1


1 SCRANTON CITY COUNCIL
PUBLIC HEARING
2

3

4

5
IN RE: FILE OF COUNCIL NO. 71, 2006 - AUTHORIZING THE
6 VACATION OF A PORTION OF THE RIGHT OF WAY KNOWN AS
GORGE STREET CONSISTING OF AN AREA 165 FEET LONG AND 26
7 FEET WIDE IN THE CITY OF SCRANTON, AS MORE PARTICULARLY
DESCRIBED ON THE MAP ATTACHED HERETO.
8

9

10

11
Held:
12 Thursday, January 4, 2007

13

14

15 Time:
6:15 p.m.
16

17

18
Location:
19 Council Chambers
Scranton City Hall
20 340 North Washington Avenue
Scranton, Pennsylvania
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22

23

24 Lisa M. Graff, RMR
Court Reporter
25
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1 CITY OF SCRANTON COUNCIL:

2

3 MS. JUDY GATELLI, COUNCIL PRESIDENT

4

5 MR. WILLIAM COURTRIGHT, VICE-PRESIDENT

6

7
MS. SHERRY NEALON FANUCCI
8

9
MR. ROBERT MCGOFF
10

11
MR. AMIL MINORA, ESQUIRE, SOLICITOR
12

13
MS. KAY GARVEY, CITY CLERK
14

15
MS. SUSAN MAGNOTTA, ASSISTANT CITY CLERK
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1 MS. GATELLI: I'd like to call this

2 public hearing to order. Roll call.

3 MS. MAGNOTTA: Mrs. Evans. Mrs.

4 Fanucci.

5 MS. NEALON FANUCCI: Here.

6 MS. MAGNOTTA: Mr. McGoff.

7 MR. MCGOFF: Here.

8 MS. MAGNOTTA: Mr. Courtright.

9 MR. COURTRIGHT: Here.

10 MS. MAGNOTTA: Mrs. Gatelli.

11 MS. GATELLI: Here. The purpose of

12 the public hearing is to hear testimony and

13 discuss the following:

14 FILE OF COUNCIL NO. 71, 2006 -

15 AUTHORIZING THE VACATION OF A PORTION OF THE

16 RIGHT OF WAY KNOWN AS GORGE STREET

17 CONSISTING OF AN AREA 165 FEET LONG AND 26

18 FEET WIDE IN THE CITY OF SCRANTON, AS MORE

19 PARTICULARLY DESCRIBED ON THE MAP ATTACHED

20 HERETO.

21 Is there anyone interested in

22 speaking at this public hearing? Let the

23 record reflect that there are no speakers.

24 I now declare this public hearing closed.

25
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4


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

2

3 I hereby certify that the proceedings and

4 evidence are contained fully and accurately in the

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

6 that this copy is a correct transcript of the same

7 to the best of my ability.

8

9

10
LISA M. GRAFF, RMR
11 Official Court Reporter

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1


1 SCRANTON CITY COUNCIL MEETING

2

3

4

5 Held:

6 Thursday, January 4, 2007

7

8

9 Time:

10 6:30 p.m.

11

12

13 Location:

14 Council Chambers

15 Scranton City Hall

16 340 North Washington Avenue

17 Scranton, Pennsylvania

18

19

20

21

22

23 Lisa M. Graff, RMR

24 Court Reporter

25
.

2


1 CITY OF SCRANTON COUNCIL:

2

3

4 MS. JUDY GATELLI, COUNCIL PRESIDENT

5

6 MR. WILLIAM COURTRIGHT, VICE-PRESIDENT

7

8 MS. JANET EVANS

9

10 MS. SHERRY NEALON FANUCCI

11

12 MR. ROBERT MCGOFF

13

14 MR. AMIL MINORA, ESQUIRE, SOLICITOR

15

16 MS. KAY GARVEY, CITY CLERK

17

18 MS. SUSAN, MAGNOTTA, ASSISTANT CITY CLERK

19

20

21

22

23

24

25
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3


1 MS. GATELLI: Okay. Please stand

2 for the Pledge Of Allegiance. Please remain

3 standing for a moment of reflection. Roll

4 call.

5 MS. MAGNOTTA: Mrs. Evans.

6 MS. EVANS: Here.

7 MS. MAGNOTTA: Mrs. Fanucci.

8 MS. FANUCCI: Here.

9 MS. MAGNOTTA: Mr. McGoff.

10 MR. MCGOFF: Here.

11 MS. MAGNOTTA: Mr. Courtright.

12 MR. COURTRIGHT: Here.

13 MS. MAGNOTTA: Mrs. Gatelli.

14 MS. GATELLI: Here. Dispense with

15 the reading of the minutes.

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

17 AGENDA FOR THE CITY PLANNING COMMISSION

18 MEETING HELD ON DECEMBER 19, 2006.

19 MS. GATELLI: Are there any

20 comments? If not, received and filed.

21 MS. GARVEY: 3-B, AGENDA FOR THE

22 ZONING HEARING BOARD MEETING HELD ON

23 DECEMBER 13, 2006.

24 MS. GATELLI: Are there any

25 comments? If not, received and filed.
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4


1 MS. GARVEY: 3-C, ACCEPTING A

2 DONATION RECEIVED FROM THE CHRISTIAN SCIENCE

3 SOCIETY OF LACKAWANNA COUNTY TO THE CITY OF

4 SCRANTON FIRE DEPARTMENT IN THE AMOUNT OF

5 $100.00 TO BE DEPOSITED TO SPECIAL CITY

6 ACCOUNT #02.229544 (FIRE DEPARTMENT

7 DONATIONS.)

8 MS. GATELLI: Are there any

9 comments? If not, received and filed.

10 MS. GARVEY: 3-D, APPLICATIONS AND

11 DECISIONS RENDERED BY THE ZONING HEARING

12 BOARD MEETING HELD ON DECEMBER 13, 2006.

13 MS. GATELLI: Are there any

14 comments? If not, received and filed.

15 MS. GARVEY: 3-E, CONTROLLER'S

16 REPORT FOR THE MONTH ENDING NOVEMBER 30,

17 2006.

18 MS. GATELLI: Are there any

19 comments? If not, received and filed.

20 MS. GARVEY: 3-F, MINUTES OF THE

21 NON-UNIFORM PENSION BOARD MEETING HELD ON

22 NOVEMBER 15, 2006.

23 MS. GATELLI: Are there any

24 comments? If not, received and filed.

25 MS. GARVEY: 3-G, AGENDA FOR THE
.

5


1 NON-UNIFORM MUNICIPAL PENSION BOARD MEETING

2 HELD ON NOVEMBER 15, 2006.

3 MS. GATELLI: Are there any

4 comments? If not, received and filed.

5 MS. GARVEY: 3-H, MINUTES OF THE

6 FIREMEN'S PENSION COMMISSION MEETING HELD ON

7 NOVEMBER 15, 2006.

8 MS. GATELLI: Are there any

9 comments? If not, received an filed.

10 MS. GARVEY: 3-I, MINUTES OF THE

11 SCRANTON POLICE PENSION COMMISSION MEETING

12 HELD ON NOVEMBER 15, 2006.

13 MS. GATELLI: Are there any

14 comments? If not, received and filed.

15 MS. GARVEY: 3-J, AGENDA FOR THE

16 ZONING HEARING BOARD MEETING TO BE HELD ON

17 JANUARY 10, 2007.

18 MS. GATELLI: Are there any

19 comments? If not, received and filed.

20 MS. GARVEY: That's all I have.

21 MS. GATELLI: Before we start the

22 meeting, I just have a few items to discuss.

23 First of all, I'd like to wish everyone a

24 very happy, healthy and prosperous new year.

