11 best they could with what they have.

12 Maybe Ms. Gatelli will be lucky and

13 maybe you'll get a beat person back there.

14 MR. NARSAVAGE: I hope so.

15 MR. COURTRIGHT: I hope so. I think

16 that will alleviate the problem.

17 MR. NARSAVAGE: You mentioned within a

18 block of the playground, that would even help. As long

19 as they know someone's in the area and that's

20 available.

21 I just want to make one comment about

22 the article that was in the paper. The paper quoted

23 you as saying you're not going to revisit the pool

24 prices for swimming.

25 MS. GATELLI: I'm not going to bring it
.

30


1 up. I don't know if anyone else is.

2 MR. NARSAVAGE: Well, I was wondering

3 if you were speaking for the administration or is that

4 --

5 MS. GATELLI: No, that was my quote.

6 MR. NARSAVAGE: Well, by Scranton

7 School District's own report, 52 percent of the

8 children in the Scranton School District come from low

9 income families. And a dollar is a lot of money to

10 those people.

11 MS. GATELLI: Well, when I first came

12 here and people were already talking about the pool

13 fees, I called the social service agencies and asked if

14 they had a problem with children being able to pay to

15 swim, and they assured me that no one was being denied

16 swimming.

17 MR. NARSAVAGE: They have to apply for

18 a pass or something of some sort?

19 MS. GATELLI: Yeah, some of them do.

20 MR. NARSAVAGE: Do the children apply

21 or do the parents of the children apply for them?

22 MS. EVANS: The parents.

23 MR. NARSAVAGE: Are they ridiculed when

24 they go to the --

25 MS. GATELLI: I don't know. I don't
.

31


1 know if the neighborhood centers would ridicule them.

2 MS. EVANS: I don't know that they're

3 ridiculed, but I do believe that it has to be at best a

4 humiliating experience to have to bear your sole

5 financially in order to receive assistance for your

6 children.

7 MR. NARSAVAGE: That's exactly what I'm

8 referring to. It was the same thing with the school

9 lunches a few years ago in schools.

10 Okay. I was at the playground on

11 Tuesday. I think I reported that to you, Mrs. Gatelli.

12 The graffiti was not cleaned up. There were about 30

13 or 40 children there from the Sumner School having a

14 nice time riding the slides and the swings, and also

15 reading the graffiti that's around there.

16 Now, there was a fellow that was

17 sitting there -- a school bus driver for the school

18 district. He gave me his name and he asked me to state

19 his name here, but I'm not going to do that, but he

20 just wanted me to know that he thinks that playground

21 is also a disgrace, discouraging.

22 Kids, you know, back there having a

23 good time with a box lunch and a soda and being subject

24 to that filth that's there. I hope we get some results

25 eventually.
.

32


1 MS. GATELLI: I have your fliers,

2 Mr. Narsavage.

3 MR. NARSAVAGE: I'll pick those up.

4 I'll deliver them personally. On Tuesday evening I

5 received a phone call from Mr. Ted Foley. We discussed

6 the problems at -- their concerned with what allegedly

7 took place on private property on Hollow Avenue.

8 I met with four or five of these people

9 during the week, and they supplied me with some

10 pictures that I'm sure everybody has seen. There's a

11 lot more than these six that I have, but Bill Moran

12 promised me he'll give me a whole set of the pictures.

13 It shows city equipment on private

14 property. It's as plain as the nose on your face. You

15 can read Restoring the Pride on the side of the trucks.

16 Wood choppers, and an indication that 600 foot of

17 sewage was put in place at this house.

18 I'm wondering if just listening to all

19 the problems that you have getting Mr. Parker to come

20 here and meet with these people, I wonder if it's

21 possible to consider Section 312, investigations city

22 charter, and serve this man with a subpoena to come

23 here.

24 MR. COURTRIGHT: Mr. Narsavage, if I

25 can interrupt you for one second, please.
.

33


1 MR. NARSAVAGE: Sure.

2 MR. COURTRIGHT: We talked about it at

3 caucus, I believe it was last week, when people came in

4 from Hollow Avenue, and it's been going on for a long

5 time. And I think what we're going to try to do, and

6 Mrs. Gatelli can correct me if I'm wrong, is us,

7 meaning Council, sit down with Mr. Parker and just be

8 straight forward and say, Look it. Here's the picture.

9 Here's these people's evidence. Did they or did they

10 not cut these trees down on private property?

11 If they did, then whoever gave the

12 order, not the worker, because the workers only do what

13 they're told, has to, you know, own up to what they did

14 and has to be punished for it.

15 And if he can prove that they didn't,

16 then he needs to prove that they didn't, because I

17 think this has to come to a head. It's going on for,

18 what, almost two years or over a year?

19 MS. EVANS: Well, they were here in the

20 fall of 2005.

21 MR. COURTRIGHT: So, I think he's going

22 to come in, and I think he's going to speak with us and

23 we're going to get this thing settled one way or the

24 other.

25 MR. NARSAVAGE: Are you going to have
.

34


1 both parties there, the neighbors and Mr. Parker?

2 MR. COURTRIGHT: I don't think he'll

3 come in with us --

4 MS. EVANS: No, Council and Mr. Parker.

5 MR. COURTRIGHT: I don't think he'll

6 come in with the people.

7 MR. NARSAVAGE: Well, with all due

8 respect, I don't agree with that.

9 MS. EVANS: We know what you're saying,

10 and Mr. Courtright, I agree with. The assessment that

11 he's given you is very accurate.

12 Mr. Parker will not meet with the

13 neighbors. He has adamantly declined time after time

14 after time, and so we now have decided to, as a five

15 member body, speak with him privately about the

16 situation.

17 MR. NARSAVAGE: And how is that going

18 to work? If you don't have two parties facing one

19 another, it's going to be he said, he said, if you

20 don't do that.

21 MS. EVANS: I agree, but we met with

22 the neighbors last week. I've known the situation,

23 Mr. Courtright has been aware of the situation since

24 its inception.

25 We have the photographs as evidence.
.

35


1 We will speak to Mr. Parker. As Mr. Courtright said,

2 someone is inevitably responsible for the situation.

3 That must be determined, and then it has to be -- I

4 feel it is a punishable offense, it may perhaps even be

5 a legally punishable offense, and it has to be

6 rectified in toward prevent such occurrences in the

7 future.

8 MR. NARSAVAGE: Well, where does an

9 appointee have the power to dictate to you people on

10 City Council? If he doesn't want to come before the

11 public, use 312 and subpoena him. Why can't we do

12 that?

13 MS. GATELLI: Because our attorney said

14 last week, we can subpoena him, but we have no contempt

15 powers. So, if he doesn't come, we can't punish him in

16 any way. So, I think it's better if you're amicable

17 and you try to meet in a pleasant atmosphere and you

18 try to work things out.

19 You're not going to get anywhere, you

20 know, subpoena him, he doesn't come. We're just going

21 to be in the same situation.

22 MR. MINORA: Judy, additionally, you

23 know, it may involve a personnel matter.

24 MS. GATELLI: It is. It is a personnel

25 matter.
.

36


1 MR. MINORA: And as such -- but as

2 such, that would be exempt from the Sunshine Act and

3 open meetings rules. So, there are a lot of reasons to

4 handle it that way.

5 MR. COURTRIGHT: Mr. Narsavage, if I

6 could say this, we're going to take all the information

7 that the neighbors give us, we're going to present that

8 information to Mr. Parker and we're going to ask him

9 did or did they not cut it on private property.

10 If he says yes, then whoever gave the

11 order needs to be punished in whatever way, shape or

12 form they see necessary.

13 If he says no, then I believe, and

14 everybody correct me if I'm wrong, if he says, No.

15 We're going to say, Mr. Parker, prove to us that it was

16 not done on private property.

17 MS. EVANS: And meet with the

18 neighbors.

19 MR. COURTRIGHT: Right. And then we

20 will, you know, tell the neighbors. I don't think

21 anybody up here, Mrs. Evans and I have been going

22 through it a little bit longer than the other two here,

23 but I don't think anybody wants this to go on any

24 longer. I certainly don't.

25 MR. NARSAVAGE: Well, why is it going
.

37


1 on as long as it did then?

2 MR. COURTRIGHT: Because we couldn't

3 got any answers.

4 MR. NARSAVAGE: Right. A rule of thumb

5 is, if you want to know what somebody is going to do in

6 the future, just look to the past. And it's going to

7 be the same thing all over again.

8 If you don't want to use 312, then why

9 aren't we using 318 from the Administrative Code? The

10 man doesn't live in the city. He lives in Moscow.

11 MR. COURTRIGHT: Well --

12 MS. GATELLI: He has a waiver, and he's

13 allowed to have a waiver by the mayor, and I think

14 Council, the old Council, probably approved it.

15 MR. NARSAVAGE: This gentleman has a

16 lot of leeway in this city.

17 MS. EVANS: Well, I don't know if the

18 old Council approved that waiver, however, I think all

19 of us have to admit that Council does have the power to

20 hire or to fire. We hire and fire but two positions.

21 Those individuals are hand selected by the mayor and

22 can only be terminated by the mayor.

23 MR. NARSAVAGE: Understand. Is that a

24 public meeting or a private behind closed door meeting?

25 MS. GATELLI: It will be private
.

38


1 because it involves personnel.

2 MR. NARSAVAGE: Absolutely. And what

3 can be proven there, as far as the neighbors go?

4 MS. GATELLI: Well, we will report to

5 the neighbors afterward.

6 MR. NARSAVAGE: When is the meeting?

7 MS. GATELLI: Some day next week. I

8 haven't gotten a firm -- I haven't been able to touch

9 base with Parker.

10 MR. NARSAVAGE: Thank you very much.

11 MS. GATELLI: You're welcome.

12 Mr. Bolus.

13 MR. BOLUS: Good evening, Council.

14 Bob Bolus, Scranton. You know, I think we're going to

15 start off tonight with the issue or the article in

16 Parade Magazine that the best deal is in Scranton or

17 one of the best deals or best places to come.

18 Why would that be? It's cheap, it's

19 not expensive. Why is it cheap? We have a Sewer

20 Authority that's in debt four, five times over, and

21 it's trying to figure out another way to get more debt

22 to it and cover up the true debt of the city.

23 It's an area that gives parks away,

24 sells its golf courses, leases prime property for a

25 dollar a year, mortgages and triple mortgages all its
.

39


1 other properties.

2 It sits here and gives everything away.

3 It's KOZs, it's free. Why wouldn't you want to come to

4 Scranton? We're just coming into our own now that

5 everybody out in the outside world, it's like, I don't

6 know, like a lost valley, so to speak, that you would

7 see where it's a prehistoric time.

8 And that's where we are. People are

9 now finding that you can get a deal here, because we

10 don't know how to handle our assets, so everybody in

11 the surrounding states will come here and teach us how

12 to handle our assets by buying them for nothing. It's

13 one heck of a place to come.

14 Follow the leadership. Our

15 administrations put themselves out there. It's given

16 the city away. Now we're going to get nailed with

17 taxes. We can't come out of this debt. We have awards

18 because of arrogance and not caring about the people,

19 the true people of this valley or the senior citizens

20 who are now suffering, the young kids that want to stay

21 here, the families that want to build.

22 How are you going to build here? How

23 are you going to survive? You can't even get jobs

24 here.

25 Now, we really turned around and we
.

40


1 started thinking, and why do they want to come here?

2 Well, it's the city that's broke. It's a business in

3 trouble. It's a distressed place. We can get a hell

4 of a deal here, because they don't know what to do, and

5 that's why they're coming here.

6 Parade found it, now everybody else

7 will find it. The best kept secret in the world. It's

8 easy to come here and get something for nothing,

9 because we have an administration and the politics in

10 this area that pay their lawyers exorbitant amount of

11 money when they don't have it.

12 So, we get on to the real basis issue.

13 What is a tax base? Apparently we don't know what it

14 is. Everybody else out there does, though.

15 A tax base is a structure that we build

16 on, that's our foundation. But we don't have a

17 foundation here. We have a giveaway. It's a raffle.

18 A dollar gets you $5,000 in this city, but the people

19 still have to pay. They have to struggle, they have to

20 get two jobs, they have to deal with a tax increase of

21 40-some percent from the county.

22 They make it hard. Everything is hard

23 on us. But those that are paying five times more

24 elsewhere find this is one heck of a place to come.

25 And what do we do with our assets? We
.

41


1 squandered them. We've given them to the University.

2 We've allowed KOZs to take a free ride, non-profits to

3 beat the heck out of the citizens.

4 And what do we do about it? Nothing.

5 We haven't addressed the tax base. And naturally if

6 you address a tax bass, you would address the tax rate.

