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1 SCRANTON CITY COUNCIL MEETING

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5 HELD:

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7 Tuesday, September 11, 2007

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9 LOCATION:

10 Council Chambers

11 Scranton City Hall

12 340 North Washington Avenue

13 Scranton, Pennsylvania

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CATHENE S. NARDOZZI- COURT REPORTER
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2 CITY OF SCRANTON COUNCIL:

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4 MS. JUDY GATELLI, PRESIDENT

5
MS. JANET E. EVANS
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7 MS. SHERRY FANUCCI

8
MR. ROBERT MCGOFF
9

10 MR. WILLIAM COURTRIGHT (Not present.)

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MS. KAY GARVEY, CITY CLERK
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13 MR. COOLICAN, ASSISTANT CITY CLERK

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MR. AMIL MINORA, SOLICITOR
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1 MS. GATELLI: I'd like to welcome

2 everyone back to the city council meeting.

3 This evening we have some special guests

4 with us. We have a Boy Scout Troop from

5 North Scranton and they are going to help

6 us in the Pledge of Allegiance.

7 (Pledge of Allegiance recited.)

8 MS. GATELLI: Please remain up here

9 because, as you know, today is a special day

10 in the United States of America. We are

11 celebrating the sixth anniversary of 9/11,

12 and I'm sure all of the children are aware

13 of that and we here when it happened. There

14 were many people who sacrificed their lives

15 to help others and many lives of mothers,

16 fathers, children were lost in that tragic,

17 tragic incident, and I think it would be

18 fitting for us this evening, even though I

19 have a terrible voice, to sing the National

20 Anthem to honor all of the 9/11 victims. So

21 if someone has a good voice they can start.

22 (National Anthem sung in unison.)

23 MS. GATELLI: Please remain standing

24 for a moment of silence for all of the

25 people who lost their lives and are still
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1 continue to suffer with various diseases

2 that they have received from the debris.

3 (Moment of silence observed.)

4 MS. GATELLI: Thank you very much.

5 Roll call.

6 MR. COOLICAN: Mrs. Evans.

7 MRS. EVANS: Here.

8 MR. COOLICAN: Mrs. Fanucci.

9 MS. FANUCCI: Here.

10 MR. COOLICAN: Mr. McGoff.

11 MR. MCGOFF: Here.

12 MR. COOLICAN: Mr. Courtright. Mrs.

13 Gatelli.

14 MS. GATELLI: Here. Dispense with

15 the reading of the minutes.

16 MS. GARVEY: Third order. 3-A.

17 MINUTES OF THE POLICE PENSION COMMISSION

18 MEETING HELD ON MAY 23, 2007.

19 MS. GATELLI: Are there any

20 comments? If not, received and filed.

21 MS. GARVEY: 3-B. MINUTES OF THE

22 NON-UNIFORM MUNICIPAL PENSION BOARD MEETING

23 HELD ON JUNE 27, 2007.

24 MS. GATELLI: Are there any comments?

25 In not, received and filed.
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1 MS. GARVEY: 3-C.

2 MS. GATELLI: Are there any

3 comments? If not, received and filed.

4 MS. GARVEY: 3-D. MINUTES OF THE

5 POLICE PENSION COMMISSION MEETING GELD ON

6 JUNE 27, 2007.

7 MS. GATELLI: Are there any

8 comments? If not, received and filed.

9 MS. GARVEY: 3-E. MINUTES OF THE

10 SCRANTON-LACKAWANNA HEALTH & WELFARE

11 AUTHORITY BOARD MEETING HELD ON JULY 19,

12 2007.

13 MS. GATELLI: Are there any

14 comments? It not, received and filed.

15 MS. GARVEY: 3-F. AGENDA FOR THE

16 NON-UNIFORM MUNICIPAL PENSION BOARD MEETING

17 HELD ON JULY 25, 2007.

18 MS. GATELLI: Are there any

19 comments? If not, received and filed.

20 MS. GARVEY: 3-G. MINUTES OF THE

21 COMPOSITE PENSION BOARD MEETING HELD ON JULY

22 25, 2007.

23 MS. GATELLI: Are there any comments?

24 If not, received and filed.

25 MS. GARVEY: 3-H. MINUTES OF THE
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1 NON-UNIFORM PENSION BOARD MEETING HELD ON

2 JULY 25, 2007.

3 MS. GATELLI: Are there any comments?

4 If not, received and filed.

5 MS. GARVEY: 3-I. MINUTES OF THE

6 FIREMEN'S PENSION COMMISSION MEETING HELD ON

7 JULY 25, 2007.

8 MS. GATELLI: Are there are comments?

9 If not, received and filed.

10 MS. GARVEY: 3-J. MINUTES OF THE

11 POLICE PENSION COMMISSION MEETING HELD ON

12 JULY 25, 2007.

13 MR. DAVIS: We can't hear you.

14 MS. GATELLI: Are there any comments?

15 If not, received and filed.

16 MS. GARVEY: 3-K. CONTROLLER'S REPORT

17 FOR THE MONTH ENDING JULY 31, 2007.

18 MS. GATELLI: Are there any comments?

19 If not, received and filed.

20 MS. GARVEY: 3-L. APPLICATIONS AND

21 DECISIONS RENDERED BY THE ZONING HEARING

22 BOARD MEETING HELD ON AUGUST 15, 2007.

23 MS. GATELLI: Are there any comments?

24 If not, received and filed.

25 MS. GARVEY: 3-M. AGENDA FOR THE
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1 NON-UNIFORM MUNICIPAL PENSION BOARD MEETING

2 HELD ON AUGUST 22, 2007.

3 MS. GATELLI: Are there any comments?

4 If not, received and filed.

5 MS. GARVEY: 3-N. AGENDA FOR THE

6 ZONING HEARING BOARD MEETING TO BE HELD ON

7 SEPTEMBER 12, 2007.

8 MS. GATELLI: Are there any comments?

9 If not, received and filed.

10 MS. GARVEY: 3-O. PETITION FOR A

11 STREET LIGHT IN THE 900 BLOCK OF WOOD

12 STREET?

13 MS. GATELLI: Are there any comments?

14 If not, received and filed.

15 MS. GARVEY: 3-P. PETITION FOR A

16 STREET LIGHT IN THE 400 BLOCK OF TENTH

17 AVENUE.

18 MS. GATELLI: Are there any comments?

19 If not, received and filed.

20 MS. GARVEY: 3-Q. PETITION FOR A

21 STREET LIGHT IN THE 1000 BLOCK OF COTTAGE

22 AVENUE.

23 MS. GATELLI: Are there any comments?

24 I would just like to make one comment before

25 we finish up with these streetlights, it has
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1 come to our attention that we are sending

2 streetlight requests down to the Department

3 of Public Works and people are getting the

4 impression that council is approving the

5 installation of these streetlights. We are

6 only forwarding the petitions to the

7 Department of Public Works who in turn gives

8 them to M & M, which is the consulting firm

9 that has purchased these street lights from

10 the City of Scranton, and they then

11 determine if the streetlight is needed and

12 the cost of the streetlight.

13 So our procedure from now on will be

14 you may pick up a petition at city council,

15 but it must then be forwarded to the

16 Department of Public Works because the city

17 council has no jurisdiction to approve or

18 disapprove a streetlight. So, in the future

19 the streetlight petitions will go directly

20 to the Department of Public Works, I just

21 wanted to clarify that. Thank you.

22 Mrs. Garvey.

23 MS. GARVEY: 3-R. PETITION TO CHANGE

24 THE 1000 BLOCK OF COTTAGE AVENUE TO ONE-WAY.

25 MS. GATELLI: Are there any comments?
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1 If not, received and filed.

2 MS. GARVEY: That's it for third

3 order.

4 MS. GATELLI: Before we start with

5 the public input, I just have a few

6 announcements to make. St. Stanislaus Youth

7 Center asks that we make an announcement

8 that they are having a festival Sunday,

9 September 16, from noon to six at the youth

10 center, 5:30 East Elm Street in Scranton.

11 They will have home made Polish food, a bake

12 sale, games, raffles, crafts and vendors

13 sponsored by St. Stanislaus Elementary

14 School.

15 The rescue mission on Gordan Avenue

16 citations were issued by the City of

17 Scranton on that particular project and the

18 hearing is this Thursday, the 13th, at 1:00

19 at Magistrate Kennedy's office for anyone in

20 that neighborhood that's interested in

21 going.

22 We've remembered some people today

23 from 9/11 and I also think that it's fitting

24 that we remember one of our soldiers that

25 has died recently fighting for all of our
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1 freedom. He happens to be the son of a

2 friend of mine who I worked with as a nurse

3 at Moses Taylor Hospital. She still works

4 at Moses Taylor and I have spoken to her and

5 I told her that I was going to announce

6 tonight where to send any money that you

7 would like to commemorate in her son's name

8 to her grandson's fund, who his name is

9 Jakub, J-A-K-U-B, Prorock, and they are

10 accepting donations to the Jakub Fund, PNC

11 Bank, 533 Main Street, Peckville, PA, 18452,

12 and I would just like to say that this

13 council is very, very proud of Jan Argonish,

14 very proud of him for defending us and his

15 country and his mom told me that he believed

16 in the war, he really believed that they

17 were there and having an impact and doing

18 the right thing, so that made me feel

19 better, not too much better because I don't

20 think the war is necessary, that's only my

21 personal opinion, but I think that we should

22 honor Jan for dying for his country, a nice

23 young man and left a grandson, so let's just

24 have one more moment of silence for Jan

25 Argonish.
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1 (Moment of silence observed.)

2 MS. GATELLI: Thank you. Just one

3 more thing, it has come to my attention

4 there are several times in the past year

5 that the zoning board has voted against a

6 particular project and it seems that when

7 the people appeal the project it goes down

8 to the courthouse and a judge hears the case

9 and sometimes the case is overturned, and I

10 have heard that sometimes they are

11 overturning the cases because no one came to

12 the zoning board to object even though maybe

13 it was wrong and the zoning board absolutely

14 did the correct thing, they are taking it, I

15 don't know if they are doing it legally, you

16 know, on legal issues or hardship issues,

17 but I am continuing to get complaints about

18 one specific case and I have gone there and

19 the place is a mess. The neighbors are

20 complaining and I just would like to see if

21 we can't send a letter to the judge, I think

22 the President judge is Chester Harhut, on

23 behalf of council if everyone would agree.

24 I don't find it necessary that we do a

25 motion, but if everyone would agree that
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1 they would please take into account that the

2 zoning board is appointed by council, they

3 do represent the people, I think that they

4 are all doing a fine job on the zoning

5 board, I think it's one of the best zoning

6 boards we have had in years. Illegal

7 apartment conversions aren't happening

8 anymore and illegal businesses, and I think

9 that it hurts them and it hurts their cause

10 when right down the street they are being

11 overturned.

12 So I would like you to send that

13 letter, Kay, and if they want to meet with

14 us that would be fine. Maybe there are

15 reasons that this is happening, but then

16 it's coming back to council and we are

17 getting the complaints about the properties,

18 so I would also like to make the judges

19 aware of that, that it's not going away and

20 we are continuing to get the complaints, so

21 I just want to have that on. Does anyone

22 else have any announcements? Mr. McGoff?

23 MR. MCGOFF: I would just like to

24 commend the county commissioners on the

25 ceremony that was conducted this morning at
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1 McDade Park as a memorial ceremony for 9/11.

2 It was well attended by members of the fire

3 and police departments of Scranton and local

4 communities. A number of elected officials

5 were also present. The ceremony was

6 conducted by Mr. Charles Spano and I think

7 the most moving part of the commemoration

8 was the bell ceremony, the traditional

9 firemen's bell ceremony that was conducted

10 by the, and I hope I get the title, it was

11 conducted by lieutenant Dave Gervasi of the

12 Scranton Fire Department, and the

13 commemoration was very nice even though it

14 was in a driving rainstorm, but they had

15 planted two trees that are to symbolize,

16 they had been planted last year I believe,

17 to symbolize the twin tours and the wreath

18 was going to be placed there to commemorate

19 another year of the anniversary of 9/11.

20 That's all.

21 MS. GATELLI: Thank you. Anyone

22 else?

23 MS. EVANS: And as we convene this

24 evening in about ten minutes there will be a

25 very lovely ceremony conducted at St. Ann's
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1 Basilica that has been conducted annually

2 since the year following September 11, and

3 our city fire department and some of our

4 police officers our involved in this, it is

5 truly a lovely ceremony, and I'm very sorry

6 to miss it tonight, but I'm hoping that many

7 of our citizens not only from Scranton but

8 all surrounding areas would attend this

9 lovely memorial service.

10 MS. GATELLI: Anything else? Thank

11 you for being so kind while we made our

12 announcements. The agenda items is Giovanni

13 Piccolino.

14 MR. PICCOLINO: Good evening, city

15 council, and fellow Scrantonians, my name is

16 Giovanni Piccolino, and I'm a partner in

17 Buono Pizza, Incorporated, located 504

18 Lackawanna Avenue and here we go again with

19 "Q" here. They are asking for you guys to

20 pass some legislation about it, and

21 excluding us and Coney Island, two

22 businesses well over 100 years combined

23 together, and both of us have tried time and

24 time again to be included in this and,

25 again, we are excluded and I just don't
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1 understand it. They are actually in the

2 thought process of wanting to put sidewalks

3 starting past 504 and 506 Lackawanna Avenue,

4 so the beginning of the block will have the

5 old sidewalks and then all the way until the

6 end until Coney Island will have new ones,

7 then at Coney Island there will be old

8 sidewalks, so what I'm saying to you what

9 about safety concerns of the citizens with

10 like lopsided sidewalks here, we're going to

11 have old ones, new ones, old ones and they

12 constantly, constantly exclude us.

13 I'm still actually waiting for that

14 letter that Doherty supposedly sent us

15 months and months ago about being included

16 in this, and I just don't get it. I think,

17 Stacy, you wrote that article, I don't know,

18 did you get a letter? We didn't and our

19 attorney didn't and this is ridiculous now.

20 These are two businesses, we have been here

21 forever and it's constantly, constantly

22 being excluded and, you know, the whole

23 times you guys have been saying you'll take

24 our side and I hope when this comes up that

25 you won't pass it. Thank you very much.
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1 MS. GATELLI: Thank you. Andy

2 Sbaraglia

3 MR. SBARAGLIA: Andy Sbaraglia,

4 citizen of Scranton, taxpayer. Fellow

5 Scrantonians, a little play on words here,

6 on 5-R, approving Section 147 (F) of the

7 Internal Revenue Code, as so on and so

8 forth, it is desired for the health, safety

9 and welfare of the people of the City of

10 Scranton-Lackawanna Health and Welfare

11 Authority to undertake a project for the

12 attorney to undertake a projects for the

13 University of Scranton. They are building a

14 dorm, okay? How you can classify that under

15 that article is beyond me. You would be

16 better off building neighborhoods for the 30

17 million then the University to build them a

18 dorm, but they are not. You are not really

19 building them a dorm, all you are doing is

20 being a conduit for the money, but it's

21 where the conduit is coming from. It

22 shouldn't be from there. It should have

23 been some kind of an industrial because

24 that's exactly what it is. They have

25 nothing to do with the health and welfare of
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1 the City of Scranton.

2 Okay, let's go down to "T", okay

3 5-T, this project to fix up this building.

4 Okay, we are going to give them $250,000

5 bucks to lend them, okay, they are going to

6 hire eight people, but only four has to be

7 low and medium income, that means the other

8 four could be the top in the world. Why

9 somebody would lend that kind of money for

10 only -- for a low and moderate income and

11 leave the other people come from wherever

12 class they come from or the income they did,

13 in other words, the bosses are going to be

14 making money and the peons are going to be

15 the peons.

16 MS. FANUCCI: Andy, actually we are

17 going to table that tonight because they

18 have changed some of the wordage and some of

19 the legislation, so it could be there are

20 more people coming and, again, so, that

21 won't be on the agenda tonight, I'm just --

22 MR. SBARAGLIA: Well, if it's not

23 going to be there then I can always speak on

24 it later.

25 MS. GATELLI: Thank you. Ozzie
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1 Quinn.

2 MR. QUINN: Ozzie Quinn, President of

3 the Scranton and Lackawanna County

4 Taxpayers' Association, Incorporated. I

5 want to on the agenda there is an

6 introduction of an ordinance approving

7 accepting the City of Scranton's capital

8 budget for the Year 2008, Section 20.904.

9 You can't really approve that because there

10 has to be a public hearing.

11 MS. GATELLI: We are going to

12 schedule that tonight.

13 MR. QUINN: So, I'm just wondering

14 about that. The other thing is on 5-C, an

15 introduction for an ordinance authorizing a

16 parcel of land to be acquired and sold which

17 is part of the flood project. When I worked

18 on the flood project for Nay Aug Avenue the

19 PEMA told us that that land had to remain

20 vacant in continuity. I feel bad for the

21 Garden Path, but I would look into that

22 because you might be just transferring land

23 that can't be transferred according to the

24 regulations of FEMA.

25 And, again, and I have nothing
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1 against the people who are buying this land,

2 but you have introductions of several sale

3 of properties, are these properties through

4 Act -- through the Vacant Property View

5 Committee or are they through the Pittsburgh

6 Plan, were they advertised and what is going

7 to go on these lots, do you have any idea

8 about that? Before you introduce something

9 you should really know that stuff.