25 I received a phone call last evening
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6


1 from a George Gulla, and he reminded me that

2 on Sunday, January 7, it is Christmas for

3 all of the eastern orthodox faith according

4 to the Julian calendar, so Council would

5 like to offer our Merry Christmas

6 congratulations to all of those of that

7 particular faith.

8 I'd like to also congratulate the

9 new state representatives, Ken Smith and

10 Frank Shimkus. I had the pleasure of being

11 invited to Mr. Smith's swearing in in

12 Harrisburg. It certainly was a wonderful,

13 wonderful experience, and I know that he's

14 going to do a good job.

15 Also today Senator Bob Casey was

16 sworn in in the City of Washington, so we

17 have our hometown boy, who I'm sure is going

18 to help us along the way. So,

19 congratulations to all three of those

20 candidates, and we hope that they have a

21 successful tenure. And if there's any way

22 we can help them or they can help us. They

23 have offered their assistance in any way.

24 The Miners football team will be

25 making an announcement on January 10 at
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1 three o'clock at the Uno Fitness. And

2 they're a minor league football team located

3 in Lackawanna County.

4 In attendance will be Donny Jackson

5 Bay. He's a minor league football legend

6 and he plans to carry the ball in 2007 for

7 The Miners. So, that's on January the 10th.

8 I also got a notice from -- E-mail

9 when there was a fire on the 15th of

10 December, and one of our city employees,

11 Gary Frances, helped to pull the people out

12 of the burning trailer.

13 So, I think that it would, even

14 though it wasn't in Scranton, I think that

15 maybe Council should recognize Mr. Frances

16 with a proclamation. So, Kay, you can

17 arrange that.

18 Also, I received a letter from a

19 woman up on West Market Street, and I'm

20 going to give it to Kay to send to Mr.

21 Parker. She was having a problem in the

22 back. People have encroached on a city

23 property on the court, and we haven't been

24 very successful. So, I'm going to ask Kay

25 to write a letter on this woman's behalf.
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8


1 I'll pass this to Council so they can see

2 what it is.

3 Also, if you can ask Mr. Parker to

4 send us a letter of items that are picked up

5 with the regular garbage every week, items

6 that they do pick up, because people over

7 the holiday had some problems getting

8 couches and things picked up.

9 When they called they said, yes, we

10 will pick up one large item a week, but then

11 they never picked it up for three weeks.

12 So, if you can ask Mr. Parker to give us a

13 list of items that will be picked up on a

14 regular basis and then maybe we can have The

15 Scranton Times put it in the newspaper.

16 Also, the Christmas trees will be

17 picked up, and that schedule is going to be

18 in later in the week.

19 Also, just one more thing, I got a

20 request from a senior citizen that spoke to

21 Comcast, the new Adelphia provider, and they

22 said that if Council requested that there be

23 a senior citizen discount, that they will

24 look into.

25 So, I don't know if that's true, but
.

9


1 we'll certainly send a letter on behalf of

2 City Council. I won't make a motion. We'll

3 just all send it for City Council. No one

4 is, I don't think, will object to that, and

5 see if they're telling the truth.

6 That's what they told the woman, so

7 I told her that we will try to get a

8 discount for the senior citizens. I'd like

9 a discount for everybody, to tell you the

10 truth. And that's all I have. Does anyone

11 else have anything they'd like to say at

12 this time?

13 MS. EVANS: Mrs. Gatelli, do we need

14 a motion to send the official letter to

15 Channel 61 about the rearrangement of their

16 equipment or can we just send the letter?

17 MS. GATELLI: I think we will just

18 send it. Mrs. Garvey will just send it.

19 MS. EVANS: Okay.

20 MS. GATELLI: We were all in

21 agreement. In our caucus, what Mrs. Evans

22 is talking about, is Channel 61 cannot stay

23 in that room in the back because they're

24 going to be putting the new vents in there

25 for the air conditioning and the heating,
.

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1 and Council has agreed to allow them to use

2 a portion of the balcony to set up whatever

3 they need to film the Council meetings and

4 the taxpayers meetings and whatever other

5 meetings occur in this chambers. So, we are

6 sending a letter to that effect, just so

7 you're aware. Okay. The first speaker is

8 Douglas Miller.

9 MR. MILLER: Good evening, Council.

10 Doug Miller. Last Thursday the Junior

11 Council, along with Mr. Bob Bolus and Mr.

12 Lee Morgan presented a check for our share

13 of the proceeds with totalled $640 that we

14 raised at our breakfast with Santa held at

15 Scooter's Hot Dawg Hut on December 2.

16 We all came as a body in support of

17 Channel 61. Some of us even worked the

18 phone banks. We understand the importance

19 of keeping our channel of communication

20 running, and we as a community need to come

21 together and reach out to Channel 61 and

22 support them.

23 My question to this Council tonight

24 is that I understand the administration is

25 putting Channel 61 out of city hall because
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1 of renovations in the back room and in the

2 governor's room, but I believe a year or so

3 ago those two rooms were renovated.

4 And just my question would be, is

5 Council going to permit this to happen? And

6 I can see it is, from what I heard just now,

7 that you will be sending a letter telling

8 them they have to leave the room.

9 I just hope this isn't the

10 administration trying to stifle the

11 information to the people that we receive

12 through Channel 61.

13 This past week I came across an

14 editorial in The Times entitled, Fun Channel

15 61, and it goes on to say that groups of

16 people have hijacked the station for self

17 fame and they operate on a political agenda.

18 My response to this is that if it

19 weren't for Channel 61, nobody would be

20 truly informed on what is going on in this

21 city.

22 And we, as citizens, have the right

23 to come to this podium and express our

24 thought on issues.

25 And at times, some people might not
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1 want to hear what you have to say, but

2 that's what makes this country so wonderful

3 is that we can come up here and say what we

4 feel is on our minds.

5 It also goes on to encourage

6 agencies, business, et cetera, to make a

7 contribution towards Channel 61.

8 My question to that would be, Has

9 the Lynett or Haggerty family made any

10 contribution to Channel 61? Maybe somebody

11 on Council can get an answer for me. I'd be

12 very interested to know that.

13 Moving on, on December 25, the 11th

14 annual Bob Bolus, Sr. Christmas Day dinner

15 took place at St. Lucy's Church in West

16 Side. Many people, including myself, were

17 there serving people, and it was great to

18 see all the smiles on people's faces and to

19 know that they had a place to go for

20 Christmas.

21 Mr. Bolus asked me to personally

22 thank Mrs. Gatelli, Mr. Courtright and Mrs.

23 Novembrino and all those who volunteered,

24 but more importantly those who shared in the

25 festivities.
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1 It was a great success that served

2 over 2,000 people. That counts over 800

3 take-out dinners that were distributed.

4 And after that, there was no point

5 in counting any more. So, again, thank you.

6 Lastly tonight regarding the smoking

7 ban, I would like to comment on this issue

8 briefly.

9 Again, as I have stated in the past,

10 I strongly support this ban because of the

11 serious health issues, and I understand that

12 many people against the ban have a difficult

13 time understanding that.

14 This past week an article in The

15 Times stated that business owners will not

16 enforce the ban. It should be adhered to

17 because the law is the law, and according to

18 what I've learned from my teachers, if you

19 disobey the law, you are penalized.

20 And I'd like to ask this Council

21 tonight to consider making a motion to send

22 a letter to Governor Rendell and all the

23 newly elected state representatives asking

24 them to consider a statewide ban. I think

25 it's time we take this to the next level, so
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1 I would hope you would please consider that.

2 You know, about 24 percent of

3 Pennsylvanians smoke and they have no right

4 to put the 76 percent of non-smokers' health

5 at risk. Thank you.