7 The better the base, the lower the rate. It's simple.

8 It's not science, but in this town it is, and we're

9 going to get taught the science.

10 Look at all the properties being sold

11 in this city to out of towners right now. Just sit

12 back and go over and see what's going through the

13 recorder of deeds. How many are local people? Very,

14 very few, because it's a deal.

15 In order to do this, I've brought up

16 ideas here, and they've been ignored. Our fire

17 department's getting cut now. We're cutting expenses

18 in all the wrong places, because we're letting people

19 take a free ride.

20 We sold the golf course. We didn't

21 invest the money properly, where it was supposed to go.

22 We gave away the South Side Complex, and we're giving

23 away more and more every day.

24 True, the University brings jobs, but

25 look at the salaries they get and the benefits they get
.

42


1 and they don't even live in the city. And it's for

2 free.

3 So, what do we need to do? I think we

4 should hold a public hearing and bring people in here

5 with ideas to educate the administration and, of

6 course, Council and ourselves to new ideas how to

7 increase the tax base and literally save our city from

8 the outsiders who know a deal, because we're too blind

9 with our administrative people to know that we have a

10 gold mine here and we're giving it away for pennies.

11 Thank you.

12 MS. GATELLI: Thank you. Mike Dudek.

13 MR. DUDEK: Mike Dudek, 608 Depot

14 Street, Scranton. Two or three weeks ago I came here

15 to point out a very dangerous situation at the

16 intersection of Nay Aug Avenue and Albright, where I

17 was able to take a blue garbage can and put it in half

18 way. Well, the only progress that's happened since

19 then is that the garbage can is now down to the level

20 of the street.

21 That hole is enormous, and somebody is

22 going to get killed in it if something isn't done to

23 fix it. I pointed out that you take the biggest piece

24 of fire apparatus this city has, if it comes down the

25 south end of Nay Aug Avenue and its right front tire
.

43


1 hits that hole, you're going to lose a fire truck.

2 It's that bad.

3 I'm not talking about a small pothole.

4 It might not even be a pothole. It could be a sinkhole

5 or it could be manhole cover that has just so totally

6 disappeared that all that was left was just --

7 MR. COURTRIGHT: Mike, we sent it down.

8 We didn't get a response yet. Over here, Mike.

9 MR. DUDEK: Oh, I'm sorry.

10 MR. COURTRIGHT: We sent it down. We

11 got no response yet, correct, Kay?

12 MS. GARVEY: Right.

13 MR. DUDEK: Okay.

14 MR. COURTRIGHT: We'll ask again.

15 MR. DUDEK: Okay. This past Sunday

16 morning Tom Greco, who's the owner of Martini's in

17 Wilkes-Barre was on WILK Radio as an invited guest to

18 talk about economic development in Northeastern

19 Pennsylvania.

20 And the crux or the points that he made

21 centered around the Scranton Chamber of Commerce, The

22 Wilkes-Barre Chamber of Commerce and the Economic

23 Development Counsel of Northeastern Pennsylvania, all

24 of whom he has no use for.

25 The point that he made was that as an
.

44


1 expert in restaurant business, the Chamber of Commerce

2 can't seem to look beyond inviting chain restaurants in

3 with their minimum wages and their policies of trying

4 to be as expensive as they can, paying as little as

5 they can with the profits leaving the area. The

6 profits themselves are leaving the area while they're

7 driving the individual restaurants out of business.

8 And he pointed out that the crux of it

9 was this spiraling effect against local restaurant

10 owners. I think it might be a good idea for Council to

11 get a hold of Mr. Greco and have him come and talk to

12 Council at a caucus to show -- for him to show exactly

13 what he was talking about. I think it would be very

14 interest.

15 His name is Tom Greco. He was the

16 owner of Martini's. If you remember Martini's in

17 Wilkes-Barre, elegant, absolutely elegant. It put him

18 under. He couldn't make it.

19 And the third thing I'd like to point

20 out to you is that you might not know it, but if you

21 were just a reader of The Scranton Times, you would not

22 know that as I'm speaking to you today, The Scranton

23 Times is being sued and could face perhaps as much as

24 $40 million or more in losses because of what it did to

25 a businessman in Pittston. The businessman's name is
.

45


1 Tom Joseph.

2 Have any of you on Council read

3 anything in The Scranton Times about Tom Joseph and his

4 lawsuit against The Scranton Times?

5 Then may I please make a suggestion,

6 that you direct Kay Garvey to have a subscription

7 brought into the City Council to The Times Leader.

8 This has been page one and page three in The Times

9 Leader for the last week.

10 This man had four businesses that The

11 Times helped to put under. He is suing The Times.

12 Now, he could lose, because the case is still

13 going.

14 But if he prevails, he will be able to

15 not only collect for the value of the businesses that

16 were lost, but there will be this little interesting

17 situation as to punishment.

18 And the fact that we can't read it in

19 our own Scranton Times just points out the total lack

20 of juris -- of journalistic responsibility.

21 The reporters in that newsroom have an

22 obligation to cover themselves. And if their own paper

23 is hanging out there and Judge Mark Chiverella has the

24 opportunity to nail this paper for what it's doing

25 wrong, that's who has the case, by the way, Judge Mark
.

46


1 Chiverella in Luzerne County Court.

2 It's a very interesting situation. The

3 reason why I know all about it is because five years

4 ago before he filed this suit, Mr. Joseph asked me for

5 an opinion on it.

6 And I gave him the opinion that based

7 on what was there, he had a very good chance to win it.

8 And he went outside the area to get a law firm to file

9 it. Thank you.

10 MS. GATELLI: Thank you. Jerry Brazil.

11 MR. BRAZIL: Good evening, Council. My

12 name is Jerry Brazil, I work for Mellon Financial

13 Corporation.

14 By way of background, I just want to

15 give you a little history of Mellon and our recent past

16 in working for the city.

17 We were very pleased to be -- to serve

18 as the trustee from 1992 through the year 2000. And,

19 you know, by all accounts the fund performed very well

20 during that period, both in terms of absolute returns

21 and many improvements that the fund enjoyed during that

22 period of time.

23 We worked with the COMPOSITE PENSION

24 BOARD, as well as with the consultant that the city had

25 used at that time and really introduced a lot of
.

47


1 changes to the portfolio in terms of broader

2 diversification to multiple asset classes and so forth.

3 So, the fund really had a nice run

4 there. We were proud to be part of it, frankly, and it

5 enjoyed good performance, as well as a real emphasis be

6 placed on serving the pensioners of all the various,

7 the police, the fire, the non-uniform. We developed a

8 very close relationship with them, as well.

9 Last fall we, again, responded to the

10 RFP, and we were very gratified to learn that the

11 composite pension board had selected us and recommended

12 us to the city to be, once again, selected as the

13 trustee, and we're very happy for that.

14 I was even more gratified this week to

15 learn that the legislation, if you will, had made the

16 agenda in the form of a resolution to consider, once

17 again, having Mellon Bank serve as trustee of the plan.

18 And I can tell you I'll keep my remarks

19 very brief, but Mellon Bank today is an organization

20 with 19,000-plus employees, a Fortune 100 company, and

21 we don't do traditional banking, as you would know it,

22 but we emphasize asset management, asset servicing and

23 serving plans like the City of Scranton, as well as

24 hundreds of plans throughout the country, many of them

25 Fortune 500 and Fortune 100 companies.
.

48


1 So, we can make no assurances regarding

2 future performance, and no one should. But I can

3 assure you that Mellon will bring all the best tools

4 available to us to work with the city, the various

5 composite -- the composite board, as well as the

6 subboards, to bring the best products and services that

7 we have available to help the plan prosper going

8 forward.

9 One of the areas that we've excelled

10 in, we have a special group that serves to find benefit

11 plans. And municipalities, as well as the corporate

12 sector today, are focused on liabilities, future

13 liabilities of the plan and what it means, not only to

14 the participants and retirees, but to the city and

15 shareholders in the corporate sense, but taxpayers in

16 the case of a municipality.

17 We've developed specific tools to take

18 the work that you're actuary has prepared and analyze

19 that for you and give you a line of sight into

20 projections of the liabilities, what it means to you

21 going forward, with the goal really being to be sure

22 that we have developed the proper asset allocations so

23 that the assets are properly deployed against the

24 liabilities of your plan to put you in the best

25 position to meet those liabilities.
.

49


1 So, you know, with that, I'll close by

2 saying we really appreciate the opportunity. We will

3 be very happy to work with you, and I would answer any

4 questions at any time regarding any aspect of the

5 proposal. Thank you for your time.

6 MR. COURTRIGHT: I have a question.

7 I'm glad you're here. I was going to ask Kay to see if

8 she could get in contact with you.

9 I looked through today through all the

10 proposals, and yours was the only proposal where I

11 didn't see a fee for a consulting monitor. Is there

12 going to be a consulting monitor or no?

13 MR. BRAZIL: There is no fee for

14 consulting monitor. All of the performance measurement

15 services are included in our base fee. So, we will

16 provide monitored performance of all the various

17 managers, performance of each asset class and report

18 that to the board like we did for the eight years that

19 we were here every month reporting versus a custom

20 benchmark that is developed specifically for your plan

21 so you have a fair comparison of how your plan is

22 performing versus the appropriate bench mark.

23 But there is no separate consulting

24 fee. The services of selecting managers and reporting

25 performance and coming to you with changes, as we did
.

50


1 during that period of time by adding, for example, we

2 added a mid-cap portfolio because there was none.

3 The portfolio was entirely concentrated

4 in large capped stocks back then. That has paid

5 dividends handsomely over the last few years,

6 particularly the years that we were there, because that

7 area had provided greater performance.

8 So, to answer your question, there are

9 no other fees. We've went through great pains to be --

10 to answer this RFP in the most comprehensive manner

11 possible.

12 We had attorneys review it to be sure

13 we met every facet of what the city wanted. And I have

14 intimate knowledge of that having served for that

15 eight-year period. I was here at every meeting during

16 that period of time.

17 So, the proposal was very detailed and

18 comprehensive. The fees are clear and succinct. There

19 are no hidden fees as they are presented in the

20 material. That is the fee. That's very fair.

21 MR. COURTRIGHT: So, it will never be

22 above 43 basis points?

23 MR. BRAZIL: No, sir.

24 MR. COURTRIGHT: Okay. All right.

25 That's all I have.
.

51


1 MS. NEALON FANUCCI: I have a question.

2 Back when you had the old contract, did you have a

3 manager then?

4 MR. BRAZIL: A manager or a consultant?

5 MS. NEALON FANUCCI: Yeah. Was there

6 somebody -- a consultant manager.

7 MR. BRAZIL: Back then the board used

8 Merrill Lynch as a separate monitor to assist them with

9 some studies they did. They also would come in from

10 time to time and report on performance, usually on the

11 off month that we didn't. They would report on

12 performance just as a double check.

13 MS. NEALON FANUCCI: So, you're doing

14 all of it now, everything?

15 MR. BRAZIL: We did it all then. The

16 board's decision to hire Merrill Lynch was a separate

17 issue, separate contract. That was not through Mellon.

18 MR. COURTRIGHT: Are you going to be

19 using Merrill Lynch again?

20 MR. BRAZIL: No. As I said, we did not

21 use Merrill Lynch --

22 MR. COURTRIGHT: But the board would be

23 able to use Merrill Lynch?

24 MR. BRAZIL: Oh, sure. The board could

25 use Merrill Lynch or any consultant of their choice,
.

52


1 sure.

2 MR. COURTRIGHT: I figured that. Okay.

3 MR. BRAZIL: But you don't have to. I

4 mean, many of our plans have consultants, some don't,

5 but we can work with any consultant. We work with all

6 consultants across the country. Anything else?

7 MS. GATELLI: Thank you.

8 MR. BRAZIL: Thank you.

9 MS. GATELLI: Reverend Simmons.

10 MS. SIMMONS: Good evening, Council.

11 My name is Reverend Cathryn Simmons. I'm a Scranton

12 resident.

13 Psalm 127 tells much about the building

14 and guarding of the city. And I quote, Unless the Lord

15 builds the house, they labor in vain who build it.

16 Unless the Lord guards the city, the watchman stays

17 awake in vain.

18 I bring this statement to you tonight

19 because there has been some media attention on our fair

20 city this past week concerning crime and/or lack of it.

21 The first Monday in May I arose out of

22 a sick bed and went to a Lackawanna Prison board

23 meeting where it was stated that the inmate population

24 at 1371 North Washington Avenue was 912 inmates.

25 This did not include work release,
.

53


1 juvenile offenders, wearer of ankle bracelets,

2 probation and parole. Just inmates.