10 MS. GATELLI: No, but they're

11 purchasing the property and it's been

12 appraised.

13 MR. QUINN: That doesn't mean

14 anything. You should know what's going on

15 there.

16 MS. GATELLI: No, we understand --

17 MR. QUINN: If she is commenting I

18 don't want to lose my time.

19 MS. GATELLI: All right, I won't

20 comment.

21 MR. QUINN: I'm just saying we should

22 know what's going on here before you go

23 introducing this because once it's

24 introduced it's gone and I have nothing

25 against the people. Do it right.
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1 The other one is the resolution for

2 the loan as Andy just spoke about. What's

3 the use of that land? What's the use of

4 that money?

5 MS. GATELLI: Thank you. Les

6 Spindler.

7 MR. SPINDLER: Good evening,

8 Council, Les Spindler, city resident. I

9 also want to talk about 5-R, the University

10 wants to borrow $30 million. Mayor Doherty

11 said in the paper that the city is not

12 liable for that. Well, why does it have to

13 go through city council? Can someone answer

14 that question?

15 MS. EVANS: It's part of the IRS

16 regulations. It's a mere formality.

17 MR. SPINDLER: It doesn't smell

18 right, I smell a rat. Why don't they go

19 through a bank like any other person would

20 do. If the city is not liable why does it

21 have to go through city council? That's all

22 I have. Thank you.

23 MS. GATELLI: Mr. McCloe.

24 MR. MCCLOE: I'm sorry, I'm going to

25 pass on this one. Thank you.
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1 MS. GATELLI: Mrs. Shumaker.

2 MS. SHUMAKER: Good evening and

3 welcome back from your six-week vacation.

4 First, I'd like to request you table the

5 capital budget until the caucus has been

6 held with the mayor and the business

7 administrator so they may answer questions

8 among which are: One, where are the

9 following missing projects. The police

10 headquarters lot paving. Only the binder

11 was in the construction contract. The

12 finishing layer was left out so the money

13 could be put into the building. I seriously

14 doubt that the binder will not deteriorate

15 after seven years and certainly that

16 finishing coat should be in the capital

17 budget.

18 Robinson Park, any Scranton little

19 league improvements where the mayor promised

20 to invest about a quarter of a million

21 dollars from the 72 million dollar bond

22 issue in his first term. Shingles are

23 missing from the building at Robinson Park,

24 nothing in the budget.

25 The light at softball field to
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1 replace the Schmidt Field, where is that?

2 The Nay Aug greenhouse that OECD told

3 HUD had been restored, where is that? Nay

4 Aug playground area for the handicap that

5 held up the junior council's swing set,

6 where is that? The Nay Aug pool house

7 improvements, where are they?

8 The East Elm storm water project

9 between Derby and Blucher Avenue that the

10 mayor promised prior to the 2005 election.

11 Where is that?

12 Funding for the out years also

13 depends appears dependent on more long-term

14 debt, 16 1/3 million dollars planned for

15 2009. Can we really afford that much more

16 debt?

17 Three, what is the justification for

18 the acquisition of new property and

19 construction of the new library?

20 And then on F-E and F, I think

21 parking meters have been placed at hospitals

22 so I believe it is excessive to give the

23 University no parking for two blocks on

24 Mulberry Street. Thank you.

25 MS. GATELLI: Anyone else care to
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1 speak on agenda items? Mr. Morgan?

2 MR. MORGAN: My question is rather

3 brief here today and I would like council to

4 explain 5-T, what kind of corporations, what

5 kind of corporation this is and what

6 benefits this has for the city, and the

7 other thing I had is, you know, I really

8 would like to agree with Marie because she

9 is right on the money and the tax group is

10 really informed and we are really troubled

11 by the legislation that this council is

12 trying to ram through on such a small amount

13 of time for the residents to speak about

14 them and we find it very troubling and a

15 representative of government to have that

16 happen. Thank you.

17 MS. GATELLI: Thank you. Anyone

18 else?

19 MR. HUBBARD: Good evening, Council,

20 Daniel Hubbard, Scranton resident. I have a

21 question on 5-Q, didn't council unanimously

22 pass a motion saying that you would not

23 entertain a look at anything that had to do

24 with the 500 block of Lackawanna Avenue?

25 MS. EVANS: Yes.
.

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1 MR. HUBBARD: Then why is it on the

2 agenda?

3 MS. FANUCCI: We actually said that

4 we would not look or anything or introduce

5 anything until we knew that Mr. Giovanni was

6 spoken to and was included in the

7 agreements.

8 MR. HUBBARD: And you actually know

9 that he -- -

10 MS. FANUCCI: He actually opted out.

11 MR. PICCOLINO: We never opted out.

12 MS. FANUCCI: He actually opted out.

13 MR. HUBBARD: Well, that's obviously

14 between Mr. Giovanni and the city, but until

15 you have some clarification on that and not

16 just your side of the clarification, his

17 side as well from his attorney then it still

18 applies.

19 MS. FANUCCI: I actually passed the

20 legislation on just his opinion and his side

21 of it, but as far as I'm concerned this is

22 legislation that we did pass, this is

23 something that needs to take place for the

24 project to go forward and that's very

25 important now. Everyone was included and
.

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1 asked to come. Whether or not he doesn't

2 want to do that, that has nothing to with me

3 as a city council person.

4 MR. PICCOLINO: We were never --

5 MS. FANUCCI: And that's all I can

6 say.

7 MR. HUBBARD: I'm not going to get

8 involved with Mr. Giovanni, I just wanted

9 some clarification on that. Also, again,

10 the Rejuven Essence Management Services,

11 that's a salon; correct?

12 MS. FANUCCI: Yes.

13 MR. HUBBARD: Is that an atypical

14 figure $250,000 for salons, it that what we

15 are doing now? It's the same amount as

16 Alexander's.

17 MS. FANUCCI: Actually, they are

18 putting $770,000 into the salon themselves.

19 MR. HUBBARD: Where are they located

20 at, they are located at the Ice Box;

21 correct?

22 MS. FANUCCI: Correct.

23 MR. HUBBARD: Where is this money

24 going to be spent, in their facility there?

25 MS. FANUCCI: No. No. This is for a
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1 different facility, but also this

2 legislation has been tabled, we are going to

3 table this tonight because this is not the

4 correct legislation from what we are being

5 told.

6 MR. HUBBARD: We are removing

7 parking meters on Mulberry Street as well,

8 so not only are we just giving the

9 University land like there is no tomorrow we

10 are going to let them take away our parking

11 meters as well so they we lose money on that

12 as well?

13 MS. EVANS: I do believe though,

14 Mr. Hubbard, that I have read communication

15 from the university to the administration

16 that they make five annual payments to the

17 city for the removal of parking meters that

18 they have caused and, also, from what I have

19 read those monies that are giving by the

20 University of Scranton to the City of

21 Scranton are then placed in the Parks and

22 Recreation Fund.

23 MR. HUBBARD: That's awfully generous

24 for them to pay for the parking meters, at

25 least they could pay for the land.
.

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1 MS. GATELLI: Anyone else on the

2 agenda items?

3 MR. DAVIS: Salaam aleikam. My first

4 question is for "L," 5-L, can you look

5 Judge, an ordinance for sale of tax

6 delinquent property at the corner of Linden

7 Street and Taylor Avenue in Scranton, is

8 there a number attached to that? There has

9 got to be a physical address to that? What

10 is it? You might have it in your backup.

11 MS. GATELLI: I don't have the

12 address, but all of the map numbers here --

13 MR. DAVIS: How can you buy an

14 address that doesn't exist?

15 MS. GATELLI: Well, because there are

16 map numbers. Some properties don't have an

17 address, they have map numbers.

18 MR. DAVIS: But it came before you to

19 buy an address, I assume.

20 MS. GATELLI: No, it came with a map

21 number.

22 MR. DAVIS: To buy the property.

23 MS. FANUCCI: It came with a map

24 number.

25 MR. DAVIS: So the property has to
.

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1 have an address, that's all housing if the

2 University of Scranton hasn't bought it

3 already. It's all personal housing in

4 there. As a matter of fact, my brother

5 owned that property there.

6 MS. FANUCCI: And what was the

7 address?

8 MR. DAVIS: At one time. Excuse me?

9 MS. FANUCCI: What was the address?

10 MR. DAVIS: Excuse me?

11 MS. FANUCCI: I asked you what the

12 address was. You said your brother knew,

13 that might help us if we can --

14 MR. DAVIS: What was his address?

15 MS. FANUCCI: Yeah.

16 MR. DAVIS: You don't know?

17 MS. FANUCCI: No, because it's a map

18 number.

19 MR. DAVIS: There is a map number?

20 MS. FANUCCI: Yes, a map number.

21 MR. DAVIS: How can they give you a

22 map number for a house?

23 MS. FANUCCI: That's how it's looked

24 at.

25 MR. DAVIS: So, therefore, next week
.

29


1 you will have an address to it? You have

2 someone give you an address for this?

3 MS. GATELLI: Yes.

4 MR. DAVIS: Because you are getting

5 $2,000 for it, I just wanted to know what it

6 is. It's the corner.

7 MS. GATELLI: Thank you.

8 MR. DAVIS: It's a corner property.

9 Somebody has got to know. I had one other

10 question.

11 MS. GATELLI: Your time is up, Mrs.

12 Davis.

13 MR. DAVIS: You have already said

14 that you --

15 MS. GATELLI: Mr. Davis, your time is

16 up. Mr. Jackowitz.

17 MR. DAVIS: If you hadn't answered so

18 much -- I thought you weren't going to ask

19 any questions until after the person got

20 finished speaking. Okay.

21 MS. GATELLI: Mr. Jackowitz, would

22 you like to speak on the agenda items?

23 MR. JACKOWITZ: I'm waiting for

24 Mr. Davis to leave the podium.

25 MR. DAVIS: So what is it, I'm up?
.

30


1 MR. MINORA: Your time is up.

2 MR. DAVIS: Excuse me, sir?

3 MR. MINORA: Your time was up about a

4 minute ago.

5 MR. JACKOWITZ: Bill Jackowitz, South

6 Scranton. I wasn't going to speak tonight,

7 but after what has transpired. On this 5-Q

8 tonight is very important night, the first

9 night back from city council after the

10 vacation and a vote was taken five to

11 nothing and I think we need to hear both

12 sides of this 500 block of Lackawanna Avenue

13 development. I think into Buona Pizza's

14 side and Coney Island's side plus the

15 mayor's side and Rinaldi's side should be

16 heard before this voted on. You guys voted

17 five to nothing not to vote on it, I am not

18 convinced that things are up and aboard on

19 this and I really think another week is not

20 going to hurt. Hold it back a weak and

21 let's hear from both sides. Let's give the

22 attorneys on both sides an opportunity.

23 Let's make it public. This is very

24 important to the City of Scranton, very

25 important to businesses and to citizens, to
.

31


1 residents and we don't need to do like we

2 did with other things like a smoking ban and

3 everything else, shoot from the hip and

4 shoot crooked. We need to shoot straight,

5 so let's take some time, let's cool our

6 heels people, let's take another week, let's

7 take another two weeks if we have to. It's

8 not going to delay the project. Let's just

9 wait and make sure that you hear from Boyd,

10 the attorney and someone and make sure we

11 did it right for once. Let's do something

12 right in the City of Scranton. Thank you.

13 MS. GATELLI: Thank you. Anyone

14 else? Anyone else on agenda items? Mrs.

15 Evans?

16 MS. EVANS: Good evening, glad to be

17 back. During our summer recess, the 2006

18 independent audit became an issue in our

19 local newspaper with the administration

20 pointing the finger of blame at council,

21 however, the only responsibility we can

22 accept is for working to save the people of

23 this city money. Further, if this

24 particular audit followed the annual

25 tradition it would just reach this desk now
.

32


1 in September 2007. The work of the auditors

2 was delayed by a few months because of

3 council's successful efforts to obtain a

4 fair price and to save $100,000 which should

5 be spent on upgrading our roads or paying

6 necessary salaries.

7 On the other hand, it is the fault

8 of this administration that the audit is not

9 progressing successfully and quickly. There

10 are six areas of information that were

11 requested by the CPA's dating back to

12 6-18-07 to which the administration failed

13 to respond. Nevertheless, both Mr. Armoni

14 and Mr. Grassi, CPA's, will update me on a

15 weekly basis on any progress or lack

16 thereof. They cannot complete -- or they

17 cannot predict a completion date at this

18 point in time, only more timely responses

19 from the administration will hasten the

20 process.

21 I also have concerns regarding a

22 $3.4 million hole in the 2007 operating

23 budget. Mr. Doherty plugged in this figure

24 as revenue to be received from the sale of

25 delinquent property taxes. He struck a deal
.

33


1 with an Erie firm without benefit of

2 bidding. Consequently, another firm,

3 Expand, offered to make a competitive

4 proposal to the city as well. The

5 administration agreed to review the expand

6 proposal, but has failed to reach a decision

7 and to present any legislation to council,

8 hence, the $3.4 million hole in this year's

9 budget. It would behoove the mayor and Mr.

10 Krushefski to address these two crucial

11 issues. First, provide information to the

12 auditors; and, second, explain how you will

13 cover a $3.4 million budget hole.

14 I also have two responses, two

15 requests that were made at our last council

16 meeting of July 26, 2007, Mr. Wintermantel

17 responds that no spots are sets aside for

18 county workers in any of the Scranton

19 Parking Authority garages. Any worker for

20 the county would be asked to pay the $75 per

21 month fee. Also, Chief Elliott states that

22 regarding the traffic around Bridget Court

23 and 14th Avenue, he has notified the traffic

24 division to monitor the situation.

25 In addition, however, I have
.

34


1 received no answer from Mr. Baker of the

2 Scranton Housing Authority regarding the

3 potholes at Park Gardens. And I do have a

4 few citizens' requests. A letter to

5 Mr. Brazil, please clean the lot at the

6 corner of River Side Drive and Depot Street,

7 this is the second request. Residents

8 report that overgrown trees at the corner of

9 Sanderson Avenue and Delaware Street

10 obstruct a stop sign, please trim trees.

11 Fill potholes in the 1500 block of Von

12 Storch Avenue. Although, numerous streets

13 in need of repair have been addresses this

14 summer, some appear to have been more recent

15 requests. Neighbors are very upset. This

16 is the third request ongoing since

17 March 2007.

18 Also, residents report sightings of

19 snakes and mice in an abandoned lot adjacent

20 to 608 Hampton Street. These creatures have

21 infiltrated neighbors' properties. Please

22 address immediately due to health and safety

23 concerns.

24 A memo to Chief Elliott, residents

25 report the vehicles continue to speed on
.

35


1 Shawnee Avenue ignoring stop signs. A

2 letter to Mr. Seitzinger, 1158 Hampton

3 Street residents continue to complain that

4 the property has been blighted for over

5 15 years. The front porch roof is falling

6 down and despite prior notification this eye

7 sore remained untouched all summer. It is

8 the second request, the first was made in

9 June 2007. Also, for Mr. Seitzinger, a

10 house at 1917 Prospect Avenue was condemned

11 twice since December 2006. It was gutted

12 six years ago. The property is an overgrown

13 eyesore nestled between two well-kept

14 properties. Neighbors have endured this

15 blight for over six years. Update council

16 as soon as possible with a demolition date.

17 1909 Prospect Avenue, a house was also

18 condemned and boarded up. The property is

19 an overgrown mess. Update council as soon

20 as possible with a demolition date because

21 of the conditions of both of these

22 properties, rats have been observed by

23 neighbors. And I also have, Kay, quite a

24 number of excellent photos of both of the

25 locations on the Prospect Avenue that I
.

36


1 would like Mr. Seitzinger to see, and that's

2 it.

3 MS. GATELLI: Mrs. Fanucci.

4 MS. FANUCCI: I only have a few

5 things. First of all, I would like to thank

6 Jeff Brazil, I'm sure as well as the rest of

7 us, have been keeping him extremely busy on

8 our six-week vacation with all of the

9 matters that he needed to attend to. Also,

10 Mark Seitzinger has done so much for me and

11 I want to bring up a situation that we had,

12 in fact, I believe this was sent to you,

13 Janet, and then I don't know how it got in

14 there, but it was put to all council people,

15 but this one went on because it had a big

16 issue and there a problem, this elderly

17 women who is living in a home, renting in a

18 home and that was deplorable. She had

19 e-mailed us with the conditions of this

20 house.

21 Now, her fear was and being up in

22 age that if we did condemn her home that she

23 was renting that she would not have anywhere

24 to go, so she was torn between actually even

25 sending us the e-mail. She didn't even want
.

37


1 us to really go and check it out because of

2 her fear of not having anywhere to go when

3 we went and condemned this home. When Mark

4 had responded very quickly, thank God, the

5 home was in terrible condition. There were

6 electrical wires hanging that were live.

7 There were walls ripped out. This woman was

8 living in probably just a terrible

9 condition, but I want to thank Mark because

10 what he did was he relocated her the same

11 day when he condemned the home. He made

12 sure that she was safe and in a good place

13 that she wanted to be, and for anybody who

14 is out there if there is your situation and

15 you are renting off of someone and paying

16 them money and you are living in a place

17 that is just not liveable because it really

18 would be condemned or hazardous to your

19 health or dangerous do not fear that when we

20 do, you know, send our inspectors in they

21 will make sure that you are okay. My heart

22 went out to this because I can't imagine

23 between torn actually wanting to do the

24 right thing and still paying for it and then

25 not being serviced from the city, but I want
.

