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1 SCRANTON CITY COUNCIL MEETING

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5 HELD:

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7 Thursday, July 26, 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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MS. JUDY GATELLI, PRESIDENT
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6 MS. JANET E. EVANS

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MS. SHERRY FANUCCI
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9 MR. ROBERT MCGOFF

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MR. WILLIAM COURTRIGHT
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12 MS. KAY GARVEY, CITY CLERK

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MR. NEIL COOLICAN, ASSISTANT CITY CLERK
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15 MR. AMIL MINORA, SOLICITOR

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1 (Pledge of Allegiance recited and

2 moment of reflection.)

3 MS. GATELLI: Before we do our

4 proclamations, we will have our roll call.

5 MS. GATELLI: 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.

13 MR. COURTRIGHT: Here.

14 MR. COOLICAN: Mrs. Gatelli.

15 MS. GATELLI: Here. Council, please

16 come with me. For those of you who don't

17 know, we are having a special day today in

18 the City of Scranton. We have people with

19 us who we are honoring for saving people

20 from fire. They are very heroic, we are

21 very, very proud of them and had they not

22 have been there a tragedy may have occurred,

23 so we are very proud in our city today to

24 honor these people and I will read the

25 proclamation.
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1

2 WHEREAS, the COUNCIL OF THE CITY OF

3 SCRANTON is desirous of honoring "FIRE

4 FIGHTERS, PAUL SCHIRRA and DAN HALEY AN

5 DEPARTMENT OF PUBLIC WORKS EMPLOYEES KIM

6 KANDEL and GENE REED" for their quick

7 response during a recent fire in the City of

8 Scranton; and WHEREAS, "KIM KANDEL and GENE

9 REED" Traffic Maintenance Personnel, members

10 of Machinist Union Local 2462, on their way

11 to a job in West Scranton noticed the home

12 on Court Street ablaze and stopped to help;

13 and WHEREAS, "MS. KANDEL" at the controls of

14 the departments bucket truck, raised "MR.

15 REED" to the porch roof where he grabbed Ms.

16 Farley, from her burning home, and pulled

17 her to safety; and WHEREAS, "MR. REED" then

18 grabbed a sledgehammer and broke open the

19 front door of the home seconds before fire

20 trucks arrived; and WHEREAS, "MS. KANDEL and

21 MR. REED'S" quick decision to react to the

22 dire situation until emergency personnel

23 arrived, showed much bravery as they took

24 the initiative to maintain a claming force

25 during what otherwise could have been a
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1 catastrophic event; and WHEREAS, "FIRE

2 FIGHTERS PAUL SCHIRRA AND DAN HANLEY"

3 members of International Association of Fire

4 Fighters Local 60, with thermal imaging

5 camera in hand pierced the heavy smoke and

6 flames inside the Court Street home through

7 an active fire in the hallway to find David

8 Bradshaw face down on the floor of his

9 second story bedroom, unconscious; and

10 WHEREAS, "FIRE FIGHTERS SCHIRRA AND HANLEY"

11 carried 11 year old David out of his home to

12 paramedics for immediate medical attention;

13 and WHEREAS, 'FIRE FIGHTERS SCHIRRA AND

14 HANLEY" faced with a very dangerous

15 situation for themselves followed rules of

16 fir fighting which state the first task is

17 to save lives, the second task is to save

18 property; and WHEREAS, "FIRE FIGHTER

19 SCHIRRA'S" face mask flew off during the

20 fire and treated for smoke inhalation.

21 WHEREAS, Scranton City Council is very proud

22 and grateful for "MS. KANDEL, MR. REED, FIRE

23 FIGHTERS DAN SCHIRRA and PAUL HANLEY'S"

24 unselfish act of courage. NOW, THEREFORE,

25 BE IT RESOLVED, that on Thursday, July 26,
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1 2007, Scranton City Council wishes to honor

2 these City of Scranton Employees for their

3 bravery and heroic actions during this life

4 threatening event. BE IT FURTHER RESOLVED,

5 that this Proclamation be made a permanent

6 part of the Minutes of this Council, as

7 lasting tribute to "FIRE FIGHTER DAN HANLEY,

8 FIREFIGHTER PAUL SCHIRRA, MS. KANDEL and MR.

9 REED".

10 Dispense with the readings of the

11 minutes.

12 MR. MINORA: Did we do roll call,

13 already?

14 MS. GATELLI: Yes, we did roll call.

15 MR. MINORA: Reports and

16 Communications 3-A. MINUTES OF THE COMPOSITE

17 PENSION BOARD MEETING HELD ON JUNE 27, 2007.

18 MS. GATELLI: Are there any comments?

19 It not, received and filed.

20 MR. MINORA: 3-B. PETITION FOR A

21 STREET LIGHT AT THE CORNER OF GRAND AVENUE

22 AND ELMHURST BOULEVARD.

23 MS. GATELLI: Are there any comments?

24 If not, received and filed.

25 MR. MINORA: 3-C. MINUTES OF THE
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1 SCRANTON-LACKAWANNA HEALTH & WELFARE

2 AUTHORITY BOARD MEETING HELD ON JUNE 2007.

3 MS. GATELLI: Are there any comments?

4 If not, received and filed.

5 MR. MINORA: 4-A, MOTIONS.

6 MS. GATELLI: I only have one

7 announcement and that is a follow-up to the

8 people that we have just honored. David

9 Bradshaw, there will be a fundraiser for him

10 on August 25 from 12 to 6 at Weston Field.

11 They need a lot of volunteers and anyone who

12 wishes to volunteer can call Judy Lasky at

13 941-9174 or call Kay at the council office

14 or Neil and we'll make sure your name gets

15 handed in as a volunteer, and any funds can

16 be sent to PNC Bank, 1902 N. Main Avenue,

17 18508, in care of David Bradshaw Fund.

18 Mr. Courtright?

19 MR. COURTRIGHT: Yes. I have two

20 announcements, if you don't mind. There is

21 going to be a free swim on July 28 up at Nay

22 Aug from noon until closing any child

23 15 years old or under will be able to swim

24 for free all day. I received this

25 information from Mr. Jackowitz, I'm not
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1 quite sure who is sponsoring it, I'm going

2 to assume it's his group, but, anyway, free

3 swim July 28, Nay Aug from noon until

4 closing. And the second annual Cindy

5 Collins Carney memorial breakfast to benefit

6 ovarian cancer research will be held Monday,

7 September 3, 2007, at 10:00 a.m. at the

8 Radisson, Lackawanna Station Hotel grand

9 ballroom on Lackawanna Avenue. You can make

10 checks payable to ovarian cancer research

11 and on the check write, "In memory and

12 support of Cindy Collins Carney," or the

13 name of the loved one that you would like to

14 put on there. So, again, that's going to be

15 Monday, September 3, 2007, 10 a.m. at the

16 Radisson downtown here and that's all I

17 have. Thank you.

18 MS. GATELLI: Thank you. Anyone

19 else? Mrs. Evans?

20 MS. EVANS: Good afternoon. I, too,

21 ask for your priors for my Sy Duwayi. I had

22 the pleasure of working with him for many

23 years at Scranton High School. Sy is one of

24 the kindest gentleman any one of you could

25 ever enjoy meeting and he was one heck of a
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1 social studies teacher before he retired so,

2 Sy, get well soon. I also ask for your

3 prayers today for Mr. Bill Moran who is

4 hospitalized and quite ill. Billy and his

5 family are very good, kind and hardworking

6 members of our community.

7 I have also brought a small memento

8 of this year's Solemn Novena for St. Ann for

9 my colleague. It's a wristband which was

10 contributed last Saturday during the

11 children's mass. I had also given these

12 bands to junior council as well. Perhaps,

13 you might like to give these to your

14 grandchildren or children. The wristband

15 carries an important message not only for

16 children, but for all people. It is

17 inscribed character, compassion and values.

18 I hope that many of you will try to visit

19 St. Ann's Basilica during your busy life

20 schedule and enjoy the peace and comfort it

21 offers.

22 During the past week, council

23 received a proposal from Expand for the

24 purchase of delinquent taxes. This is the

25 company that asked to be considered for such
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1 a contract in addition to or in competition

2 with Municipal Revenue Sources. I

3 originally requested that council and the

4 mayor consider Expand's proposal in the hope

5 of possibly increasing the sale price. I

6 now request that a public caucus with

7 representatives of Expand is scheduled for

8 the first council meeting in September

9 before any legislation involving either firm

10 is placed on our agenda. Would that be

11 agreeable, Mrs. Gatelli?

12 MS. GATELLI: That would be agreeable

13 with me, sure.

14 MS. EVANS: Thank you. Of late, the

15 University of Scranton made the news

16 regarding building projects. At the same

17 time I received some very interesting

18 information regarding numerous properties

19 owned by the University in 2006. What is

20 most notable and curious about these

21 properties are that the assessment

22 reductions they received which together

23 totaled over $1.7 million is, indeed, a

24 significant figure, however, one property in

25 particular seems to have been originally
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1 assessed at nearly 40 times it's value and

2 was correctly reduced to it's apparent

3 value. Since the University of Scranton is

4 a tax exempt nonprofit institution, why did

5 such drastic assessment reductions occur?

6 Do these reductions perhaps lower the

7 purchase price? Do they alter statistics to

8 make it appear as though far less tax

9 revenue has been lost in Scranton? I do not

10 know, but I would appreciate an explanation.

11 At the same time that the University's

12 property assessments went down their annual

13 revenue tops $120,000,000 and they are

14 endowment fund is listed at $104,000,000.

15 The University is visibly demolishing

16 numerous buildings and is undertaking

17 massive construction projects. Such

18 projects serve as a boom to not only the

19 Hill Section but also the city at large in

20 that they increase property values,

21 encourage further development on Mulberry

22 Street, enhance one of the gateways to the

23 downtown and provide a beneficial economic

24 impact from the increased number of

25 students. That having been said, the
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1 University of Scranton's insatiable appetite

2 for city property must be paid for beyond

3 the annual $11,000 payment in lieu of taxes

4 and the monetary compensation for lost

5 revenue from parking meters and liquid fuels

6 tax. Countless institutions of hire

7 learning which are located within

8 municipalities donate millions of dollars

9 annually to their home cities in order to

10 counter the loss of taxable properties which

11 they have removed from the tax roles. These

12 universities recognize their primary

13 financial responsibilities to their home

14 cities even while providing the same

15 benefits of increased property values,

16 redevelopment, and economic impact as the

17 University at Scranton offers our city.

18 Again, the University's insatiable

19 appetite for city property must be paid for

20 either through significant increases in

21 payments in lieu of taxes or through city

22 imposed fees.