3 In a city this size, I state again, our

4 county prison is crowded. I didn't say overcrowded, I

5 said crowded.

6 The crimes they're inside for involve

7 drugs, domestic violence, theft, assaults, deadbeat

8 dads, arsons, pedophiles, internet pornography. And

9 people have the nerve to ask me are public safety

10 servants needed. Yes, they are.

11 And I come here tonight to tell you the

12 gang are here. I am on my way to a gang conference in

13 York, Pennsylvania June 8 through 11th.

14 Anyone involved in crime watch groups

15 here in the city and/or out at the prison knows the

16 seriousness of this situation, yet our police, our

17 firemen, our sherif deputies, our assistant D.A.s, our

18 correctional offices and our judges are made to look as

19 though they can be released at any time from their work

20 because Scranton will be as safe as it was in 1955.

21 Well, I am here to tell you that that

22 is a lie. We need each and every public servant that

23 we can fit into our budget, for our streets will not be

24 as they were until we begin to honor those who risk

25 their lives each and every day for us.
.

54


1 I wish there was a way that I could

2 come here and pour out to each and every Scranton

3 resident how important our public servants are, but

4 usually it doesn't come across until something

5 traumatic happens.

6 And then they turn around and they look

7 to the crime watch or to City Council or to the mayor

8 and they want to know where are the police, where are

9 the firemen, where are our people?

10 I say again, and I'll repeat it over

11 and over again, one of our main problems is we don't

12 honor our public servants.

13 So, I come here tonight to tell you,

14 Council, and my fellow Scrantonians, on July the 28, we

15 are going to hold a dinner at St. Mary's Center to

16 honor all areas of the criminal justice community, and

17 from each unit a special award will be given to a

18 special human soul for their acts of kindness to the

19 community this past year.

20 It doesn't involve politics, doesn't

21 involve self indulgence or egotistical acts, just a

22 helping hand that they extended to the community.

23 So, it is with great pride that

24 Florence Midtown Crime Watch states the following :

25 Leonard Namiotka, a wonderful lieutenant from the
.

55


1 Scranton Police Department will receive an award that

2 night, Scranton firemen David Gervasi will receive an

3 award that night, Lackawanna County Sheriff's Deputy

4 Tarik Patrick will receive an award that night,

5 Assistant D.A. Gene Talerico from the Lackawanna County

6 District Attorney's Office will receive an award that

7 night, correctional Officer Paul Voglino from the

8 Lackawanna County Prison will receive an award that

9 night. A special award will go to

10 Judge Michael Barrasse for his establishment of the

11 Lackawanna County drug program.

12 Crime watch prays that all of Scranton

13 will come out that night and support these people.

14 That's what we need, support.

15 I don't mind being the point person, I

16 don't mind walking the streets, I don't even mind

17 getting shot. I don't, because I know where my soul's

18 going, but I want to know what I'm getting shot for.

19 Thank you.

20 MS. GATELLI: Thank you. Janice

21 Kraser.

22 MS. KRASER: Hello, Council. I'm here

23 as a representative of Sloan Little League. First I

24 would like to apologize to Mrs. Evans for not making

25 the meeting on time last week. I had told her I would
.

56


1 be here to speak, and I wasn't able to come.

2 I would also like to thank her and

3 Mr. Courtright for their continued vocalized support of

4 us. It's much appreciated.

5 I was also going to request an apology

6 from Mr. McTiernan, but you said he has a meeting, for

7 his opinion of our fields, which are in pristine

8 condition, other than the teener league field.

9 The only reason the teener league field

10 is not maintained was because we started construction

11 on it last year, and then our grant money was somehow

12 delayed. So, we had to stop construction.

13 We did speak with all of you last week

14 after the meeting, and Mr. McTiernan said he would

15 apologize. So, I would expect one from him at the next

16 meeting.

17 I would also like to clarify that we

18 are willing to work with the school district, but we

19 need to be guaranteed certain things to protect us.

20 All of our children either do or will

21 attend West Side High School at some point, so it's not

22 the children that we're against, but the manner in

23 which it was attempted for them to obtain our field at

24 Mr. Sheridan's request. He has really stunted any kind

25 of progression.
.

57


1 I would like to make you aware that we

2 have had uninterrupted play on our fields for over

3 50 years. This land is Act 70 land which cannot be

4 sold, unless there's state legislation. It's used for

5 recreation, historical and other.

6 And I would like to request at this

7 time that you pass the motion tonight that the

8 contracts go through as they stand at three years.

9 If we should come to an agreement with

10 the school district, we are willing to break our

11 contract with the city, but we would like the

12 protection of that contract until we make an agreement

13 with the school district.

14 I would also like to explain that Sloan

15 Little League does not hold tryouts. All children are

16 welcome at Sloan. We currently have numerous children

17 with disabilities.

18 My son Billy is one of them. He has

19 spina bifida. He has to wear braces to walk. He's

20 paralyzed below the knees, and he does make every

21 effort to be the best baseball player he can be, but he

22 cannot be the best baseball player an able bodied

23 person might be.

24 And other leagues do use tryouts to

25 legally weasel out of having all children play by
.

58


1 having a waiting list.

2 There no such thing at Sloan. We

3 welcome all children. We want our kids to play because

4 they love the game, they want to learn, and not just

5 because of their athletic build or abilities.

6 As per Janet's request from last week,

7 we did buy paint to clear the graffiti from our

8 playground. And I would like to clarify that the

9 ladder on the sliding board, there's no damage, no

10 loose parts, there's nothing. The graffiti is there,

11 and it will be taken care of this weekend most likely.

12 I would also like to request copies of

13 all grant information to all the fields in West Side,

14 as there very well be misappropriation of funds.

15 From my understanding, Lackawanna

16 Little League has gotten extensive grant monies, and

17 these funds are supposed to be based on not only needs

18 and requests, but on the financial status of the people

19 that live within that area for those fields.

20 I'm pretty sure that the majority of

21 people living in brand new houses up in Lackawanna's

22 area that are not paying taxes because of the KOZ are

23 financially more stable than we are.

24 As for Mrs. Gatelli's statements last

25 week that Bishop Hannon and Prep play at our fields,
.

59


1 Prep does not play at our field. They play at Tripps

2 Park. They've never played at our field.

3 But Bishop Hannon does play there,

4 because Mr. Sheridan pulled West Side's teams out, not

5 because we didn't welcome them there. Like I said, our

6 children go to West Side. My daughter goes to West

7 Side.

8 And I guess I don't have to ask

9 Mr. McTiernan to abstain from voting, but I would like

10 to say that he didn't have a conflict of interest in

11 voting, as he is a management position at Scranton

12 School District, and he can possibly benefit from a

13 decision that would work in the school district's favor

14 by being recommended for the job of superintendent,

15 since Mr. Sheridan does not have the qualifications to

16 hold the position that he has.

17 And I do have a copy of our deed, which

18 states that the land is for Sloan. So, if anybody

19 would like it. Thank you.

20 MS. GATELLI: Thank you. Erik Johnson,

21 taxpayer of Scranton. My heart and prayers go out to

22 retired fireman Jerry Langan's family and the passing

23 away of Jerry Langan.

24 Good evening, City Council and staff.

25 Past address, 1425 North Rebecca Avenue, Scranton.
.

60


1 Present time, taking up refuge at the Church of Christ

2 Building, 137 South Main Street, Scranton, a mattress

3 on the floor.

4 I received a notice in the mailbox from

5 the City of Scranton Department of Permits, Inspections

6 and Licensing regarding a code violation of an

7 accumulation of rubbish and garbage and a citation

8 threat that I, my son and his friends helped remove

9 from my house for garbage collection pickup from the

10 DPW to the usual spot of garbage pickup in front of

11 must past house curb.

12 Not one bag was picked up. A neighbor

13 of mine cleaning out when he moved in had 43 bags of

14 rubbish and garbage bags picked up with other articles,

15 and there were no problems with him and his family's

16 pickup, also no problems with the DPW picking up

17 furniture and rubbish in the Hill Section part of

18 Scranton, including students leaving massive amounts of

19 rubbish and garbage blocks long.

20 In the past 28 years living here, I

21 left only one or two bags of trash to be picked up in

22 front of my house.

23 At closing proceedings at my property

24 sale, my then attorney, Paul Kelly, made sure over

25 $1,100, included in interest garbage past due from the
.

61


1 collection agency was paid in full, all of my

2 proceedings of my sale, which left me less money to get

3 an apartment.

4 I paid property taxes up, including

5 city taxes and garbage taxes, which are now no balance

6 left. Paid in full after 28 years living at 1425 North

7 Rebecca Avenue on a fixed income.

8 I cannot afford a dumpster, as a city

9 inspector ordered me in regards for the DPW. I've used

10 up all of my little profit I received from the property

11 sale proceedings, and I shouldn't be singled out to be

12 an exception of not having my sizeable garbage to be

13 picked up, while other sizeable rubbish and garbage are

14 being picked up without a problem or a citation threat.

15 Since my divorce 2004, I have been

16 living on a very limited fixed income, and that was the

17 main reason of me selling my house and moving my -- and

18 moving to a -- I will be moving to a studio apartment,

19 which by all means is not a low income housing

20 apartment, which I try to inform for.

21 Most have been rented out, they tell

22 me, to people who have moved from Scranton from other

23 areas and are classified as priority low income,

24 including me, no, as a senior citizen income

25 Scrantonian.
.

62


1 I've lived here in Scranton since 1953,

2 since I was in the seventh grade. I was born in the

3 United States, and I sold my house for less than the

4 asking price.

5 I called Mr. Liptai, the head of the

6 housing inspector, but did not receive a call back from

7 -- I called Mr. Liptai, the head of the housing

8 inspectors, but did not receive a call back from him I

9 left on his message recording. Thank you for letting

10 me speak. Would you be able to look into this?

11 MS. GATELLI: Yes, certainly.

12 MR. JOHNSON: Thank you so much. I'd

13 really appreciate it. I'm really in a tough bind

14 really. Thank you.

15 MS. GATELLI: Is there anyone else that

16 would like to care to speak before Council?

17 MR. MORGAN: Good evening, Council. I

18 only need about two minutes. I've only got a couple

19 questions, and my first question is, what is the cash

20 reserve of the Scranton Sewer Authority?

21 MR. COURTRIGHT: I have no idea, Lee.

22 MR. MORGAN: Okay. Well, I think we

23 need to look and see what that reserve is, and if that

24 reserve totals enough money to pay off this money they

25 owe to American Anglican, I think we should move the
.

63


1 reserve and pay them. It's a pretty simple thing.

2 MS. GATELLI: I think the Sewer

3 Authority Board would have to do that.

4 MR. MORGAN: Well, absolutely, but, you

5 know, I mean --

6 MS. GATELLI: You can go to the sewer

7 board meeting.

8 MR. MORGAN: Yes, I do know that, but I

9 think the Council should add its two cents into this

10 discussion.

11 MS. GATELLI: Well, we can, but there

12 is a board there that votes and makes the

13 decisions.

14 MR. MORGAN: Absolutely. But I think

15 in the end what's going to happen is the city taxpayers

16 are going to get stuck with all this money, and I think

17 the Council needs to move in a way to protect the

18 residents of this city from any future rate increases,

19 and I think that a little leverage from you and the

20 mayor might help.

21 MS. GATELLI: Well, you're right there,

22 but we have no standing there.

23 MR. MORGAN: Well, I don't think it all

24 has to do with standing. I think that sometimes you

25 speak from positions of authority where you hold
.

64


1 authority in the city and your voice has more merit

2 than other people's voices, and I think it's time for

3 people who have that voice to start using it to protect

4 the residents.

5 MS. GATELLI: We can investigate it for

6 you.

7 MR. MINORA: Just a couple of points.

8 I don't know what is left in the reserve funds, but I

9 can tell you that many times the way those trust

10 indentures are structured, and I know this was true at

11 one time at the Sewer Authority, I don't know if it's

12 still true, but my guess is that it's probably still

13 true, if there's any remaining debt, the trustee bank,

14 investment banker, usually restricts the use of those

15 reserve funds.

16 They're there to insure that the debt

17 can be paid in the event of a shortfall or they're

18 there to improve -- they're set aside to improve the

19 system in the future as the system breaks down so that

20 there won't be an additional borrowing.

21 So, a lot of times the trust funds are

22 set aside specifically, and sometimes unfortunately for

23 that purpose. Because your very practical solution, if

24 that's true, would be a fine one, but unfortunately

25 sometimes those trust documents and bank documents
.

65


1 prohibit the way that those documents can be used, so

2 that, although it would be wonderful if it could be

3 handled that way, it may not very well be able to be

4 done that way legally without violating the trust

5 indenture.