38


1 to thank him for that response because she

2 is now very happy and I'm happy to say that

3 the house was condemned.

4 Also, there is a few things that I

5 want to speak on. We in the city do not

6 have -- our health care inspector has no

7 right to do any type of mold inspections or

8 anything that is really concerning the

9 general health. There was a few homes that

10 I had gotten calls on that were infested

11 with mold and there is really no course of

12 action we have in that case, so I think it

13 would be, you know, definitely beneficial if

14 we can find some type of recourse for these

15 people, either they can, I don't know. I

16 don't know if they with sue because they are

17 in a home with mold or if it's a private

18 owner and the house is, you know, condemning

19 the neighborhood because of the problems, I

20 don't know, I think we need to sit down and

21 figure out something that maybe we can help

22 the health care inspector have something

23 else, all she really does is goes to

24 restaurant and that's it, to say, yes or no,

25 you are in compliance. I think that we have
.

39


1 to have something stronger for the city. To

2 be able to say, you know, people are putting

3 their money here and people want to live

4 here and if that's the case we need to be

5 able to protect them in situations that we

6 are get ourselves into, so that's something

7 I think we need to work on.

8 I also would like to speak on the

9 fact that they capital budget, the capital

10 budget seems to be an issue every time it

11 comes before us. It's just a wish list.

12 It's nothing more, it's nothing less, and

13 it's like Christmas time, you know, you say

14 you want everything in the world, does it

15 mean you are going to get it? No. That's

16 all it is. It's just projects that in a

17 deep, you know, say we had a windfall of

18 money this is what we want. It doesn't mean

19 that's what the money were are spending. It

20 doesn't mean that it's even part of a budget

21 or will be included, it's just what we wish

22 for. As far as citizens we'd all want it if

23 we can get it, but obviously that won't

24 happen, so I have no problem with the

25 capital budget. It's pretty much a
.

40


1 formality. They have to send it down, we

2 have to read it and approve it and send it

3 back and maybe you want to put more things

4 on the wish list, I guess, we can probably

5 go on for the next 20 years and figure out

6 things to put on it, so I will be voting in

7 favor of the capital budget, I don't see

8 that to be problem.

9 As far as the Giovanni Piccolino

10 situation, I am a little baffled on where

11 this is going to lead me and I'm being

12 honest, I'm not going to sit up here and say

13 I have a made a decision or I haven't made a

14 decision. This is a very difficult thing,

15 but do I want to hold up a project in the

16 city where we have other people complying,

17 and I know that the offers are made, I mean,

18 that is what they do. An eminent domain is

19 not a fun -- it's not fun. It wasn't fun

20 when they built the mall, it's not fun under

21 any circumstances, so I'm not sure exactly

22 where I fall on this. I think because of my

23 job by day, I probably am more aware of the

24 situation and what goes on with things such

25 as this, so I'm not sure what I'm going to
.

41


1 do. I'm going to have to wait on that and

2 try to make a decision, but I do believe

3 that my intent when we did do the

4 legislation was to say that if he is offered

5 and he is included that's all we wanted. It

6 didn't mean he had to take it, it's not my

7 decision on whether he takes what is given

8 or accepts what's done, but as long as it's

9 offered.

10 Now, as far as the letter from the

11 mayor, to me that doesn't matter one way or

12 another. The offer stands between the

13 developer and the people who are selling.

14 This is always in litigation and I don't

15 know why you would want to be involved over

16 something that's in litigation, so I just

17 wanted to clarify my thoughts on that. I'm

18 certainly not going to sit up here and act

19 like any of these decisions are very easy,

20 and one way or another there is always

21 someone upset, so that's just what I had to

22 say.

23 And I do want to say that it's nice

24 being back, it's hard to believe, but it is

25 very nice being back. We spent six weeks
.

42


1 working probably just as hard, actually,

2 doing more things because in the summer

3 months there seems to be a lot more that

4 needs to be attended to, and that's all I

5 have. Thank you.

6 MS. GATELLI: Thank you. Mr. McGoff?

7 MR. MCGOFF: Thank you. Just a few

8 brief things, a day in August where the

9 temperatures were somewhere in the high 80's

10 or 90's, the snow removal committee met,

11 that's somewhat ironic. Mr. Hayes,

12 Mr. Brazil, Mr. Tom Gallagher from the

13 Scranton school district, and myself,

14 Mr. Courtright was unavailable that day, but

15 we met and we talked about the problems that

16 occurred last year with the snow removal.

17 What we did was we looked at the prior plan,

18 made some suggestions for revisions, also,

19 some maybe additions to the plan.

20 Suggestions came from, you know, everybody

21 that was at the meeting and such things as

22 one of the things that came up with was the

23 possibility of a medical emergency number.

24 I know during that storm in February there

25 was some concern over people needing to get
.

43


1 to doctor's appointments, hospitals, and

2 etcetera, and so the thought was that maybe

3 one of the things we need to include is some

4 type of medical emergency number so that

5 people can either be plowed out of there

6 their homes or possibilities of some type of

7 action taken to get them to their, you know,

8 whatever the emergency condition may be.

9 And the other thing that was

10 prominently mentioned was that once the plan

11 is completed that it be published on the

12 website, on the city website so that people

13 can see the nature of the snow removal plan

14 and how it could be conducted and hopefully

15 it will alleviate some of the questions

16 that, you know, maybe people have about why

17 certain streets are plowed and what order

18 they are plowed. We are going to meet again

19 at the end of September and hopefully that

20 will be in place before the first snow

21 storm.

22 Second thing I would like to make

23 mention of, there was a condition at

24 Cloverfield in West Scranton concerning a

25 young girl that stepped on top of what
.

44


1 appeared to be a sewer drain or something

2 and was harmed, she was hurt, and her father

3 did call and we looked into it and the

4 nature of the problem was actually not a

5 sewer, but it was kind of a water basin that

6 was put in with the water meter for a

7 building that was placed at Cloverfield for

8 the West Side Jet's football team. That the

9 problems were addressed, the DPW and the

10 West Side Jet's, kind of the custodians of

11 Cloverfield, met and took care of some of

12 the problems that lead to this unfortunate

13 accident and some of the issues at

14 Cloverfield are continuing to be addressed,

15 the fencing, putting up new fences, removal

16 of I think the dug outs and some other

17 things that are taking place to make it a

18 more safer environment for the children that

19 participate in events at this field.

20 And the last think I'd like to

21 mention is I'd like to commend Mrs. Gatelli

22 and the South Side Neighborhood Association

23 for their action taken to address the

24 serious blight conditions that existed in

25 the lower part of south side. I know that
.

45


1 the neighbors when the plans were announced

2 by the mayor for what was going to take

3 place, I realize that there was some

4 objections to what was possibly being done,

5 but I do know that the residents of lower

6 south side, the areas around Cedar Avenue

7 where these properties were located were

8 elated what was going to take place and it

9 will be a definite improvement for the

10 neighborhoods that are affected, and that's

11 is all. Thank you.

12 MS. GATELLI: Thank you, Mr. McGoff.

13 MS. EVANS: Mrs. Gatelli?

14 MS. GATELLI: Yes.

15 MS. EVANS: I failed to mention two

16 quick items, may I?

17 MS. GATELLI: Go ahead. Sure.

18 MS. EVANS: First of all, I was

19 hoping that council would send a letter to

20 Mr. David Montivillia, president of the

21 Delaware Lackawanna County Railroad Company

22 about the graffiti on their railroad cars

23 that are parked in south side. We received

24 several letters --

25 MS. GATELLI: I have already spoken
.

46


1 to him and Mr. Boland I think it has been

2 settled. I think we can came to a --

3 MS. EVANS: Since the second letter

4 came in?

5 MS. GATELLI: Yes.

6 MS. EVANS: Very good. I'm pleased

7 to hear that; and, also, on one final note,

8 the September 2007 edition of the Union News

9 details that six individuals have been sent

10 for training to the fire academy. They were

11 taken from the list and this will bring the

12 city into compliance with the union contract

13 requiring 150 firefighters within our city,

14 so hopefully within possibly the next two to

15 three months we will see six new

16 firefighters on board. That's it.

17 MS. GATELLI: Thank you. I just have

18 a few items. Yes, we are reviewing the

19 proposal from the two groups that are

20 proposing to buy the liens. Attorney Minora

21 is also reviewing them. The 608 Hampton

22 Street, I spoke to Mr. Howie and I am

23 supposed to meet him there tomorrow because

24 I drive on that street on the way home from

25 work. 1158 Hampton, Mr. Seitzinger was
.

47


1 there and they are not cooperating so he is

2 going to be issuing citations on that. 1917

3 Prospect there is someone interested in

4 buying that particular property, so we are

5 trying to see if we can have someone buy it

6 rather than rehab it or rather than demolish

7 it; and 1909 Prospect will be in the next

8 round of demolition, it is structurally

9 unsound.

10 The capital budget, also, I'd like

11 to reiterate that it is just a wish list.

12 It is not necessarily things that are going

13 to happen or things that are going to be

14 funded. During the summit there were mayors

15 here that didn't even submit a capital

16 budget, and if they did it wasn't funded, so

17 it's not unusual to not have a capital

18 budget and to not fund it. It is primarily

19 a wish list and there will be a public

20 hearing to receive input from the public on

21 what they would like to see on the wish

22 list.

23 As far as the project on the 500 of

24 Lackawanna, I believe that the legislation

25 is only for us to send the hard approval to
.

48


1 the state commission that says that it's

2 historical and if it's done it will be done

3 according to historical standards which is

4 what we had to do for the Steamtown Mall,

5 also. So, I don't think it's anything that

6 is going to hurt any one of the owners, it

7 is just an approval from the state

8 commission saying that, yes, if we do a

9 project you will be in compliance with any

10 of the requirements for a historical

11 building, so I don't think it in any way

12 will interfere with some of the problems

13 that they are having down there.

14 Also, I spoke to Mr. Rinaldi, and

15 I'm supposed to be meeting with him later in

16 the week, I'm going to ask Attorney Minora

17 to come with me and I'm going to ask

18 Mr. Rinaldi to come here for a caucus once

19 we see if the project is, indeed, going full

20 steam ahead. So, Mr. Piccolino, we'll keep

21 you informed as to what is happening. If,

22 indeed, in the end you are in litigation, in

23 eminent domain, I'm not sure what this

24 council can do. We have that problem with

25 the Steamtown Mall, when I worked with Mike
.

49


1 Washo, our current county commissioners, and

2 there were several litigants that would not

3 give up their properties and it had to go

4 through eminent domain. You have to follow

5 the procedure for eminent domain. You are

6 given fair market value for your property

7 and in some instances at the Steamtown Mall,

8 some of those people received a lot more

9 than what the market value was when they

10 went to the Board of View they ended up

11 getting a lot more money, so I don't think

12 that it's going to be unfair to you at all,

13 Mr. Piccolino, and I would have Attorney

14 Minora contact Boyd Hughes on behalf of

15 council and see if there is anything we can

16 do to speed that process along. I assure

17 you that I will make that phone call, and

18 that's all I have. Ms. Garvey?

19 MS. GARVEY: Fifth order. 5-B. FOR

20 INTRODUCTION - AN ORDINANCE - APPROVING AND

21 ACCEPTING THE CITY OF SCRANTON CAPITAL

22 BUDGET FOR THE YEAR 2008 PURSUANT TO SECTION

23 904 OF THE CITY'S HOME RULE CHARGER.

24 MS. GATELLI: At this time I'll

25 entertain a motion that 5-B be introduced
.

50


1 into it's proper committee.

2 MS. FANUCCI: So moved.

3 MR. MCGOFF: Second.

4 MS. GATELLI: On the question?

5 MS. EVANS: Yes. I have withheld my

6 comments on the capital budget until the

7 issue arose under this portion of the

8 agenda. First of all, I would have to say e

9 that I find it comforting to know that this

10 is a wish list because, indeed, that's how

11 it's been structured. I have seen senior

12 graduation projects that resemble this

13 capital budget. This does not resemble a

14 true budget. Another great concern I have,

15 and I should back pedal here, I guess my

16 greatest objection in all sincerity is that

17 absolutely no costs have been broken down.

18 This is in nothing but glitter and

19 generalities.

20 Now, what concerns me more so is the

21 fact that while $10 million has been

22 allocated to six city parks over the next

23 five years, merely $3 million has been

24 allocated to infrastructure, specifically,

25 our roads, our curbing and our bridges.
.

51


1 Now, personally, if this may well be a wish

2 list, but I think Mr. Doherty has it

3 backwards, I think the ten million needs to

4 go toward or streets and our curbing and our

5 bridges and the three million toward the

6 parks. I know myself, I visited the parks

7 perhaps three times in the last year, but

8 I'm driving these city streets every day and

9 I'm listening to the people of Scranton's

10 complaints about our roads and bridges

11 nearly everyday and so as for the fact that

12 there is really no connection between the

13 SIP and the operating budget there, indeed

14 is, in fact, I will quote from the document,

15 "Resources for the SIP generally come from

16 the issuance of bonds or notes, grants,

17 contributions from the city's operating

18 budget," that is the general fund, "or other

19 one-time financial sources."

20 Further along, "Traditionally the

21 greatest part of the city's capital

22 improvement projects has been funded through

23 the issuance of tax supported general

24 obligation bonds and notes," and that,

25 indeed, means, you, the taxpayer. I will be
.

52


1 voting, no.

2 MS. GATELLI: Anyone else on the

3 question.

4 MR. MCGOFF: Yes. I would like to

5 clarify as well. First of all, there is

6 absolutely no money allocated. There is no

7 money to allocate to a capital budget,

8 again, and there is absolutely nothing

9 binding about a capital budget. The reason

10 that there are no specific amounts there in

11 a capital budget is that none of these

12 projects have actually been bid or anything

13 else. They are, as has been said, just

14 things that the city would like to see done

15 if, in fact, it gets a grant or, you know, a

16 bond or whatever and it has money. And

17 there is also whatever order they are in is

18 not binding. And, in fact, if there were

19 money allocated for something it doesn't

20 even have to be for something that's listed

21 within the capital budget. Any needy

22 project could be entertained, and so the

23 capital budget is really just a piece of

24 paper that itemizes a few things that could

25 be done if, in fact, there is money
.

53


1 available, but there is nothing binding

2 about it, and there is no money allocated to

3 it and so voting for it is to me just a

4 formality saying that, yes, this is a nice

5 wish list and nothing more.

6 MS. EVANS: Then that must, indeed,

7 be the attitude or the response of the

8 administration in that annually they will

9 not present their capital budget in

10 compliance with Section 904 of the Home Rule

11 Charter, so now I better understand what

12 they are doing. They feel that it's a

13 document that doesn't hold water and that

14 would explain certainly Mrs. Shumaker's

15 questions about all of the projects that

16 have been listed and the money allocated

17 and, yet, they never came to fruition, but I

18 would suggest that this, indeed, is a

19 working document and it is of importance or

20 it would not be listed with specific, very

21 specific requirements within the Home Rule

22 Charter and I would suggest that the

23 administration begin to follow the Home Rule

24 Charter.

25 MS. GATELLI: Anyone else? All in
.

54


1 favor?

2 MS. GATELLI: On the question? All

3 in favor. Aye.

4 MS. FANUCCI: Aye.

5 MR. MCGOFF: Aye.

6 MS. GATELLI: Opposed?

7 MS. EVANS: No.

8 MS. GATELLI: The ayes have it and so

9 moved.

10 MR. MCGOFF: I would like to make a

11 motion at this time, I move that city

12 council pursuant to the Home Rule Charter

13 publishing an ad summarizing the proposed

14 capital budget and identify the places where

15 copies of the capital budget can be obtained

16 and inspected.

17 MS. GATELLI: Second. On the

18 question? All in favor?

19 MS. EVANS: Aye.

20 MS. FANUCCI: Aye.

21 MR. MCGOFF: Aye.

22 MS. GATELLI: Aye. Opposed? The

23 ayes have it and so moved. Mrs. Garvey, we

24 will place the proper ad?

25 MS. GARVEY: Yes, I will.
.

55


1 MR. MCGOFF: Also, a second motion,

2 I move that city council schedule to hold a

3 public hearing on the proposed capital

4 budget on Tuesday, September 25, 2007, at

5 6:00 p.m.

6 MR. GATELLI: Second. On the

7 question?

8 MS. EVANS: Yes. I am going to

9 approve both of these motions because

10 obviously I many in the minority, one, with

11 regard to the capital budget and I do

12 believe that it's of great importance that

13 the public be able to not only see these

14 CIP, but also have the opportunity to speak

15 on it, that is why I will vote, yes.

16 MR. DAVIS: Why is it closed?

17 MS. GATELLI: All in favor?

18 MS. EVANS: Aye.

19 MS. FANUCCI: Aye.

20 MR. MCGOFF: Aye.

21 MS. GATELLI: Aye. Opposed? The

22 ayes have it and so moved. You can schedule

23 that public hearing, Mrs. Garvey.