23 While the Scranton Times was

24 diligently helping to sell the University's

25 latest land acquisition deal, it failed to
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1 report the city's latest grievance loss to

2 the International Association of

3 FireFighters Union Local 60 Scranton.

4 According to the Union News, the city is in

5 violation of the contract because of the

6 current level of firefighters. Under the

7 contract the department is required to have

8 150 fire fighters, however, the city

9 currently employs only 144 because the city

10 has not replaced retiring firefighters and

11 one who has resigned.

12 The contract language states that

13 should the city allow the number of

14 firefighters to drop below 150, the city

15 would be assessed a penalty of 1 percent of

16 an entry level firefighter's salary per

17 position below 150. Meanwhile, Mr. Doherty

18 intends to reduce the staff to 112, but has

19 never stated how the department could run

20 with only 112 and what the consequences

21 would be to the people of Scranton.

22 Further, Mr. Doherty threatens to

23 appeal an arbitrator's decision that granted

24 pay increases to the unions after a six-year

25 period of no increases all of the way to the
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1 Supreme Court. Foolishly, this mayor

2 continues to violate contracts and appeal

3 decisions which cost our distressed city

4 untold amounts of money and it's taxpayers

5 painful financial burdens. The Doherty debt

6 continues to climb, unfortunately, and some

7 very important developments that effect all

8 of us can only be read in the Union News.

9 I am very pleased that Diamond

10 Avenue and Foster Street have been taken

11 care of within the last several days and

12 Hollister Avenue as well and that the huge

13 pothole adjacent to the St. Ann's school

14 building was finally repaired. A diligent

15 resident reported having called the DPW and

16 spoken with more than one employee over and

17 over and over again for the last two months

18 about the St. Ann's crater. She was

19 concerned for the safety of senior citizens

20 who would cross the street to attend

21 scheduled dinners at the school building

22 during the Solemn Novena and she was also

23 ashamed of the appearance of that street

24 since thousands of tourists visit the Novena

25 over the ten-day span. I thank you,
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1 Dorothy, for your perseverance in getting

2 this much needed job accomplished.

3 And next I have citizens' requests

4 for the week. I want to thank Mr. Brazil

5 for responding so quickly to the pothole

6 problems at Park Gardens. The city is not

7 responsive for this area, rather it is the

8 Scranton Housing Authority, thus, a letter

9 to the Scranton Housing Authority: Please

10 repair potholes behind unit 17 through 21 at

11 Park Gardens. Residents experience

12 difficulty parking and are damaging their

13 vehicles doing so. I request a written

14 response by August 10, 2007.

15 A letter to Jeff Brazil: Please

16 pave or fill potholes on Parrot Avenue from

17 Sloan Street to St. Ann's Street. Fill

18 three gapping potholes in an alley located

19 halfway down the 500 block of S. Irving

20 Avenue. A letter to Mr. Seitzinger: Please

21 send inspectors to the following locations

22 about which I have received complaints: The

23 corner of Price Street and N. Garfield

24 Avenue neighbors report that the property is

25 overgrown with weeds and hasn't been cleared
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1 in years. 416 Prospect Avenue a pool in the

2 backyard is located inches away from a

3 neighbor's fence, the pool is not filtered

4 and has no ladder, neighbors report that

5 young children jump in from the porch steps.

6 There is also garbage littered along the

7 side of the house and a couch on the porch.

8 706 Prospect Avenue, couches and indoor

9 furniture on the porch. 402 River Street,

10 bushes and lawn are left unit. Residents of

11 the area request the placement of a stop

12 sign anywhere on West Locust Street heading

13 towards South Main Avenue. They report

14 excessive speeding on this street of road.

15 Finally, I'd like to wish all of you a

16 save and happy month of August and we'll see

17 you in September. That's it.

18 MS. FANUCCI: I have two things to

19 address, Daron Northeast is first. It seems

20 to be there is a lot of speculation about

21 Daron Northeast and my relationship to

22 someone there and I had said last week, and

23 I want to make sure I clarify this in every

24 way possible, my cousin -- my second cousin

25 who is once removed is married to the
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1 brother of the man who owns Daron Northeast.

2 I have to say I have never met him, I did

3 lay eyes on him once when I was down on

4 request of the neighbors to come and see

5 what was going on. He did drive by in the

6 car very quickly. Also, as far as the

7 planning commission is concerned, the

8 planning commission actually never had Daron

9 themselves in front of them or the zoning.

10 They were not required to come before zoning

11 or planning because they did not expand the

12 building. The only time the building has

13 been up before the planning commission when

14 I was on the commission was in 2001, that

15 was when the Redevelopment Authority had

16 brought it before us. That is how to

17 approve the sale, so that is the only time

18 there was any involvement with Daron.

19 Also, I wanted to make that clear

20 because there seems to be to be a lot of

21 speculation like for some reason it was a 20

22 year in progress scam or something, I don't

23 know, but I did want to make sure that that

24 was out in public. I also talked to Pizanos

25 on the Pizano property, this is what they
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1 call the gateway into south side, the reason

2 that this has not been developed so far as

3 that he was waiting on a lot of permits

4 after he had received the money, he was

5 waiting n permits. He did receive the

6 permits. Another problem we had discussed

7 last week was the overgrown weeds, well, I

8 find out, see, you never know, everything

9 sounds like it's bad, they are intentional,

10 the overgrown weeds they have been actually

11 been told to keep weeds blowing there

12 because the dust was blowing from the site

13 and Krispe Kreme and other businesses were

14 having problems around the area so he

15 actually did that intentionally to be a good

16 neighbor because there was problems after

17 the demolition of the property had come

18 down, so I did want to clarify that and as

19 far as they can tell that the equipment will

20 be delivered this week to start the

21 progress, which is wonderful because we all

22 were wondering what was going on. We really

23 wanted it to come into be the most beautiful

24 place in south side, but that's all I have.

25 I want everybody to have a wonderful summer.
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1 I do want to make one apology to our

2 police officers that there seem to be some

3 very sad communications lately and I just

4 want to say I certainly do not believe under

5 any circumstances that anyone would

6 intentionally do anything wrong and

7 especially the people who serve us and

8 protect us every single day and I definitely

9 want to make sure that I note that and say

10 thank you for everything you have done for

11 us and, again, when you have people come

12 here like we had today who gave their lives

13 in a way that I can honestly say I never

14 could, I would never be brave enough to run

15 into a building and help someone in that way

16 or give my life to help other people in such

17 a heroic way that this is the backbone of

18 our city and this is the reason that I serve

19 and the reason that I will continue to serve

20 to the best of my ability, and that is all I

21 have. Thank you.

22 MR. MCGOFF: Thank you. A couple of

23 items that have come up in recent weeks and

24 also some things have that have been in the

25 mail. First, I'd like to, again, there has
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1 been a request or there has been talk about

2 money from the golf course recently and I

3 attempted to address this at another

4 meeting, apparently what was said at that

5 meeting was either not heard or

6 unacceptable, but there is nothing in the

7 legislation on the sale of the golf course

8 that dedicates the money that was received

9 to any particular purpose. Whatever was

10 stated it may have been stated by the mayor

11 or someone else that there was some intent

12 for use of that money, but there is nothing

13 that particularly dedicates that $3 million

14 or what's now $1.5 million to any particular

15 purpose and, therefore, the use of it is

16 open and can be used and I know Mrs. Evans

17 brought it up at the last meeting that that

18 money can be used for other things. Now,

19 would it be nice to be used for recreation

20 and things, perhaps. But it is the use of

21 it in last year's budget is not illegal and

22 further use of it in any particular way

23 would not be illegal and I don't know what

24 else we can do to clarify that, but

25 certainly it's not in the legislation that
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1 it's dedicated and, therefore, this talk

2 about, you know, illegal use of the money I

3 think is unfounded.

4 The other issues that has been

5 talked about repeatedly is the idea of

6 delinquent taxes. Just from my own

7 clarification, I asked about tax delinquency

8 and the loss of property by citizens in the

9 City of Scranton. To find out that for at

10 least the past three years there have been

11 no tax liens placed on anyone's property

12 because of delinquent property taxes in the

13 city.

14 Also, there has been no sale, no

15 property sale, conducted by the city since

16 1996, I believe, which means that in essence

17 nobody has lost property because of

18 delinquent property taxes in the City of

19 Scranton, at least in recent years. Will

20 this change? I don't know, but this talk

21 about people, you know, losing their

22 property and losing their homes because of

23 city taxes is, again, unfounded. It simply

24 has not happened. They can't lose their

25 homes through the school district either, so
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1 if people are losing homes or property it is

2 probably through the county assessing and

3 collecting delinquent taxes and conducting

4 tax liens and property sales and not the

5 City of Scranton.

6 I was going to mention also last

7 week there was -- Mrs. Gatelli what her

8 interpretation of free speech was and,

9 again, at the end of the meeting I

10 inadvertently left the microphone on and

11 made some comment about being a failure as a

12 social studies teacher because people

13 obviously didn't understand the idea of free

14 speech. Again, the concept of free speech

15 does not mean that you have -- that anybody

16 has the right to say anything they want.

17 All of the rights that we have been given in

18 the constitution are limited. They have a

19 concomitant responsibility and limitations.

20 We have a right to bear arms, but we can't

21 carry guns wherever we want. We have a

22 right to assemble, but you can't hold a

23 party on my porch unless I give you

24 permission, likewise, freedom of speech is

25 limited. It has limitation and city council
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1 has within it's power the right to limit, to

2 place limitations on speech within it's

3 meetings. Also, the Courts have given broad

4 power to the council president to determine

5 when, in fact, those rules are violated.

6 So, yes, we do have freedom of speech, but

7 it is within limits and it is within the

8 powers of the council to determine those

9 limits and within the power of the president

10 of council as to when those limitations have

11 been violated.

12 With that, I am going to make two

13 motions that we will -- I would ask that we

14 not vote on until after the public comment

15 section of the meeting since they did give

16 the public an opportunity to respond or to

17 comment. First motion, I make a motion to

18 amend the Rules of Council to change the day

19 of our meetings from Thursday at 6:30 to

20 Tuesdays at 6:30 p.m. when we return in

21 September 2007, and to establish our next

22 meeting for Tuesday, September 11, 2007.