6 MR. MORGAN: Well, I thought the

7 reserve of the Sewer Authority was $30 million, but I'm

8 not sure about that number.

9 5-C, is absolutely a great idea, and I

10 hope that Council will once again put Mellon Bank in

11 control of the pension funds, because I do remember

12 when that came up, when that subject came up, and we

13 changed the people who were responsible for that fund,

14 and they did a terrible job.

15 And Mellon Bank has always given a good

16 return to that pension fund, and I think that that

17 would be a really good decision for this Council and

18 this mayor to make, to give it back to somebody who

19 really knows how to run it, instead of worrying about

20 whether we can borrow some more money off of somebody.

21 And the last thing I have here is, you

22 know, the young lady got up here and spoke about Sloan

23 Field, and I just think that she did a wonderful job,

24 and I think that her ideas are absolutely fantastic.

25 And I hope that this Council will do all it can for her
.

66


1 and for those children. And that's all I have. Thank

2 you.

3 MS. GATELLI: Anyone else?

4 MR. GERVASI: Good evening, City

5 Council. My name is Dave Gervasi. I'm a citizen,

6 resident, homeowner, and I'm the vice president of the

7 firefighters union.

8 Mrs. Gatelli, I want to start off

9 saying, I hate to say this, but it looks like Amil

10 Minora gained a few pounds since the last time I've

11 been here.

12 I'm here tonight obviously -- yeah,

13 he's still a pretty handsome guy.

14 MS. EVANS: And he got younger.

15 MR. GERVASI: I'm obviously here

16 tonight, we haven't been here in a while to speak on

17 issues, but obviously there was a newspaper article

18 today about our arbitration award for the firefighters.

19 I found it quite amusing when I woke up

20 this morning and I read The Times Tribune online and

21 there was a headline about the arbitration award, and

22 it was proceeded by a large red lead-in that said,

23 Exclusive. I found it kind of comical, since The Times

24 Trib is the only daily newspaper in the area. So, I

25 guess everything they print is probably an exclusive,
.

67


1 and they probably feared that the Hill Neighborhood

2 Association Newsletter or the Catholic Light might have

3 beat them to the punch on the article.

4 The story about the article was vintage

5 Times Tribune, and the reason why we're here and the

6 reason why I'd like to thank Mr. Finnerty and Ms. Marks

7 and all the nice people from Channel 61 is because we

8 actually have an opportunity to come here and give you

9 truthful accurate information, because, of course, the

10 article was completely butchered and filled with

11 inaccuracies. So, I'd like to just fill in the people,

12 citizens, of what really took place in that article.

13 I'm sure the article was inaccurate

14 because it sounds like they got their information from

15 just the administration, and that's on purpose.

16 We no longer talk to The Scranton

17 Times, because when a news reporter puts three

18 paragraphs and puts quotation marks around three

19 paragraphs of words I never said, it's time to not

20 really talk to them anymore.

21 And in the words of my president

22 Dave Schreiber, he says, Giving a statement to The

23 Scranton Times is like handing them a bag of rocks that

24 they will immediately start throwing at you.

25 So, let me get to the article. It
.

68


1 starts off saying, just to straighten out a few things

2 on it, that the city is on the hook for $2 million in

3 salary bonuses and increases.

4 Well, to put this in perspective, the

5 first three years of the arbitration award are bonuses,

6 which does nothing for our pension, does nothing for

7 our bottom line of our salary.

8 And if you take the three raises and

9 you spread them out over the five-year contract, it's

10 less than a cost of living raise every year for the

11 five years. So, we're still going backwards relative

12 to inflation.

13 They made a statement here that the

14 firefighters work three 24-hour shifts per week, as

15 opposed to the current schedule of four 12-hour shifts

16 per week, and the firefighters get two days off in

17 between.

18 That's not accurate. We work two

19 10-hour day shifts, immediately work two 14-hour night

20 shifts, then we're off for four days. So, that's the

21 accuracy of that.

22 They also stated in the article that

23 the city currently maintains eight companies, four

24 engine companies, three truck companies and one rescue

25 unit.
.

69


1 We have actually ten stations. We have

2 seven engine companies and only two truck companies.

3 They got the one rescue truck right, so I've got to

4 hand it to them for that.

5 They said our union met two weeks ago

6 at St. Rocco's Church in Pittston. That wasn't

7 correct. It was St. Rocco's Church in Dunmore, which

8 is right over the line in East Scranton.

9 The other part of the article where I

10 feel the mayor took a cheap shot at us was about the

11 three shifts. Then he quotes in the paper, Many

12 firefighters work second jobs, which is why the union

13 opposes a three-shift schedule, the mayor said. They

14 will lose their second jobs, and they don't want to do

15 that. The way the schedule is structured now where the

16 firefighters work two days, then are off for two days

17 before coming in for two nights allows them the freedom

18 to do other jobs, and that's one reason that they are

19 against the shift changes.

20 Well, if the mayor took at least one

21 opportunity to actually attend an arbitration hearing,

22 he would know that we didn't oppose the three shifts.

23 As a matter of fact, we brought up

24 three points about the three shifts. And the mayor was

25 not at one arbitration hearing.
.

70


1 All we said about the three shifts was

2 there's no need to change it, because the city was

3 lying about being broke.

4 And how are they lying? Well, they

5 spent $40,000 on a financial analysis to tell the

6 arbitrator that we were broke, when we used their bond

7 prospectus, their budget, their independent audit, and

8 an independent audit we did that shows there's an

9 operational surplus in our budget since 1999. So, why

10 change anything when we have a surplus?

11 Then we also said -- in the Recovery

12 Plan it says they want to put us on a shift, a type of

13 shift. And it apparently must have came from our fire

14 chief. The shift that they want to put us on, less

15 than two percent of every paid career fire department

16 in the United States and Canada are on that shift.

17 We suggested to the arbitrator that if

18 he does put us on three shifts, can we please do a

19 24-hour shift, because 79 percent of every career

20 department in the United States and Canada is on that

21 shift. It's the most popular shift for many reasons.

22 It's the most efficient shift to run a fire department

23 on.

24 And the other argument we had about the

25 shift was that it's going to increase our hours from
.

71


1 42 hours a week to 48 hours a week. And we said, if

2 you're going to make us work an extra six hours a week,

3 they didn't want to pay us.

4 So, I don't think there's anyone out

5 there in the audience that would go to work on Monday

6 and their boss tells them, By the way, you have to come

7 in for six hours every Saturday or we're not going to

8 pay you, and you wouldn't complain about it.

9 So, we just suggested to the

10 arbitrator, if you're going to put us on the shifts,

11 can we at least get paid for the hours we work? So, it

12 has nothing to do with part-time jobs.

13 But maybe the mayor should be a little

14 less concerned about what firefighters do on their time

15 off and more concerned about his own cabinet members.

16 And I'm sure I'm going to get a lot of retribution

17 about this tomorrow, but I want our cabinet members to

18 know, Don't get mad of me. I've been behaving myself

19 for months and months and months now. But when the

20 mayor takes a cheap shot at us, I'm going to take a

21 cheap shot back. And it's not a cheap shot, it's

22 truthful.

23 Because he should worry about his two

24 full-time solicitors, that they're nowhere to be found

25 here in City Hall. Apparently their full-time
.

72


1 solicitorship job here is a part-time job for them.

2 One member does inspections part-time.

3 One cabinet member teaches part-time. One cabinet

4 member referees sporting events part-time. One cabinet

5 members has a surveying business on the side. One has

6 been using a city vehicle while checking on his roofing

7 business to check on his employees, been seen many

8 times doing that. Even the mayor's a partner in his

9 own part-time family business.

10 So, why would he be concerned about

11 firefighters working part-time when the city's not

12 paying them and it's not costing taxpayer money, it's

13 their own time? He should be worrying about his own

14 people.

15 Just to finish, because I like to be a

16 fair guy, I had to take a shot at them. When they make

17 comments about my members, I'm going to come here and

18 I'm going to shoot back. It's only right and it's only

19 fair.

20 But you got to give credit where

21 credit's due. I noticed on the agenda that we're going

22 to be talking about Mellon Bank. I guess the

23 legislation came down.

24 And I want to thank Mrs. Gatelli and I

25 want to thank Mrs. Evans and I want to thank the mayor
.

73


1 for taking the time to actually look at this situation,

2 study the situation, and I want to thank the mayor for

3 doing the right thing.

4 It's the right thing for the employees,

5 it's the right thing for the city, it's the right thing

6 for the taxpayers. They were the low bidder. They

7 were the best bid that was put in for the job, and

8 their past history has shown that they've always done

9 well for our pension fund.

10 So, in closing, I want to thank Mayor

11 Doherty for actually looking into it, and I would hope

12 that we would have approval tonight of that contract.

13 Thank you so much for letting me speak.

14 MS. GATELLI: Is there anyone else?

15 Chris?

16 MR. SLEDZINSKI: I got some good news,

17 Judy. They won today, 4-2. So, I don't know when

18 they're playing yet. But, Billy, I'll tell you right

19 now, I'm darn proud of you sitting up there, Bill. You

20 and Janet, the best. Thank you.

21 MS. GATELLI: Anyone else care to speak

22 before Council?

23 MS. KRAKE: Good evening, Council. My

24 name is Nancy Krake. And I'd like to comment on one of

25 Mr. Gervasi's comments. It sounds to me more like the
.

74


1 cabinet members consider their city jobs their

2 part-time jobs and their other jobs are their full-time

3 jobs.

4 The first thing I'd like to say is to

5 Mrs. Fanucci, you seem to be having trouble getting

6 figures from OECD. You can ask to look at their

7 vouchers and all the bills. That's all public

8 knowledge, and I'm sure they'll be much more

9 descriptive than a line item in a budget.

10 And I was also wondering if anything

11 has come out of the PEL meetings you've been attending.

12 MS. NEALON FANUCCI: Yes. But we are

13 not allowed to respond on anything that goes on in PEL

14 until the whole entire thing is finished.

15 MS. KRAKE: When will that be?

16 MS. NEALON FANUCCI: Well, we have

17 meetings. I mean, I've been at meetings -- they're

18 scheduled from now until the next few months. I mean,

19 it's constant. This is not -- it's a discovery, it's

20 an input, it's a decision. It's not just a meeting.

21 So, there's nothing that you can do in concrete until

22 it's over.

23 MS. KRAKE: Okay. That's fine.

24 MS. NEALON FANUCCI: And with the other

25 thing, I want to say, he's looking for an audit. He's
.

75


1 looking for the entire thing. I don't think he just

2 wants a few receipts. So, I believed he wanted the

3 entire report.

4 MS. KRAKE: Well, I believe they would

5 be part of a report was my point.

6 MS. NEALON FANUCCI: Oh, I can just get

7 the receipts. Is that what you want?

8 MS. KRAKE: It's not what I want, I'm

9 just telling you that there are other ways to get

10 information. If someone isn't giving you everything,

11 you may want to check a little deeper or dig a little

12 deeper.

13 MS. NEALON FANUCCI: Okay. Thank you.

14 MS. KRAKE: I'd like to go back to one

15 of the things the mayor said during his campaign for

16 mayor.

17 He told us that he had created 3,000

18 new jobs. The reality is after the Single Tax Office

19 has finished collecting the new EMS Tax, there's

20 approximately 800 new jobs maybe. That's just shy a

21 couple thousand of what the mayor originally told us.

22 The only promises this administration

23 keeps are to their elite circle, I'm sorry to say. We

24 can't trust them to run a city for the good of

25 everyone.
.

76


1 I'd like to know when we all lost sight

2 of why we pay taxes. Our tax dollars should be for the

3 vital and necessary community services, community

4 services, like fighting fires, keeping our city safe

5 and keeping our city clean.

6 Instead, our tax dollars are used to

7 fill the pockets of political cronies. You don't have

8 to take my word for it. Just look at this

9 administration's track record.

10 The money from the 30 clerical jobs

11 that were cut went to fund much higher paying middle

12 management jobs and raises.

13 Bad enough these higher paying jobs

14 hurt us in the pocket, but what about our lives? Are

15 we going to allow the same administration to take our

16 tax dollars away from workers who protect us in our

17 daily lives and divert it to the pet projects that

18 satisfy some of their campaign contributors? I hope

19 that doesn't happen to us.

20 If we add the arbitration awards for

21 police and fire, the total of approximately $4 million

22 is just as much as the $4 million this administration

23 has received in raises and jobs over the past five

24 years.

25 That means that over 300 workers,
.

77


1 workers who protect our families and our properties

2 every day, will be receiving the same amount of money

3 as a handful of administrative desk workers received in

4 this administration's first term. That is

5 unbelievable.