24 MS. GARVEY: Yes, I will. 5-C. FOR

25 INTRODUCTION - AN ORDINANCE - AUTHORIZING
.

56


1 THE TRANSFER OF A PARCEL OF LAND ACQUIRED BY

2 THE CITY THROUGH THE FLOOD CONTROL PROJECT

3 TO JEROME AND SUSAN M. GENOVESE, D/B/A/ THE

4 GARDEN PATH, INC. AS PARTIAL COMPENSATION

5 FOR A PROPERTY ACQUISITION FOR THE

6 LACKAWANNA RIVER FLOOD CONTROL PROJECT.

7 MS. GATELLI: At this time I'll

8 entertain a motion that 5-C be introduced.

9 MS. FANUCCI: So moved.

10 MR. MCGOFF: Second.

11 MS. GATELLI: On the question? All

12 those in favor?

13 MS. FANUCCI: I just want to say that

14 I'm going to look into Mr. Quinn's

15 suggestions about this for next week and see

16 if they are in compliance or not.

17 MS. GATELLI: Anyone else? All those

18 in favor?

19 MS. EVANS: Aye.

20 MS. FANUCCI: Aye.

21 MR. MCGOFF: Aye.

22 MS. GATELLI: Aye. Opposed? The

23 ayes have it and so moved.

24 MS. GARVEY: 5-D. FOR INTRODUCTION -0

25 AN ORDINANCE - ESTABLISHING PERMIT PARKING
.

57


1 ON THE NORTH SIDE OF THE 700 BLOCK OF EAST

2 GIBSON STREET FROM MOIR COURT EAST FOR

3 NINETY SEVEN (97) FEET.

4 MS. GATELLI: At time I'll entertain

5 a motion that 5-D be introduced.

6 MS. FANUCCI: So moved.

7 MR. MCGOFF: Second.

8 MS. GATELLI: On the question? All

9 those in favor?

10 MS. EVANS: Aye.

11 MS. FANUCCI: Aye.

12 MR. MCGOFF: Aye.

13 MS. GATELLI: Aye. Opposed? The

14 ayes have it and so moved.

15 MR. MCGOFF: Another motion, I move

16 that city council schedule to hold a public

17 hearing on this legislation on Tuesday,

18 September 18, 2007, at 6:00 p.m.

19 MS. FANUCCI: Second.

20 MS. GATELLI: On the question? All

21 those in favor? Aye.

22 MS. EVANS: Aye.

23 MS. FANUCCI: Aye.

24 MR. MCGOFF: Aye.

25 MS. GATELLI: Opposed? The ayes
.

58


1 have it and so moved.

2 MS. GARVEY: 5-E. FOR INTRODUCTION -

3 AN ORDINANCE - ESTABLISHING A "NO PARKING"

4 ZONE ALONG THE SOUTHERLY SIDE OF MULBERRY

5 STREET (S.R. 3027) FROM THE NOW VACATED

6 HITCHCOCK COURT TO MCKENNA COURT, THE SAME

7 DISTANCE AS MORE PARTICULARLY DESCRIBED ON

8 THE MAP/PLAN ATTACHED THERETO, TO ALLOW FOR

9 SIGH DISTANCE FOR THE DRIVEWAY OF THE NEW

10 UNIVERSITY OF SCRANTON CAMPUS CENTER.

11 MS. GATELLI: At this time I'll

12 entertain a motion that 5-E be introduced.

13 MS. FANUCCI: So moved.

14 MR. MCGOFF: Second.

15 MS. GATELLI: On the question? All

16 those in favor?

17 MS. EVANS: Aye.

18 MS. FANUCCI: Aye.

19 MR. MCGOFF: Aye.

20 MS. GATELLI: Aye. Opposed? The

21 ayes have it and so moved.

22 MS. GARVEY: 5-F. FOR INTRODUCTION -

23 AN ORDINANCE - REMOVING PARKING METERS ON

24 THE SOUTHERLY SIDE OF MULBERRY STREET (S.R.

25 3027) FROM THE NOW VACATED HITCHCOCK COURT
.

59


1 TO MCKENNA COURT, THE SAME DISTANCE AS MORE

2 PARTICULARLY DESCRIBED ON THE SITE PLAN

3 ATTACHED HERETO, IN THE "NO PARKING" ZONE

4 ESTABLISHED TO ALLOW FOR SIGHT DISTANCE FOR

5 THE DRIVEWAY OF THE NEW UNIVERSITY OF

6 SCRANTON CAMPUS CENTER.

7 MS. GATELLI: At this time I'll

8 entertain a motion that 5-F be introduced.

9 MS. FANUCCI: So moved.

10 MR. MCGOFF: Second.

11 MS. GATELLI: On the question? All

12 those in favor?

13 MS. EVANS: Aye.

14 MS. FANUCCI: Aye.

15 MR. MCGOFF: Aye.

16 MS. GATELLI: Aye. Opposed? The

17 ayes have it and so moved.

18 MS. GARVEY: 5-G. FOR INTRODUCTION -

19 AN ORDINANCE - DESIGNATING THE 3200 BLOCK OF

20 CEDAR AVENUE AS A ONE WAY STREET ALLOWING

21 TRAFFIC TO FLOW IN A NORTHERLY DIRECTION AND

22 PROHIBITING TRAFFIC FROM FLOWING IN A

23 SOUTHERLY DIRECTION.

24 MS. GATELLI: At this time I'll

25 entertain a motion that 5-G be introduced.
.

60


1 MS. FANUCCI: So moved.

2 MR. MCGOFF: Second.

3 MS. GATELLI: On the question?

4 MS. EVANS: Yes. I think from what I

5 have heard from residents of the area that

6 this is a wonderful idea, but the only thing

7 I would like to add to it is what about

8 Birney Avenue and Pittston Avenue. Those

9 two streets that the residents have been

10 pleading and begging about for, oh, my

11 goodness, it's been I believe since 2004 or

12 2005 and Mr. Courtright often talks about it

13 at council meetings and PennDOT it seems

14 will not listen. We have had state

15 representatives address PennDOT and I was

16 hoping that Mr. Shimkus might take up the

17 case and represent those constituents, and

18 it's just my hope that we are going to meet

19 with success on those streets as well.

20 MS. GATELLI: They are making them

21 just one lane; isn't it?

22 MS. EVANS: Right, it's not a one-way

23 matter, but it's still a very, very serious

24 safety concern because cars, as I'm sure you

25 both know living in south side, indeed,
.

61


1 speed along those streets.

2 MS. GATELLI: Anyone else on the

3 question? All those in favor?

4 MS. EVANS: Aye.

5 MS. FANUCCI: Aye.

6 MR. MCGOFF: Aye.

7 MS. GATELLI: I oppose. I'm not

8 going to oppose I'm going to abstain because

9 my daughter lives on that street and I think

10 it would be a conflict of interest for me to

11 vote on this particular issue.

12 MR. MCGOFF: Another motion. I move

13 that city council schedule to hold a public

14 hearing on this legislation on Tuesday,

15 September 18, 2007, at 6:15 p.m.

16 MS. FANUCCI: Second.

17 MS. GATELLI: On the question? All

18 in favor of that time?

19 MS. EVANS: Aye.

20 MS. FANUCCI: Aye.

21 MR. MCGOFF: Aye.

22 MS. GATELLI: Aye. Opposed? The

23 ayes have it and so moved.

24 MS. GARVEY: 5-H. FOR INTRODUCTION -

25 AN ORDINANCE - AMENDING FILE OF COUNCIL NO.
.

62


1 68, 2005, ENTITLED, "AN ORDINANCE

2 AUTHORIZING THE MAYOR AND OTHER APPROPRIATE

3 OFFICIALS OF THE CITY OF SCRANTON TO TAKE

4 ALL NECESSARY ACTIONS TO IMPLEMENT THE

5 CONSOLIDATED SUBMISSION FOR COMMUNITY

6 PLANNING AND DEVELOPMENT PROGRAMS (AS

7 AMENDED) TO BE FUNDED UNDER THE COMMUNITY

8 DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, HOME

9 INVESTMENT PARTNERSHIP (HOME) PROGRAM AND

10 EMERGENCY SHELTER GRANT (ESG) PROGRAM", BY

11 TRANSFERRING $70,000, FROM PROJECT NO.

12 05-1.3 ROCKWELL AVENUE BRIDGE TO PROJECT NO.

13 07-1.10 PARKER STREET BRIDGE.

14 MS. GATELLI: At this time I'll

15 entertain a motion that 5-H be introduced.

16 MS. FANUCCI: So moved.

17 MS. EVANS: Second.

18 MS. GATELLI: On the question? All

19 those in favor.

20 MS. EVANS: Aye.

21 MS. FANUCCI: Aye.

22 MR. MCGOFF: Aye.

23 MS. GATELLI: Aye. Opposed? The

24 ayes have it and so moved.

25 MS. GARVEY: 5-I. FOR INTRODUCTION -
.

63


1 AN ORDINANCE - REGULATING THE USE OF OUTDOOR

2 FURNACES, AS DEFINED HEREIN, ESTABLISHING

3 ZONES FOR THEIR AUTHORIZED USE, PROVIDING

4 REGULATIONS FOR EXISTING OUTDOOR FURNACES,

5 AND PROVIDING FINES FOR VIOLATIONS OF THIS

6 ORDINANCE.

7 MS. GATELLI: At this time I'll

8 entertain a motion that 5-I be introduced.

9 MS. FANUCCI: So moved.

10 MR. MCGOFF: Second.

11 MS. GATELLI: On the question?

12 MR. MCGOFF: Yes. I just wanted to

13 clarify, when I read this the first time I

14 was unsure as to what outdoor furnaces were.

15 It applies to large installed furnaces that

16 are placed outside of a building to

17 supplement heat inside of a building.

18 Apparently, they are used in rural areas

19 where there is a lot of room to place them

20 and so that they can be placed away from

21 other residential structures. The size of

22 them, I went on the Internet with Mr. Hayes

23 and took a look at them, they range in size

24 from about a small SUV up to about three

25 SUV's stacked on top of one another. They
.

64


1 are large furnace structures. It does not

2 pertain to barbecue pits or any other small,

3 you know, types of things and so this was

4 placed here as kind of a precautionary

5 measure in case people started to look to

6 these woodburning furnaces as a way of

7 supplementing their heat, so there are

8 restrictions on it in the legislation.

9 Thank you.

10 MS. GATELLI: On the question? All

11 those in favor?

12 MS. EVANS: Aye.

13 MS. FANUCCI: Aye.

14 MR. MCGOFF: Aye.

15 MS. GATELLI: Aye. Opposed? The

16 ayes have it and so moved.

17 MS. GARVEY: 5-J. FOR INTRODUCTION -

18 AN ORDINANCE - SALE OF TAX DELINQUENT

19 PROPERTY AT 815 ADAMS AVENUE, SCRANTON,

20 PENNSYLVANIA, TO LACKAWANNA INSTITUTE, 544

21 JEFFERSON AVENUE, SCRANTON, PENNSYLVANIA,

22 18510, FOR THE SUM OF $4,500.

23 MS. FANUCCI: So moved.

24 MS. GATELLI: At this time I'll

25 entertain a motion that 5-J be introduced.
.

65


1 MS. FANUCCI: So moved.

2 MR. MCGOFF: Second.

3 MS. GATELLI: On the question? All

4 those in favor?

5 MS. EVANS: Aye.

6 MS. FANUCCI: Aye.

7 MR. MCGOFF: Aye.

8 MS. GATELLI: Aye. Opposed? The

9 ayes have it and so moved.

10 MS. GARVEY: 5-K. FOR INTRODUCTION -

11 AN ORDINANCE - SALE OF TAX DELINQUENT

12 PROPERTY AT 817 ADAMS AVENUE, SCRANTON,

13 PENNSYLVANIA, TO LACKAWANNA INSTITUTE, 544

14 JEFFERSON AVENUE, SCRANTON, PENNSYLVANIA,

15 18510, FOR THE SUM OF $4,500.

16 MS. GATELLI: At this time I'll

17 entertain a motion that 5-K be introduced.

18 MS. FANUCCI: So moved.

19 MR. MCGOFF: Second.

20 MS. GATELLI: On the question? All

21 in favor?

22 MS. EVANS: Aye.

23 MS. FANUCCI: Aye.

24 MR. MCGOFF: Aye.

25 MS. GATELLI: Aye. Opposed? The
.

66


1 ayes have it and so moved.

2 MS. GARVEY: 5-L. FOR INTRODUCTION -

3 AN ORDINANCE - SALE OF TAX DELINQUENT

4 PROPERTY AT THE CORNER OF LINDEN STREET AND

5 TAYLOR AVENUE, SCRANTON, PENNSYLVANIA, TO

6 LINDE TAYLOR L.L.C, 56 LEDGE DERIVE,

7 LAKEVILLE, PENNSYLVANIA, 18438, FOR THE SUM

8 OF $2,000.00.

9 MS. GATELLI: At this time I'll

10 entertain a motion that 5-L be introduced.

11 MS. FANUCCI: So moved.

12 MR. MCGOFF: Second.

13 MS. GATELLI: On the question? All

14 in favor.

15 MS. EVANS: Aye.

16 MS. FANUCCI: Aye.

17 MR. MCGOFF: Aye.

18 MS. GATELLI: Aye. Opposed? The

19 ayes have it and so moved.

20 MS. GARVEY: 5-M. FOR INTRODUCTION -

21 AN ORDINANCE - SALE OF TAX DELINQUENT

22 PROPERTY AT 1736 PERRY AVENUE, SCRANTON,

23 PENNSYLVANIA, TO JAMES HOWELLS, 1740 PERRY

24 AVENUE, SCRANTON, PENNSYLVANIA, 18508, FOR

25 THE SUM OF $3,100.00.
.

67


1 MS. GATELLI: At this time I'll

2 entertain a motion that 5-M be introduced.

3 MS. FANUCCI: So moved.

4 MR. MCGOFF: Second.

5 MS. GATELLI: On the question? All

6 in favor?

7 MS. EVANS: Aye.

8 MS. FANUCCI: Aye.

9 MR. MCGOFF: Aye.

10 MS. GATELLI: Aye. Opposed?

11 MS. GARVEY: 5-N. FOR INTRODUCTION -

12 AN ORDINANCE - SALE OF TAX DELINQUENT

13 PROPERTY AT 2415 HERMANS AVENUE, SCRANTON,

14 PENNSYLVANIA, TO CLEMENT SKIRPAN, 2416 N.

15 MAIN AVENUE, SCRANTON, PENNSYLVANIA, 18508,

16 FOR THE SUM OF $4,000.00.

17 MS. GATELLI: At this time I'll

18 entertain a motion that 5-N be introduced.

19 MS. FANUCCI: Moved.

20 MS. EVANS: Second.

21 MS. GATELLI: On the question? All

22 those in favor?

23 MS. EVANS: Aye.

24 MS. FANUCCI: Aye.

25 MR. MCGOFF: Aye.
.

68


1 MS. GATELLI: Aye. Opposed? The

2 ayes have it and so moved.

3 MS. GARVEY: 5-O - FOR INTRODUCTION -

4 AN ORDINANCE - SALE OF TAX DELINQUENT

5 PROPERTY AT CEDAR AVENUE AND LOCUST STREET,

6 SCRANTON, PENNSYLVANIA, TO MICHAEL

7 BROZZETTI, 407 PALM STREET, SCRANTON,

8 PENNSYVLANIA, 18505, FOR THE SUM OF $28,000.

9 MS. GATELLI: At this time I'll

10 entertain a motion that 5-O be introduced.

11 MS. FANUCCI: So moved.

12 MR. MCGOFF: Second.

13 MS. GATELLI: On the question? I

14 just would like to make a comment on this

15 particular property, if any of you go past

16 the Cedar Avenue and Locust Street area it

17 is in deplorable condition. It has been

18 complained about for the last 15 to 20 years

19 by the residents of the 300 block of East

20 Locust Street, and I'm sure that they will

21 be thrilled to know that it was tax

22 delinquent and that someone was purchasing

23 it. It is a very, very blighted area. It's

24 about two blocks down from Kenny Smith's

25 Restaurant and right along the riverbank
.

69


1 where the street caved in last year where it

2 spills down to Cedar Avenue, so if any of

3 you go by this is definitely going to be a

4 marvelous improvement for that area of South

5 Scranton. That's all I have. Anyone else

6 on the question? All those in favor?

7 MS. EVANS: Aye.

8 MS. FANUCCI: Aye.

9 MR. MCGOFF: Aye.

10 MS. GATELLI: Aye. Opposed? The

11 ayes have it and so moved.

12 MS. GARVEY: 5-P. FOR INTRODUCTION -

13 AN ORDINANCE - SALE OF TAX DELINQUENT

14 PROPERTY AT 3 HERTZ COURT, SCRANTON,

15 PENNSYLVANIA, TO ROBERT F. RIVIELLO, P.O.

16 BOX 13, GOULDSBORO, PENNSYLVANIA, 18424, FOR

17 THE SUM OF $1,500.00.

18 MS. GATELLI: At this time I'll

19 entertain a motion that 5-P be introduced.

20 MS. FANUCCI: So moved.

21 MR. MCGOFF: Second.

22 MS. GATELLI: On the question? All

23 in favor.

24 MS. EVANS: Aye.

25 MS. FANUCCI: Aye.
.

70


1 MR. MCGOFF: Aye.

2 MS. GATELLI: Aye. Opposed? The

3 ayes have it and so moved.