23 MS. GATELLI: On the question?

24 MR. MINORA: You need a second,

25 first.
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1 MS. FANUCCI: No, he doesn't want to

2 vote now, okay.

3 MR. MCGOFF: That is seconded, so

4 it's introduced, okay. Also, I make a

5 second motion to amend the Rules of Council

6 to change the public comment portion of the

7 agenda so that Fourth Order will be public

8 comment on agenda items for two minutes, and

9 Eight Order will be comment order on other

10 general city issues for three minutes, this

11 to commence on September 11, 2007.

12 MS. FANUCCI: Second.

13 MR. MCGOFF: Let's vote on the end

14 as well. That way people will have an

15 opportunity to respond, and that is all.

16 Thank you.

17 MS. EVANS: Mrs. Gatelli, before we

18 move on I just wanted to read from

19 Mr. McGoff some justification for his first

20 point regarding the golf course. This was a

21 letter dated November 16, 2006, and actually

22 it was written in response to a question

23 posed by Mr. Courtright, so the letter was

24 addressed to you, Mr. Courtright: "In

25 response to your correspondence dated
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1 November 14, 2006, to business administrator

2 Leonard Krushefski regarding information on

3 the proceeds from the sale of the golf

4 course which was referred to me for

5 response, this is to advise you that on July

6 28, 2006, I opened up a one-year certificate

7 of deposit at First National Community Bank

8 in the amount of $3,832,000.91 at 4.90

9 percent interest. A copy of the CD is

10 enclosed for your references."

11 So, as Mr. McGoff stated, that

12 money has not been placed in a trust and as

13 I indicated last week that money has

14 continuously been placed in CD's and so I

15 would agree with your assessment on that

16 particular matter, Mr. McGoff.

17 Just one more thing I wanted to say

18 though, I'm sure the police department

19 knows, they know me personally and they have

20 known since the first time I ran for office

21 how much I respect them and the work that

22 they do. Now, we also know that police

23 officers must take their orders from their

24 superiors and their superiors take their

25 orders from the mayor, and any officer given
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1 orders must follow those orders regardless

2 of what they are and I know, for example,

3 most police officers don't relish the idea

4 of being assigned to a city council meeting,

5 they much prefer to be out on the street

6 doing the real work, so, thank you.

7 MS. GATELLI: Mr. Courtright?

8 MR. COURTRIGHT: Yes. The first two

9 items I have, this council and the council

10 before I think touched on the first one, you

11 know, if you can guide me in the right

12 direction this week I'll make the call

13 myself, the Tripp Park development since

14 Mr. Parker quit we really don't have anybody

15 with a lot of knowledge to go to, so he did

16 call in or e-mail Kay recently about the

17 punch list and I'll wait for Kay to get back

18 to get that answer, but I'm not quite sure,

19 maybe Leonard Krushefsky, if you can find

20 out and I'll call if that's who I go to

21 about the bond if the developer had a place,

22 is the bond still in place and what the

23 dollar amount and if it's going to be

24 returned to him, but I'll be make the call

25 if you could just find out for me who it is
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1 I need to ask that question for. And one

2 thing we talked about recently, Gordan

3 Avenue, you know, the police were there

4 again this week, and that was 520 and I know

5 we have asked, find out what is going on

6 there.

7 MS. GATELLI: Just to let you know, I

8 talked to Mark and he is waiting for the

9 historic commission to send a report.

10 MR. COURTRIGHT: All right.

11 MS. GATELLI: I just talked to him

12 this week, I'm sorry to interrupt.

13 MR. COURTRIGHT: So if you people on

14 Gordan Avenue can hold on a little longer

15 it's in the works. I got a phone call

16 asking me about the parking meters out in

17 front of the courthouse because there was

18 all horses put up in front of there and the

19 meter heads were taken off and Neil so

20 graciously got this information for me. He

21 talked to Mr. Wintermantle, the Parking

22 Authority is billing the construction

23 company for the meters at $10 a day per

24 meter, and he believes there is 19 meters,

25 so we are being paid for these meters.
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1 One last thing, I've got to see what

2 is the best line of communication when I try

3 to get the answers or answers from the

4 mayor, I haven't been too successful in my

5 almost four years here, but it was in the

6 paper, and I know you are probably sick of

7 me talking about Main Avenue and the project

8 there, but I want to get it done and if it's

9 the mayor that gets it done or somebody I

10 don't care who gets done I just want to see

11 it get down and I know Ozzie said last week

12 that, you know, that was just for the paper

13 and I'm hoping that's not the case, I'm

14 going to try to be optimistic, Oz, so I will

15 either call him if I could or send some kind

16 of communications to him and ask him

17 specifics of where we stand on that project

18 to try and get it done and I hope it wasn't

19 just to make a good newspaper article. I'm

20 going to try to be optimist and say it was

21 it wasn't. I know, Oz, I know, but I have

22 no other choice, so I'm going to call or

23 write a letter or whatever or whatever the

24 easiest route is for me to get answer and

25 when I get an answer I will convey that all
.

29


1 to you, and that's all I have. Thank you.

2 MS. GATELLI: Thank you,

3 Mr. Courtright. Mr. Minora.

4 MR. MINORA: 4-B, no business at this

5 time. 5-A. ORDINANCES - READING BY TITLE.

6 FILE OF COUNCIL NO. 105, 2007 - AN ORDINANCE

7 - ESTABLISHING A REGISTRATION PROGRAM FOR

8 RESIDENTIAL RENTAL PROPERTIES; REQUIRING ALL

9 OWNERS OF RESIDENTIAL RENTAL PROPERTIES TO

10 DESIGNATE AN AGENT FOR SERVICE OF PROCESS;

11 AND PRESCRIBING DUTIES OF OWNERS, AGENTS AND

12 OCCUPANTS; DIRECTING THE DESIGNATION OF

13 AGENTS; ESTABLISHING FEES FOR THE COSTS

14 ASSOCIATED WITH THE REGISTRATION OF RENTAL

15 PROPERTY; AND PRESCRIBING PENALTIES FOR

16 VIOLATIONS.

17 MS. GATELLI: You have heard Reading

18 by Title of Item 5-A, what is your pleasure?

19 MR. COURTRIGHT: I move that Item

20 51-A pass Reading by Title.

21 MR. MCGOFF: Second.

22 MS. GATELLI: On the question? All

23 those in favor?

24 MS. EVANS: Aye.

25 MS. FANUCCI: Aye.
.

30


1 MR. MCGOFF: Aye.

2 MR. COURTRIGHT: Aye.

3 MS. GATELLI: Aye. Opposed? The

4 ayes have it and so moved.

5 MR. MINORA: In order for that to

6 pass before the recess we'd have to suspend

7 your rules and move it into the Sixth Order.

8 MR. COURTRIGHT: I was under the

9 impression after we did all three I was

10 going --

11 MR. MINORA: Move all three, that's

12 fine. 5-B. READING BY TITLE - FILE OF

13 COUNCIL NO. 106, 2007 - AN ORDINANCE -

14 AUTHORIZING THE CONVEYANCE BY SEALED BID OR

15 AUCTION OF ONE PARCEL OF PROPERTY LOCATED IN

16 THE CITY OF SCRANTON AT 1008 FISK STREET,

17 AND RECORDED AT RECORD BOOK RO62, PAGE 3895.

18 MS. GATELLI: You have heard head

19 Reading by Title of Item 5-B, what is your

20 pleasure?

21 MR. COURTRIGHT: I move that Item F-B

22 pass Reading by Title.

23 MR. MCGOFF: Second.

24 MS. GATELLI: On the question? All

25 those in favor?
.

31


1 MS. EVANS: Aye.

2 MS. FANUCCI: Aye.

3 MR. MCGOFF: Aye.

4 MR. COURTRIGHT: Aye.

5 MS. GATELLI: Aye. Opposed? The

6 ayes have it and so moved.

7 MR. MINORA: 5-C. READING BY TITLE -

8 FILE OF COUNCIL NO. 107, 2007 - AN ORDINANCE

9 - AMENDING FILE OF COUNCIL NO. 155 OF 2005,

10 ENTITLED, "AN ORDINANCE AUTHORIZING THE

11 MAYOR AND OTHER APPROPRIATE OFFICIALS OF THE

12 CITY OF SCRANTON TO TAKE AL NECESSARY

13 ACTIONS TO IMPLEMENT THE CONSOLIDATED

14 SUBMISSION FOR COMMUNITY PLANNING AND

15 DEVELOPMENT PROGRAMS (AS AMENDED) TO BE

16 FUNDED UNDER THE COMMUNITY DEVELOPMENT BLOCK

17 GRANT (CDBG) PROGRAM, HOME INVESTMENT

18 PARTNERSHIP (HOME) PROGRAM AND EMERGENCY

19 SHELTER GRANT (ESG) PROGRAM", BY

20 TRANSFERRING $50,0000.00, FROM PROJECT NO.

21 06-33 CONTINGENCY TO PROJECT NO. 06.229.6

22 UNC COMMUNITY SERVICE BUILDING.

23 MS. GATELLI: You have heard Reading

24 by Title of 5-C, what is your pleasure?

25 MR. COURTRIGHT: I move Item 5-C
.

32


1 pass Reading by Title.

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 MR. COURTRIGHT: Aye.

9 MS. GATELLI: Aye. Opposed? The

10 ayes have it and so moved.

11 MR. COURTRIGHT: I'd like to make a

12 motion, but before I make the motion I will

13 say once we vote on the motion if it does

14 pass, we will give you the audience an

15 opportunity to speak on all three of these

16 items. I make a motion to suspend rules to

17 move all of Fifth Order items to Sixth Order

18 to be considered for final passage.

19 MS. FANUCCI: Second.

20 MS. GATELLI: On the question? All

21 in favor?

22 MS. EVANS: Aye.

23 MS. FANUCCI: Aye.

24 MR. MCGOFF: Aye.

25 MR. COURTRIGHT: Aye.
.

33


1 MS. GATELLI: Aye. Opposed? The

2 ayes have it and so moved.

3 MR. COURTRIGHT: And now I'd like to

4 make a motion that we allow the audience to

5 let them speak on all three of these items.

6 MS. GATELLI: Just let them speak, I

7 don't think we need a motion. Does anyone

8 care to speak on any of those three

9 subjects? Anyone care to speak on 5-A, B

10 and C? Come up, Mr. Sbaraglia.