6 And to add insult to injury, these

7 workers had to fight to receive their less than cost of

8 living raises five years late.

9 The administration simply handed out

10 tax dollars over to themselves for their raises. Also,

11 don't forget the three quarters of a million dollars

12 the taxpayers have paid to law firms the administration

13 hired to berate these workers.

14 The administration has deep pockets

15 because they are our pockets. And the choices they

16 make as to where our money goes are far from the

17 reality of the daily living for the citizens of

18 Scranton.

19 This is not about cuts or savings.

20 This is about hurting the citizens and the workers of

21 the city. Thank you.

22 MS. GATELLI: Thank you.

23 MR. ANCHERANI: Good evening, Council.

24 I'm Nelson Ancherani, I'm a resident, taxpayer, city

25 employee, and financial secretary of the FOP.
.

78


1 I'm going to add to what Mrs. Krake

2 said, by the end of this year, that $3 million is going

3 to climb to over $5 million with the raise and new

4 hires cumulatively.

5 I'm here tonight to exercise my opinion

6 and First Amendment Rights under the Constitution of

7 the United States.

8 Since Sunday, the newspaper, which I

9 will say again, I won't buy or subscribe, but I will

10 read it for free, has been running a crime story titled

11 Crime in the Cities.

12 I felt compelled to come here to

13 correct what I believe is another slap in the face to

14 the police union.

15 On May 23rd the headline reads, Crime

16 in the Cities. More Cops Are Not the Only Answer. In

17 the article it talks about flexible staffing. We have

18 flexible staffing in our contract.

19 Those words aren't used, but it is

20 flexible staffing. First before I get into that, I'm

21 going to say that when the unions sat down with the

22 city at the bargaining table and they negotiated a

23 contract, and it is signed by the parties, it is

24 binding.

25 It is a contract which is an
.

79


1 enforceable covenant, a formal binding agreement and

2 enforceable by compelling or forcing the parties to

3 abide by that contract.

4 In May of 1999, an agreement was signed

5 by the then mayor James Connors. It was also signed by

6 FOP representatives making it an enforceable covenant

7 or contract. Its effective dates were January 1, '96

8 to December 31, 2002.

9 The union officers had gone four years

10 then without a pay increase. But that's water over the

11 dam.

12 In January 2002, a new mayor was sworn

13 in. Almost immediately a Recovery Plan was drawn up by

14 his administration. By the end of 2002, approximately

15 100 city employees were forced to leave city

16 employment.

17 Contract talks started between the city

18 and unions. The city then filed for arbitration. And

19 when 2003 came around, the old contract stood in effect

20 until this year, when in March of 2000, an arbitrator

21 handed down his Act 111 award.

22 Since then, the city has appealed the

23 award to Lackawanna County Court. The '96-2002

24 contract still remains in place. It's still a

25 contract.
.

80


1 Back to flexible staffing in the

2 '96-2002 contract, there's an agreement called

3 strategic implementation team, hence, called the SIT

4 agreement.

5 The city is saying in the newspaper

6 articles that they can't put manpower where they want

7 and when they want. I refer to that agreement.

8 In the structure of the department

9 there's a D shift. That would basically work from

10 8 p.m. to 4 a.m. That was what was determined by the

11 parties who signed that contract.

12 In the same agreement, there were

13 civilians who were to be hired to do the paperwork for

14 the patrol officers on the street. The purpose of that

15 was to get the patrol officers back on the road as

16 quickly as possible.

17 Mayor Connors violated the SIT

18 agreement and it went to arbitration. The union won

19 and the SIT clerks were hired.

20 When Mayor Doherty took office sometime

21 later, the SIT clerks were eliminated by his

22 administration. This, again, went to arbitration. The

23 city again lost the arbitration, and the arbitrator

24 called it willful and blatant conduct on the part of

25 the city.
.

81


1 This SIT agreement was upheld by

2 Lackawanna County Court and went to Commonwealth Court

3 on appeal. A hearing was held approximately five to

4 six months ago and a decision should be handed down in

5 the future, and hopefully it's the near future.

6 Anyway, this city is saying they can't

7 put officers where and when they want. They can. All

8 they have to do is hire the SIT clerks back. That will

9 free up the patrol officers to get back on the road

10 faster and will give the city the ability to reinstate

11 the D shift, as simple as that.

12 Look at where else they have put

13 flexible staffing. They have CommD officers that work

14 the hours the city wants them to work. They have the

15 school resource officers. They have established bike

16 patrols, K-9 units, and the Pace Unit that was

17 mentioned in this morning's article in the paper. They

18 had a beer squad, they run saturation patrols.

19 The answer to all this was just sitting

20 down and bargaining with the unions, instead of trying

21 to break them.

22 In past contract negotiations, whenever

23 the city cried poverty, the unions gave concessions.

24 The unions always helped the city out in their time of

25 need, but the past administrations treated the unions
.

82


1 with respect. We don't get that now.

2 If the city is so concerned about

3 flexible staffing, why was it said in the arbitration

4 hearings that the city could get by with 40 police

5 officers?

6 With 40 police officers, how do you put

7 sufficient numbers on the street? By the city's own

8 numbers, the police department responded to over 63,000

9 calls last year. How does a police department with 40

10 men handle 63,000 calls, let alone have flexible

11 staffing? Thank you.

12 MR. LYMAN: Anyone else.

13 MR. COURTRIGHT: Okay. Ray's taking

14 over the meeting. Go ahead, Kay.

15 MS. GARVEY: 5-A, Motions.

16 MR. LYMAN: Mrs. Evans.

17 MS. EVANS: Well, thank you, Mr. Lyman.

18 Good evening. For your consideration, several facts

19 several months in advance of the adoption of the 2007

20 operating budget.

21 Number one, the city is well over $200

22 million in long-term debt; two, the American water

23 services arbitration award is well over $5 million, in

24 fact, $5,515,073, plus interest, plus an additional

25 $200,000 in interest, according to Judge Harvey
.

83


1 Bartel's ruling.

2 The police arbitration award is $2.2

3 million, plus interest and penalties and legal fees

4 that accrue as the arbitration is appealed.

5 Fire arbitration, $2 million. The

6 mayor indicates he will appeal, adding, once again,

7 interest, penalties and legal fees to that total award.

8 A total of approximately $10 million is

9 owed now, and we'll pay even more if we're forced to

10 wait and pay later.

11 The city already suffers from a huge

12 deficit. Before this mayor sends any legislation to

13 Council to borrow, refinance, or raise taxes, or lease

14 or sells storm water systems, he first must cut his

15 budget, his costs, his management team and his

16 management salaries to bare bones. There will be no

17 passing the buck this time to the taxpayers or to this

18 Councilwoman.

19 I also have a few citizens' requests

20 for this week. 1021 Richmont Street, a house has been

21 abandoned for over two years. Windows are broken, the

22 grass is over a foot high. Please send an inspector to

23 determine ownership and to contact owner for repairs.

24 At the corner of Meadow Avenue and

25 River Street, US Mini Mart had been constructed, but
.

84


1 before the structure was approved, I was informed that

2 either zoning or planning required a traffic study in

3 the area. What were the results of the study, was a

4 traffic light to be installed and costs incurred by the

5 developer?

6 Of course, this is located in the midst

7 of the Clarion, Gerrity's Supermarket, Wachovia Bank

8 and the mini mart. This intersection is heavily

9 travelled, and many vehicles heading up Meadow Avenue

10 to River Street stop in this intersection expecting

11 either a stop sign or a light. Please provide a

12 written response.

13 1158 Hampton Street, an abandoned house

14 has been vacant for approximately 11 years since the

15 owner died. The property is a tangle of overgrown

16 weeds and presents a fire hazards, according to

17 neighbors.

18 They have called the blight hotline,

19 and someone cuts the grass occasionally. It

20 temporarily and at best partially solves the problem.

21 Neighbors, who keep up their properties, are outraged

22 that they still endure such blight. I want a permanent

23 solution to this eyesore after 11 years of neighborhood

24 tolerance.

25 A memo to Mr. Scopelliti,
.

85


1 correspondence and copies should be forwarded to

2 Kay Garvey, city clerk, not Jay Saunders, who resigned

3 in November 2005.

4 A memo to the mayor, What is the date

5 for the dedication of the plaque honoring Mr. Lasess at

6 the Genesis Wildlife Center?

7 And a letter to Attorney Farrell

8 requesting an immediate update on Mr. Doug Walsh's case

9 regarding his property on Fisk Street.

10 And I also received a phone message

11 this evening from a resident of Gardner Avenue who

12 states that the Sewer Authority has been working on

13 their street for the past month and blocking driveways,

14 as well as the streets, and the residents would have

15 appreciated a warning that this was going to

16 happen.

17 So, in future circumstances, I'm sure

18 the Sewer Authority most often would provide

19 notification. I don't know why it didn't occur in this

20 particular circumstance, but let's get that done

21 whenever the situation arises.

22 And, Kay, I would also like a copy of

23 the contractor developer's agreement between it The

24 Icebox and the City of Scranton or the SRA. And that's

25 it.
.

86


1 MS. GATELLI: Before you start,

2 Mrs. Fanucci.

3 MS. NEALON FANUCCI: I would just like

4 to say, the light was approved on Meadow Avenue and

5 River Street.

6 MS. EVANS: But when is it going in?

7 MS. GATELLI: It should be up within

8 the next six months.

9 MS. EVANS: Six months.

10 MS. GATELLI: Uh-huh.

11 MS. NEALON FANUCCI: Kay, I wanted to

12 see if we can get information on every ordinance we

13 have on our eminent domain for properties in the city

14 and any ordinance on seized property that we have in

15 the city.

16 It seems to be a very large loophole

17 for people who are purchasing to purchase these

18 properties or make the people accountable for what is

19 going on on these properties.

20 There's confusion on whether city owns

21 properties or whether independent people own

22 properties, and it's going on. I've gotten at least

23 four phone calls from people who are actually trying to

24 purchase properties thinking that it's the city's,

25 finding out later on it's not.
.

87


1 We had a case here last week, the same

2 thing. Finding that they are privately owned still,

3 but the city still believes that they hold the title.

4 So, I want to find out exactly where we

5 -- what information we have on that, seeing if we can

6 get somewhere with that.

7 Also, I found out this week that

8 they're allowed five cuts on a road before they have to

9 pave the whole entire road.

10 Now, maybe it's a pet peeve of mine,

11 but, yeah, it's going to happen. I want to see if we

12 can write a letter to Mr. Parker requesting information

13 on how much it would cost to be able to redo a road

14 after only three cuts.

15 A lot of times if the company

16 themselves does not do it, the electric company or the

17 gas company does not, the city comes in and does it

18 themselves. So, I'm just looking on cost, you know

19 prohibitive to see if maybe if worth looking into.

20 Also, I have something to say to

21 Mr. Gervasi. I mean, this, you know me with my sense

22 of humor, if they got your stuff wrong with the paper,

23 chance are maybe a lot of quotes aren't right.

24 We do a lot of responding here to The

25 Scranton Times, and it sort of is not -- I mean, what
.

88


1 does that have to do with what we're doing here in city

2 business? It's a lot of rehashing and responding to

3 what we read in the newspaper. It seems to be like

4 just a constant cycle of just he said, she said.

5 And maybe if we, I don't know,

6 communication just gets a little bit better, we won't

7 have this constant battle between us and -- you know, I

8 feel like I write the paper every time somebody comes

9 up here. I'm like, listen, it has nothing to do with

10 what we're doing.

11 MS. EVANS: You know, I think, if I

12 could just interject. I think Mr. Gervasi's point is

13 this, that the newspaper, or maybe I'm going to inject

14 first, and then perhaps restate what I think I heard

15 you say, the newspaper is so limited in the amount of

16 space that any reporter is assigned to cover any given

17 story, so, of course, you're never going to receive the

18 entire story, that's a given, but oftentimes the

19 newspaper, and I'm setting aside editorials now,

20 because they're purely opinion.

21 MS. NEALON FANUCCI: Right.

22 MS. EVANS: But oftentimes stories have

23 not contained all of the facts. Some of the facts have

24 been reported incorrectly. Quotations have been

25 utilized that were, in fact, not the words of the
.

89


1 individual; in other words, they're using a direct

2 quotation thereby putting words in people's mouths.

3 So, when Mr. Gervasi or any of the

4 other speakers would approach Council, they are

5 discussing city business, but they are attempting to

6 fully inform the listening public of the entirety

7 involved in the situation.

8 I think it's a dual purpose, number

9 one, to correct the misinformation that's been

10 provided, and then to give the listening audience the

11 full information so that they can evaluate any

12 situation in an informed manner.