4 MS. GARVEY: 5-Q. FOR INTRODUCTION -

5 A RESOLUTION - ACCEPTING THE RECOMMENDATION

6 OF THE HISTORICAL ARCHITECTURE REVIEW BOARD

7 ("HARB") AND APPROVING THE CERTIFICATE OF

8 APPROPRIATENESS FOR 500 LACKAWANNA

9 DEVELOPMENT CO. FOR FRONT FACADE TREATMENT

10 OF PROPERTIES LOCATED AT 508; 510/512; 514;

11 516; 518; 524/525; 528/540; 532 LACKAWANNA

12 AVENUE.

13 MS. GATELLI: At this time I'll

14 entertain a motion that 5-Q be introduced.

15 MS. FANUCCI: So moved.

16 MR. MCGOFF: Second.

17 MS. GATELLI: On the question?

18 MS. EVANS: Yes. As was mentioned

19 earlier, council did pass a motion

20 prohibiting any resolutions or ordinances to

21 be placed on the agenda and entertained by

22 this council unless Buona Pizza was

23 included.

24 Now, to my knowledge having spoken

25 with both owners, much is amiss here between
.

71


1 the owners, the city, and the developer and

2 there are, indeed, two sides to a story.

3 When I give my word I keep my word, and I

4 will be voting against this. And as

5 Mr. Piccolino mentioned earlier, I find it

6 absolutely foolish that you would put new

7 sidewalks, curbing and lighting in the

8 middle of the street to have absolutely

9 nothing done on each end. That will look

10 ridiculous. I don't see any point in

11 pursuing that, and I believe I had spoken to

12 the mayor personally about this long ago, he

13 made myself and Mr. Piccolino a number of

14 promises and never kept those promises. As

15 I said, no.

16 MS. GATELLI: Anyone else on the

17 question?

18 MR. MCGOFF: Yes. I would like to

19 say that I think that we have fulfilled our

20 obligation from our vote. Again, my

21 understanding that the matter of involvement

22 for Buono Pizza and Mr. Piccolino is in

23 litigation. If it weren't in litigation

24 then an offer of some sort must have been

25 made and he must have been included in some
.

72


1 nominal way and I feel that Mr. Piccolino is

2 attempting to use council as a means of

3 leverage in the Court case, and I think his

4 inclusion in the project is going to be

5 settled not here, but through litigation and

6 through the Court case that he is now

7 pursuing and that I will vote, yes, to move

8 this forward and let the Court's decide the

9 nature of Mr. Piccolino's inclusion in the

10 project.

11 MS. EVANS: I just wanted to add to

12 that though, as such time as I made the

13 motion and it was approved by this council

14 Mr. Piccolino was involved in litigation

15 with the city, that had not developed

16 afterwards, that was part and parcel of what

17 was occurring, so to now use that as an

18 excuse really doesn't hold water.

19 MS. GATELLI: Anyone else? I do

20 agree with you Mrs. Evans and I would like

21 Mrs. Garvey to pull that motion out and see

22 exactly what we voted on, for next week.

23 I'm not sure that this HARB approval is a

24 monetary approval, you know, approval of any

25 sort. We are not approving any money for
.

73


1 the project, it's just to approve that it is

2 a historical district. I will have more

3 information next week and I will have them

4 here if we request it and Attorney Minora

5 will accompany me to the meeting and we will

6 have more to say. I am going to vote to

7 push this forward to next week. That

8 doesn't necessarily mean that if I get

9 information that we would violate that

10 motion in any way that I won't vote, no,

11 when it comes up for final passage. This

12 does not mean that I am agreeing with it,

13 I'm just moving it forward to the next level

14 because I do agree with Mrs. Evans on that

15 issue.

16 We need to all be on the same page

17 and, you know, maybe the eminent domain will

18 come, I can't say that, but if we can get

19 around it and settle it another way it's

20 much easier than eminent domain, trust me,

21 because we have been there. I don't want to

22 not have the project because the 500 block

23 of Lackawanna County Avenue is deplorable

24 and is the only part of Lackawanna County

25 that's not being addressed and it really
.

74


1 needs some work on that particular block.

2 The other side where the bridge is and the

3 restaurant and the intermodal transportation

4 that money is also in place so we will have

5 all of Lackawanna County complete, so I

6 don't really want to lose the whole project,

7 but I do feel for Mr. Piccolino and, like I

8 said before, we are going to do everything

9 we can to make sure that we as a counsel can

10 do whatever we can legally to see that he is

11 treated fairly.

12 MS. EVANS: I do agree with what you

13 said, that block is absolutely in need of

14 rehab and no one wants to see that stop, but

15 I don't believe it was ever Mr. Moran's or

16 Mr. Piccolino's intention to stop progress.

17 They simply wanted to be included and

18 treated fairly and honestly and that hasn't

19 happened. So, you know, as I said, I am not

20 going to be voting to approve this, but I

21 also would ask council if you have a

22 questions about that motion you should very

23 likely pose them to me, not to our attorney,

24 it doesn't need interpretation because the

25 mover sits with you, and I can tell you
.

75


1 precisely what I meant when I made that

2 motion.

3 MS. FANUCCI: Well, my feeling, and

4 I said before, I'm going to introduce is and

5 that does not mean that I'm going to pass it

6 through. We are going to take a look at it

7 and see next week what my feeling is on it.

8 I'm not one way or another right now, I'm

9 sort of in-between trying to figure out what

10 we should do. I certainly don't want to

11 stop a project and I certainly don't want to

12 see anything happen like what happened with

13 the mall. I don't want to see the taxpayers

14 paying way to much money for a project or

15 for businesses that aren't worth it. I want

16 to see it be fair. Fair is all I think we

17 need to be focused on here. So if, indeed,

18 he has not offered or was not communicated

19 with then we will deal with that

20 accordingly.

21 MS. GATELLI: Anyone else? All

22 those in favor?

23 MS. FANUCCI: Aye.

24 MR. MCGOFF: Aye.

25 MS. GATELLI: Aye. Opposed?
.

76


1 MS. EVANS: No.

2 MS. GATELLI: The ayes have it and so

3 moved.

4 MS. GARVEY: 5-R. FOR INTRODUCTION -

5 A RESOLUTION - APPROVING, IN ACCORDANCE WITH

6 SECTION 147 (F) OF THE INTERNAL REVENUE CODE

7 OF 1986, AS AMENDED, A PLAN OF FINANCING OF

8 THE SCRANTON-LACKAWANNA HEALTH AND WELFARE

9 AUTHORITY; AND DECLARING THAT IT IS

10 DESIRABLE FOR THE HEALTH, SAFETY AND WELFARE

11 OF THE PEOPLE OF THE CITY OF SCRANTON FOR

12 THE SCRANTON-LACKAWANNA HEALTH AND WELFARE

13 AUTHORITY TO UNDERTAKE A PROJECT FOR THE

14 UNIVERSITY OF SCRANTON.

15 MS. GATELLI: At this time I'll

16 entertain a motion that 5-R be introduced.

17 MR. FANUCCI: So moved.

18 MR. MCGOFF: Second.

19 MS. GATELLI: On the question?

20 MS. EVANS: Yes. I refrained earlier

21 from commenting on this issue as well.

22 First, I'd like to bring everyone's

23 attention to the Municipal Reporter, a

24 publication received by council. This was

25 received August 1, 2007. It regards a study
.

77


1 of the significant impact on municipal

2 revenue by University Community networks.

3 The study was conducted by the Pennsylvania

4 Economy League and I'd like to quote from

5 it: "It was expected that the study would

6 find that the expenses were significantly

7 higher for host municipalities.

8 Interestingly, the findings indicate

9 that it is revenue that is significantly

10 lower in host municipalities than in their

11 municipal counterparts. College host

12 municipalities consistently collect less

13 revenue per capita in earned income tax,

14 real estate tax, and total taxes than the

15 controlled municipalities. These findings

16 indicate that while institutions of higher

17 education bring an undisputed economic boon

18 to a region or state, they may also

19 adversely affect a municipalities fiscal

20 resources.

21 Why is this the case? Higher

22 learning institutions do not contribute

23 property tax due to their tax exempt status,

24 but they typically owe a significant amount

25 of property in a municipality. Higher
.

78


1 education institutions that have prominence

2 in the municipality tend to own significant

3 amounts of property lowering the level of

4 real estate taxes collected by the

5 municipality. These circumstances lead to

6 less revenue for college host municipalities

7 than municipalities that are comparable in

8 median family income and percentage of

9 renters."

10 Now, as I examined this agreement

11 presented to us, I noticed that in an

12 Exhibit A we have listed the description of

13 the project of the $30 million will be used

14 to finance and one of those uses is

15 financing of other miscellaneous capital

16 expenditures including expansion. Now, what

17 they mean by other miscellaneous is in

18 addition to the campus dormitory they are

19 currently erecting, so it's evident that

20 they have plans of further expansion and/or

21 renovation of the existing facilities on the

22 university campus and etcetera, then they

23 proceed to define the university's campus

24 and included in that definition is an

25 additional athletic complex located on both
.

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1 sides of Broadway Street between Third and

2 Lackawanna River in the City of Scranton.

3 So, is it does appear that will be

4 great expansion. Now, I don't believe that

5 anyone can afford this. One point -- or

6 excuse me, one in six people in Scranton

7 still live in poverty. The University of

8 Scranton should be building up, not out, and

9 by agreeing to this arrangement we are in,

10 in fact, agreeing to a allow them to expand

11 further and place additional financial

12 burden on the taxpayers of Scranton, so I

13 cannot approve this.

14 MS. GATELLI: Anyone else on the

15 question?

16 MR. MCGOFF: Yes. As I read it, the

17 expansion that you are speaking of is to

18 properties that that they already own that

19 they are not purchasing additional property.

20 The properties on O'Hara Road and the

21 properties between Third and Lackawanna

22 River are properties that are already in the

23 possession of the University of Scranton.

24 MS. EVANS: Well, that's certainly

25 very interesting, but I think we all know
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1 the history of the University of Scranton

2 which is almost an annual expansion to the

3 point where our citizens are suffering from

4 the amount of tax producing properties that

5 have been devoured by the University of

6 Scranton and removed from the tax rolls.

7 MR. MCGOFF: But, none of those --

8 they are not going to acquire any new

9 properties so that that's --

10 MS. FANUCCI: They are building on

11 their own land.

12 MS. GATELLI: We are still on the

13 question. Just for the record, I spoke to

14 Bob Nevrosky, who is a member the

15 association and is directly affected by the

16 neighboring University of Scranton, and he

17 said that the Hill Neighborhood is in total

18 agreement with this expansion project, and

19 they are thrilled that the homes are gone

20 and that the students will be housed in

21 dormitories. It makes for a much more

22 pleasant neighborhood when the children are

23 not crowding into homes where landlords are

24 making excessive amounts of money and he,

25 indeed, is in favor of this project so I
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1 would be voting, yes, in agreement with the

2 Hill Neighborhood Association.

3 MS. EVANS: Well, I can certainly

4 respect that and I do understand the

5 position of the neighbors of the Hill quite

6 well and their issues over these many years.

7 I can understand that they would, of course,

8 favor the construction of dormitories over

9 off-campus housing, but unless I see within

10 their newly produced policy that they will

11 not permit any student freshman through

12 senior year or graduate students to reside

13 off campus, I don't think they can give you

14 this guarantee. In fact, the University I

15 believe this year has the great honor of

16 hosting it's largest freshman class in

17 history. They are an excellent, excellent

18 post-secondary institution. They have

19 earned their superior academic reputation

20 and as such more and more students wish to

21 attend the University of Scranton, and I

22 don't believe that you are going to see all

23 of their student population encompassed in

24 dormitory residents. There will still be

25 off-campus housing whether we like it or
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1 not, particularly in light of their recent

2 growth, and I expect that will only

3 continue, as I said, because they are an

4 outstanding institution.

5 MS. GATELLI: We could belabor this

6 for the next hour. The permit fees alone on

7 those projects are $891,000 so we are

8 getting almost a million dollars in permit

9 fees. This new project is going to house

10 all of the sophomores, so now we all have

11 all the freshman and all of the sophomores

12 on campus.

13 I think that the new president of

14 the University is a very cognizant of the

15 neighborhood and trying to move forward with

16 getting more things done on campus and I

17 think you will see in the future more

18 dormitories built to keep more of the

19 students on campus.

20 I have been in negotiation with the

21 University of Scranton during my tax, in

22 lieu of taxes meetings, and within the next

23 several weeks I will be making an

24 announcement, we are very close to an

25 agreement on them doing a substantial
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1 project for the City of Scranton, so I will

2 keep you posted on that, and just for the

3 record, they are not donating -- not

4 donating, paying $891,000 in permit fees for

5 this project.

6 So, I think whether you like it or

7 not the University is here, Marywood is

8 here, we are educating children, they are

9 contributing to the restaurant, the bars,

10 the stores and, you know, I don't know how

11 you can measure that. I do agree with you,

12 I don't like the tax exempt either, and we

13 have to try to get what we can from tax

14 exempts as we got from the Housing

15 Authority, the $900,000 which they have

16 never done before. And so, you know, we

17 have to keep on plugging and just hope than

18 when it's time for them to come up to the

19 plate that they come up to the plate for us,

20 and I do think it's going to help the Hill

21 Section. Your points are well taken.

22 MS. EVANS: And I did just want to

23 add I think it is splendid of the Scranton

24 Housing Authority to make a $900,000 payment

25 in lieu of taxes to the City of Scranton.
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1 MS. GATELLI: And the board members

2 don't get paid, by the way. They had a

3 misprint in today's paper. I know we are

4 going off the topic, but there was an

5 article in there that the board members got

6 paid.

7 MS. EVANS: I saw that, yes.

8 MS. GATELLI: That is not true. The

9 board members do not, Mr. Brown, up in the

10 balcony, you need to make a correction, the

11 board members do not get paid, and it is a

12 nice contribution, but it needs to fill the

13 potholes.

14 MS. EVANS: Yes, he does.

15 MS. GATELLI: And I'll call Marie

16 tomorrow, I thought that would be the next

17 thing you were going to say.

18 MS. EVANS: No, but I thank you.

19 Actually, as I said, I am very impressed and

20 very grateful, certainly that is most

21 beneficial and necessary, but it seems if

22 the Scranton Housing Authority can afford

23 something of that nature, is it not

24 embarrassing that we have postsecondary

25 institutions that contribute nothing to this
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1 city.

2 MS. GATELLI: Yes.

3 MS. EVANS: And others who are

4 extraordinarily financially solvent to say

5 the least who have contributed a mere

6 $110,000 for many years, so --

7 MS. GATELLI: That's true, but we are

8 making headway we just have to keep on

9 plugging. All right. Anyone else on the

10 question?

11 MS. EVANS: Could you make more

12 headway if you withheld this until you had

13 your discussion?

14 MS. GATELLI: I have already had my

15 discussion and I don't think you can -- I

16 don't think I could do that, could threaten

17 them in any way. I don't think that would

18 be appropriate to use this to threaten them,

19 but they are coming forth with something and

20 I think you will be happy. Where are we?

21 MR. MINORA: On the question.

22 MS. GATELLI: We are done with the

23 question. All in favor? Aye.

24 MS. FANUCCI: Aye.

25 MR. MCGOFF: Aye.
.

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1 MS. GATELLI: Opposed?

2 MS. EVANS: No.

3 MS. GATELLI: The ayes have it and so

4 moved.

5 MS. GARVEY: 5-S FOR INTRODUCTION - A

6 RESOLUTION - AUTHORIZING THE MAYOR AND OTHER

7 APPROPRIATE CITY OFFICIALS TO EXECUTE AND

8 ENTER INTO ANY AND ALL DOCUMENTS NECESSARY

9 TO AUTHORIZE UGI PENN NATURAL GAS, INC.,

10 FORMERLY PG ENERGY, TO CONSTRUCT, OPERATE

11 AND REPAIR A NATURAL GAS REGULATION FACILITY

12 INCLUDING PIPES THEREFOR, ON WEST OLIVE

13 STREET IN THE CITY OF SCRANTON.

14 MS. GATELLI: At this time I'll

15 entertain a motion that 5-S be introduced.

16 MR. MCGOFF: So moved.

17 MS. FANUCCI: Second.

18 MS. GATELLI: On the question? All

19 those in favor?

20 MS. EVANS: Aye.

21 MS. FANUCCI: Aye.

22 MR. MCGOFF: Aye.

23 MS. GATELLI: Aye. Opposed? The

24 ayes have it and so moved.

25 MS. GARVEY: We will be holding 5-T
.

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1 until next week when we get the change in

2 legislation. Sixth order. No business at

3 this time. Seventh order, no business at

4 this time. We are going to be taking a

5 ten-minutes recess before we continue with

6 the rest of the hearing.

7 (A brief recess was taken.)

8 MS. GATELLI: Douglas Miller.

9 MR. MILLER: Good evening, Council,

10 Doug Miller, Junior Council. Tonight I will

11 begin by addressing our handicapped swing

12 set project. On Thursday, July 26, 2007, I

13 stated that Junior Council would be

14 refunding the contributions made towards or

15 project because it was not going to be

16 placed near the handicapped accessible tree

17 house. Junior Council had said from day one

18 of the project that the swingset should be

19 placed across from the handicapped

20 accessible tree house because that area was

21 accessible for everyone. However, that

22 location was rejected by the city.