6 MS. GATELLI: Thank you. Bill

7 Jackowitz.

8 MR. JACKOWITZ: Bill Jackowitz,

9 South Scranton resident, taxpayer, retired

10 United States Air Force.

11 I would like to welcome everyone

12 back for the 2007 version of Scranton city

13 government at work. The ACLU of

14 Pennsylvania's mission is to protect the

15 Bill of Rights.

16 According to Mary Catherine Roper,

17 staff attorney for the American Civil

18 Liberties Union of Pennsylvania, the mission

19 of her organization is to assure that the

20 Bill of Rights and The Constitution of The

21 United States reserve for the working people

22 of the nation.

23 During an interview she said the

24 ACLU was founded to protect the average

25 American citizens from government officials
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1 responding to reactionary groups that wanted

2 to set limits on the Bill of Rights.

3 Speaking for myself, my experience

4 in life has always shown that if you have a

5 question, you ask that question.

6 My parents, teachers, coaches and

7 supervisors have always told me, If you do

8 not know something or do not understand, ask

9 somebody. On several occasions I have not

10 followed that advice and ended up making a

11 mistake.

12 During my education process and

13 training for different positions in the

14 workforce, I was encouraged to ask questions

15 in order to seek knowledge and understanding

16 of the process.

17 I have been told on several

18 occasions, The only dumb question is the one

19 you do not ask. Only stupid people do not

20 ask questions.

21 Then I relocate back to Scranton,

22 Pennsylvania and become involved in local

23 city government by participating as a

24 citizen and a speaker at City Council

25 meetings.
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1 In the past year and a half, I

2 personally have used 80 hours of my vacation

3 time to address City Council and Mayor

4 Doherty with my concerns.

5 Mayor Doherty was nice enough to

6 grant me a 30-minute meeting November 2005.

7 I asked ten questions, received one answer.

8 I have stood at this podium many a

9 night and have asked what I feel are

10 pertinent questions pertaining to Scranton

11 city government.

12 For the most part I have been

13 ignored, laughed at by certain Council

14 members, heard sarcastic and rude comments

15 mumbled by certain Council members after

16 leaving the podium. The tapes of the

17 meetings bear witness to that.

18 So I ask myself this question, What

19 does a person do? My answer, Continue to

20 speak at Council meetings ask questions.

21 My belief is that will be the only

22 way that I can have a better understanding

23 of the working of Scranton city government.

24 The answer I do not know is not an

25 acceptable answer. Let the citizens have
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1 their say as long as it's on city business,

2 bob McGoff, 17 December '06. I agree with

3 you, Bob.

4 Speaking from myself, I spent

5 20 years of my life in the United States Air

6 Force so that I and every American citizen

7 can have their say about whatever they want

8 to say, especially when the citizens are the

9 people paying the salaries and the bills.

10 If I am going to be denied my right

11 as an American citizen to challenge my

12 elected and appointed officials, leaders,

13 then do not ask me to pay your salaries and

14 perks. No one can have it both ways.

15 Voting your conscience. I say, vote

16 what is good for the city, not your

17 conscience.

18 In the immoral words of Paul Revere,

19 The British are coming, Rodney King, Why

20 can't we all just get along, Sergeant

21 Schultz, I know nothing, nothing, nothing,

22 and James Carvelle, It's the economy,

23 stupid.

24 Vote for the people, not your

25 conscience. Your wallet may be larger than
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1 mine.

2 Thank you founding fathers of the

3 United States for allowing me to speak

4 tonight and every day and every night.

5 2007, the year of the people of Scranton.

6 Thank you.

7 MS. GATELLI: Andy Sbaraglia.

8 MR. SBARAGLIA: Andy Sbaraglia,

9 citizen of Scranton. Fellow Scrantonians, a

10 few words on the downgrading of the city

11 finances.

12 Wall Street has downgraded this city

13 to BB status, which is junk on the verge of

14 collapse.

15 And they did that with -- the paper

16 printed it, of course, right after you voted

17 for the mayor's budget.

18 But the main thing is, certain

19 people are responsible for the finances of

20 the city, they are the mayor, the business

21 manager, and Council.

22 All of you have a share in the

23 demise of the city financing. There's no

24 way out of it.

25 Your votes have pushed the city
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1 deeper and deeper into final abyss, and

2 there's no way out. There really isn't.

3 Even Wall Street now figures we're going to

4 default. That's how bad it is.

5 You had an opportunity before you

6 voted on the mayor's budget to actually go

7 through everything in that budget and throw

8 out what you couldn't throw out.

9 That was your requirement. You

10 didn't do it, and because of what you did,

11 our bond rating was dropped, whether it was

12 done before, after or in between, but

13 apparently they mustn't know what was going

14 to happen, because they were ready to throw

15 it -- lower our bond rating.

16 We got money that's invested, like

17 they said, non-rated bonds. Nobody is --

18 comes up here and asks how much money are we

19 paying for the Casey Garage. That money

20 comes out of, you know, out of the money

21 that was allocated for the parking fees.

22 Mr. Courtright, you remember that

23 deal way back when when we mortgaged our

24 parking. They quoted that.

25 They quoted, also, the unrated bonds
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1 we used for the DPW site going back and

2 forth, back and forth, back and forth.

3 These are the reasons our bonds are

4 lower. Now you put a burden upon the city

5 if we have to borrow money. We now have to

6 borrow at a greater amount or pay for some

7 type of a guarantee, like we did when we

8 borrowed the $72.

9 That AAA we got wasn't -- the city

10 wasn't AAA at that time either, but because

11 we were willing to pay a million for the

12 bonds guarantee, they were willing to do it.

13 Now, if we should ever default on

14 any of them loans, of course, we would

15 really, really be in trouble.

16 But that's the same, and you -- I

17 mean, there's nothing you can do about it.

18 This year is down the tubes, all of '07.

19 What you may do in '08, he wants, of

20 course, to add more taxes onto the people of

21 Scranton, which he probably will get, too,

22 because I don't see any reason why if it

23 went through this time, it shouldn't go

24 through next time.

25 But it's sad, it's real sad, and you
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1 let the city fall into such financial abyss.

2 Now, a word on the pension. I'm not

3 going to bring up -- the courts have decided

4 that, of course, Mr. Pocius and Mr. Hazzouri

5 is entitled to a pension, even though none

6 of you are entitled to a pension, because

7 they upheld the city charter saying they

8 weren't entitled to a pension.

9 But because some quirk or collusion

10 or whatever it was that allowed them to get

11 onto that, somebody is at fault and somebody

12 should be brought up to task.

13 There's no reason these men should

14 have gotten a pension, and the only reason

15 they got it is because certain people wanted

16 them to get a pension.

17 That brings up the voting. When a

18 person that wasn't entitled to a pension

19 gets a pension, then it brings up a motive.

20 Why should they get a pension when

21 none of you are required to get a pension?

22 But there was a motive.

23 It just so happens I have that

24 ordinance that they signed in 1999, where

25 there was supposedly after ten years to get
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1 certified, but, of course, you know the Home

2 Rule Charter goes in front of that.

3 But somebody should be held

4 responsible. We should look into it and

5 find out how these men were certified to get

6 a pension, and them were the people that

7 should be held accountable.

8 If there was any -- anything that

9 was done that was not above board, then they

10 should be held, they should either ask to

11 resign --

12 MR. MINORA: That's five minutes.

13 MR. SBARAGLIA: -- or be brought up

14 on charges. Thank you.

15 MS. GATELLI: Thank you. Ozzie

16 Quinn.

17 MR. QUINN: Good evening. My name

18 is Robert Ozzie Quinn. I'm the President of

19 The Scranton-Lackawanna County Taxpayers and

20 Citizens Association, Incorporated.

21 I'm a former, whether you know it or

22 not, athlete, not to be arrogant, but

23 lettered baseball and basketball at the

24 University of Scranton, and after I finished

25 baseball, after a certain time, you go into
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1 softball, and you get a lot of camaraderie

2 amongst your fellow people throughout the

3 area, okay?