13 Because we know, you know, there are,

14 as was said, two sides to every story. And if you

15 consistently receive only one side of most of the

16 stories, very often, and I see this even in my

17 classroom, very often people forget there is another

18 side. And that's the great advantage of this hall,

19 that we are able to hear from the other side and make

20 an informed decision. And I think that's all that's

21 basically occurring. I don't think it's any type of

22 slight or any type of offense toward City Council.

23 MS. NEALON FANUCCI: No. And maybe it

24 was not said in the correct form. I think my problem

25 or what I find ironic is a lot of times they're using
.

90


1 it as resource, and I hear in the one same article I

2 hear, And this is what The Scranton Times has said, and

3 it's okay. And then in the next second it's, This is

4 what The Scranton Times has said. So, I mean, it's

5 sort of, you know -- that's the only point I was

6 making. And I actually was doing it as a little bit of

7 a joke to Dave, but it's okay. So, I'm sorry.

8 Anyway, back to my motions. There was

9 only one more thing I wanted to talk about. My

10 meetings with PEL I know is a very touchy issue. And

11 I'm going to tell the public why these are touchy

12 issues.

13 The problem with PEL coming in and

14 declaring this distressed city status, which has been

15 going on for years, has become the spotlight

16 prominently the last few weeks, and especially with all

17 the arbitrations, because PEL are really the people who

18 are guiding the arbitration process. They're the one

19 who gave Act 57 so that there are guidance for the

20 attorneys to go in. That is why this has come to

21 fruition as it is.

22 We are -- in these meetings are such

23 discovering exactly where we are in our city

24 financially. And I know Mrs. Evans had attended, like,

25 two meetings, and it is very, very apparent the
.

91


1 situation we're in.

2 I don't think one of us is up here

3 claiming that we have lots of money or we don't believe

4 the way that the city is being fiscally run is the best

5 that it could be. But these meetings are not a

6 definite.

7 So, I can't get up here and say, Last

8 week we decided that we're going to, you know, cut out

9 the garbage tax for everybody. I just can't do that.

10 That is not what these meetings are about. They're

11 just discovering, and what I believe is to redo the

12 Recovery Plan or figure out if there's another way.

13 I don't believe they're saying this is,

14 you know, exactly what we need to do, but I do believe

15 it's more of a discovery.

16 And I would love to meet with anyone

17 who wants to give any information that I can bring back

18 to them for any guidance, because to be honest with

19 you, I was not around for the writing of the plan, for

20 the discovery of the plan.

21 It was sort of, you know, it was the

22 State's deal, and at the time now here we were. We're

23 still years and years later in the same situation we

24 were. Nothing has been implemented, and I don't

25 believe there's any of us who feel any differently.
.

92


1 We need to really seriously sit down

2 and figure out a solution to where we are. We are in

3 major, major turmoil and taxes.

4 And there's not one of us in the city

5 who do not believe that we do not need taxes. We have

6 to have taxes so that we can pay the people who protect

7 us, so we can pay the people who are out there giving

8 us services. That is what a city is about. It's about

9 service.

10 But beside the service, we have to

11 realize what it is that we are going to be attract --

12 who we're going to attract and how we're going to

13 attract them.

14 Last week I went off on a little --

15 Southern Union. I spoke out of line about Southern

16 Union. I had said what I had heard and they had told

17 me about people coming in.

18 What happens when you do this and it's

19 not in concrete, and I bet the union people know this

20 better than anything, anything's a rumor until it's in

21 black and white and it's signed and it's over. It's a

22 rumor.

23 So, to me, to come up here and report

24 things as they're going on are just rumors at this

25 time. So, that is -- it is a bad issues, and I feel
.

93


1 bad that I can't come back and say to you this is

2 exactly where we are, because I would like to be able

3 to do that, because really where we are is not any

4 different than where we were. We're just discovering

5 what's better for the city. And that's all I have to

6 report on PEL. So, thank you.

7 MS. GATELLI: Thank you.

8 Mr. Courtright.

9 MR. COURTRIGHT: Yes. The gentleman

10 that was here last week about Vine Street, about the

11 trees falling down on his property, after going around

12 and around about it, mostly after Kay going around and

13 around about it, it fell only Mike Luciani's lap. And

14 he says it's not owned by the city. It's owned by a

15 realty company. I'm not going to say their name.

16 So, I have their name and address here.

17 So, Kay, I would ask -- I would imagine it would be

18 Mr. Fiorini, that he send a letter to this realty

19 company, tell them to clean up their property, all

20 right? Do you have it or do you need my copy? Do you

21 have the name?

22 MS. GARVEY: I have it.

23 MR. COURTRIGHT: You have it? Okay.

24 And the police cars, Dave Elliott is saying that

25 Mike Lynady would be the guy to let us know if and when
.

94


1 we're going to get the police cars, and the information

2 we got is to go and see purchasing and to see the

3 purchase order.

4 And once again, Kay did that, and the

5 purchase order was 4/19/06. So, they're saying four to

6 six weeks from the time of the purchase order. So, the

7 best calculation will be May 31, right, that we should

8 be seeing these police cars.

9 I did not ask the number, but I believe

10 it was seven the last time. Do you know, Kay?

11 MS. GARVEY: I didn't find that out,

12 Bill.

13 MR. COURTRIGHT: So, if we can check

14 and see, but hopefully May 31, we'll see the police

15 cars.

16 One thing I neglected to ask, and I

17 will take it up with Dave Elliott myself, we were

18 supposed to be getting police cars for the -- used

19 police cars for the detective bureau, and I don't know

20 what happened there. That just seemed to fall off the

21 face of the earth here. So, I will talk to him about

22 that and see if we can -- we don't want them to slight

23 the detective bureau. I don't know if you've ever seen

24 any of their cars. They're hideous.

25 All right. I'm sorry. I'm going to be
.

95


1 a little bit long tonight. Mr. Parker, I've got give

2 credit where credit's due, he did a lot of work for me

3 and got it to me in time.

4 Railroad Avenue and Broadway, it's a

5 three-way stop sign. The signage that will go up there

6 in addition to that will be so you can't park too close

7 to the stop sign -- our too close to the intersection

8 where the stop sign is so everything is visible.

9 He gave me a whole rendition on why you

10 get a stop sign and how you get a stop sign, and

11 anybody that is interested, I will give them what he

12 gave to me. It's too lengthy for me to read.

13 But one thing it does say in here, and

14 I'll just read this one part, it may not be used for

15 speed control, all right?

16 These -- and Fay, I believe, asked, Why

17 are we listening to PennDOT? We fall under PennDOT's

18 guidelines in the City of Scranton. That's why we're

19 listening to PennDOT.

20 The cost of a traffic signal, and this

21 I think is worth reading, so those of us that are

22 asking for traffic signals, I understand that you can't

23 put a price on life and on accidents, but we only have

24 so much money. Obviously this city doesn't have any

25 money. We're $240 million in the hole.
.

96


1 But let me read this to you. The cost

2 for an engineering study, whether traffic signals is

3 warranted at an intersection, this is just a study, is

4 upwards of $20,000. That's just a study.

5 The cost to design the project if it is

6 warranted could cost upwards of $60,000, all right?

7 So, we got $20,000 and $60,000.

8 The cost to install signal heads, mask

9 arms, poles, control box, pavement detectors, curb and

10 pavement markings for channelized of traffic, et

11 cetera, could cost upwards of $200,000.

12 So, that's why it's not that easy to

13 get a traffic signal. And, again, I'm not trying to

14 put a price on someone's life, but $200,000 is a lot of

15 money.

16 The intersection, and, again, this is

17 all Mr. Parker getting back to me, so I thank him,

18 because I was going to bring this one up again tonight,

19 at the intersection of Dale Avenue and Luzerne Street,

20 I said about 50 broken chunks of pavement. A truck

21 happened to go by there, and the neighbor that lives

22 there is a little irritated. A truck drove by there

23 and kicked all that up and hit his house. Mr. Parker

24 said that will be addressed in the very near future.

25 Why the 500 block -- Les didn't come up
.

97


1 to the podium tonight, he wasn't here -- why the 500

2 block of North Rebecca is a two way and the rest isn't,

3 Mr. Parker said he'd have to investigate that.

4 But I did get E-mails from neighbors on

5 the 500 block of North Rebecca. They do not want that

6 changed, and they have their reasons. And I think

7 that's all I have as far as Mr. Parker is concerned.

8 Mr. Narsavage touched on the police

9 officers. They've been stepping up the patrols as much

10 as possible back in the Tripps Park area.

11 I would like to commend Jill and

12 Melissa, the two beat cops in West Scranton. I've

13 gotten several people coming up to me. I believe

14 because of the warmer weather they're much more

15 visible, and they really, really, if a complaint has

16 been given to them, they have followed up on it. And

17 the people just love them over there. So, don't take

18 Jill and Melissa out of West Scranton. Do you hear

19 that, Dave Elliott?

20 Another one, Lawall Avenue down in the

21 Weston Field area, about two years ago I sent a letter

22 to Mr. Parker about Blair Avenue and Lawall Avenue, and

23 they both had problems with water laying down there,

24 and they weren't going to fix the Blair Avenue one

25 because of the fact the road needed to be milled and
.

98


1 paved.

2 Well, miraculously before the election,

3 that road got milled and paved, so that solved that

4 problem. But somehow Lawall Avenue fell to the

5 wayside.

6 And I called and got the exact address,

7 and I neglected to bring it with me, so I will get

8 that, Kay, and maybe Mr. Parker can go and take a look

9 at it, because that's the one that he said he would be

10 able to fix. So, I'm just -- I think -- I don't think

11 he did it intentional, I just think the man's busy.

12 On Diamond Avenue, and I did not know

13 what Mr. Sbaraglia kept bringing up about the fact that

14 we own a property down there for the DPW, until I went

15 down and looked. And it's the old Cordaro Building,

16 and the city is using it, and there's a lot of problems

17 there.

18 And my understanding is just last week

19 they boarded up the glass that was falling out the

20 front. That was taken care of. I'm using Bob's time

21 here, Judy, if you don't.

22 MS. GATELLI: Go ahead. Take your

23 time.

24 MR. COURTRIGHT: Kay, I asked a while

25 back, OECD, and I don't know if I didn't get a response
.

99


1 or I got it and I didn't see it, but they needed -- the

2 South Side Steelers, and I know they're doing a lot of

3 work in Connell Park, but this is separate.

4 They need $4,000 for the irrigation up

5 there. And I had asked if they could check to that

6 miraculous UDAG fund or RERE Fund that we seem to pull

7 out of the air all the time, if there was $4,000 there

8 for them. And I don't believe I got an answer. If I

9 did, I didn't see it. I apologize. But can we ask

10 that and see if they can get that $4,000? That's been

11 quite a while I asked about that.

12 MS. GARVEY: Okay.

13 MR. COURTRIGHT: And I, too, would like

14 to send my sympathies to Jerry Langan's family.

15 And one last thing, Fellows Park, I

16 believe somebody brought it up tonight and they brought

17 it up last week, the administration said they were

18 going to commit $50,000 to that park. I heard that

19 with my own ears, so hopefully that will be done.

20 But I spoke to a gentleman today that,

21 I don't think he wants his name mentioned, so I'm not

22 going to mention this, from the neighborhood

23 association there, and he had asked that if possible

24 when they go up there and do whatever renovations

25 they're going to do, I'm being told it's going to be
.

100


1 sidewalks and a new playground, which they sorely need,

2 that if electricity could be installed somewhere there.

3 Because the neighborhood, they decorate

4 Allen Park, and they do a great job. They've been

5 doing it for years at Christmastime. And they would

6 like to do Fellows Park, but there's no electricity

7 there.

8 So, if they could add that in while

9 they're doing that $50,000 worth of work, I think they

10 would appreciate that. And that's it. Thank you.

11 MS. EVANS: Mr. Courtright, can we go

12 back to the original discussion of the traffic light

13 over on Railroad and Broadway? PennDOT recently did a

14 study or was it the previous study?

15 MR. COURTRIGHT: Let's see.

16 MS. EVANS: I know they had done one a

17 number of years ago. Prior to the construction of the,

18 let's call it the new highway that leads from

19 7th Avenue down by Scranton High School, you know,

20 right through to West Scranton, so as a result of all

21 that new construction, that particular street,

22 Railroad Avenue and Broadway, is now more heavily

23 travelled than ever before, so that if this traffic

24 study, which is the one, I believe, they're probably

25 still utilizing. This was done so long ago, you know,
.

101


1 prior to that construction, that it's no longer

2 pertinent.

3 And maybe they need to be taking a look

4 at that now, because it really is very dangerous, very

5 heavily travelled, and you know people are parking on

6 both sides of that street, and the traffic travels at

7 excessive speeds.