23 During our summer break we realized

24 that we would be letting many residents down

25 if we refunded the money and we would have
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1 been breaking a promise we made to the

2 public. We realized that it was time to go

3 into the site selection process with an open

4 mind. We met with Parks and Recreation

5 Director Mr. Dougher and reviewed several

6 locations throughout Nay Aug Park and in

7 August we were able to come to an agreement

8 with the city on a new location in Nay Aug

9 Park for the handicapped swing set.

10 Tonight I am pleased to say that the

11 politics that was involved in this project

12 are gone and we are moving forward with our

13 project. On behalf of Junior Council I

14 thank Mr. Dougher for his support and

15 patience. He is professional and respected

16 by Junior Council. I am proud to announce

17 to the public tonight that the swing set has

18 arrived and was installed at Nay Aug Park on

19 Saturday by Dunmore Evergreen Landscaping,

20 Incorporated, lead by Mr. George Dunbar. I

21 thank Mr. Dunbar for donating his time and

22 service to install our swing set. We

23 greatly appreciate all he has done to help

24 us.

25 Tomorrow, at 10 a.m. Junior Council
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1 will hold a ribbon cutting ceremony at Nay

2 Aug Park for the completion of our

3 children's handicapped accessible swing set

4 project and on behalf of the Junior Council

5 I invite city council and the citizens of

6 Scranton to attend. Thank you to all those

7 who made this day possible. We are very

8 proud that we are able to give this gift to

9 so many residents all across our community.

10 For the 2007-2008 school year the

11 Scranton Junior City Council has five seats

12 available for any interested high school

13 students. Applications are available at

14 West Scranton High School and Scranton High

15 School. Students will be required to answer

16 an essay question and receive a written

17 recommendation from the teacher. All

18 applications are due by Monday,

19 September 24, and they should be sent to

20 City Hall, 340 N. Washington Avenue and the

21 zip code is 18503. We encourage all

22 students to fill out an application.

23 Participation from students is important as

24 it helps move our city forward. We look

25 forward to hearing from students all across
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1 our city as junior council looks to continue

2 it's success. Thank you.

3 MS. GATELLI: Thank you.

4 Mr. Piccolino.

5 MR. PICCOLINO: Giovanni Piccolino,

6 taxpayer, this is right off the Scranton

7 PA.gov website: "We are building a better

8 Scranton by creating new jobs and investing

9 in our infrastructure, attracting new

10 businesses and supporting our existing ones.

11 It's a plan to build our future today so we

12 are ready for the challenges that tomorrow

13 may bring."

14 That's a quote by our present mayor.

15 I'd like to break it down. "We are building

16 a better Scranton by creating new jobs."

17 The job growth in Scranton from 2001

18 to the present is a negative 5.221 percent.

19 That's out of Money magazine.

20 "We are investing in our

21 infrastructure." Everybody knows how our

22 roads are.

23 "Attracting new businesses. "The

24 only businesses we attract are the ones that

25 we gave handouts and KOZ's to, and,
.

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1 "Supporting our existing ones." They don't

2 support us or Coney Island.

3 "It's a plan to build our future

4 today so we are ready for the challenges

5 that tomorrow may bring." Basically it's

6 saying, let's borrow, borrow, borrow, and

7 worry about what happens in the future.

8 These are some population numbers

9 for Scranton: July '01, 75,222; July of

10 '02, 74,505; July '03, 73,905; July '04, 73,

11 555; July '05, 73,154; July of '06, 72,861.

12 All of this present administration had done

13 for us has raised the taxes and has

14 population decrease and no job growth at

15 all. Mr. McGoff, as to you, you remind of a

16 quarterback. Mr. Doherty is your coach,

17 every time he sends in a play you run it.

18 Remember, you weren't elected just yet, you

19 were appointed.

20 MS. GATELLI: Is Mr. Sbaraglia still

21 here?

22 MR. SBARAGLIA: In body, not in

23 spirit. Andy Sbaraglia, citizen of

24 Scranton, taxpayers' member. I noticed that

25 the University would like to borrow part of
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1 that to fix up our South Side complex. Does

2 anybody know where that ball field is now

3 that was supposed to be built to replace it?

4 I don't even want to get into it, it's not

5 that important because I know it's not there

6 and probably never will be there. This man

7 constantly makes promises that he can't

8 keep. I wouldn't call him a liar, but, damn

9 it, he is awfully close.

10 Let's look at the Sewer Authority.

11 Is that increase legal? You have a lawyer,

12 you can ask him. As you noticed, you people

13 were supposed to vote on that, for the

14 increase, you did not do that. Is it legal?

15 You got a lawyer, you are supposed to vote

16 on it. How was your power stripped? It's

17 in your -- actually if you read the Home

18 Rule Charter Administrative Code, that was

19 granted to you. All increases by the Sewer

20 Authority has to be done by council. It

21 wasn't done that way. Nobody on council got

22 up and said a darn thing about it.

23 MS. EVANS: I --

24 MR. SBARAGLIA: We're stuck with it.

25 MS. EVANS: I'm sorry, you finish.
.

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1 MR. SBARAGLIA: And we are stuck with

2 this increase. And anybody with common

3 sense remembers that the reason why we

4 bought back our Sewer Authority was because

5 they were going to give us a 42 percent

6 increase instead of what do we got now, 53

7 or 56 percent increase and God knows where

8 it's going to end. There is no supervision

9 at all over the Sewer Authority if they

10 become autonomous. The Taxpayers'

11 Association's contacted PUC, they in turn

12 said if the Sewer Authority extends out

13 beyond Scranton it would probably come under

14 the PUC and it's good chance, we are in

15 litigation with them now. The other thing

16 is if not then we have to go to the Courts

17 and the Court would then supervise the Sewer

18 Authority. You can't have a Sewer Authority

19 without any kind of a checks and balances,

20 it doesn't work that way. It's got to be

21 done and it's got to be done quick. I don't

22 know why you would let anybody usurp your

23 powers. It doesn't make sense. It doesn't

24 make any kind of a sense. You are there to

25 protect the people from the mayor. You
.

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1 don't do a good job of it. You probably

2 never will do a good job of it. You are

3 hand-in-hand with something that's pushing

4 the city beyond it's financial feasibility.

5 We're BP rated, that's junk bond. We are

6 going to go lower and lower and lower.

7 Nobody asks how much money from the sinking

8 fund when the Scranton Recreation -- the

9 Scranton Redevelopment Authority built a

10 garage. They had a sinking fund to pay off

11 some of the bonds. Now, in turn, probably

12 that fund was gone and the reason that

13 garage was sold is to get another sinking

14 fund, that's the only reason. Thank you.

15 MS. EVANS: Mr. Sbaraglia, I did

16 address on the issue at the time that the

17 $8 million was paid to American Water

18 Services on behalf of the City by the

19 Scranton Sewer Authority and appeared at

20 that time that the only, let us say, power

21 the city retained after that transaction was

22 the ability of the mayor it appoint members

23 to the Scranton Sewer Authority Board, so,

24 as I said, I did bring up the issue that I

25 thought it was outrageous that the rate
.

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1 increases would no longer come before

2 Scranton City Council and why had that

3 ability, that right, be taken away from us

4 in order to protect the people, but it is

5 gone and how that transpired I do not know

6 because I was not privy to any of those

7 negotiations or deals that were made.

8 MR. SBARAGLIA: That's why you have

9 a lawyer.

10 MS. GATELLI: Ozzie Quinn.

11 Mr. Sbargalia, we will try to get that

12 answer for you.

13 MR. QUINN: Ozzie Quinn, Taxpayers'

14 Association. Janet, Mrs. Evans, you are

15 right about that CPI and, Mr. McGoff, you

16 are wrong. They are definitely has to be

17 the funding sources, be it a grant, CDBG

18 funds, taxes or whatever, and has to say the

19 amount, okay? This is not a wish list, this

20 is something in regard to the whole budget

21 and we are being hoodwinked again by Mayor

22 Doherty. We owe -- it's crunch time, we owe

23 $300 million, that's principal and long-term

24 interest. And don't let anybody tell you

25 that the authorities are not -- that we're
.

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1 not responsible for what the authorities

2 default. Read the ordinance of July when

3 you passed that $35 million bond for the

4 Scranton Parking Authority. You know what,

5 in that ordinance it says that you are

6 responsible. Not you, us, the taxpayers, we

7 are responsibility. Now, we are fed up with

8 it, enough is enough. How are we going to

9 pay this for the 2009 with this capital

10 budget and all of these payments he has to

11 make? I want to ask you, Mr. McGoff, will

12 you vote for a tax increase?

13 MR. MCGOFF: Excuse me?

14 MR. QUINN: Will you vote for a tax

15 increase for the new budget?

16 MR. MCGOFF: I'd have to see it

17 before I make a decision.

18 MR. QUINN: In other words, you will

19 possibly vote for a tax increase?

20 MR. MCGOFF: Hypothetically I'm not

21 going to give you an answer, because I don't

22 know what --

23 MR. QUINN: Well, you know what last

24 year was and you know it's going to be

25 higher this year.
.

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1 MR. MCGOFF: That's your assumption.

2 MR. QUINN: That's my assumption is

3 right because I study the books, you don't,

4 you listen. And one other thing, it's a

5 fact that we are down there in Daron

6 Industries and what's happening down there

7 is a shame, there are two people on

8 respirators down there. One is in intensive

9 care right now in the hospital, okay, for

10 the last two weeks. It's a shame, it's a

11 crying shame. Miss Fanucci, you know, you

12 passed that for to be an industrial zone and

13 a month later your relative, Keating,

14 approved that, sent the land development

15 plan into the city, SRA, that was approved.

16 You know, you should have voted or abstained

17 like Judy did tonight or says, "I want to

18 abstain because of the fact that I know my

19 daughter goes over there."

20 Well, if you were a relative you

21 should abstain to, but, no, you like before

22 when you were arguing about who is going to

23 pay for this -- don't giggle, Miss Giggles.

24 Everybody loves your giggle. The fact is

25 the --
.

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1 MS. FANUCCI: He is not my relative,

2 Ozzie, I don't know how many times I have to

3 tell you. God Bless you.

4 MR. OZZIE: He is a relative. He can

5 argue this for the day, he is your relative.

6 MS. FANUCCI: You find a blood link

7 and I'll believe it.

8 MR. QUINN: He is your relative, I

9 know, I went into the family tree. Mrs.

10 Evans, there is no doubt about it with the

11 Sewer Authority it's politics as usually.

12 The people are getting --

13 MS. FANUCCI: This is so sad.

14 MR. QUINN: -- upside down. It's

15 politics. The people just got their water

16 bills, they can't afford it.

17 MS. GATELLI: Thank you, Mr. Quinn.

18 MR. QUINN: Come on, let's go, you

19 people. Do something.

20 MS. GATELLI: Jim Stucker.

21 MR. STUCKER: The city, the bar at

22 Brass Pendant told me top tell you that was

23 the law. He told once again on Virginia

24 tonight. I live in John Doherty's building

25 so that's right next to East Street Park and
.

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1 I live right around the back of it. I feel

2 better there and my buddy, Pat, told me to

3 tell you there is some people watching on TV

4 tonight with me. Our garbage hasn't been

5 picked up. I want to know what you can do

6 about Parrot Avenue, again. There is holes

7 up there by the school, I went about 5 or

8 10 -- five or six times about. I complain

9 about a couple of times about it on Parrot

10 Avenue.

11 MS. EVANS: Jim, I did see on the

12 weekly list provided to council by the DPW

13 director that potholes were filled recently

14 on Parrot Avenue.

15 MR. STUCKER: Well, I have a friend

16 named Jimmy Palumbo, well, he never paid me,

17 he owed me money, again, and Pat told me to

18 keep after him, so I got the card here if

19 you want to write the number down.

20 MS. GATELLI: Give it to Neil.

21 MR. COOLICAN: Thank you.

22 MR. STUCKER: So what happens I did a

23 big cherry tree in the lady's yard and he

24 never came back and finished the job so he

25 got $300 he did for the job to take one of
.

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1 the side tree down and didn't take the other

2 side down. She wanted all of it down so I

3 had to go back and I had my saw and I had to

4 go back and cut the log down and the top of

5 the tree down, so I got to go back and

6 finish it and I'm afraid the type the tree

7 had no ladder so it's pretty hard for me.

8 So I missed your birthday party.

9 MS. EVANS: Well, we missed you.

10 MR. STUCKER: Yeah. We need a light

11 on -- can't you get a light on Church Avenue

12 where I used to live on a pole? We got our

13 sign put up, there is no parking, there is

14 no parking there and on Church Avenue.

15 MS. GATELLI: We'll check into it.

16 MS. EVANS: Tell me.

17 MS. GATELLI: Thank you.

18 Mr. Spindler.

19 MR. SPINDLER: Good evening, Council.

20 Les Spindler, Scranton resident.

21 Mrs. Gatelli, the night of West Scranton's

22 graduation you had to leave earlier, but

23 made sure you were here to pass that

24 ridiculous delinquent tax legislation which

25 if you were not here would have died with a
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1 2-2 tie. You say you are not a rubber

2 stamp, but I think you proved your true

3 colors that night. And, also, by voting to

4 pass that you violated the Home Rule Charter

5 because the previous meeting which adjourned

6 early and not everyone was allowed to speak

7 on that issue.

8 Mrs. Fanucci, the meeting of July 12

9 you told Mrs. Franas there are rules. The

10 following week you say the same things to

11 me. Well, you are right, there are rules,

12 but every week you and Mrs. Gatelli and Mr.

13 McGoff violate the Home Rule Charter, so if

14 you want the citizens to obey the rules set

15 a good example, do it yourself.

16 MS. FANUCCI: How do I do that, Mr.

17 Spindler?

18 MR. SPINDLER: With citizens'

19 participates.

20 MS. FANUCCI: I don't think so, Les.

21 MR. SPINDLER: I know so.

22 MS. FANUCCI: Oh, okay.

23 MR. SPINDLER: Also, at the July 26

24 meeting, Mrs. Fanucci, you said you do what

25 the taxpayers want you to do, again, I don't
.

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1 think so. You voted for a 25 percent tax

2 hike. I don't think the citizens wanted you

3 to do that. You also voted for that

4 ridiculous delinquent tax legislation which

5 would cause people who fall on hard times to

6 lose their houses. I don't think the

7 citizens of the city want that either.

8 And something else, you said at one

9 of the last meetings you made a bunch of

10 phone calls and most cities around here have

11 three minutes of public speaking. Don't

12 know you who you called, I did make some

13 phone calls, I got in touch with nine cities

14 and boroughs, the only one that's three

15 minutes is Hazleton. Wilkes-Barre and

16 Dunmore are ten minutes. Olyphant,

17 Plymouth, Kingston, Nanticoke and Moosic are

18 all unlimited. So, I think this council is

19 very unfair to us; and, lastly,

20 Mrs. Fanucci, you can't drive to Guam. Your

21 former teachers must be very proud of you.

22 MS. FANUCCI: You have to be kidding

23 me. You can't drive to Guam? I didn't know

24 that.

25 MR. SPINDLER: You are wasting my
.

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1 time, please wait.

2 MS. FANUCCI: You are wasting my

3 time quite frankly.

4 MR. SPINDLER: Mr. McGoff, you said

5 something tonight, you were wrong and I

6 think you should get the facts before you

7 speak, you said Buono Pizza is in litigation

8 so an offer must have been made to them,

9 that's wrong. They are in litigation to

10 stop the -- I lost my train of thought, stop

11 the eminent domain proceedings, that's why

12 it's in litigation. They were never made an

13 offer.

14 Lastly, I think this council should

15 look into what West Pittston just did and

16 passing a ban on all minors smoking on

17 public property. I think it's a health

18 issue and I think it's a real good idea if

19 West Pittston did it I think that's

20 something we should also do. Thank you.

21 MS. GATELLI: Thank you. Reverend

22 Simmons.

23 MS. SIMMONS: Reverend Katherine

24 Simmons, Scranton resident. Good evening,

25 council, Junior Council. I came here
.

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1 tonight to talk about three issues, but I'm

2 going to put all of them aside until next

3 week and speak about those who are not being

4 spoken for in the City of Scranton, the

5 needy, the poor, people who are only earning

6 enough to get themselves through a week.

7 The poor were insulted today. They were

8 insulted this morning and they were insulted

9 this evening. Any ministry or any nonprofit

10 group that deals with homeless families or

11 hidden families was insulted today and I

12 thought coming to council tonight there

13 would be some support here, but,

14 Mrs. Fanucci, you showed that you have

15 absolutely no regard for homeless families,

16 families that have been evicted from

17 condemned buildings because there is no one

18 in the City of Scranton that helps us find

19 housing for these people. I have been

20 involved with these people for 18 years and

21 not one time has anybody from a city

22 administration come forward to help me find

23 housing for these people. So, where you get

24 this idea from that --

25 MS. FANUCCI: In the instance I was
.

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1 speaking of she did get relocated and she --

2 MS. SIMMONS: Well, bless her heart.

3 MS. FANUCCI: So personally --

4 MS. SIMMONS: One out of 18 years,

5 isn't that wonderful.