4 I still meet people on the streets.

5 Bob would know that. Bob participated that

6 and was a very good athlete at South

7 Catholic High School and progressed through

8 The University.

9 And why I'm here tonight is the fact

10 because I'm very concerned about now that

11 the sale of the South Side Complex has been

12 -- gone through.

13 I'm concerned about the fact that

14 there are no more softball fields or

15 baseball fields in the City of Scranton, and

16 that leads me to the point where last month

17 you past a budget, and in that budget you

18 gave $1.5 million from the sale of the

19 Scranton Municipal Golf Course, the former

20 Scranton Municipal, to offset an increase in

21 recording of deeds in the county, okay,

22 which is very commending of you, because

23 that way I think it's going to keep people

24 from not buying Scranton for buying in

25 Scranton or not buying in Scranton.
.

24


1 However, I researched the deed, and

2 in the deed it only mentioned the fact that

3 it was sold to a firm from Pottsville, and

4 also it noted that the Council -- the then

5 former Council of 2002 past the final

6 ordinance on November 11, 2002.

7 And I went to -- proceeded to the

8 City Clerk's office to find out if I could

9 look at that ordinance because of the fact

10 it was not recorded in the Recorder of Deeds

11 office.

12 There was only one person at the

13 office at that time because of the fact of

14 the holidays, which is understandable;

15 however, that person could not find the

16 ordinance.

17 However, I was told that after the

18 holidays, when you come back -- when they

19 come back to work on Tuesday, I would either

20 get a copy of the ordinance, I would be

21 given a phone call or E-mail it, they would

22 scan it and E-mail it to me. That never

23 happened.

24 On Wednesday, I called again. Never

25 happened, okay? So, here I am. It's
.

25


1 Thursday, all right?

2 Now, I'm looking for the ordinance

3 because of the fact -- I don't want to

4 proceed through the Taxpayers Association

5 under The Right to Know Act or The Freedom

6 of Information Act because it gets you into

7 litigation.

8 I don't think as a taxpayer I should

9 be able to proceed in that way of spending

10 money or you spending our money to fight us,

11 okay?

12 So, I would -- probably

13 inadvertently the person wasn't able to get

14 it to me, okay, I'm not going to accuse the

15 person, okay?

16 So, therefore, I went to archives of

17 the Scranton Times and I came up with the

18 City Council meeting -- the reading -- the

19 article that appeared on November 22, 2002

20 regarding the municipal golf course

21 ordinance being adopted by the City Council

22 at that time.

23 And I want to quote, okay, I'm not

24 going to use the person's name, as far as --

25 Although some residents spoke against the
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26


1 golf course, Councilman said, It seems the

2 perfect time to sell the course. I think

3 there should be some big competition from

4 the new golf course planned in Dickson City.

5 That never happened.

6 The money we get will be put

7 directly in city parks, directly in city

8 parks. I don't see the downside of this,

9 okay?

10 So, that led me to believe there

11 must be an -- in the ordinance there must be

12 something indicating from this article that

13 that money that you used for the $1.5

14 million, probably inadvertently was used to

15 fill the gap in the mayor's budget for the

16 recording of the deeds.

17 And I would ask you, Madame Gatelli,

18 President Gatelli, if you would have

19 Attorney Minora look at that ordinance,

20 okay, and see if there's anything that

21 prohibits the use of that money into other

22 than recreation.

23 We haven't any ball fields now. The

24 mayor's promised ball fields, and I have no,

25 as I said, being a former ball player, I
.

27


1 know just how important it is when you're a

2 certain age to get out there and play ball

3 amongst -- competitively, okay? And I'm not

4 accusing anybody of --

5 MR. MINORA: Five minutes.

6 MR. QUINN: Madame Gatelli, if I

7 may, one more minute, please, if I could, I

8 want to finish something.

9 MS. GATELLI: Ozzie, I'm going to

10 say no, because I've gotten complaints from

11 the people that do sit down after five

12 minutes, that I let others go.

13 MR. QUINN: Okay.

14 MS. GATELLI: So, you can call with

15 your other questions.

16 MR. QUINN: Okay.

17 MS. GATELLI: And I will have

18 Attorney Minora investigate that ordinance.

19 MS. GARVEY: Mrs. Gatelli, if I

20 could just for one minute just to direct to

21 Mr. Quinn, I know that Neil did bring to my

22 attention that Ozzie was looking for certain

23 information and Neil has been working on

24 that.

25 And he wasn't here in work today and
.

28


1 is not here tonight, and I know on his desk

2 there were several ordinances that he must

3 have been looking up to try to give to Mr.

4 Quinn. So, exactly how far he's gotten on

5 that, I don't know, but he is researching

6 that for him.

7 MS. GATELLI: Okay. Tell him thank

8 you. And if you find a copy, give it to

9 Attorney Minora also.

10 MS. GARVEY: Okay.

11 MS. GATELLI: Mr. Spindler.

12 MR. SPINDLER: Good evening,

13 Council, Les Spindler, city resident. I

14 want to wish everyone on Council a Happy New

15 Year.

16 Now, Mrs. Gatelli, you're going to

17 treat all speakers equally this year,

18 because I was appalled at the last meeting

19 before you went on break that you had Mrs.

20 Franus taken out of here by the policemen,

21 and yet other speakers could come up here

22 and say whatever they want and nothing is

23 done.

24 For example, a few meetings before

25 you took a break, a person was up here and
.

29


1 made a blatant ethnic comment and nothing

2 was said to that person.

3 At the last meeting there was

4 another speaker, I won't mention their name,

5 but they were totally out of control and

6 they went as far as saying a curse, which I

7 heard on TV, I couldn't make the meeting,

8 and nothing else was said there. So, I hope

9 everybody's treated equally as speakers this

10 year, because it seems like some people are

11 treated more fairly than others.

12 Next thing, now, Mrs. Gatelli, can I

13 ask Mrs. Fanucci a question? It's about

14 PEL.

15 MS. GATELLI: Yes.

16 MR. SPINDLER: Okay. Mrs. Fanucci,

17 under Mayor Connors, PEL would not let the

18 mayor have a public safety director.

19 Now, since 2002, Mr. Doherty has a

20 public safety director, a secretary, and now

21 we have an assistant public safety director.

22 How do you explain that when Mayor Connors

23 could not have one?

24 MS. NEALON FANUCCI: I can't speak

25 for PEL.
.

30


1 MR. SPINDLER: Don't you work with

2 them?

3 MS. NEALON FANUCCI: No, I don't

4 work with them. I sit in on sessions that

5 have to do with the city, not their

6 administrative policies.

7 Like, I can't comment on what -- why

8 they decided what was good or not good, I

9 really can't.

10 MR. SPINDLER: Would you be able to

11 find that answer out?

12 MS. NEALON FANUCCI: I can ask them.

13 Yeah, I can definitely put that in a letter

14 and see what they come up with, if you'd

15 like me to do that.

16 MR. SPINDLER: Okay. Thank you.

17 Okay. A few weeks ago on the news I saw

18 where Stefan Marberry of the New York Knicks

19 and Steve & Barry's contributed sneakers to

20 the West Side Intermediate Boys Basketball

21 Team, and Mayor Doherty went on to say that

22 if the team wins 60 percent of their games,

23 he'll give $100,000 to fix their gym floor.

24 Well, first of all, I think that's

25 outrageous to put pressure on pre-teenage
.

31


1 kids to win 60 percent of their games, and

2 where is that $100,000 coming from?

3 I think that should be a school

4 board issue, not a city issue. The school

5 board should be fixing the gym, not the

6 city. That's all I have to say on that

7 subject.