8 And I think it's a situation where more

9 than stop signs or, you know, parking X-amount of feet

10 from the corner will be warranted.

11 MR. COURTRIGHT: He doesn't reference a

12 date for the traffic study. It just says a traffic

13 study for the intersection has been completed. So, he

14 doesn't reference a date. The only date that he gives

15 me is File of Council No. 35, which we passed, you

16 know, to put them in there.

17 MS. EVANS: Right, which was a week or

18 two ago.

19 MR. COURTRIGHT: So, I will ask him.

20 You know, all the time I say I'll ask or we'll say we

21 ask, actually Kay does the asking usually for us,

22 right? But I think she --

23 MS. GATELLI: Let your fingers do the

24 walking.

25 MR. COURTRIGHT: If we can find out
.

102


1 when the study was done, Kay. If I come in tomorrow, I

2 will call him myself and ask him.

3 MS. GATELLI: There is a traffic light

4 less than a block away from there, too.

5 MR. COURTRIGHT: At the intersection of

6 Luzerne and Railroad.

7 MS. GATELLI: I don't know if they'd

8 put another traffic light that close.

9 MR. COURTRIGHT: I don't know. I don't

10 know how they'd determine that, to be honest with you.

11 MS. EVANS: I don't either, because as

12 we were discussing before about the mini mart, that was

13 a promised evidently prior to the construction of the

14 mini mart, which has been there for many, many, many

15 years.

16 And although the cost appears to be a

17 bit high at $200,000, it certainly -- I really do not

18 understand why it's taken, well, it has to be at least

19 six years.

20 MR. COURTRIGHT: He's given me an in

21 depth thing on stop signs. I don't have anything here

22 on traffic signals. I'm sure he'll supply us with

23 that.

24 MS. GATELLI: I think they did a

25 citywide traffic study. We might be able to get a copy
.

103


1 of that. That's where the light is included for the

2 mini mart. It's included in that traffic study. Donny

3 King probably has it, because he's the one that gave me

4 the information.

5 MS. EVANS: Okay. And my information

6 was coming from residents of the area who remember

7 before the mini mart came in and --

8 MS. GATELLI: It was a condition of the

9 planning commission --

10 MS. EVANS: Yes.

11 MS. GATELLI: -- but they don't any

12 ramifications afterwards.

13 MS. EVANS: They were E-mailing and

14 E-mailing, you know, when, when, when, how many more

15 years.

16 MS. GATELLI: And you have Route 81

17 there, too, the exits. So --

18 MR. COURTRIGHT: You know, the way it

19 reads --

20 MS. GATELLI: No one's disputing that

21 it's not bad there.

22 MR. COURTRIGHT: The way it reads here,

23 I don't know, it kind of tends me to believe it was

24 recent, maybe not. This is a traffic study for the

25 intersection of Railroad Avenue and Broadway Street has
.

104


1 been completed.

2 MS. NEALON FANUCCI: Let's find out.

3 MS. GATELLI: Well, we can ask him.

4 MR. COURTRIGHT: I'll find an exact

5 date. And, again, I've got to thank him. He ran this

6 up here personally to me today so I could have it in

7 time for the meeting, and I thank him for that. And

8 we'll get that answered. Hopefully we can get --

9 MS. EVANS: You know, also that same

10 area is very prone to mine subsidence, cave-ins.

11 They've had numerous situations in the past, and now

12 because of that new construction, they have, despite

13 the fact that no trucks allowed signs were posted,

14 there are large trucks and busses traveling on

15 Railroad Avenue, regardless, and the residents are

16 worried about cave-ins in their, you know, within their

17 own property.

18 MR. COURTRIGHT: I think what is only

19 supposed to be travelling down that road are trucks in

20 from the businesses that are on that road that had

21 existed there, for lack of a better word.

22 MS. EVANS: That's correct.

23 MR. COURTRIGHT: They grandfathered

24 them in.

25 MS. EVANS: Correct.
.

105


1 MR. COURTRIGHT: I would imagine

2 there's many others that shouldn't be there.

3 MS. EVANS: Right. The neighbors all

4 report there are many, many others.

5 MR. COURTRIGHT: And the police, I know

6 firsthand, because I went there with them, they've gone

7 down and checked it. It's just -- I think it's just a

8 matter of manpower. We don't --

9 MS. EVANS: We don't have it.

10 MR. COURTRIGHT: We don't have enough

11 police officers to have them sit there, as many other

12 cases in this city.

13 You know, every week I get residents

14 ask could a police officer stay here and watch this,

15 could a police officer -- and I'm sure that we need

16 someone to do that. It's just we don't have the

17 manpower. So, maybe in the future we'll get more

18 police.

19 MS. EVANS: Or maybe you're going to

20 get less.

21 MR. COURTRIGHT: No, no. We can't have

22 less police. That's a no-no.

23 MS. EVANS: No, I'm not suggesting that

24 that's a good thing, but it seems certainly to be the

25 direction in which the administration is heading,
.

106


1 downsizing public service.

2 MR. COURTRIGHT: I will be very, very

3 opposed to that. You'll see me up here yelling. And

4 Mr. Gervasi is motioning to me about the fire

5 department. I, too, am opposed to that, Dave. That's

6 all I have. Thank you.

7 MS. GATELLI: I guess there's no time

8 left. The only thing I wanted to say was, Mrs. Evans,

9 you might not know, but we did have a meeting with the

10 Icebox at 5:45, and Attorney Minora is going to get all

11 of those leases and agreements from before so that

12 we'll know exactly what's what, because it was very

13 confusing.

14 MS. EVANS: It is confusing, but I

15 think we kind of know what's what already about --it's

16 called getting something for nothing.

17 MS. GATELLI: Well, I'm not sure about

18 that, because Attorney Minora explained a few things to

19 me that I wasn't aware of, so he'll talk to us next

20 week about that situation. And that's all I have.

21 Kay.

22 MS. GARVEY: 5-B - FOR INTRODUCTION - A

23 RESOLUTION - AUTHORIZING THE MAYOR AND OTHER

24 APPROPRIATE CITY OFFICIALS TO ENTER INTO A

25 REIMBURSEMENT AGREEMENT 048809 WITH THE COMMONWEALTH OF
.

107


1 PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION TO

2 PARTICIPATE IN THE 2006 K ROUTES PROJECT AND THEREBY

3 BECOME ELIGIBLE FOR AN ESTIMATED $584,000 IN FEDERAL

4 REIMBURSEMENT FOR CONSTRUCTION COSTS.

5 MS. GATELLI: At this time I'll

6 entertain a motion to introduce 5-B.

7 MR. COURTRIGHT: So moved.

8 MS. EVANS: Second.

9 MS. GATELLI: On the question? All

10 those in favor.

11 MS. EVANS: Aye.

12 MS. NEALON FANUCCI: Aye.

13 MR. COURTRIGHT: Aye.

14 MS. GATELLI: Aye. Opposed? The ayes

15 have it and so moved.

16 MS. GARVEY: 5-C, FOR INTRODUCTION - A

17 RESOLUTION - AUTHORIZING THE MAYOR AND OTHER

18 APPROPRIATE CITY OFFICIALS TO EXECUTE AND ENTER INTO A

19 PROFESSIONAL SERVICES CONTRACT WITH MELLON BANK TO

20 SERVE AS TRUSTEE FOR THE CITY OF SCRANTON PENSION PLANS

21 PER MELLON'S PROPOSAL.

22 MS. GATELLI: At this time I'll

23 entertain a motion that 5-C be introduced.

24 MR. COURTRIGHT: So moved.

25 MS. EVANS: Second.
.

108


1 MS. GATELLI: On the question? All

2 those in favor.

3 MS. EVANS: Aye.

4 MS. NEALON FANUCCI: Aye.

5 MR. COURTRIGHT: Aye.

6 MS. GATELLI: Aye. Opposed? The ayes

7 have it and so moved.

8 MS. GARVEY: 5-D, FOR INTRODUCTION - A

9 RESOLUTION - AUTHORIZING THE MAYOR AND OTHER

10 APPROPRIATE CITY OFFICIALS TO EXECUTE AND ENTER INTO

11 SUPPLEMENTAL ENGINEERING AGREEMENT NUMBER 041912-C WITH

12 TRAFFIC PLANNING AND DESIGN, INC. TO AMEND PART I OF

13 THE AGREEMENT FOR ADDITIONAL FUNDING IN THE AMOUNT OF

14 $52,312.66 TO COVER THE COST OF UPGRADING INTERSECTION

15 PLANS AND TO ADD EMERGENCY PREEMPTION FOR THE CENTRAL

16 BUSINESS DISTRICT SIGNALIZATION IMPROVEMENT PROJECT.

17 MS. GATELLI: At this time I'll

18 entertain a motion that 5-D be introduced.

19 MR. COURTRIGHT: So moved.

20 MS. NEALON FANUCCI: Second.

21 MS. GATELLI: On the question? All

22 those in favor, aye.

23 MS. EVANS: Aye.

24 MS. NEALON FANUCCI: Aye.

25 MR. COURTRIGHT: Aye.
.

109


1 MS. GATELLI: Aye. Opposed? The ayes

2 have it and so moved.

3 MS. GARVEY: Sixth order. 6-A -

4 READING BY TITLE - FILE OF COUNCIL NO. 36, 2006 -

5 AN ORDINANCE - APPROVING THE TRANSFER OF A RESTAURANT

6 LIQUOR LICENSE IN THE NAME OF LITTLE DICK'S, INC. T/A

7 7TH AVE. WEST, CITY OF CARBONDALE, LICENSE NO.

8 R-17472 PRESENTLY HELD IN SAFE KEEPING BY THE PLCB TO

9 G-FORCE ENTERPRISES, INC. T/A BLUES STREET FOR USE AT

10 222 WYOMING AVENUE, THE RITZ BUILDING, SCRANTON,

11 PENNSYLVANIA, 18503 AS REQUIRED BY THE PENNSYLVANIA

12 LIQUOR CONTROL BOARD.

13 MS. GATELLI: You've heard reading by

14 title of 6-A, what is your pleasure?

15 MR. COURTRIGHT: I move that Item 6-A

16 pass reading by title.

17 MS. NEALON FANUCCI: Second.

18 MS. GATELLI: On the question? All

19 those in favor.

20 MS. EVANS: Aye.

21 MS. NEALON FANUCCI: Aye.

22 MR. COURTRIGHT: Aye.

23 MS. GATELLI: Aye. Opposed? The ayes

24 have it and so moved.

25 MS. GARVEY: 6-B, READING BY TITLE -
.

110


1 FILE OF COUNCIL NO. 38, 2006 - AN ORDINANCE - AS

2 AMENDED - SALE OF TAX DELINQUENT PROPERTY AT

3 814 BLUCHER AVE, SCRANTON, PENNSYLVANIA, TO THE IRISH

4 CULTURAL SOCIETY, BOX 3242, SCRANTON, PENNSYLVANIA,

5 18505, FOR THE SUM OF $800.00.

6 MS. GATELLI: You've heard reading by

7 title of Item 6-B, what is your pleasure?

8 MR. COURTRIGHT: I move that Item 6-B

9 pass reading by title.

10 MS. NEALON FANUCCI: Second.

11 MS. GATELLI: On the question? All

12 those in favor, aye.

13 MS. EVANS: Aye.

14 MS. NEALON FANUCCI: Aye.

15 MR. COURTRIGHT: Aye.

16 MS. GATELLI: Aye. Opposed? The ayes

17 have it and so moved.

18 MS. GARVEY: Seventh order. 7-A, FOR

19 CONSIDERATION BY THE COMMITTEE ON RULES - FOR ADOPTION

20 FILE OF COUNCIL NO. 32, 2006 -

21 MS. GATELLI: Mrs. Garvey, before you

22 read this, I'd like to make an amendment to this piece

23 of legislation. I'd like to amend it to read for a

24 period of one year beginning April 15, 2006 and ending

25 April 14, 20009.
.

111


1 MS. NEALON FANUCCI: Second.

2 MS. GATELLI: On the question?

3 MS. EVANS: This -- one second. And

4 What is the reason for the amendment?

5 MS. GATELLI: The reason for my

6 amendment is so that the school district and Sloan

7 Little League can have a year's time to see if they can

8 work out an agreement. If not, then next year we'll

9 give them ten years or whatever.

10 But I think if we give them a

11 three-year, then it puts the little league to an

12 advantage, and if we give them a year, I think both of

13 them can work together.

14 Kathleen McGuigan has been working with

15 the little league, and she told me that the

16 negotiations have been very fruitful.