11 MR. SBARAGLIA: Had I known that you

12 were going to do this, I would have brought

13 my copy of it, so I have to speak from

14 memory and not have actual test because I

15 don't know what you are doing there, usually

16 you want something like this to go through

17 reading but apparently you want to push it

18 on, but I did read it, you have it in front

19 of you I suppose, the only important port of

20 was the exemptions and since I don't have my

21 copy I would give up my time if one of yous

22 would read the exemptions of that ordinance.

23 The last part of it all the way to the end

24 on 5-A.

25 MR. COURTRIGHT: 5-A.
.

34


1 MR. SBARAGLIA: Go the last part of

2 it and you will see the exemptions and

3 that's the only part of the whole

4 legislation and they should know that.

5 MS. GATELLI: The following

6 properties would be example, rental units

7 owned by the public authorities,

8 multi-dwelling units.

9 MR. SBARAGLIA: That's all I care

10 that you read it out so the people have a

11 record of it.

12 MS. GATELLI: The following

13 properties would be exempt: Rental units

14 owned by public authorities as defined under

15 the Municipal Authorities Act. Elderly

16 dwelling units where 75 percent or more of

17 the occupants are over age 65.

18 Multi-dwelling units that operate under

19 Internal Revenue Code Section 482 concerning

20 entities that operate with an elderly

21 component. Hotels or dormitories and (e)

22 property in which the owner maintains a

23 bonafide domicile in which there are no more

24 than four rental units. So if the owner

25 lives there and there is to more than four
.

35


1 units they also would be exempt. Is that

2 okay, Mr. Sbaraglia? Anyone else care to

3 speak on any of these three items? Let the

4 record reflect that there is no one else.

5 Mr. Minora.

6 MR. MINORA: SIXTH. FINAL READING

7 OF RESOLUTIONS AND ORDINANCE. 6-A. FOR

8 CONSIDERATION BY THE COMMITTEE ON FINANCE -

9 FOR ADOPTION - FILE OF COUNCIL NO. 103, 2007

10 - AUTHORIZING THE MAYOR AND OTHER

11 APPROPRIATE CITY OFFICIALS TO APPLY FOR AND

12 EXECUTE A GRANT APPLICATION AND IF

13 SUCCESSFUL A GRANT AGREEMENT AND ACCEPT THE

14 FUNDS RELATED THERETO THROUGH THE EDWARD J.

15 BYRNE JUSTICE ASSISTANCE GRANT ("JAG")

16 FORMERLY KNOWN AS THE LOCAL LAW ENFORCEMENT

17 BLOCK GRANT (LLEBG).

18 MS. GATELLI: What is the

19 recommendation of the Chair on Finance?

20 MS. EVANS: As Chair for the

21 Committee on Finance, I recommend final

22 passage of Item 6-A.

23 MR. COURTRIGHT: Second.

24 MS. GATELLI: On the question? Roll

25 call.
.

36


1 MR. COOLICAN: Mrs. Evans.

2 MS. EVANS: Yes.

3 MR. COOLICAN: Ms. Fanucci.

4 MS. FANUCCI: Yes.

5 MR. COOLICAN: Mr. McGoff.

6 MR. MCGOFF: Yes.

7 MR. COOLICAN: Mr. Courtright.

8 MR. COURTRIGHT: Yes.

9 MR. COOLICAN: Mrs. Gatelli.

10 MS. GATELLI: Yes. I hereby declare

11 6-A legally and lawfully adopted.

12 MR. MINORA: 6-B.FILE OF COUNCIL NO.

13 104, 2007 - AN ORDINANCE - DECLARING (1) THE

14 ACQUISITION OF PARKING FACILITIES BY THE

15 PARKING AUTHORITY OF THE CITY OF SCRANTON,

16 PENNSYLVANIA AND THE ASSOCIATED REFUNDING OF

17 THE REDEVELOPMENT AUTHORITY OF THE CITY OF

18 SCRANTON GUARANTEED VARIABLE RATE DEMAND

19 LEASE REVENUE BONDS, SERIES OF 2004, ISSUED

20 TO FINANCE SUCH PARKING FACILITIES, (2) THE

21 ACQUISITION, CONSTRUCTION AND EQUIPPING OF

22 NEW PARKING FACILITIES OF THE PARKING

23 AUTHORITY OF THE CITY OF SCRANTON,

24 PENNSYLVANIA, (3) THE RENOVATION OF EXISTING

25 PARKING FACILITIES OWNED BY THE PARKING
.

37


1 AUTHORITY OF THE CITY OF SCRANTON,

2 PENNSYLVANIA AND LOCATED IN THE CITY OF

3 SCRANTON AND OPERATED BY THE CITY PURSUANT O

4 AN OPERATING AGREEMENT, AND (4) THE

5 FINANCING OF NECESSARY RESERVES, CAPITALIZED

6 INTEREST AND COSTS OF ISSUANCE OF THE

7 HEREINAFTER MENTIONED 2007 BONDS, TO BE A

8 PROJECT OF THE CITY FOR WHICH LEASE RENTAL

9 DEBT IS TO BE INCURRED; DETERMINING TO INCUR

10 LEASE RENTAL DEBT IN THE MAXIMUM AMOUNT OF

11 $35,000,000 IN RESPECT OF THE PROJECT, SUCH

12 DEBT TO BE EVIDENCED BY BONDS TO BE ISSUED

13 BY THE AUTHORITY AND SECURED BY RENTALS

14 PAYABLE TO THE AUTHORITY BY THE CITY UNDER A

15 LEASE (INCLUDING A FIFTH SUPPLEMENTAL LEASE)

16 OF THE PARKING FACILITIES, AND BY A COVENANT

17 OF GUARANTY OF THE CITY CONTAINED IN SAID

18 FIFTH SUPPLEMENTAL LEASE; STATING THE

19 ESTIMATED REALISTIC USEFUL LIVES OF THE

20 PARKING FACILITIES; AUTHORIZING CERTAIN CITY

21 OFFICERS TO PREPARE, CERTIFY AND FILE WITH

22 THE DEPARTMENT OF COMMUNITY AND ECONOMIC

23 DEVELOPMENT THE DEBT STATEMENT REQUIRED BY

24 SECTION 8110 OF THE LOCAL GOVERNMENT UNIT

25 DEBT ACT AND ANY STATEMENTS REQUIRED BY
.

38


1 SECTION 8026 OF SUCH DEBT ACT TO QUALIFY THE

2 DEBT INCURRED AS SELF-LIQUIDATING DEBT;

3 AUTHORIZING THE PREPARATION OF A DEBT

4 STATEMENT AND BORROWING BASE CERTIFICATE;

5 SPECIFICALLY APPROVING AMOUNTS OF FIXED RENT

6 AND OTHER PAYMENTS (INCLUDING THE GUARANTY

7 OF DEBT SERVICE ON SAID BONDS) TO BE MADE BY

8 THE CITY UNDER SUCH LEASE; APPROVING AND

9 ACKNOWLEDGING NOTICE OF THE AUTHORITY'S

10 ASSIGNMENT OF SUCH RENTALS TO TRUSTEE IN

11 RESPECT OF THE AUTHORITY'S BONDS;

12 AUTHORIZING INCIDENTAL ACTION; REPEALING

13 INCONSISTENT PRIOR ORDINANCES; AND APPROVING

14 THE FORM OF, AND AUTHORIZING, SUBJECT TO

15 RECEIPT OF NECESSARY STATE APPROVALS,

16 EXECUTING AND DELIVERY OF THE FIFTH

17 SUPPLEMENTAL LEASE AND THE THIRD OPERATING

18 AGREEMENT.

19 MS. GATELLI: What is the

20 recommendation of the Chair on Finance?

21 MS. EVANS: As Chair for the

22 Committee on Finance, I recommend final

23 passage of Item 6-B.

24 MR. COURTRIGHT: Second.

25 MS. GATELLI: On the question?
.

39


1 MS. EVANS: Yes, I believe I made my

2 stand on this particular piece of

3 legislation very clear last week and that is

4 enough said.

5 MS. GATELLI: Anyone else?

6 MR. BOLUS: Mrs. Gatelli, if I may,

7 I'd like to speak on this.

8 MS. GATELLI: Attorney Minora, could

9 you rule on this please?

10 MR. MINORA: I did last week.

11 MS. GATELLI: You are not allowed to

12 speak.

13 MR. BOLUS: I'd like to say it's a

14 violation of the Sunshine Act.

15 MR. MINORA: It's been on the agenda

16 for the last two weeks, it has been twice.

17 There have been two opportunities for public

18 comment and basically Mrs. Evans has waived

19 another opportunity because she has already

20 stated her position very clearly and that's

21 the point, that there is there an

22 opportunity to be heard, the opportunity has

23 been presented.

24 MR. BOLUS: I believe our

25 opportunities are --
.

40


1 MS. GATELLI: Thank you. Mr.

2 Coolican.

3 MR. COOLICAN: Mrs. Evans.

4 MRS. EVANS: No.

5 MR. COOLICAN: Mrs. Fanucci.

6 MS. FANUCCI: Yes.

7 MR. COOLICAN: Mr. McGoff.

8 MR. MCGOFF: Yes.

9 Mr. COOLICAN: Mr. Courtright.

10 MR. COURTRIGHT: Yes.

11 MR. COOLICAN: Mrs. Gatelli.

12 MS. GATELLI: Yes. I hereby declare

13 6-B legally and lawfully adopted.

14 MR. MINORA: 6-C FOR CONSIDERATION BY

15 THE COMMITTEE ON RULES - FOR ADOPTION -

16 RESOLUTION NO. 161, 2007 - APPROVING THE

17 AMENDMENT OF THE SEWER AUTHORITY OF THE CITY

18 OF SCRANTON'S ARTICLES OF INCORPORATION TO

19 EXTEND THE AUTHORITY'S CURRENT CHARTER TO

20 JANUARY 9, 2058 TO ACCOMMODATE A THIRTY YEAR

21 BOND ISSUE AND DEFEASANCE SCHEDULE FOR THE

22 PURPOSE OF FINANCING NECESSARY AND REQUIRED

23 COLLECTION SYSTEM IMPROVEMENTS.

24 MS. GATELLI: As Chair the Committee

25 on Rules, I recommend final passage of 6-C.
.

41


1 MR. COURTRIGHT: Second.

2 (Unknown audience members speaks

3 inaudibly.)

4 ATTORNEY MINORA: It's out of order

5 to be --

6 MS. GATELLI: You are out of order.

7 MR. MINORA: Number one. That's the

8 second time --

9 MS. GATELLI: All of these have had

10 opportunity for the speakers to be.