8 MS. NEALON FANUCCI: Mr. Spindler, I

9 could actually address that for you, if

10 you'd like me to. I -- myself --

11 MR. SPINDLER: Could you say it

12 after I'm done because I want my time.

13 MS. NEALON FANUCCI: Oh, absolutely.

14 MR. SPINDLER: Next thing, last week

15 in the paper, also, as Doug mentioned, I saw

16 about the smoking ban, that all bar owners

17 aren't going to enforce it. I think that's

18 outrageous that you made a law like that to

19 make the bar owners not responsible.

20 So I don't miss anything, I just

21 want to read a letter to the editor that was

22 in the paper the other day in case everybody

23 didn't hear it.

24 I read in the paper that bar owners

25 are not responsible for enforcing the
.

32


1 smoking ban. It is the person smoking who

2 gets fined, not the bar owner. Once again,

3 Scranton City Council dropped the ball.

4 How can they make a law to ban

5 smoking and not make the owner take

6 responsibility?

7 All this is going to do is cause

8 more problems for the Scranton Police

9 Department. They're going to be more bar

10 fights than ever.

11 All t hat has to happen is for a

12 non-smoker to ask a smoker next to them not

13 to smoke, and more often than not, it's

14 going to end up in a fight.

15 Public Safety Director Ray Hayes

16 said we have law abiding citizens. Well,

17 I'm a law abiding citizen, but if I wasn't

18 told not to smoke in a bar, I would keep

19 smoking. City Council has to amend this

20 law, because as it stands now, it is

21 useless.

22 I have a question about that. Who

23 will enforce this law if the bar owner turns

24 his head? Because some bar owners have gone

25 public and said they're just going to turn
.

33


1 their heads if people were smoking. So,

2 what is the use of this law, Mrs. Gatelli?

3 MS. GATELLI: Would you like someone

4 to answer?

5 MR. SPINDLER: Yes.

6 MS. GATELLI: Are you done speaking

7 so we're not taking up your time?

8 MR. SPINDLER: Yes, I just asked,

9 yes.

10 MS. GATELLI: Attorney Minora, I

11 think you can address some of these

12 questions.

13 MR. MINORA: The law was drafted to

14 be broadly enforced by a number of different

15 city departments, including the police,

16 health department, a building inspector,

17 license -- I don't recall all the language,

18 but it was broadly drafted with all of that

19 in mind.

20 Obviously all it would take would be

21 a call to the police department, if someone

22 found someone else smoking in a bar.

23 It was not at the time drafted to

24 put the owness on the bar owners in the

25 hopes that it would be abided by by law
.

34


1 abiding citizens.

2 I don't know your person you're

3 quoting from who said he would continue to

4 smoke and call himself a law abiding

5 citizen. It seems to me to be a

6 contradiction in terms. You either abide it

7 or you don't, and that gentleman doesn't, so

8 I don't think he can call himself a law

9 abiding citizen.

10 Hopefully most people, I believe,

11 will do that. Those that don't will be

12 cited by whatever department or policeman is

13 called or see him doing this.

14 And if necessary, it's only a minor

15 amendment to put the owness on the bar

16 owners themselves should they fail to ask

17 their patrons not to smoke or should they

18 tolerate their patrons smoking.

19 Hopefully we wouldn't have to do

20 that and place it on them, but if need be,

21 it's not a very difficult amendment to do.

22 MR. SPINDLER: I think it should be

23 done. I'm not going to mention a name, but

24 I was in a local sports bar the other night,

25 I know the owner of that bar said he's going
.

35


1 to turn his head when he sees people

2 smoking.

3 MR. MINORA: Well, if he does and

4 people come in here and complain about it,

5 then it will be amended and then it will be

6 on him.

7 And that's the consequences of his

8 failure to ask his patrons to do what

9 they're supposed to do. It's very simple.

10 MR. SPINDLER: Well, if people are

11 smoking there and nobody says anything about

12 it, what's to stop them from doing it?

13 MR. MINORA: The non-smokers, we

14 feel, will say something about it. If

15 you're asking me will somebody hold a

16 smoking speakeasy like they did with beer

17 halls in the twenties? They'll just get

18 busted their own way.

19 MR. SPINDLER: All right. I think

20 it's going to cause a lot of problems,

21 because I know --

22 MR. MINORA: Well, it will cause

23 less problems than lung cancer, I'll tell

24 you that.

25 MR. SPINDLER: I understand. I'm
.

36


1 all for the ban, but I know somebody has a

2 few drinks in them and somebody tells them

3 to smoke, I've seen it. It's going to cause

4 fights.

5 MS. NEALON FANUCCI: Mr. Spindler,

6 this is the same legislation that is in

7 Philadelphia, and for some reason, people in

8 Philly seem to have no problem complying

9 with it.

10 MR. SPINDLER: Unless I read wrong

11 in The Scranton Times, it says that

12 Philadelphia has the bar owners responsible.

13 MS. NEALON FANUCCI: No. The bar

14 owners were not responsible unless they have

15 cited -- unless they had cited a certain

16 amount of members in the bar first.

17 MR. SPINDLER: The Scranton Times

18 said last week in Philadelphia the bar

19 owners are responsible.

20 MR. MINORA: This is way beyond five

21 minutes now.

22 MS. NEALON FANUCCI: Okay. Sorry.

23 MR. SPINDLER: Okay. Thank you.

24 MS. GATELLI: Thank you. Rosemary

25 Gallagher.
.

37


1 MS. GALLAGHER: Good evening and

2 Happy New Year. My name is Rosemary

3 Gallagher. I'm a city resident and I'm a

4 taxpayer.

5 I came tonight to tell you about

6 something that Governor Rendell is about to

7 do, in fact, he's in the process of doing

8 that I think is going to be very dangerous

9 and very detrimental to the welfare of

10 everybody in the state, and of course we're

11 concerned about the people in Scranton.

12 I'm referring to his intent to lease

13 the Pennsylvania Turnpike to private

14 corporations for public corporations. But

15 at any rate, he's giving over the control of

16 the turnpike to these corporations.

17 He wants to do this through a

18 75-year lease, which I think is outrageous.

19 I'm 75, and I've gone through an awful lot

20 of changes in my life, and I'm sure the

21 corporation who is going to lease the

22 turnpike will do the same thing.

23 I think what is going to happen is

24 that any kind of trade or anything of the

25 sort that needs to use the turnpike will
.

38


1 have to pay additional fees. I'm sure

2 that's the first thing the company is going

3 to do, because they're in business, you

4 know, to make money.

5 And those costs will be passed on to

6 us. We saw this happen in the summer when

7 gas prices went through the roof, and it

8 really was a hardship on so many people.

9 We, the taxpayers, whose money built

10 the turnpike and whose money has maintained

11 the turnpike are the ones who are going to

12 be paying these escalated fees.

13 And you know yourself companies

14 today are merging, they're going into

15 bankruptcy, they have hostile takeovers and

16 so on, and what's going to happen to the

17 agreements that these companies make?

18 I just think this is a very

19 dangerous situation. I see that we're

20 losing more and more of our liberties, we're

21 losing more control over our lives, and, in

22 fact, it's very interesting that some of the

23 companies who responded to the governor's

24 requests to tell him how well they can

25 maintain or run a highway and so on are from
.

39


1 other countries.

2 So, it's inevitable that one of

3 these days they are going to control our

4 highways.

5 We are a very mobile community where

6 our whole society is always on the road, and

7 who controls travel controls. And I don't

8 think we should be controlled by a

9 corporation, at least because some of us

10 remember that we are a democracy and that we

11 have a representative form of government,

12 can at least approach our government and

13 say, you know, you shouldn't be really doing

14 this.