6 MS. FANUCCI: Well, that was the

7 incident I was speaking of.

8 MS. SIMMONS: Well, at the end you

9 said, you made the statement --

10 MS. FANUCCI: Yes, I did.

11 MS. SIMMONS: That anybody shouldn't

12 be afraid to turn their house over to have

13 it condemned or --

14 MS. FANUCCI: Their apartment. Their

15 apartment if they are renting from someone.

16 MS. SIMMONS: To them it's a house,

17 Dear, okay, they live in it.

18 MS. FANUCCI: But, you have to be

19 clear because I didn't say a home. I said

20 an apartment.

21 MS. SIMMONS: Well, I was sitting

22 right there, I heard it and everybody that

23 was in the front row heard it.

24 MS. FANUCCI: I said if they were

25 renting, this woman was a renter.
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1 MS. SIMMONS: What difference does

2 it make? It's their house.

3 MS. GATELLI: Excuse me, I don't

4 want to take your time, but we do have a

5 program in the city to assist people when

6 they are in --

7 MS. SIMMONS: Well, where is it?

8 MS. GATELLI: It's the United

9 Neighborhood Centers.

10 MS. SIMMONS: They haven't helped us.

11 MS. FANUCCI: United Neighborhood

12 Centers.

13 MS. SIMMONS: Where -- I'm asking you

14 -- do you all understand me?

15 MS. GATELLI: It's in block grant

16 money.

17 MS. SIMMONS: Where is it? Where is

18 it?

19 MS. GATELLI: I'll have Mike Hanley

20 call you.

21 MS. SIMMONS: I don't need Mike

22 Hanley call me, I had a meeting with him

23 this morning. Where is this program at? We

24 are out here every single day, 365 days a

25 out of the year trying to find housing for
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1 people who have been either evicted from

2 apartments, is that a better word you want

3 me to use, or condemned buildings.

4 MS. GATELLI: If there is -- there is

5 no evictions --if they are evicted from

6 condemned buildings there is money. Well,

7 I'm telling you there is. It's been there

8 since --

9 MS. SIMMONS: Well, I'm asking you

10 where? Where?

11 MS. GATELLI: Where? Mike Hanley.

12 You call me tomorrow and I'll tell you where

13 the money is.

14 MS. SIMMONS: Well, you better tell

15 him because it was his group that met this

16 morning and we have a mundane amount of

17 problems.

18 MS. GATELLI: Well, I'll call Mike

19 Hanley tomorrow.

20 MS. SIMMONS: Well, you do that. You

21 do that.

22 MS. GATELLI: It's there. I'm

23 telling you, it's there.

24 MR. MCCLOE: Good evening. My name

25 is Brett McCloe, Scranton taxpayer. Over
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1 the course of the past two months, I did

2 some light research into the nature of those

3 3-2 votes and those 4-1 votes and the more I

4 studied it the less it became important. I

5 realized it really didn't matter how, why or

6 how those votes fell or why they go the way

7 they do, or who will adversely affected as

8 long as only 30 percent of this city's

9 voting age participates in the proces. It's

10 not rocket science to figure out that the

11 upcoming tax hikes are geared towards those

12 who best absorb the increases, those who own

13 homes with household incomes of $50,000 or

14 above. Households that don't make that kind

15 of money may not be able to absorb the

16 increases and will suffer due to a survival

17 of the fittest, survival of the financially

18 fittest's mindset. This can also be

19 problematic when it comes to households in

20 the lower middle class to working poor where

21 most rent rather than own their own homes.

22 Higher taxes mean higher rents, higher rents

23 with no corresponding increase in income may

24 cause household budgets to become untenable

25 with the credible expectations that there
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1 may be a recession looming in the horizon.

2 In my opinion it would be irresponsible for

3 this city to do anymore borrowing or lending

4 without first reading the fine print and

5 telling the citizens the obvious, with every

6 dollar borrowed and lent out by this city

7 major tax increases and penalties will

8 follow. The people need to be told this,

9 the people need to be told this by you, it

10 can't be just something that happens to

11 them.

12 New tax legislation will probably

13 not get to the agenda until after the

14 November elections, and that's not hard to

15 figure out. I think it would be a smart

16 idea for in council to read the front page

17 of yesterday's newspaper and recognize the

18 realities of what could be the next

19 important voting block. Thank you.

20 MS. GATELLI: Thank you. Mr.

21 Jackowitz.

22 MR. JACKOWITZ: Bill Jackowitz,

23 South Scranton resident. Mrs. Gatelli,

24 there may be money available but the only

25 people that get that money are the Doherty
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1 real people and the Fanucci my people.

2 Scranton Taxpayers' Lackawanna County

3 Citizens' Group, Incorporated, we had our

4 free swim program this year, we had a total

5 of five free swims at Nay Aug Park for a

6 total cost of $3,034. One-thousand

7 one-hundred six kids swam for free. Some

8 this was the first time they ever swam at

9 Nay Aug Park. He we had five events, we had

10 six events that was scheduled for 2nd of

11 September, but it was cancelled due to the

12 fact that no life guards were available.

13 Labor Day weekends, no lifeguards, too bad.

14 If you are torn or undecided you should

15 table until you are 100 percent in favor of

16 or against the vote that you are making.

17 That's all that I'm asking for. You should

18 know more about that vote that you are

19 voting on because you are affecting every

20 citizen in the City of Scranton, than you

21 should know about your own family tree. You

22 should know everything that you need to know

23 about that vote. Legion of Doom stands for

24 fair, honest and open government and that's

25 all I'm asking for is fair, honest and open
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1 government. Let's start getting it. Let's

2 make sure we know what we are voting on.

3 You should be able to answer any and every

4 question that is brought here to your

5 attention by a citizen or by a fellow

6 councilman or anybody. You should know the

7 answers. If you don't know the answers, be

8 man enough or woman enough to say, "I don't

9 know the answer, but I'll find the answer

10 and I'm not going to vote on it until I know

11 the answer," because it's a shame that the

12 taxpayers and the taxpayer group knows more

13 about what's going on in this city and this

14 county than our elected officials.

15 You guys were elected by us to

16 support us and to work for us, not to

17 support the people who voted for you, and

18 vote against the people who voted against

19 you. You are here to support every citizen

20 of the City of Scranton and it's damn -- you

21 better damn start doing it. It's as simple

22 as that. It's not being done. If you lose

23 your election, too bad. If you win your

24 election, great, but don't do it off the

25 backs of the citizens of this city. The
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1 city cannot tolerate it any longer. We just

2 can't. People are broke. There is not too

3 many of us who make over $50,000 a year.

4 Thank God I happen to be one of them, but

5 guess what, I'm in the minority because most

6 of the people in this city are making

7 between $18,000 and $22,000 to $24,000 a

8 year. Think about it. Think about it when

9 you pass that vote. If the budget comes up,

10 think about it, know that budget, know that

11 budget inside and outside. Think about that

12 person who is making $12,000 that single

13 mother. Think about it. That's all I ask.

14 MS. GATELLI: I think there is one

15 more on the list, Mrs. Shumaker.

16 MS. SHUMAKER: Marie Shumaker,

17 citizen and member of the Taxpayers'

18 Association. I have four brief items

19 tonight. First of all, Mrs. Gatelli, I'd

20 like to say I was very disappointed that you

21 decided to close the budget meetings after

22 you had announced that there would be three

23 meetings on the 9th, the 16th and the 23rd

24 between 11 and 1, that was very

25 disappointing.
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1 Second, I would like to ask that you

2 reinstate an ordinance that was brought here

3 in December of 1993 to require all new homes

4 being built to install curbs and sidewalks.

5 That for some reason, I don't know the

6 history, but for some reason that did not

7 become law, and I think it is certainly

8 time, those of us who have persons in

9 wheelchairs, women in strollers that are

10 forced on the streets, it's just creating

11 needless -- the time to do it is when the

12 home is being built and new homes and I

13 would suggest you have Mrs. Garvey bring

14 that legislation back for passage.

15 Third, I'd like to ask Mrs. Gatelli,

16 several months ago you said you are going to

17 have the solicitor research the liens where

18 the city has demolished buildings and done

19 work for private individuals and I'd really

20 like to know what the result was of that. I

21 understand there has been another on Market

22 Street that was done for a private

23 individual and, I don't know, I didn't go

24 down and check to see if there is a lien on

25 that property, but the city can't be
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1 affording those kinds of gifts I don't

2 believe.

3 And then, finally, I'd like to say

4 that the two minutes to address agenda items

5 is insufficient. Tonight there were 19

6 agenda items, I would like to have to spoken

7 to more than I did, but I was restricted and

8 I think two minutes is certainly

9 insufficient when you have that large of a

10 quantity. Thank you.

11 MS. GATELLI: Thank you.

12 MS. RICKARD: High. My name is Wanda

13 Rickard, and I live in the Tripp Park

14 Development, most of you know me. The

15 reason why I'm here tonight is because I

16 have a dangerous safety issue that I'm

17 dealing with living within our new

18 development. I'm one the first homes that

19 was built there, and my mother-in-law lives

20 with me and last year I had an ambulance

21 come to my home two times and the ambulance

22 could not find my home because my treat is

23 unmarked. This year my -- I had to call an

24 ambulance in two weeks four times and, also,

25 we had trouble, the ambulance had to call me
.

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1 to give them directions because my street

2 wasn't marked.

3 Now, generally, what I do is I send

4 them over Euchlid Avenue, I know you are

5 familiar with the development, and I'll tell

6 them to take Hawthorne, but presently right

7 know there are trees that are really

8 overgrown and you can't even acknowledge let

9 alone read the Hawthorne sign, so they go

10 way past my house and they are on the other

11 end of the development and trying to wiggle

12 their way through and so the response time

13 is not good for me; and right now I'm

14 dealing with an ambulance, police, you don't

15 know who you are going to need, so it's a

16 concern of mine.

17 And one other thing I'd like to

18 bring attention to is the fact that I had

19 brought this issue up before, I am living in

20 my home it's going to be six years, like,

21 back two years ago with Mr. Fiorini and he

22 assured me that that matter would be taken

23 care of. At that time I didn't need, I

24 wasn't projecting that I would need an

25 ambulance, so it was, do you know what I
.

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1 mean, but now it's an issue because no one

2 can find us. And I have home health coming

3 to the home and also I have nursing, private

4 duty nursing staff coming to my home. I

5 have a job so I am waiting for them and I

6 end up driving to a street three or

7 four blocks over in the development to get

8 them to bring them to my home and that's

9 unnecessary when all I need is a sign to

10 mark our street.

11 MS. GATELLI: If you would leave your

12 name with Neil I'll have Mr. Brazil call you

13 tomorrow.

14 MS. RICKARD: Okay, and that's all,

15 you know I don't know who to talk to or --

16 MS. EVANS: Would you mention to him

17 too, though, about trimming the trees as

18 well?

19 MS. GATELLI: That's a good idea.

20 MS. RICKARD: I almost did it myself.

21 MS. EVANS: I'm sure he will take

22 care of these things.

23 MS. RICKARD: Thank you for your

24 time, I just didn't know who to talk to.

25 MS. GATELLI: Tell Neil, and Mr.
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1 Brazil will call you tomorrow.

2 MR. GONZALEZ: Good evening,

3 Council, Junior Council, and all in

4 attendance. My name is Pedro Gonzalez,

5 south side resident, taxpayer and a

6 representative of the Latin Culture

7 Diversity Center Group and I'm here as usual

8 to announce certain events that have are up

9 and coming. One, the first one is at

10 Scranton University, this coming Saturday,

11 September 15, for the Latin -- excuse me,

12 Hispanic Heritage Month celebration.

13 September 15 to October 15 many of you

14 already know and some don't is Hispanic

15 Heritage Month. The University will be

16 kicking off an event on Saturday the 15th

17 and I think it's going to run from 7:00

18 until about 10:00, don't hold me on the

19 time, but please contact the University.

20 The United States Colors Group are the ones

21 that are running that event.

22 Second of all, us, the Latin Culture

23 Diversity Center will be kicking off an

24 event October 6 and 7, the 6th will be at

25 the Cultural Center, the 7th will be at
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1 Scranton University. The 6th will be a

2 Latin social and performance from the kids

3 and some of the other dance troops that will

4 be in the city and the rest of the night we

5 are going to have a Latin social, it will be

6 a grown up party, we will be dancing the

7 night away on the 6th, and I know, you know,

8 you always tell me, "You got to do it early,

9 you got to do it early," well, it starts at

10 7:00, Judy, okay? It starts at 7:00 and

11 finishes at 11:00.

12 The next day, the 7th, we are having

13 an honoring ceremony of certain honorees in

14 the City of Scranton, businesses which I

15 will not reveal right now, certain people

16 who have contributed to the Latinos and the

17 growth of Latinos in the City of Scranton;

18 and, last, but not least, the Lupus

19 Foundation always has a branch council

20 member, September the 23 Allentown they will

21 be having a Lupus Walk and Run and then

22 October the 14th here at Nay Aug Park all

23 those interested please contact 888, the

24 number again 88899, and then the word Lupus,

25 L-U-P-U-S. Again, that's 88899 and then the
.

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1 word Lupus, L-U-P-U-S, please. Once again,

2 my name is Pedro Gonzalez, and thank you for

3 letting me express myself.

4 MS. GATELLI: Thank you, Pedro.

5 Next?

6 MR. PATILLA: Sam Patilla, Scranton

7 resident, taxpayer, homeowner. Hi, Miss

8 Evans, how are you doing?

9 MS. EVANS: Fine, thank you.

10 MR. PATILLA: My better half I have

11 and I have never argued as much as we have

12 argued since we have moved to Scranton.

13 Never. All of the years we have been

14 together. Partly that's because I won't let

15 her know what's going on, more protection

16 for her than anything else, but a senior

17 citizen, an 80 or 90 year-old gentleman and

18 his wife stopped me while I was working on

19 my lawn the other day and he told me

20 Scranton has been the same for 100 years,

21 people are accustomed to being told what to

22 do. Well, you know, I learned a lot from

23 that gentleman in the 10, 15 minutes the

24 conversation that I had, but it all boiled

25 back to the fact that I only have one
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1 master, it's God Almighty, and unlike

2 everybody else I don't beg. I'm not going

3 to beg council people to do their jobs, I'm

4 not going to beg the mayor to do his job.

5 Thank God, Alberto Gonzalez has finally

6 stepped aside so the ADA's can finally do

7 their job. The people in Scranton deserve

8 Ms. Hubbard, deserve Nelson, deserve Bill

9 Jackowitz, Ozzie Quinn, Andy, Lee, and

10 everybody else that comes up here that tries

11 to look out for the citizens of this city.

12 This city has no money, but yet it

13 finds money for parking lots. It finds

14 money to give to the nonprofits, nonprofits

15 don't give any money to this city, not like

16 they should be. I'm not thrilled that the

17 Housing Authority gave the city $900,000,

18 they stole 900 million, what do I care? The

19 time for the people of Scranton to get off

20 their duff, to shake their 100-year old

21 duffs is upon us right now, all right? Come

22 in November the elections, you have to be

23 replaced. It's a domino effect. Get rid of

24 one, and the rest will fall. This city

25 deserves officials that care and look out
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1 for them. We don't need anymore lawyers

2 stuffing their pockets. We don't need

3 anymore litigation or appeals or any of this

4 other garbage. We need hardworking, honest

5 people and we don't have that right now.

6 Like I said, Arby's was my first

7 introductory here. I came in, I could see

8 what was going on. Ray Charles could see

9 what's going on. I don't care what anybody

10 says, it's going on. I have people

11 following me which I don't care, I will deal

12 with them later on. I have people calling

13 my house and sending me all type of garbage,

14 I don't care, I'll deal with them later one.

15 Right now my number one priority are the

16 senior citizens and the taxpayers and the

17 residents of this city. I'm not going no

18 where.

19 MS. HUBBARD: Good evening, Council,

20 Elizabeth Hubbard, Scranton resident and

21 taxpayer. I have lived in this city and

22 around this city for more than three

23 quarters of my life and I have known for

24 many years that there are a lot of skunks in

25 this town, but tonight I'm not here to talk
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1 about the two-legged kind I'm here to talk

2 about the four-legged kind.

3 About three weeks ago my son walked

4 out of his house on his front sidewalk and

5 got sprayed by a skunk. Nice. So, the next

6 day I made a couple of calls to see what the

7 city does about this problem and I was told

8 that they don't do anything because they

9 don't have the manpower to do it. So, I

10 called the game commission to see what I

11 could do about this and they gave me the

12 name of three different people, so I called

13 one of them, a gentleman from Moscow, and he

14 came down and set two traps and the next day

15 we had two skunks, but it cost me $240 to

16 get rid of these critters. Lo and behold,

17 two nights later here we have another skunk.

18 Now I'm afraid to go out high door at

19 night, I walk out with my dog, which she is

20 on a chain to make sure that she doesn't

21 venture too far into the dark to keep her

22 from the skunk. Anyway, the gentleman that

23 I spoke with said that the city had asked

24 him, he apparently has done some work for

25 the city in a couple of different areas, the
.