11 (UNINTELLIGIBLE COMMENT FROM THE

12 AUDIENCE.)

13 MS. GATELLI: Well, that's your

14 problem. It's been on the agenda and it's

15 been publically recorded that it was on the

16 agenda. Attorney Minora ruled on it, so no

17 one is going to speak on any of these items.

18 MR. MINORA: Again --

19 MS. GATELLI: Second? On the

20 question?

21 MS. EVANS: Yes. Council very

22 graciously tabled this piece of legislation

23 last week at my request because I wished to

24 be able to review all of the financial

25 statements of the Scranton Sewer Authority
.

42


1 from 2002 through 2006. I reviewed those

2 financial statements, as I said,

3 particularly the operating expenses as noted

4 by the executive director in his letter to

5 Mrs. Garvey. I have seen the increases in

6 expenses over the five-year period, many of

7 which are understandable, but I am concerned

8 about the significant increase in personal

9 salaries and wages in 2005, $59,241; in

10 2006, $134,821, but more importantly, total

11 administrative and general expenses rose

12 from $572,120 in 2005 to $1,713,289 in 2006.

13 In 2002 those administrative and general

14 expenses amounted to $189,681, although, I

15 do expect an annual increase, of course, in

16 operating expenses the jump from 2005 to

17 2006 in administrative and general expenses

18 raises a red flag.

19 Further, I believe that government

20 by and an authority is undemocratic.

21 Citizens elect officials to make the hard

22 decisions, any authority is appointed not

23 elected. Now, we, city council have lost

24 the ability to set sewer rates, yet we are

25 asked to extend the Scranton Sewer
.

43


1 Authority's charter to 2058 for 51 more

2 years the Sewer Authority will control all

3 spending, borrowing, and rates. I can't

4 vote for this extension. Their charter

5 currently extends to 2033, I believe, and

6 that should be sufficient.

7 MR. COURTRIGHT: Mrs. Gatelli.

8 MS. GATELLI: Sure.

9 MR. COURTRIGHT: Mr. Barrett was

10 here earlier, and he left before Mrs. Evans

11 got here and probably my fault because I

12 thought you were going to be late because of

13 the Novena and I told him you weren't here

14 and I had a conversation with him and I

15 didn't know what you had found in the

16 information that he gave you, and at that

17 time I didn't appear to have any problem

18 with it. I would ask, and I know it sounds

19 crazy, but I would ask to table it again,

20 but if we were to do that and ask for his

21 response on those salary increases and

22 operating expenses, but I know they are

23 under a time constraint and then they would

24 miss the deadline. I find myself in a

25 situation now, I have to agree with you with
.

44


1 the operating expenses. I did not know you

2 found that out previous, and I know that

3 now. If anybody is interested in tabling it

4 until we can get his answers to that I would

5 be willing to vote, yes, in favor of that.

6 If not, I'm probably going to going to vote,

7 no. That's all I have. Thank you.

8 MS. GATELLI: How would that affect

9 them, do you know, Mr. Minora?

10 MR. MINORA: Mr. Barrett mentioned

11 that, actually I think he said the date of

12 September 11 they have a deadline of some

13 sort with a Pennvest loan and the Pennvest

14 loans with the rates are, of course,

15 ridiculous. I think it was a half a percent

16 during the build out and then the take out

17 loan would be 1 1/2 percent, so, I mean, you

18 just can't borrow money for that kind of

19 thing and at least -- I was here earliest

20 and I spoke it him at some length, even

21 longer than you, Mr. Courtright, and he also

22 mentioned that the fixes that needed to be

23 done these were all capital improvements

24 were mandated by the federal government and

25 that they are being sanctioned for not
.

45


1 having completed some of those already and

2 their hope is to negotiate the elimination

3 of sanctions by moving ahead with this

4 stuff. Now, I didn't do an investigation,

5 I'm just reporting what he told me.

6 MR. COURTRIGHT: Can I make a

7 suggestion, I don't know how well this is

8 going to go over, again, I apologize, I

9 didn't know what Mrs. Evans had just found

10 out until just now. If, in fact, we can ask

11 Mr. Barrett to answer those questions, if

12 you are interested in doing this, and we can

13 get three members to come back next week and

14 hold a special meeting and vote on it then I

15 would be willing to do that, and I apologize

16 for the inconvenience. I do know, he did

17 explain to me the time constraints and there

18 would be sanctions on us and I certainly do

19 not want to see that happen, but I'm just

20 trying to look for a way out of this and we

21 can get our answers.

22 MS. EVANS: Mr. Courtright, do you

23 know the term of the loan?

24 MR. COURTRIGHT: No, I'm sorry, I

25 don't know.
.

46


1 MS. EVANS: Is it a 50-year loan.

2 MR. COURTRIGHT: I don't know. I

3 don't want to tell you what I think it is

4 and then be wrong.

5 MR. MINORA: It was one of several

6 that were coming as one project completes

7 there is another capital improvement that

8 would follow on. He did mention some

9 numbers and I'm probably going to get them

10 confused, so I'm not going to say the

11 numbers, but I thought the first loan was

12 for $4 million and it might have ended up at

13 nine after they did these first couple of

14 improvements before they get into the, you

15 know, mandated basically rebuilding of the

16 whole sewer authority.

17 MS. EVANS: Oh, and I do understand

18 that and the federal government I believe

19 has sorely failed all municipalities since

20 the time of the Eisenhower administration

21 when the focus was taken from cities to

22 suburbs and as a result our infrastructure

23 has suffered greatly and the federal

24 government should be stepping up to the

25 plate for all of the municipalities to have
.

47


1 to make these mandated corrections, but it

2 does seem quite a lengthy time period in the

3 future, well beyond probably when most of us

4 are going to be alive except for these young

5 men to be borrowing money.

6 MR. MINORA: If I could make a

7 suggestion, I didn't see any of the

8 documents that you that you brought today

9 and the administrative -- increased

10 administrative costs, but with federal

11 sanctions overhead it might not be wise to

12 attach one to the other. There are

13 certainly separate items that could be

14 investigated separately. I mean, he was

15 here to talk about the loans, Mr. Courtright

16 didn't ask him, I certainly didn't ask him

17 about administrative costs, but that might

18 be something that could be investigated

19 later on and, you know, questioned at length

20 without jeopardizing the authority.

21 MS. EVANS: Well, no, I agree with

22 what you are saying but it does appear that

23 the Sewer Authority might be able to tighten

24 it's belt more than it is and it might not

25 have to be borrowing exactly the amounts of
.

48


1 money that's it's envisioning for the next

2 51 years, but that is out of our control.

3 They are not accountable to City Council and

4 that is what the great disappointment is.

5 It is a very mas I said, undemocratic

6 system. There is no accountability there

7 and they can continue their endeavors and

8 their efforts for the next 51 years really

9 without oversight, that's what concerns me.

10 MS. GATELLI: Yeah, but they all come

11 under the Municipal Authority's Act. We

12 don't have control over any authorities.

13 MS. EVANS: No, but we did have the

14 ability to vote on the rates that were set

15 for many, many years.

16 MS. GATELLI: Yeah, but the lease

17 ran out.

18 MS. EVANS: Well, the lease ran out

19 at the same time that this -- that was

20 something else that troubled me. There had

21 been a letter, Mr. Courtright, this was also

22 to you, you are a popular man, this was

23 January 18, 2007, you apparently were asking

24 about the American water services awards and

25 how they would be paid and Mr. Barrett
.

49


1 responded, "The said contract dictates that

2 Section 1.8 effective termination that after

3 the commencement dates the termination fee

4 shall be payable by the City of the Council

5 and Dunmore severely and not jointly in

6 proportion to the amount of the initial

7 concession and signing fees received by

8 them, and that there shall be no recourse to

9 the authority for the payment of any such

10 termination fees. Since the City and

11 Borough were recipients of the initial fee

12 of $8 million and not the authority, that

13 the occurrence of a termination fee and

14 payment of the same would not be the

15 responsibility of the authority."

16 Yet, the authority months later did

17 quite the opposite and made those payments.

18 Why, I don't know. I'm assuming also from

19 what I have read of the sewer authority

20 literature that our storm water system has

21 been transferred to the sewer authorities

22 ownership from the ownership of the people.

23 MR. COURTRIGHT: What do we do now

24 is the question I guess? I only feel a

25 little responsible for this because when
.

50


1 talking to Mr. Barrett at the time I didn't

2 have that information and I had told him, I

3 don't want him to think I'm a liar, I told

4 him that I think it seems okay to me and

5 that I was going to be in favor of it, but

6 in light of this information I just without

7 having some answers I simply can't, I

8 apologize to Mr. Barrett.

9 MS. EVANS: Mr. Courtright, I think

10 that because of the comments made by

11 Mr. Minora that time is of the essence if

12 the majority of the council wishes to vote

13 today and is in favor of the passage then I

14 don't see that that would alter from one

15 week to the next and rather than holding up

16 the sewer authority you might as well just

17 pass the legislation.

18 MR. COURTRIGHT: Okay.

19 MR. BOLUS: I'd like to respond to

20 that.

21 MS. GATELLI: You are out of order.

22 (Untranscribable comments from Mr.

23 Bolus.)

24 MR. JACKOWITZ: Mrs. Gatelli, Section

25 --
.

51


1 MS. GATELLI: Excuse me, you are out

2 of order. Officer, would you please tell

3 these people to not speak.

4 (Untranscribable comments from Mr.

5 Jackowitz.)

6 MS. GATELLI: Roll call.

7 MR. COOLICAN: Mrs. Evans.

8 MRS. EVANS: No.

9 MR. COOLICAN: Mrs. Fanucci.

10 MS. FANUCCI: Yes.

11 MR. COOLICAN: Mr. McGoff.

12 MR. MCGOFF: Yes.

13 Mr. COOLICAN: Mr. Courtright.

14 MR. COURTRIGHT: No.

15 MR. COOLICAN: Mrs. Gatelli.

16 MS. GATELLI: Yes. I hereby declare

17 6-C legally and lawfully adopted.

18 MR. MINORA: 6-D - FOR CONSIDERATION

19 BY THE COMMITTEE ON COMMUNITY DEVELOPMENT -

20 FOR ADOPTION - RESOLUTION NO. 162, 2007 -

21 AUTHORIZING THE MAYOR AND OTHER APPROPRIATE

22 CITY OFFICIALS FOR THE CITY OF SCRANTON TO

23 ENTER INTO A LOAN AGREEMENT AND MAKE A LOAN

24 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT

25 LOAN PROGRAM, PROJECT NO. 03-150.12 IN AN
.

52


1 AMOUNT NOT EXCEED $250,000 TO KELBRI

2 DEVELOPMENT, LLC. TO ASSIST AN ELIGIBLE

3 PROJECT.

4 MS. GATELLI: What is the

5 recommendation of the Chair on Community

6 Development?

7 MS. FANUCCI: As Chairperson for the

8 Committee on Community Development, I

9 recommend final passage of Item 6-D.