15 And the people do have power. Just

16 today we found out who the 57 new faces are

17 in Harrisburg because the people spoke, and

18 I think that we have to -- and so,

19 therefore, if the government continues to

20 own and run the turnpike, we can at least

21 appeal to them if we have the sense to do

22 that.

23 They will still own it, but it will

24 be run by whoever receives the lease. It's

25 very interesting that the state really
.

40


1 doesn't have any idea of the value of the

2 turnpike, so they've asked different

3 corporations to submit some kind of proposal

4 and say how they plan to run it and say what

5 expertise they have and so on and so forth.

6 But then the governor is going to

7 pick out several of these and use them as

8 consultants.

9 Now, you know how it is with

10 consultants. You can see a couple million

11 dollars going right down the drain right

12 there on the spot.

13 So, I'm asking you if you can do as

14 a body to maybe come up with a resolution

15 asking the governor to put that on hold or

16 just reconsider the whole thing.

17 But since all of you have some

18 following, you all have a high profile in

19 this area, I wish you would take actions as

20 individuals and encourage all your families

21 and friends.

22 I hope the people here will do the

23 same thing, I hope the people watching will

24 do the same thing.

25 But I just see very terrible things
.

41


1 happening. I know that we need money to

2 repair bridges. We're in the situation that

3 we are because the Pennsylvania Turnpike

4 Commission didn't use their heads when they

5 were spending money and didn't put aside

6 money to handle these contingencies.

7 If they would use -- run their

8 budget like we do and pay our bills, our

9 necessary bills and have a couple dollars

10 extra to pay other bills and other monies in

11 addition to handle these things, we wouldn't

12 be in this situation.

13 And I cannot believe that all these

14 bridges have to be taken care of all at

15 once. I'm sure that they are in different,

16 you know, stages of disrepair, and I

17 certainly would not want any kind of -- any

18 person in our Commonwealth or just visiting

19 to be --

20 MR. MINORA: Five minutes.

21 MS. GALLAGHER: -- in danger. But

22 if you would just do that, take action.

23 Tomorrow they'll all be home. Call their

24 offices.

25 And if you wouldn't mind, I just
.

42


1 want to tell you that John Blake, who is a

2 sterling person, is the governor's

3 representative for the northeast section,

4 and his number is 614-2090, 614-2090.

5 MS. GATELLI: Thank you very much.

6 MS. GALLAGHER: So, please tomorrow

7 get on the phone, call your legislators and

8 call John. Thank you so much for the

9 opportunity.

10 MS. GATELLI: Mike Dudek.

11 MR. DUDEK: My name is Mike Dudek,

12 608 Depot Street, Scranton, PA. And I want

13 to wish everybody a Happy New Year to one

14 and all.

15 Two items I want to bring to the

16 attention of City Council, somebody asked me

17 about this, and, Ms. Gatelli, I would like

18 to ask Mr. Courtright a question if it's

19 okay. Thanks.

20 Mr. Courtright, to my knowledge,

21 you're the only member of Council that runs

22 your own business, your karate school, and

23 you have a sign, you know, on your mirror or

24 on your door that advertises your business,

25 correct?
.

43


1 MR. COURTRIGHT: On the building I

2 have a sign.

3 MR. DUDEK: Right. Do you have to

4 pay a fee or a tax to the city for that?

5 MR. COURTRIGHT: I have to pay for a

6 sign permit, yes.

7 MR. DUDEK: Okay. Because I was

8 told that -- and I had no knowledge of that,

9 and I had absolutely no knowledge of it

10 until a friend of mine had told me that who

11 runs a business on Pittston Avenue.

12 I'm wondering if it would be

13 possible either for you or maybe the city

14 solicitor to check and see if The Scranton

15 Times pays a similar fee for the sign they

16 have on the front of its building.

17 The sign is about one foot by

18 20 feet long. It's in gothic lettering and

19 is a part of the architecture of the

20 building.

21 It also advertises the building as a

22 newspaper, so, I think I'd like to know if

23 the big businesses have to pay the same like

24 you little people do. I think it's only

25 fair to inquire just to see if it's done.
.

44


1 And I'd really appreciate it if you could

2 find that out for me.

3 MR. COURTRIGHT: All right. I think

4 they charge by the size. I think that's how

5 I pay.

6 MR. DUDEK: When you look at The

7 Scranton Times, theirs is about 20 feet

8 long. Theirs is feet long. It's built

9 right into the bulling.

10 MR. COURTRIGHT: I'll ask. I'll ask

11 Mr. Fiorini.

12 MR. DUDEK: Okay. That's the first

13 thing I wanted to bring up. And the second

14 thing that I wanted to bring up, as I look

15 at this new budget, I really got infuriated

16 when I looked at it, because if I'm reading

17 this budget correctly, 38 firemen, 38 to 40

18 firemen, are going to lose their jobs

19 because of the cuts that have to be made in

20 the area of safety, and yet these men have

21 the double whammy of having to live in the

22 city and/or own property in the city as a

23 prerequisite for serving as firemen.

24 So, these men who are going to be

25 discharged are going to be really put into
.

45


1 an intolerable situation as a result of this

2 budget.

3 I don't think anybody has ever

4 really looked at it like that, at least

5 until I saw it or until maybe the firemen or

6 the police saw it to say, Wait.

7 I didn't check it out myself to see

8 how far the cops go, but when I started

9 looking at it just from the fire department,

10 I'm looking at maybe 35 to 38 firemen who

11 are going to lose their jobs that require

12 them to live here to begin with, and it puts

13 them, I think, in a horrific situation.

14 Last month when I asked Council if

15 you're going to give the mayor his $10

16 million loan, balance it out by giving these

17 people their contract.

18 Because what you have now is an

19 extreme unfairness. I don't think anybody

20 on Council ever anticipated that kind of

21 unfairness, but it is in there and it's in

22 there in black and white, and I'd like to

23 see something done for these people. Thank

24 you very much.

25 MR. COURTRIGHT: Thank you. Fay
.

46


1 Franus. I'm sorry. I couldn't hear you.

2 You want to wait for Mrs. Gatelli to get

3 back? All right. Lee Morgan.

4 MR. MORGAN: Good evening, Council.

5 I'd like to ask Mr. McGoff a question, if I

6 may.

7 MR. COURTRIGHT: You can ask him.

8 It's up to him whether he answers it or not.

9 MR. MORGAN: Okay. Well, Mr.

10 McGoff, I don't know if you're going to

11 answer this question, but what I'd like to

12 ask is, When you were thinking about the

13 budget, what research did you do before you

14 decided to move $1.5 million from the sale

15 of the golf course into the budget? That's

16 my question?

17 MR. MCGOFF: I don't know that I

18 understand the question.

19 MR. MORGAN: Well, $1.5 million was

20 moved from the sale of the golf course into

21 the budget for the reality transfer tax, and

22 my question is, When you moved that $1.5

23 million and placed it in the budget, what

24 research did you do before you decided to

25 move $1.5 million from the sale of the golf
.

47


1 course into the budget?

2 MR. MCGOFF: What do you mean as

3 research? I'm not --

4 MR. MORGAN: Well, I mean, you came

5 to a conclusion that it was proper to move

6 that money and place it into the budget,

7 would that be a fair assumption at this

8 point?

9 MR. MCGOFF: Yes, because it seemed

10 to be an amount that would allow for the

11 reduction of the realty transfer tax.

12 MR. MORGAN: Were you aware that

13 when the golf course was sold that that

14 money was supposed to be put in trust and

15 only to be used for maintenance of the city

16 parks, were you aware of that before you

17 moved those funds?

18 And I'd like to ask one other

19 question, if I may, and that question is,

20 When you brought the motion forward to do

21 that, who seconded it? Okay. Thank you.