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1 Washington area, the Dunmore line up there,

2 and another area of the city, they asked him

3 for a proposal to do this type of thing and

4 he gave them a proposal and he never heard

5 back from them, assuming that they don't

6 have the money to do it. Well, they have

7 money to do everything else. They have

8 money to knock down buildings in North

9 Scranton for Stirna's. They have money for

10 bridges to no where and tree houses. They

11 don't have the money to fix the riverbank

12 and they don't have the money to get rid of

13 the skunks. Now, they are disgusting. They

14 carry disease and rabies, distemper,

15 numerous other diseases, and I think it's

16 about time that the city started doing

17 something about this problem, because it's

18 not only where I live, I have friends that

19 live up on Sunset and Electric Street, tons

20 of skunks up there, they are coming up on

21 people's porches, so maybe some of the

22 two-legged skunks could try to figure out a

23 way to get rid of the four-legged skunks,

24 and no offense to any of you, I didn't

25 mention any names. If I could spray, I'd
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1 spray you.

2 MS. GATELLI: Jim, you spoke already.

3 MR. STUCKER: I know, I got some more

4 things to talk about.

5 MS. GATELLI: You can't. Wait until

6 after the meeting and you can talk.

7 MR. STUCKER: Only three things.

8 MS. GATELLI: No, you can't say it.

9 MR. HUBBARD: Good evening, Council,

10 Daniel Hubbard and, yes, I did get skunked,

11 so if you can do something to help with that

12 pest problem in the city that would be

13 great. The last meeting before your

14 vacation I submitted proposed zoning

15 violations from Daron Northeast, I request

16 Mr. Courtright and Mrs. Gatelli in regard to

17 the caucus that you held with Mr. Butler,

18 who is the attorney for zoning and

19 Mr. Wallace. Miss Garvey submitted those on

20 the 23rd of July and a follow-up letter was

21 submitted on August 14. Now, it was three

22 pages of violations. I was able to pull

23 them from the book word for word using all

24 of the zoning verbiage. Judy, right here.

25 Thank you.
.

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1 MS. GATELLI: Excuse me?

2 MR. HUBBARD: You are the president

3 of council, I'd like you to look at me.

4 MS. GATELLI: I'm writing notes,

5 Mr. Hubbard.

6 MR. HUBBARD: Thank you. Why has it

7 taken six weeks for no response in regard to

8 these violations? Does anybody have an

9 answer? Six weeks. I would have thought,

10 you know, Attorney Butler or Mr. Wallace,

11 being as qualified as Mr. Wallace says that

12 he is given the fact that he read the book

13 once, I'm hoping that Attorney Butler is

14 little more qualified than Mr. Wallace, they

15 can't address these issues in six weeks?

16 Six weeks. They weren't on vacation, you

17 guys were. Where is the follow-up? This

18 goes back to what I said the last meeting,

19 Mrs. Gatelli, you are the president of the

20 council, it's your job to follow-up on these

21 things. You were cc'd on these letters from

22 Kay, where is the follow-up? Where is my

23 answers to the proposed violations that

24 they--

25 MS. GATELLI: Mr. Hubbard, I don't
.

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1 spend anymore time than anybody else. I get

2 the same pay as every other council member.

3 MR. HUBBARD: I understand that.

4 MS. GATELLI: And I was not at any

5 meeting with Attorney Butler; am I correct?

6 MR. HUBBARD: Was he not at the

7 caucus with Mr. Wallace.

8 MS. GATELLI: Not --

9 MR. HUBBARD: In regards to the Daron

10 Northeast --

11 MS. GATELLI: I don't remember him

12 being there.

13 MR. MCGOFF: One caucus meeting.

14 MR. HUBBARD: So, I guess you can't

15 assume that you are going to pay to what I'm

16 saying if you can't pay attention to who is

17 a actually in the caucuses, fine. Obviously

18 we are not getting an answer on this. I

19 want an answer.

20 MS. GATELLI: The issue, Mr. Minora,

21 is in litigation; am I not correct?

22 MR. HUBBARD: No. No, no, no, no.

23 Woah, woah, woah. The litigation with Daron

24 Northeast --

25 MS. GATELLI: Excuse me, I'm asking
.

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1 a question of the attorney, you can have

2 your time back. Attorney Minora?

3 MR. MINORA: I know what I read in

4 the paper that there was litigation, two

5 litigations, one by a neighbor bringing a

6 nuisance action against Daron, and one by

7 Daron against Mr. Hubbard, so I know of two

8 litigations but only from the newspaper, I

9 have never seen the complaints or the

10 documents, but I don't know that we should

11 be taking sides on litigation one way or the

12 other.

13 MR. HUBBARD: No, no, that is private

14 litigation, that is outside of these

15 chambers. This is a zoning issue with

16 Scranton. This has nothing to with my

17 litigation and this has nothing do with the

18 nuisance actions filed by the

19 Zanthas family, that's private litigation.

20 The city is not even involved in that

21 litigation, in any of it. You asked for

22 written -- you asked for it in writing, you

23 got it. I was told I would have a response

24 to that by the people in that caucus. This

25 has nothing to do with the litigation. You
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1 tried to use that during the summer, it's

2 not a part of it. It's separate. It's

3 private. The city is not named in any of

4 the litigation, therefore, it doesn't

5 pertain to you and to the zoning ordinances

6 that are being violated so I would like my

7 answers in writing like I was told I could

8 have.

9 MS. GATELLI: We'll tell

10 Mr. Courtright, Mrs. Garvey, because I know

11 he wrote the letters.

12 MS. GARVEY: Yes.

13 MS. GATELLI: On that issue. Thank

14 you. Your time is up.

15 MR. HUBBARD: You said I could

16 have --

17 MS. GATELLI: Go ahead, you can have

18 a little bit back, I'm sorry.

19 MR. HUBBARD: As far as any

20 litigation with me, that was just in the

21 paper. I have yet to see anything in

22 regards to it. Okay?

23 MS. GATELLI: Thank you.

24 MR. HUBBARD: How much time do I have

25 left?
.

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1 MR. MINORA: That was your time. I

2 gave you extra time.

3 MR. HUBBARD: He gave me extra.

4 MS. GATELLI: Mr. Morgan.

5 MR. MORGAN: Good evening, Council.

6 Here with me I have a copy of the City's

7 Charter and Administrative Code, and I just

8 like to say right up front before I even

9 begin that his council isn't using it's

10 authority and it's not moving in the best

11 interest of the residents of the city

12 whether that's with Daron Northeast or

13 anything else. We have listened to too much

14 stuff, with all due respect to Mr. McGoff

15 today you said something about snow plowing,

16 we still haven't gotten answers from the

17 storm and Valentine's last year about who

18 did the plowing, how much time they spent,

19 what equipment they used, this council has

20 skirted everything all along.

21 As a body, I have to be very honest

22 and say you are a disgrace. Mrs. Gatelli,

23 you held a meeting here, you invited the

24 public to come and talk about the budget, a

25 couple of people on your committee agreed
.

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1 with myself, Ozzie Quinn, and a couple of

2 the other people from the tax group and you

3 folded it, there were no more. Nobody wants

4 anything that the people have to say here.

5 You just want to tax us, misrepresent us,

6 and I think what's really important here to

7 remember is Mr. Kanjorski had a public town

8 meeting and the people heckled and what did

9 he say, "I'm very scared about the

10 Republic."

11 Yes, because the people are tired of

12 corrupt politics and just a total lack of

13 interest in the general welfare of the

14 people, and when you look at what's happened

15 at Daron Northeast and the amount of damage

16 that's doing to the community and the

17 council and an administration that allows

18 this to continue has no merit.

19 Now. I'm going go here to six, I'm

20 going to jump to six in case I run out of

21 time. In regards to the Home -- in regards

22 to the Scranton Sewer Authority it says,

23 "The Council will regulate rates or charges

24 for it's services by municipality and own

25 public utility."
.

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1 That's not happening. Now, how

2 could council possibly lose that authority

3 if it's in this charter? This is the law of

4 the land here, all right? Why aren't you

5 exercising your authority? There is no

6 excuse for it, all right? . You have a

7 solicitor here, he should be fighting your

8 fight. The same thing with all of these

9 subpoenas that should have been had. They

10 were granted by this council, the previous

11 council before we went on recess, and then

12 all of a sudden you were going to break them

13 down and decide how you are going to do what

14 and the whole thing was passed but then

15 everybody skirted it. You don't want any

16 knowledge that is of any benefit to the

17 people whatsoever and the truth of matter is

18 all of these tax increases the community

19 can't take it. They abandoning their

20 property, the mayor said so himself. The

21 residents are abandoning the properties, we

22 are not rehabbing them, we know we are

23 getting them, we are tearing them down. Is

24 that a progressive city proned on growth? I

25 seriously doubt it. Our population decline
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1 is enormous. The only people that are

2 investing in this city are people that we

3 gave grants and loans to. The ordinary

4 people are leaving their properties and you

5 need to read this document, it may help you.

6 MS. GATELLI: Thank you.

7 MR. SLEDZENSKI: Hi, Judy.

8 MS. GATELLI: You have to wear your

9 white shirt tomorrow.

10 MR. SLEDZENSKI: Friday.

11 MS. GATELLI: It's the white out.

12 MR. SLEDZENSKI: I know, I'll be

13 there. Well, Judy, we took our victory two

14 games this week, what do you think?

15 MS. GATELLI: I think we are going to

16 do it.

17 MR. SLEDZENSKI: I hope so.

18 MS. GATELLI: Watch out Scranton

19 High.

20 MR. SLEDZENSKI: That's on TV, Judy.

21 It's on TV October 5.

22 MS. GATELLI: We're hot this year.

23 MR. SLEDZENSKI: You guys are going

24 to get buried by West Scranton, Baby. Good

25 luck, West. Thank you.
.

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1 MS. GATELLI: Thanks, Chris.

2 MS. FOWLER: Hi. My name is Patti

3 Fowler, I'm the city health inspector for

4 the City of Scranton. There was some

5 discussion before about the city, the health

6 inspector's position. I don't want to

7 address it, I would just like to set the

8 record straight and say and mention some of

9 the things the health inspector is

10 responsible for. The mold issue was

11 mentioned before, to my knowledge there is

12 no city, county or state authority that

13 deals with mold at all.

14 You also mentioned about -- it was

15 also mentioned about the bars and

16 restaurants. The health inspector, and

17 there is one health inspector for the City

18 of Scranton. She is responsible for over

19 400 bars and restaurants along with

20 approximately 60 vendors for one weekend of

21 the Italian festival, which she does along.

22 She also condemns -- along with posting stop

23 works order she also condemns for no heat,

24 no electricity, no water, no hot water,

25 infestation, unsanitary conditions, feces
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1 and sewage backup.

2 The condemning officer, which would

3 be me, for all of those reasons are also

4 responsible to notify the owner if necessary

5 about the combination, also to setup for

6 temporary housing for the person who has

7 been condemned out and pull the power if

8 necessary, if that needs to come up. A

9 condemning officer is responsible to setup

10 the file and carry the file. I also issue

11 citations, attend hearings and issue

12 licenses.

13 I have been moved physically to the

14 first floor yet I'm expected to issue

15 licenses out of the fourth floor and

16 maintain files on the fourth floor. Last

17 year while this council voted in their

18 budget not to give our office another health

19 inspector, this council also voted to give

20 me the responsibility of the smoking ban and

21 all of the waivers because I guess I didn't

22 have enough to do.

23 And just one more thing, I'm also

24 the lowest paid inspector in the officer.

25 MS. GATELLI: Thank you.
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1 MS. KRAKE: Good evening, Council.

2 I'd also like to mention that that was

3 Patti, our health inspector, and just

4 recently we had quite a scare for Patti and

5 animal control officer, they were both

6 involved with the home that was infested

7 with fleas and received many, many bites

8 which, of course, nothing has been even

9 addressed and they do much in their daily --

10 MS. EVANS: Mrs. Krake,

11 coincidentally, I brought up an issue

12 regarding the fleas within the city and the

13 Department of Health was contacted and their

14 response was, you know, basically they

15 didn't seem to believe that things like this

16 occurred, that anyone would need treatment

17 or flea or tick removal or, you know, so

18 even though there were homes I believe it

19 was in the area of West Mountain where there

20 was a flea infestation outdoors, people

21 were, you know, unable to mow their lawns,

22 enjoy the outdoors, allow their children

23 outdoors to play, nothing really happened

24 about it because it seems as though the

25 state dropped the ball.
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1 MS. GATELLI: And the state doesn't

2 address flea bites.

3 MS. KRAKE: Well, then I think it's

4 sad if we can't take care of ourselves, and

5 I believe we are capable of doing that and

6 we really do need another health inspector

7 and another animal control officer. I would

8 like to ask that that not be taken away from

9 my time since we only have three minutes, I

10 hope that's okay. I don't usually speak

11 very long anyway.

12 What I really came to speak about

13 tonight was the Lackawanna County

14 Commissioner's passed a resolution asking

15 for reform of Act 47. The county has not

16 been declared distressed, the city has been,

17 which we've been for the past 15 years. If

18 our county commissioners saw fit to call for

19 reform, they were able to realize that the

20 intent has been so perverted that that Act

21 needs drastic change and we are going to be

22 calling on that, we are going to be calling

23 on all county commissioners across the

24 state, organized labor is, to enact reform

25 or pass resolutions to pass that reform.
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1 They are asking for a time limit since

2 15 years is a bit too long, and an oversight

3 board which hopefully will include members

4 of labor. This should benefit working

5 families and all citizens across the state

6 since it's your state tax dollars that pay

7 for these consultants, Pennsylvania Economy

8 League, as Mrs. Evans mentioned is a

9 backpedaling now with their bizarre

10 recommendations that have failed miserably.

11 You mentioned about in your article and they

12 have also mentioned in the hearings where

13 they are being held by state senators that

14 they found that they truly, even when the

15 population goes down in a city cannot

16 decrease fire and police protection as they

17 had recommending adamantly. That's a no

18 surprise to anyone. As you can see, we have

19 poor people here and more crime. I guess

20 I'll have to finish next week. Thank you.

21 MR. ANCHERANI: Good evening. Nelson

22 Ancherani, resident and taxpayer, city

23 employee and financial secretary of the FOP.

24 I'd like to thank Ms. Gatelli, Ms. Fanucci

25 and Mr. McGoff, for stifling two minutes
.

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1 from our free speech. They have voted to

2 change the amount of minutes so often I

3 forgot how much time we would have. Let's

4 see what we should talk about. How about

5 the budget.

6 On Tuesday, November 13, which is

7 nine weeks away, the mayor has to present

8 his budget to council. I bet it's a record

9 budget, over 77 million, I bet he is going

10 to ask for a multi-million dollar loan and I

11 bet he is going to tie in another 25 percent

12 tax increase because he will need them to

13 cover the deficit that he will say we have

14 and then blame the unions for it.

15 Oh, can't forget the TANS, we will

16 need them, too. If he asks for the above

17 that is going to put Mrs. Gatelli in a

18 dilemma because she already promised she

19 wasn't going to vote for another tax

20 increase. We shall see. There is so much

21 to talk about besides the upcoming budget.

22 How about the $35 million loan by the

23 Scranton Parking Authority, the bond? Four

24 council persons voted for that. Mr.

25 Courtright would be added to the list, he is
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1 not here tonight for me to tell him about

2 it. I wondered if the four who voted for

3 it, that's not Mrs. Evans, she didn't, read

4 the legislation before they voted for it.

5 On 8-12-07 in the slime Stacy Brown

6 wrote an article titled, "Empty Promises."

7 In that tale, he talks about

8 development projects that haven't gotten

9 started yet. It should have been started.

10 The Connell building project is talked about

11 and about developing and this is a quote,

12 "About developing underground parking for

13 residents."

14 Later on in that tale, the mayor

15 talks about the Connell Building. "As far

16 as the Connell building that should get

17 underway soon now that city council has

18 passed legislation approving a 35 million

19 bond for the project."

20 Let's see, was that Connell building

21 project in the $35 million bond? I'll ask

22 you now again did you foreread the

23 legislation before you passed it? I read

24 it. No where in the legislation does it say

25 the money is for the Connell building. I
.

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1 have to ask, is the underground parking a

2 key to doing the Connell building project?

3 I'm curious as I'm sure everyone out there

4 who is a taxpayer should be.

5 And to add to Ozzie Quinn's

6 presentation in the file of Council 104, the

7 2000 ordinance, the $35 million bond, "The

8 City hereby unconditionally guarantees the

9 full payment of the principal of an interest

10 on the 2007 bonds of the authority issued

11 and outstanding under and as defined in the

12 indenture from time to time. That the

13 authority or the trustee as paying agent of

14 the authority shall fail to pay the full

15 amount the city will have to pay the full

16 amount."

17 MS. GATELLI: Thank you. Is there

18 anyone else? Motion to adjourn?

19 MR. MCGOFF: Second.

20 MS. GATELLI: All in favor?

21 MS. EVANS: Aye.

22 MS. FANUCCI: Aye.

23 MR. MCGOFF: Aye.

24 MR. COURTRIGHT: Aye.

25 MS. GATELLI: Aye.
.

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1

2 C E R T I F I C A T E

3

4 I hereby certify that the proceedings and

5 evidence are contained fully and accurately in the

6 notes of testimony taken by me at the hearing of the

7 above-captioned matter and that the foregoing is a true

8 and correct transcript of the same to the best of my

9 ability.

10

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12
CATHENE S. NARDOZZI
13 OFFICIAL COURT REPORTER

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