10 MR. COURTRIGHT: Second.

11 MS. GATELLI: On the question? Roll

12 call.

13 MR. COOLICAN: Mrs. Evans.

14 MRS. EVANS: No.

15 MR. COOLICAN: Mrs. Fanucci.

16 MS. FANUCCI: Yes.

17 MR. COOLICAN: Mr. McGoff.

18 MR. MCGOFF: Yes.

19 Mr. COOLICAN: Mr. Courtright.

20 MR. COURTRIGHT: Yes.

21 MR. COOLICAN: Mrs. Gatelli.

22 MS. GATELLI: Yes. I hereby declare

23 6-D legally and lawfully adopted.

24 MR. MINORA: 6-E FOR CONSIDERATION BY

25 THE COMMITTEE ON COMMUNITY DEVELOPMENT - FOR
.

53


1 ADOPTION - RESOLUTION N O. 163, 2007 -

2 AUTHORIZING THE MAYOR AND OTHER APPROPRIATE

3 CITY OFFICIALS TO EXECUTE AND ENTER INTO A

4 LOAN AGREEMENT AND TO EXECUTE A PROMISSORY

5 NOTE, IN THE AMOUNT OF $250,000 BY AND

6 BETWEEN THE CITY OF SCRANTON AND POSH LIFE,

7 LLC FOR ENTERPRISE ZONE COMPETITIVE GRANT

8 FUNDS TO BE DEDICATED TO THE POSH LIFE, LLC

9 PROJECT.

10 MS. GATELLI: What is the

11 recommendation of the Chair on Community

12 Development?

13 MS. FANUCCI: As Chair for the

14 Committee on Community Development, I

15 recommend final passage of Item 6-E.

16 MR. COURTRIGHT: Second.

17 MS. GATELLI: On the question? Roll

18 call.

19 MR. COOLICAN: Mrs. Evans.

20 MRS. EVANS: Yes.

21 MR. COOLICAN: Mrs. Fanucci.

22 MS. FANUCCI: Yes.

23 MR. COOLICAN: Mr. McGoff.

24 MR. MCGOFF: Yes.

25 Mr. COOLICAN: Mr. Courtright.
.

54


1 MR. COURTRIGHT: Yes.

2 MR. COOLICAN: Mrs. Gatelli.

3 MS. GATELLI: Yes. I hereby declare

4 6-E legally and lawfully adopted.

5 MR. MINORA: 6-F. FOR CONSIDERATION

6 BY THE COMMITTEE ON COMMUNITY DEVELOPMENT -

7 FOR ADOPTION - RESOLUTION NO. 164, 2007 -

8 AUTHORIZING THE MAYOR AND OTHER APPROPRIATE

9 CITY OFFICIALS TO EXECUTE AND ENTER INTO ANY

10 DOCUMENTS NEEDED TO SUBMIT AND DESIGNATE THE

11 REDEVELOPMENT AUTHORITY OF THE CITY OF

12 SCRANTON AS THE LOCAL REDEVELOPMENT

13 AUTHORITY, AS THAT TERM IS UNDERSTOOD BY THE

14 OFFICE OF ECONOMIC ADJUSTMENT OF THE

15 DEPARTMENT OF DEFENSE, FOR THE PURPOSE OF

16 COORDINATING THE REDEVELOPMENT OF THE SAMUEL

17 SERENTI ARMY RESERVE CENTER ON COLFAX

18 AVENUE.

19 MS. GATELLI: What is the

20 recommendation of the Chair on Community

21 Development?

22 MS. FANUCCI: As Chair for the

23 Committee on Community Development, present

24 final passage of 6-F.

25 MR. COURTRIGHT: Second.
.

55


1 MS. GATELLI: On the question? Roll

2 call.

3 MR. COOLICAN: Mrs. Evans.

4 MRS. EVANS: Yes.

5 MR. COOLICAN: Mrs. Fanucci.

6 MS. FANUCCI: Yes.

7 MR. COOLICAN: Mr. McGoff.

8 MR. MCGOFF: Yes.

9 Mr. COOLICAN: Mr. Courtright.

10 MR. COURTRIGHT: Yes.

11 MR. COOLICAN: Mrs. Gatelli.

12 MS. GATELLI: Yes. I hereby declare

13 6-F legally and lawfully, adopted.

14 MR. MINORA: 6-G. FOR CONSIDERATION

15 BY THE COMMITTEE ON COMMUNITY DEVELOPMENT -

16 FOR ADOPTION - RESOLUTION NO. 165, 2007 -0

17 AUTHORIZING THE FILING OF A PROPOSAL FOR

18 FUNDS WITH THE DEPARTMENT (DCED),

19 COMMONWEALTH OF PENNSYLVANIA AND AUTHORIZING

20 THE MAYOR AND OTHER APPROPRIATE CITY

21 OFFICIALS TO EXECUTE AND APPLY FOR SAID

22 GRANT FOR HOUSING AND REDEVELOPMENT

23 ASSISTANCE THROUGH DCED; ACCEPTING THE GRANT

24 IF THE GRANT APPLICATION IS SUCCESSFUL, AND

25 COORDINATING THE USE OF THE GRANT FUNDS
.

56


1 THROUGH THE PROGRAMS RUN BY UNITED

2 NEIGHBORHOOD CENTERS OF LACKAWANNA COUNTY.

3 MS. GATELLI: What is the

4 recommendation of the Chair on Community

5 Development?

6 MS. FANUCCI: As Chair for the

7 Committee on Community Development, I

8 recommend final passage of Item 6-G.

9 MR. COURTRIGHT: Second.

10 MS. GATELLI: On the question? Roll

11 call.

12 MR. COOLICAN: Mrs. Evans.

13 MRS. EVANS: Yes.

14 MR. COOLICAN: Mrs. Fanucci.

15 MS. FANUCCI: Yes.

16 MR. COOLICAN: Mr. McGoff.

17 MR. MCGOFF: Yes.

18 Mr. COOLICAN: Mr. Courtright.

19 MR. COURTRIGHT: Yes.

20 MR. COOLICAN: Mrs. Gatelli.

21 MS. GATELLI: Yes. I hereby declare

22 6-G legally and lawfully adopted.

23 MR. MINORA: 6-H. FOR CONSIDERATION

24 BY THE COMMITTEE ON PUBLIC WORKS - FOR

25 ADOPTION - RESOLUTION NO. 166, 2007 -
.

57


1 AUTHORIZING THE MAYOR AND OTHER APPROPRIATE

2 CITY OFFICIALS TO EXECUTE AND ENTER INTO A

3 SUPPLEMENTAL REIMBURSEMENT AGREEMENT NO.

4 040928-F WITH THE COMMONWEALTH OF

5 PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION

6 ("PENNDOT") FOR THE PURPOSE OF INCREASING

7 THE FUNDS ALLOCATED FOR THE CONSTRUCTION

8 PHASE OF THE EST MARKET STREET BRIDGE

9 PROJECT.

10 MS. GATELLI: What is the

11 recommendation of the Chair on Public Works?

12 MR. MCGOFF: As Chair for the

13 Committee on Public Works I recommend final

14 passage of Item 6-H.

15 MR. COURTRIGHT: Second.

16 MS. GATELLI: On the question? Roll

17 call.

18 MR. COOLICAN: Mrs. Evans.

19 MRS. EVANS: Yes.

20 MR. COOLICAN: Mrs. Fanucci.

21 MS. FANUCCI: Yes.

22 MR. COOLICAN: Mr. McGoff.

23 MR. MCGOFF: Yes.

24 Mr. COOLICAN: Mr. Courtright.

25 MR. COURTRIGHT: Yes.
.

58


1 MR. COOLICAN: Mrs. Gatelli.

2 MS. GATELLI: Yes. I hereby declare

3 6-H legally and lawfully adopted.

4 MS. FANUCCI: Before we read 6-I I'd

5 like to make a motion. I'd like to amend

6 6-I, to amend Section 6 of the rentor's

7 ordinance to add the following language:

8 Any person found in violation of the events

9 Numbered 1 through 7 shall be ordered to be

10 closed by the city for a period of time

11 which will be lesser of the time needed to

12 cure the violation events or for six months.

13 Each reopening without having cured the

14 violation shall be considered a new

15 violation and subject to new closure order.

16 MS. GATELLI: I'll second that

17 motion. On the question? All in favor.

18 MS. EVANS: Aye.

19 MS. FANUCCI: Aye.

20 MR. MCGOFF: Aye.

21 MR. COURTRIGHT: Aye.

22 MS. GATELLI: Aye. Opposed? The

23 ayes have it and so moved.

24 MR. MINORA: 6-I FOR CONSIDERATION -

25 BY THE COMMITTEE ON COMMUNITY DEVELOPMENT -
.

59


1 FOR ADOPTION - FILE NO. 105, 2007, AS

2 AMENDED - ESTABLISHING A REGISTRATION

3 PROGRAM FOR RESIDENTIAL RENTAL PROPERTIES;

4 REQUIRING ALL OWNERS OF RESIDENTIAL RENTAL

5 PROPERTIES TO DESIGNATE AN AGENT FOR SERVICE

6 OF PROCESSES; AND PRESCRIBING DUTIES OF

7 OWNERS, AGENTS AND OCCUPANTS; DIRECTING THE

8 DESIGNATION OF AGENTS; ESTABLISHING FEES FOR

9 THE COSTS ASSOCIATED WITH THE REGISTRATION

10 OF RENTAL PROPERTY; AND PRESCRIBING

11 PENALTIES FOR VIOLATIONS.

12 MS. GATELLI: What is the

13 recommendation of the Chair on Community

14 Development?

15 MS. FANUCCI: As Chairperson for the

16 Committee on Community Development, I

17 recommend final passage of Item 6-I.

18 MR. COURTRIGHT: Second.

19 MS. GATELLI: On the question? Roll

20 call.