22 So, my point is that you moved $1.5

23 million that was set aside for the city

24 parks illegally, as far as I'm concerned,

25 because when the golf course was sold, that
.

48


1 money was put in trust for the benefit of

2 future generations of Scrantonians.

3 And by squandering that money, and

4 I'm not -- and I'm not trying to browbeat

5 you, I'm just saying it just wasn't legal,

6 it just wasn't proper, and it was definitely

7 wrong.

8 And I really think -- and I do

9 respect you for the seat you hold. When

10 Mrs. Evans had her conference the other day,

11 you were one of the few people who showed up

12 besides Mr. Courtright, and I want to be

13 honest and upfront with you and tell you

14 that I respect you for coming for that, but

15 I do think that when you moved $1.5 million

16 from something that was supposed to be a

17 trust, when we lost the golf course, which

18 was a major asset to the city and a

19 so-called recovery plan by the mayor, what

20 we find is the $1.5 million that has been

21 siphoned off, and I think that you were used

22 as a proxy to bring it to the floor, and

23 then, of course, Mrs. Fanucci, you seconded

24 it.

25 And I just feel that it was all
.

49


1 improper, and I think that you should have

2 did a lot more research before you decided

3 to plug that in, and I think that it would

4 have been more beneficiary for the residents

5 of this city to have made cuts in the budget

6 in order to come up with the $1.5 million,

7 because that money is lost to the city parks

8 forever.

9 And the next time there's a budget,

10 are we going to spend the other $1.5 and be

11 at zero?

12 MS. EVANS: May I respond?

13 MR. MCGOFF: May I respond, since I

14 was the one who was being addressed?

15 MR. COURTRIGHT: Let Mr. McGoff, and

16 then, Mrs. Evans, you're more than welcome.

17 MR. MCGOFFF: Am I not mistaken,

18 I've only been here for a few meetings --

19 MR. MORGAN: Absolutely.

20 MR. MCGOFF: -- but at almost every

21 meeting that I was at, you and others were

22 the ones that were asking where that $3

23 million was and why it wasn't being used,

24 and now when we do make a decision to use

25 it, now you're going to criticize it? I
.

50


1 think that's a bit hypocritical.

2 MR. MORGAN: No, because I never

3 asked anything about the $3 million, because

4 I knew it was improper to spend that money

5 and I knew that it never should have been

6 plugged into the budget.

7 And when Mrs. Evans made the

8 proposal, I stated right here from the

9 podium that I didn't feel those cuts were in

10 the proper places and I didn't agree with

11 her proposal.

12 And if you want to look at what I

13 said here from this podium, then you'll find

14 out that that would be a true reflection of

15 my statements at this point.

16 MR. MINORA: That's five minutes.

17 MR. MORGAN: Thank you.

18 MS. EVANS: May I just inject

19 briefly? Mr. Morgan, I was not seated on

20 Council at the time during which the golf

21 course sold, not was I seated on Council at

22 the time that the vote that Mr. Quinn

23 alluded to earlier was taken; however, it

24 was my understanding, as you stated, that

25 the money was to be placed, the proceeds
.

51


1 from the sale of the municipal golf course,

2 were to be placed in a trust fund. That has

3 never occurred.

4 In 2004, which would have been the

5 year in which I was first seated on city

6 council, I asked the mayor at that time to

7 place that money in a trust.

8 In fact, some of my Council

9 colleagues at the time had wanted to use the

10 golf course money to offset a deficit in the

11 2005 budget, and so at the time I fought

12 that vigorously, because I, like you,

13 believed that the money should be used for

14 the maintenance and conservation of our

15 resources within the city.

16 Now, that never occurred to this

17 day. It was placed rather originally into

18 four CDs in the First National Community

19 Bank of Dunmore where it has remained,

20 never, as I said, to have been placed in

21 trust.

22 Meanwhile, I read in the newspaper

23 that a conservancy has been formed by, I

24 would say, private donors under the

25 direction of the mayor, and the money that
.

52


1 they are contributing and raising is going

2 toward the preservation of the parks.

3 I do not know the amount of money

4 that has been raised to date, nor do I know

5 who the donors are, but I do feel that is an

6 admirable endeavor.

7 But I don't know that it would be

8 correct to say that the use of that money,

9 even though I myself did not vote for that

10 particular amendment, I don't know that it's

11 correct to say that the use of that money

12 would be illegal, because it was never

13 placed in trust.

14 And as I said, many years now have

15 transpired, many opportunities were provided

16 for that to occur, and it never has, which I

17 think sends a different message.

18 MR. MORGAN: Okay. All I'd like to

19 say, I'm going to walk away from this

20 podium, is one simple thing, I think that

21 this Council needs to go look at the minutes

22 of the meetings that were held here with

23 Council and find out what was said about the

24 golf course and where the money was going.

25 And I'm very troubled that the money
.

53


1 was not protected, and I think the residents

2 have been let down, I really do.

3 MR. COURTRIGHT: All right. Mr.

4 Morgan, I'm going to have to ask you in

5 fairness to everybody else to sit down. Is

6 there anybody else who wants to speak? I'm

7 sorry, Mrs. Franus, Mrs. Gatelli isn't back

8 yet. I don't think she's feeling too well.

9 I do not know if she'll be returning or not.

10 I don't know, to be honest with you.

11 MS. SHUMAKER: Good evening. Marie

12 Shumaker. Before I start my comments, I

13 would just like to go back to my comments of

14 your last regular meeting, because I'm

15 troubled by that conservancy.

16 I, too, read in the newspaper that

17 it was a conservancy for the parks.

18 However, if you drive through Nay Aug Park,

19 you will see it is the Nay Aug Conservancy,

20 because there's a sign there thanking

21 Wal-Mart for a contribution to the Nay Aug

22 Conservancy. So, I don't think it's for all

23 parks, I think it's more money for Nay Aug.

24 MS. EVANS: Thank you.

25 MS. SHUMAKER: I will be briefly
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1 tonight, as I want to hear from you.

2 Last year you authorized borrowing

3 an amount roughly equal to one-third of the

4 2007 budget and increased taxes 25 percent.

5 I would like to know what specific

6 actions this Council will take to avoid a

7 repeat of 2006.

8 How are you going to balance the

9 budget, collect monies owed, such as the

10 $600,000 ice box debt, pay outstanding

11 obligations, such as the $5.5 million

12 American Water payment that's due, plus

13 penalties, cut spending and increase

14 revenues, such that the 2008 budget will be

15 balanced?

16 I would also like to know where the

17 new debt is being spent, if any of you have

18 cared to find out that information over the

19 recess.

20 MR. COURTRIGHT: Are you looking for

21 someone to answer you right now?

22 MS. SHUMAKER: Certainly am.

23 MR. COURTRIGHT: I personally did

24 not vote for that budget, so I really can't

25 speak to, you know, for the other people
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1 that did vote for it and where they're going

2 to find the money.

3 I personally agreed with many of the

4 items that Mrs. Evans had put in there that

5 I thought could have saved us some money,

6 not all, but some of them, but that's just

7 me personally.

8 So, we're just going to let --

9 you're content to let 2007 go by without

10 making any provisions so that we don't have

11 a repeat when the budget for 2008 comes --

12 MR. COURTRIGHT: Well, no. I would

13 hope that if I have a say in what happens in

14 the following years, I will do the same

15 research and I will look at it and try to

16 put together a budget with the fellow

17 Council members here like I did this year,

18 but it just so happened I was on the losing

19 side.

20 MS. EVANS: If I might respond, I

21 feel fairly certain that the cuts that I

22 proposed this year will still be in order

23 for the 2008 budget.