17 I don't want to see the kids at West

18 Scranton High School hurt, I don't want to see the

19 Sloan Little League kids hurt.

20 And I think if we give them a year,

21 we're not hurting anybody, you know we're going to give

22 them time to see if they can come up with an agreement.

23 If they can't, they can't. If they're

24 not going to give the little league what they want,

25 then so be it.
.

112


1 MS. EVANS: Well, Sloan would like to

2 receive what all of the other little leagues and junior

3 football leagues are receiving.

4 True, they are in negotiations with the

5 school district, but they have indicated that the lease

6 can be broken in the event that an agreement is

7 reached, however, if they receive a lease for only a

8 period of one year, I think that will severely

9 jeopardize the negotiation process.

10 MS. GATELLI: And I feel the opposite.

11 I feel if they get three years, then that will severely

12 hamper it. All the little leagues will get one year.

13 When I was here working for Mayor

14 Connors, no little league had a lease, because if you

15 don't have a lease, you just keep going from year to

16 year. Nobody really bothers the little leagues.

17 And if we give them a year, I don't see

18 any harm in that. They have a lease for a year. And

19 it would include all the little leagues would have a

20 lease for a year.

21 I'm just concerned, because I've dealt

22 with both sides, and I've gotten conflicting stories

23 from both sides. So, I don't really think that either

24 side is really going to get serious, unless they sit

25 down and try to work it out.
.

113


1 And Kathleen McGuigan has really been

2 very successful. And I also heard that from the Sloan

3 Little League, that she was the first person that

4 really brought things forward and was sincere with

5 them.

6 MS. EVANS: Well, it's -- there's much

7 more involved in it now than that, and there are

8 attorneys involved.

9 And I'm only, you know, I am going to

10 state once again that I believe it will seriously

11 jeopardize the availability of those fields to the

12 school district if this vote passes tonight. I believe

13 that Sloan will very possibly withdraw from any

14 negotiations.

15 MS. GATELLI: Well, so be it. If they

16 do, they do.

17 MS. NEALON FANUCCI: I just want to

18 know why. Why would they withdraw if they've only -- I

19 mean, all they've done is cut their time out. If

20 they're in serious negotiations, and they seem to be

21 going favorably, then what would be the difference of

22 having to do it next year the same thing and coming to

23 us if they did not get where they need to be --

24 MS. EVANS: Well --

25 MS. GATELLI: Because they want to have
.

114


1 the upper hand.

2 MS. EVANS: No. Negotiations --

3 MS. GATELLI: They want to have three

4 years and have the upper hand and dictate. That's what

5 they want.

6 MS. EVANS: Well --

7 MS. GATELLI: -- and I don't think it's

8 fair to the rest of the kids in West Scranton. You

9 people don't know, because you don't see them every

10 day.

11 I have petitions on my desk from 100

12 kids that go to West Scranton High School and their

13 families. And they're taxpayers, too, and I think they

14 have just as much right to use that teener field as the

15 Sloan Little League does.

16 MS. EVANS: And, you know, they

17 certainly do, Mrs. Gatelli, and they always did use it

18 until Mr. Sheridan was told --

19 MS. GATELLI: Well, I can't --

20 MS. EVANS: -- Mr. Sheridan --

21 MS. GATELLI: Well, I can't account for

22 Mr. Sheridan.

23 MS. EVANS: -- that Mr. Sheridan could

24 not take over those fields and purchase them, he made

25 the decision to pull West Scranton off that field.
.

115


1 MS. GATELLI: Well, that's the story

2 you heard, but that's not the story I heard.

3 MS. EVANS: No, I was there. That's

4 the story I know to be true. I was an elected official

5 at the time.

6 MS. GATELLI: Well, I wasn't, but I

7 deal with the children every day, and I don't see where

8 a one-year lease is going to hurt anybody. They have a

9 lease for a year. Next year we'll give them another

10 lease. Anyone else on the question? All in favor.

11 MS. NEALON FANUCCI: Aye.

12 MS. GATELLI: Aye. Opposed?

13 MS. EVANS: No.

14 MR. COURTRIGHT: No.

15 MS. GATELLI: Then it dies, 2-2. Do

16 you want to -- do you have to read the other one now,

17 Attorney Minora?

18 MS. GARVEY: 7-A, FOR CONSIDERATION BY

19 THE COMMITTEE ON RULES - FOR ADOPTION - FILE OF COUNCIL

20 NO. 32, 2006 - AUTHORIZING THE MAYOR AND OTHER

21 APPROPRIATE OFFICIALS OF THE CITY OF SCRANTON TO ENTER

22 INTO LEASE AGREEMENTS WITH VARIOUS LITTLE LEAGUE,

23 TEENER LEAGUE, MISS-E LEAGUE, AND JUNIOR FOOTBALL

24 LEAGUE ASSOCIATIONS FOR USE OF CITY-OWNED PROPERTY IN

25 CONNECTION WITH APPROVED LITTLE LEAGUE, TEENER LEAGUE,
.

116


1 MISS-E LEAGUE, AND JUNIOR FOOTBALL LEAGUE ACTIVITIES

2 FOR A THREE-YEAR PERIOD BEGINNING APRIL 15, 2006 AND

3 ENDING APRIL 14, 2009.

4 MS. GATELLI: As chairperson for the

5 committee on rules, I do not recommend final passage of

6 7-A.

7 MS. NEALON FANUCCI: Second.

8 MS. GATELLI: On the question?

9 MS. EVANS: Yes. I might suggest that

10 there could be a conflict of interest involved in this

11 vote, in that, you know, as was stated earlier tonight,

12 although he's absent this evening, one of our Council

13 members is a member of the administration of the

14 Scranton School District, and, Mrs. Gatelli, you are an

15 employee, as am I of the Scranton School District, but

16 you are --

17 MS. GATELLI: Well, then the three of

18 us should abstain.

19 MS. EVANS: Well, you are employed in

20 the school that is directly involved in this

21 negotiation.

22 MS. GATELLI: Mrs. Evans, did you

23 receive any campaign contributions from the Sloan

24 Little League?

25 MS. EVANS: No, not that I know of.
.

117


1 MS. GATELLI: Well, I think you better

2 look at your report.

3 MS. EVANS: I will.

4 MS. GATELLI: Because I think if you

5 received a contribution, then you should abstain.

6 MS. EVANS: Then I would be happy to,

7 as well.

8 MS. GATELLI: I can't believe that

9 people can't cooperate for children. We're talking

10 about all children, and people cannot cooperate. I

11 can't understand it.

12 MS. EVANS: And I absolutely agree with

13 you. I can't understand when we're serving the same

14 children, who are five and six years old now and become

15 14 through 18 and go through a high school system, how

16 we want to take something for one group and say now you

17 can't have it anymore, when, in fact, everyone --

18 MS. GATELLI: No, that's not going to

19 happen.

20 MS. EVANS: -- everyone --

21 MS. GATELLI: That's not going to

22 happen.

23 MS. EVANS: -- everyone --

24 MS. GATELLI: That's not --

25 MS. EVANS: -- everyone was --
.

118


1 MS. GATELLI: That's not going to

2 happen, Mrs. Evans.

3 MS. EVANS: Excuse me, Mrs. Gatelli.

4 MS. GATELLI: That's not going to

5 happen, Mrs. Evans. Stop portraying it in that manner.

6 MS. EVANS: Mrs. Gatelli, please don't

7 interrupt. That's quite rude.

8 MS. GATELLI: You're the one that

9 interrupts all the time.

10 MS. EVANS: No. I was speaking --

11 MS. GATELLI: Yes, you do.

12 MS. EVANS: -- and you interrupted,

13 which you continue to do. However --

14 MS. GATELLI: I'm going to continue to,

15 because you're not telling the truth.

16 MS. EVANS: Yes, I am telling the

17 truth.

18 MS. GATELLI: No, you're not.

19 MS. EVANS: And the situation remains

20 --

21 MS. GATELLI: One year lease would

22 suffice,

23 MS. EVANS: The schools -- West

24 Scranton High School and the children used those fields

25 together peacefully for many years, until West Scranton
.

119


1 High School wanted to take it over. I see no reason

2 why they both can't continue to use those fields

3 jointly and peacefully as they always did.

4 MS. GATELLI: And that's what we're

5 hoping for, that they'll use them peacefully.

6 MR. COURTRIGHT: Ray, be quiet. You

7 can't talk from out there.

8 MS. GATELLI: Sides have their opinion.

9 So, I say if we give them a year to try to work it out,

10 and then if they can't work it out, then we'll go from

11 there.

12 MS. EVANS: That's already been voted

13 down.

14 MS. GATELLI: I would be willing to sit

15 on a committee. I would be willing to sit there and

16 help them. Anybody else on the question?

17 MR. COURTRIGHT: Could somebody explain

18 to me what a yes vote and no vote would be now?

19 MR. MINORA: It would be similar --

20 MS. GATELLI: How can I recommend it

21 and then vote it down?

22 MR. MINORA: I believe that -- as Kay

23 and I were talking about it, this has happened before,

24 so that -- because you didn't recommend it, you

25 probably should vote the opposite way of what your gut
.

120


1 would tell you normally in order to be correct.

2 So, that a yes vote would be a yes vote

3 in support of your non-recommendation; do you

4 understand what I'm saying? And a no vote would be a

5 no vote in the negative towards your

6 non-recommendation. Do you understand?

7 MR. COURTRIGHT: So, Mrs. Gatelli needs

8 to vote yes to get it the way she would like it.

9 MR. MINORA: Exactly. If you're voting

10 for Mrs. Gatelli's motion, it would be a yes vote for

11 her recommendation.

12 MS. GATELLI: Anyone else on the

13 question?

14 MS. CLERK: Do you know what you're

15 doing with roll call, what the votes are going to mean?

16 Okay.

17 MR. COOLICAN: Mrs. Evans.

18 MS. EVANS: No.

19 MR. COOLICAN: Mrs. Fanucci.

20 MS. NEALON FANUCCI: Yes.

21 MR. COOLICAN: Mr. McTiernan.

22 Mr. Courtright.

23 MR. COURTRIGHT: No.

24 MR. COOLICAN: Mrs. Gatelli.

25 MS. GATELLI: Yes.
.

121


1 MS. EVANS: Well, then I think what has

2 occurred then is in effect, Attorney Minora, that no

3 little league or football junior football league will

4 receive a lease; is that correct?

5 MS. GATELLI: They will not receive a

6 three-year lease.

7 MR. MINORA: That's correct.

8 MS. EVANS: Well, they're not -- right.

9 But at this point that means they have no lease because

10 their leases have expired.

11 MR. MINORA: That is correct.

12 MS. GARVEY: 7-B, FOR CONSIDERATION BY

13 THE COMMITTEE ON COMMUNITY DEVELOPMENT - FOR ADOPTION -

14 RESOLUTION NO 56, 2006 - AUTHORIZING THE MAYOR AND

15 OTHER APPROPRIATE CITY OFFICIALS FOR THE CITY OF

16 SCRANTON TO ENTER INTO A LOAN AGREEMENT AND MAKE A LOAN

17 FROM THE GROW SCRANTON REVOLVING LOAN PROGRAM, PROJECT

18 NO. 06-234 IN AN AMOUNT NOT TO EXCEED $25,000.00 TO

19 BRIDGET M. FOLEY D/B/A SALON BRIGINE, TO ASSIST AN

20 ELIGIBLE PROJECT.

21 MS. GATELLI: What's the recommendation

22 of the chairperson on community development?

23 MS. NEALON FANUCCI: As the chairperson

24 for the committee on community development, I recommend

25 final passage of Item 7-B.
.

122


1 MR. COURTRIGHT: Second.

2 MS. GATELLI: On the question? Roll

3 call.

4 MR. COOLICAN: Mrs. Evans.

5 MS. EVANS: Yes.

6 MR. COOLICAN: Mrs. Fanucci.

7 MS. NEALON FANUCCI: Yes.

8 MR. COOLICAN: Mr. McTiernan.

9 Mr. Courtright.

10 MR. COURTRIGHT: Yes.

11 MR. COOLICAN: Mrs. Gatelli.

12 MS. GATELLI: Yes. I hereby declare

13 Item 7-B legally and lawfully adopted. Do I have a

14 motion to adjourn?

15 MR. COURTRIGHT: So moved.

16 MS. GATELLI: Second. All in favor?

17 Adjourned.

18

19 (MEETING WAS ADJOURNED.)

20

21

22

23

24

25 C E R T I F I C A T E
.

123


1

2 I hereby certify that the proceedings and

3 evidence are contained fully and accurately in the

4 notes taken by me on the hearing of the above cause and

5 that this copy is a correct transcript of the same

6 to the best of my ability.

7

8

9
LISA M. GRAFF, RMR
10 Official Court Reporter

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25