21 MR. COOLICAN: Mrs. Evans.

22 MRS. EVANS: Yes.

23 MR. COOLICAN: Mrs. Fanucci.

24 MS. FANUCCI: Yes.

25 MR. COOLICAN: Mr. McGoff.
.

60


1 MR. MCGOFF: Yes.

2 Mr. COOLICAN: Mr. Courtright.

3 MR. COURTRIGHT: Yes.

4 MR. COOLICAN: Mrs. Gatelli.

5 MS. GATELLI: Yes. I hereby declare

6 6-I legally and lawfully adopted.

7 MR. MINORA: 6-J, which was formerly

8 5-B, FOR CONSIDERATION BY THE COMMITTEE ON

9 FINANCE - FOR ADOPTION - FILE OF COUNCIL NO.

10 106, 2007 - AN ORDINANCE AUTHORIZING THE

11 CONVEYANCE BY SEALED BID OR AUCTION OF ONCE

12 PARCEL OF PROPERTY LOCATED IN THE CITY OF

13 SCRANTON AT 1008 FISK STREET, AND RECORDED

14 AT RECORD BOOK R062, PAGE 3895.

15 MS. GATELLI: What is the

16 recommendation of the Chair on Finance?

17 MS. EVANS: As Chair for the

18 Committee on Finance, I recommend final

19 passage of Item 6-J.

20 MR. COURTRIGHT: Second.

21 MS. GATELLI: On the question? Roll

22 call.

23 MR. MCGOFF: Could I just -- there

24 seems to be some confusion, these are items

25 from Fifth Order that were moved to Sixth
.

61


1 Order, they were originally A, B and C and

2 now introduced in Sixth Order is 6-I, 6-J

3 and 6-K. The ones that we gave you the

4 opportunity to -- asked if anybody wanted to

5 speak on before.

6 MS. EVANS: They were moved forwarded

7 in order to be passed prior to the council

8 recess during the month of August.

9 (Untranscribable comment from the

10 audience.)

11 MS. GATELLI: You did. I asked

12 people to come and speak on those three

13 objects, did I not?

14 MS. EVANS: Yes.

15 MR. COURTRIGHT: Yes, Mr. Sbaraglia

16 spoke on one.

17 MR. MCGOFF: Thank you.

18 MS. GATELLI: Anyone else on the

19 question? Roll call.

20 MR. COOLICAN: Mrs. Evans.

21 MRS. EVANS: Yes.

22 MR. COOLICAN: Mrs. Fanucci.

23 MS. FANUCCI: Yes.

24 MR. COOLICAN: Mr. McGoff.

25 MR. MCGOFF: Yes.
.

62


1 Mr. COOLICAN: Mr. Courtright.

2 MR. COURTRIGHT: Yes.

3 MR. COOLICAN: Mrs. Gatelli.

4 MS. GATELLI: Yes. I hereby declare

5 6-J legally and lawfully adopted.

6 MR. MINORA: 6-K, which was formerly

7 5-C - FOR CONSIDERATION BY THE COMMITTEE ON

8 COMMUNITY DEVELOPMENT - FOR ADOPTION - FILE

9 OF COUNCIL NO. 107, 2007 - AMENDING FILE OF

10 COUNCIL NO. 155 OF 2005, ENTITLED, "AN

11 ORDINANCE AUTHORIZING THE MAYOR AND OTHER

12 APPROPRIATE OFFICIALS OF THE CITY OF

13 SCRANTON TO TAKE ALL NECESSARY ACTIONS TO

14 IMPLEMENT THE CONSOLIDATED SUBMISSION FOR

15 COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS

16 (AS AMENDED) TO BE FUNDED UNDER THE

17 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

18 PROGRAM, HOME INVESTMENT PARTNERSHIP (HOME)

19 PROGRAM AND EMERGENCY SHELTER GRANT (ESG)

20 PROGRAM", BY TRANSFERRING $50,0000.00, FROM

21 PROJECT NO. 06-33 CONTINGENCY TO PROJECT NO.

22 06.229.6 UNC COMMUNITY SERVICE BUILDING.

23 MS. GATELLI: What is the

24 recommendation of the Chair on Community

25 Development?
.

63


1 MS. FANUCCI: As Chairperson for the

2 Committee on Community Development, I

3 recommend final passage of Item 6-K.

4 MR. COURTRIGHT: Second.

5 MS. GATELLI: On the question? Roll

6 call.

7 MR. COOLICAN: Mrs. Evans.

8 MRS. EVANS: Yes.

9 MR. COOLICAN: Mrs. Fanucci.

10 MS. FANUCCI: Yes.

11 MR. COOLICAN: Mr. McGoff.

12 MR. MCGOFF: Yes.

13 Mr. COOLICAN: Mr. Courtright.

14 MR. COURTRIGHT: Yes.

15 MR. COOLICAN: Mrs. Gatelli.

16 MS. GATELLI: Yes. I hereby declare

17 6-K legally and lawfully adopted.

18 MR. COURTRIGHT: Mrs. Gatelli, could

19 you indulge me for one second?

20 MS. GATELLI: Sure.

21 MR. COURTRIGHT: If the rest of

22 council would agree, obviously the

23 legislation passed with the Sewer Authority

24 and I'm hoping there is no problem with it,

25 but I would ask if we could send a letter on
.

64


1 behalf all of council with those questions

2 that Mrs. Evans had. Even those it's passed

3 I'd like to have the answers if everybody

4 would agree on the.

5 MS. GATELLI: Sure, absolutely.

6 MR. COURTRIGHT: So, maybe, Neil,

7 Mrs. Evans could give you those questions

8 and I'm sure that he will be happy to answer

9 them for us. Thank you.

10 MS. FANUCCI: Do it in a motion,

11 Bill, so that it's from all of council.

12 MR. COURTRIGHT: Okay. I'll make a

13 motion that we send the questions that Mrs.

14 Evans had on the sewer authority

15 legislation.

16 MS. GATELLI: On the question? All

17 in favor?

18 MS. GATELLI: On the question? All

19 in favor.

20 MS. EVANS: Aye.

21 MS. FANUCCI: Aye.

22 MR. MCGOFF: Aye.

23 MR. COURTRIGHT: Aye.

24 MS. GATELLI: Aye. Opposed? The

25 ayes have it and so moved.
.

65


1 MR. COURTRIGHT: Thank you,

2 appreciate it.

3 MS. GATELLI: Douglas.

4 MR. MILLER: Good afternoon, Council,

5 Doug Miller. I'd just like to begin by

6 recognizing James Piazza, he did graduate

7 and he be moving onto college so he will be

8 not joining us in September. He will be

9 moving on, so I'd just like to thank Jimmy

10 for his time and service and dedication, it

11 was great for him to be here and have the

12 opportunity (audience applause.) It was

13 great to have the opportunity to be here and

14 learn more about your government, and I hope

15 he did, and I wish you the best of luck.

16 MS. EVANS: And he was an excellent

17 student. He was in my class this year and

18 he was at the top of his class.

19 MR. MILLER: After nine months of

20 speaking about junior council's mission to

21 raise funds for a children's handicapped

22 accessible swingset to be located directly

23 across from the newly completed handicapped

24 treehouse, which has been openly talked

25 about on Channel 61 here in the meetings and
.

66


1 in numerous publications in the Scranton

2 Times regarding what our mission was and

3 along came a letter from a Miss Ann Frick,

4 from the St. Joseph's Center, and later on

5 Mr. Bolus will expand on that letter. In

6 conscience, we as the junior council can't

7 and will not be deceptive to deceiving those

8 that contributed towards our project whom

9 were are all under the impression that the

10 handicapped swingset was going to be placed

11 across from the treehouse. This site was

12 approved 11 months ago by Mayor Doherty.

13 So, therefore, we, the Junior Council of

14 Scranton, have voted unanimously to refund

15 the money to the contributors after a

16 meeting last week at the Weston Fieldhouse

17 with Mark Dougher, Jeff Brazil and Frank

18 Maranuchi, who rejected the site and instead

19 offered a location on the opposite side of

20 Nay Aug Park off in a dirt area which they

21 termed as the proposed future handicapped

22 area, but they had no time frame and if or

23 when this was even going to take place.

24 Looking at the area and distance

25 between the tree house and the city's
.

67


1 proposed site, we felt that parents trying

2 to push their children in wheelchairs up

3 steep rocky roads would be inconvenienced

4 and we, as the junior council, find that

5 totally unacceptable. Therefore, since the

6 city has deemed that we can't put the

7 handicapped swing set across from the

8 handicapped tree house, it is the decision

9 of the Junior Council to refund the money in

10 it's entirety to all of those that

11 contributed towards this project.

12 I apologize to all the handicapped

13 residents in this area, something that was

14 supposed to be a special time and a day that

15 could have happened for a ribbon cutting for

16 this, unfortunately, turned into just a lot

17 of controversy and unfortunately we weren't

18 able to finalize this project and give the

19 handicapped children what they so deserve,

20 and that's a handicapped swing set, so I

21 apologize. Thank you.

22 MS. GATELLI: I'd just like to say

23 something about that particularly issue.

24 The money was raised for a handicapped swing

25 set, but when I talked to people that deal
.

68


1 with handicapped children as Mr. Rinkk does

2 and as the educators that sit up here with

3 me know that in our country now is a thing

4 called inclusion and we are to include all

5 those people that have any type of

6 disability and we are to include them with

7 the so called quote normal people, and when

8 I read Mrs. Rink's letter, and I spoke to

9 Mr. Dougher, I could see where they had a

10 point not to put the handicapped swing set

11 next to another handicapped facility. The

12 idea would be is to put the handicapped

13 swing set near a regular swing set so that

14 the children who are handicapped would have

15 the benefit of being and playing with normal

16 quote children.

17 So, I am very disappointed that they

18 are going to hand this money back, and I'm

19 not sure that everyone that gave really

20 cared about where it was going to be

21 located, they cared that the kids would have

22 a swing, that the kids that are handicapped

23 would have somewhere to play, so I am very

24 disappointed and my feeling is that I say

25 the experts should say where the swing set
.

69


1 goes, not the Junior Council, and I was a

2 proponent of the Junior Council, but I

3 certainly don't think you are in any way are

4 an expert as to where a handicapped swing

5 set should go, as I am not either, but I

6 know working in the schools that the goal of

7 this country in education and children is

8 called inclusion and I believe that the

9 swing set should be near where the normal

10 quote kids will also play, so that's just my

11 feeling on it.