24 Furthermore, there may even be

25 additional cuts, because it's more than
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1 possible that as 2007 progresses, we will

2 see more spending or more hiring that really

3 we cannot afford at this financial juncture.

4 So, I may, in fact, be able to add to the

5 reductions that I proposed.

6 In terms of revenue, I'm still very

7 adamant about the amusement tax, about

8 pursuing a hotel tax, about collecting

9 payments in lieu of taxes and about pursuing

10 our $600,000.

11 Now, I'm saying that as only one

12 Council member. I evidently am not a member

13 of the majority voting bloc of this Council,

14 but as a member of a minority, I don't feel

15 that relieves me of any responsibility. I

16 will continue to pursue the same financial

17 avenues that I have for the last three years

18 and do so in the hope that, you know,

19 perhaps the minds of Council members will

20 change.

21 We may see changes in Council, in

22 fact, with an upcoming election, perhaps the

23 mayor may even come to his senses.

24 MS. SHUMAKER: Anybody else have any

25 ideas? You're just content to sit back?
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1 MS. NEALON FANUCCI: No, I don't

2 think I'm content to sit back, in fact, I

3 think that's unfair to say.

4 I think we're all trying to look for

5 increased revenue. We all want to increase

6 revenue. I know myself, I'm going to be

7 going after all the smokers who are going to

8 smoke illegally in our city. $300 buck a

9 pop every time they light. I think that

10 might be great. Could actually increase a

11 lot of revenue that way. So, I myself will

12 be making sure that we enforce that.

13 Hotel tax we've talked about, we've

14 talked about all of this, and we all really

15 believe that this was something we could do.

16 Amusement tax, absolutely, something

17 that we really hope could increase a lot of

18 revenue.

19 I know for the golf course money, I

20 do want to talk about that, that was

21 something that was in Mrs. Evans' budget to

22 use that money, so we did believe that that

23 was a viable solution and we did do that and

24 we did do it so that it would not be placed

25 on the backs of the taxpayers, which was
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1 something that was done in light of saying

2 to someone we don't want to have to raise

3 your taxes, we want to be able to do the

4 right thing.

5 So, we are all willing to do the

6 right thing. Whether or not it is something

7 that you're going to agree is the right

8 thing or not, is -- will be left to be

9 determined. But we are working very hard --

10 MS. SHUMAKER: Mrs. Fanucci, you

11 didn't come up with one spending cut. You

12 can't look at that budget and not come up

13 with one spending cut? I think that's

14 pretty pathetic.

15 MR. MINORA: Five minutes.

16 MR. COURTRIGHT: Mrs. Franus, I'm

17 being told that Mrs. Gatelli isn't feeling

18 well and doesn't know if she will return by

19 the time citizens participation is over.

20 You're welcome.

21 MR. GERVASI: Good evening, City

22 Council. My name is Dave Gervasi. I'm a

23 resident, homeowner and a very proud member

24 of the Scranton Fire Department.

25 My reaction to Mrs. Shumaker's
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1 question is simply this, let's just make

2 this plain and simple, we had two

3 alternatives.

4 Mrs. Evans worked very hard to come

5 up with alternatives to the mayor's budget.

6 Unfortunately, no matter what Mr. Courtright

7 and what Mrs. Evans said, it didn't pass

8 because you need at least four votes to pass

9 that.

10 So, I sat here and saw the other

11 three members of Council say we have to find

12 things, we have to find revenues, we have to

13 find solutions, and I heard that for

14 probably seven meetings in a row.

15 And not to pick on you, Mrs.

16 Fanucci, but you were one that was saying

17 that most of the time.

18 This Council had approximately seven

19 or eight weeks at least when things were

20 being thrown around from the members of the

21 audience and from each other, and everyone

22 basically sat back, let Mrs. Evans do all

23 the work, and only Mr. McGoff and Mr.

24 Courtright, I believe, correct me if I'm

25 wrong, ended up showing up at the meeting to
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1 hear Mrs. Evans' -- her ideas, and a week

2 later everybody sat up there and said, Well,

3 this is a good idea, this is a bad idea, and

4 you changed two things out of all of the

5 things Mrs. Evans made.

6 And the result was the majority of

7 this Council voted for a tax increase that

8 was completely unnecessary, completely

9 unnecessary.

10 As a matter of fact, Mrs. Evans'

11 budget, which I grabbed two days after she

12 presented it and I looked at it, and I

13 compared it to the independent audits, the

14 true factual numbers, not the fantasy

15 numbers that the city has been harping in

16 the newspaper, and the newspaper apparently

17 doesn't investigate what they say, because

18 it was false, three members of this Council

19 voted to raise the people's taxes when it

20 was completely unnecessary.

21 And I heard Mrs. Fanucci and I heard

22 Mrs. Gatelli, and I'm sorry, Mr. McGoff, you

23 weren't here at the time, always state that

24 they don't want to see any cuts in the fire

25 department, you don't want to see any cuts
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1 in the police department, when, in fact,

2 last week you raised the taxes and cut six

3 police jobs and enabled the mayor to stay

4 distressed because of the additional

5 borrowing, and now he's going to go after 38

6 firefighters maybe in the next couple of

7 months.

8 So, we came here, all of the unions,

9 and all of these people who took the time

10 out of their own personal time to study

11 these numbers and to tell you the truth

12 about what was going on.

13 Very few listened on this Council,

14 very few listened on the last Council and

15 the Council before that.

16 We told you what was going to

17 happen, we told you the truth, we told you

18 the factual numbers, and nobody listened.

19 Now we're going to be saddled with a

20 25 percent tax increase, and next year,

21 according to the mayor, there's going to be

22 25 percent more, and after that, there's

23 going to be 25 percent more.

24 And if you add the 25 percent to the

25 25 percents, that's a 93 percent tax
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1 increase over the next three years.

2 So, whatever you pay right now,

3 folks, in your city property tax, double it,

4 almost double it. Now we're going to pay

5 the piper, as everyone has been saying, and

6 it's very unfortunate that this Council

7 didn't get together, for whatever personal

8 or political reasons, now we're holding the

9 bag and now we're going to pay dearly for

10 Mayor Doherty's tax and spend policies.

11 Before they were just frivolous

12 spending policies, now they're tax and spend

13 policies.

14 And I don't know what else to say.

15 We're very, very disappointed that this

16 budget went through. We finally had an

17 opportunity, and I want to thank Mrs. Evans

18 for all the work she did and the other

19 members of Council who supported the things

20 she did, but we did everything we could, and

21 I think some people on this Council did

22 everything they could. Unfortunately that's

23 not the way it happened, and I'm very

24 disappointed. Thank you very much.

25 MS. EVANS: Mr. Gervasi, if I just
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1 may add to what you say, two additional

2 points that disappoint me are that, first of

3 all, it's not only the city's tax increase,

4 it's the school district's tax increase and

5 a county's tax increase, albeit they

6 decreased taxes, what, five percent in the

7 previous year and they're going to give us

8 another five percent this year, but when you

9 subtract that from the 48 percent that we

10 were slapped with, that leaves you with

11 really a 38 percent tax increase. You're

12 still going to pay 38 percent more than you

13 did three years ago.

14 Then you add on city, then you add

15 on the school district, and frankly, I don't

16 know how people are going to live.

17 My second point is this, we are now

18 going to pay more than ever, more than we

19 ever did before, for less services.

20 MR. GERVASI: I believe we said that

21 a few years ago, that the results

22 historically throughout the state with

23 recovery plans and Act 47 is the people end

24 up paying a lot more money for a lot less

25 services, and the politicians continue to
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1 live fat off the hog and do whatever they

2 want to do. They never share the pain, they

3 never take the cuts and they never tighten

4 their belt.

5 MS. EVANS: Well, you know, that,

6 and then I'll cease, that reminds me of a<