12 MS. FANUCCI: I also have one thing

13 to say, a lot of these people have children

14 that are handicapped and also have children

15 that are not, and to be able to place the

16 two swing sets together would make a lot of

17 sense, then they could play with their

18 sisters and brothers and bring friends that

19 are also, you know, to me, to do something

20 wonderful is to do something wonderful not

21 to put -- we seem to do this all of the

22 time, to put our own spin on what we think

23 should be. This is a gift and it should be

24 looked at as a gift and I don't care if they

25 put it in Guam and we have to take a ride
.

70


1 there in a car to get there, it's something

2 that's a gift for all of us, and that's how

3 we should look at it. If does sadden me

4 that we have drawn another line in the sand

5 over an issue that could be something

6 wonderful. It makes me -- it makes me sad

7 and for all of those people who did donate I

8 want to thank you and know that you will be

9 there for the next cause and realize that

10 government will never be perfect and as long

11 as we decide where and how these things

12 should be done on our own it's sort of like

13 saying, you know, I'll give you a car, but

14 you've got to drive it where I tell you to

15 drive it. It just is not something I would

16 definitely back. I understand, Doug, I

17 understand you are upset and I understand

18 that was something from day one that was

19 agreed on, but I do think the more research

20 you do on projects the more you will find

21 out and if you don't grow with the project,

22 projects will never happen. So I, too, have

23 to say I'm very saddened and the information

24 I had received lately had made me change my

25 mind on the event also, so what can you do.
.

71


1 We go from here and move on and it is sad

2 and you have mad your decision and that's

3 all we can do, but as far as being an

4 elected official it is very sad to see

5 something like this not happen because of

6 not being able to work together. That's all

7 I have.

8 MR. MILLER: How are you this

9 afternoon? I'm Tim Miller. We bring very

10 good news to council. We are the children

11 of Mary Miller that was missing last week

12 and we came because the community came

13 together, the police force, firemen and we

14 came just to address the council:

15 MS. MILLER: Hi. The weekend of

16 July 13 and 14 will be forever remembered in

17 our family. Our mom, Mary Miller, who has

18 Alzheimer's walked away from her home in

19 west side. During this extremely stressful

20 and difficult time we witnessed firsthand

21 the enormous outpouring of support and

22 compassion from the citizens, police and

23 fire department of Scranton. Together, with

24 our dad, we will be forever grateful for the

25 police and firemen who assisted in the
.

72


1 search and rescue. Everyone from these

2 departments went above and beyond the call

3 of duty. There was some policemen who went

4 off duty during the search only to return

5 and continuing searching while off-duty on

6 Friday night. There were countless

7 neighbors who we don't even know that showed

8 up to help after seeing the story on the

9 news. Neighborhood kids on bikes circulated

10 her picture not to mention family and

11 friends who came out to help. We would also

12 like to thank Channel 16 for their

13 continuing air off story. Also, the local

14 businesses who donated bottled water, ice

15 and food for the countless searchers.

16 Almost, Thornhurst Search and Rescue who

17 worked tirelessly through with their search

18 dog both Friday night and Saturday. Do you

19 want to finish?

20 MR. MILLER: Words can't express our

21 gratitude for the fire --

22 MS. MILLER: You want me to take

23 over. Words can't express our gratitude for

24 the five firemen, Mike Doherty, Joe Snitzer,

25 Tom McColligan, Mike Hales and Brian Moran
.

73


1 who had the idea to look one last time in

2 the area she was found. If not for these

3 dedicated men this tragedy would have a very

4 different outcome for our family, so for the

5 citizens, businesses and police and fire

6 departments, to the chiefs and assistant

7 chiefs of these departments who I don't even

8 remember their names, our family would like

9 to publically thank everyone from the bottom

10 of our hearts.

11 MS. GATELLI: Thank you very much.

12 MS. EVANS: I know that those

13 gentlemen would tell you, "It's nothing

14 special, we are just doing our job," but

15 they are very special people and they

16 demonstrate that by not only risking their

17 lives everyday, but by doing this off-duty

18 as well, and so even though they probably

19 wouldn't agree and say, "Oh, it's just our

20 job," I think they, too, like the

21 individuals we have had in today they, too,

22 should be honored with a proclamation.

23 MS. MILLER: I don't even know the

24 names for the newspaper.

25 MS. EVANS: And, see, that displays
.

74


1 the fact that those individuals are very

2 humble and they are not looking for, you

3 know, the public recognition or the pat on

4 the back, but I think they really, really

5 deserve it.

6 MR. MILLER: She is still in the

7 hospital, she is doing well.

8 MS. EVANS: We'll pray for her.

9 MR. MILLER: Thank you.

10 MS. GATELLI: That's great. Thank

11 you. Andy Sbaraglia.

12 MR. SBARAGLIA: Andy Sbaraglia,

13 citizen of Scranton, fellow Scrantonians, a

14 few words on the swing set. Instead of

15 losing this project, why don't we just add a

16 few regular swings along with the

17 handicapped at that site and that would make

18 everybody happy. I mean, simple solutions

19 are there instead of looking for complex

20 ones.

21 Okay, let's go with this, the sewer

22 authority, please explain to me why a

23 30-year bond has to extend our sewer

24 authority out to 2058, are we planning to

25 give this bond in 2021? Are we going to
.

75


1 give this bond, 30 years, but I think that's

2 simple, when you get a 30-year bond it

3 should be paid off in 30 years, but

4 apparently that doesn't go in this city.

5 Okay. Let's go back to my favorite, I

6 never got to speak on the delinquent loans

7 which I call amoral and I see you are

8 looking -- following the amoral path to sell

9 these loans off. Now, don't -- we are not

10 stupid in this city, I mean, you've got to

11 be an idiot to figure somebody is going to

12 give you two point some million dollars and

13 not use this series of penalties that you

14 applied. We are not babes in toyland, we

15 understand these things and the people of

16 this city understand these things. Maybe

17 when it's brought out a little more, we are

18 talking about, I'll tell you my house taxes

19 because I can speak on mine, is $356 was my

20 city tax, of course, the school tax is a lot

21 more, but $356 was my tax, had I not paid it

22 last year and you had sold the loans, my

23 house could have been put up for sale and a

24 penalty taxed on upward of $3,000. Now, the

25 constitution of this country really speaks
.

76


1 against unfair and unjust punishment, and

2 this is a punishment. This is not something

3 you can go by, it has to fit within the

4 constitution. This is very unfair, and it's

5 unjust, and for anybody even to even go

6 further with it is beyond me. I call it

7 amoral, council may call it amoral and if

8 need be I will have this legislation printed

9 up and delivered to everybody in the city so

10 they can read it and understand it. The

11 paper put it, but it was very, very brief

12 and a lot of people forgot about it. But,

13 believe me, I heard that Nancy Krake has

14 said NCC has already sent it out warning the

15 people, which I think was a good idea, I

16 hope they send to everybody in the city what

17 could happen to them. And notice that this

18 was for '06 and '05. Why '06 and '05?

19 Because they are the newest houses. They

20 are the newest, they figure people are in

21 there and they are not run down, but, yet

22 nobody cares for a lousy what is it two

23 point some million in the budget we are

24 going to cause people to lose their homes or

25 their lot, even the lots. There is no
.

77


1 differentiation of this thing for lots.

2 Believe me, Mr. McGoff, I'm going to through

3 the whole city saying this over and over and

4 over again until in sinks in that people are

5 being sheared like sheep and they've got a

6 right to know it. I thank you.

7 MS. EVANS: Mr. Sbaraglia, I don't

8 know that it's so much the sale of

9 delinquent taxes as it is the fees,

10 penalties, costs and fines that have been

11 passed by city council that accompany that

12 sale, however, the municipality I believe,

13 according to state regulations, sets and

14 indeed they did, the cost, fines, penalties

15 and fees so the city did not in my opinion

16 have to be as draconian in all of those

17 costs as they chose to be, and I do recall

18 mentioning to you based on a legislative

19 update that anyone since now it has become

20 law, because that ordinance was passed and,

21 of course, I did not vote for that, but now

22 that it is law citizens do have the right to

23 appeal what they feel is excessive and

24 unjust in any of those costs, fees,

25 penalties and fines and I'm sure there will
.

78


1 be many who do so.

2 MR. SBARAGLIA: Who does it benefit?

3 MS. EVANS: Who does it benefit?

4 MR. SBARAGLIA: Yeah.

5 MS. EVANS: The monies are supposed

6 to be coming into the city.

7 MR. SBARAGLIA: It only benefits the

8 lawyers when you have to go for lawsuit

9 after lawsuit. I thank you.

10 MS. EVANS: Oh, they will get very

11 wealth, you are right.

12 MS. GATELLI: Bob Bolus.

13 MR. BOLUS: Council, Bob Bolus,

14 Scranton. Let me go right through the chain

15 here. First of all, I would like to tell

16 council that if I'm not allowed to respond

17 after my time is up, please do not address a

18 question to me or talk to me. I'm a

19 professional and if I can't have dialogue

20 back, don't address the question, I'll turn

21 my back and walk away from you, so we

22 clearly understand the ground rules.

23 As far as these kids and the swing

24 set none of you council members were even

25 involved in it, these kids went out and did
.

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1 it on their wrong. The Parks and Recreation

2 didn't do it, the mayor didn't do it, nobody

3 did it, the kids did it, and it's their

4 right to do what they want. I spoke to Mrs.

5 Rink today in length and I asked her where

6 she was for the last 30 plus years that she

7 put in her letter with handicapped kids, why

8 there weren't happened swings in other areas

9 of Nay Aug Park, 30 years, five years, two

10 years, they weren't there, and all of a

11 sudden because they kids bring to light the

12 disabilities of handicapped people and give

13 them something that's rewarding everybody

14 turned against them or they want to blow

15 their own horn and put it here or put it

16 there. Nobody here spoke up when the mayor

17 spent millions of dollars in Nay Aug Park

18 and squandered i, he didn't put a

19 handicapped swing set, he didn't worry about

20 the disability of kids yet she wants them to

21 work together. Where was she? Where was

22 everybody else? I told her flat out, you

23 have the handicapped swing set there you

24 could put another swing set right alongside

25 it and I'll donate it, okay? Don't tell me
.

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1 what these kids did was wrong and because

2 she doesn't like it or for whatever

3 political reasons she has to come forward

4 after it has been around for nine plus

5 months, on TV, in the papers. It's a total

6 disgrace what the adults in this community

7 have done to these kids and you should all

8 hang your head in shame from the top to the

9 bottom. I have worked with these kids and

10 I'm proud to say I did and I'll stand and

11 defend them because that's what I'm doing

12 here and everybody here should have did that

13 instead of put it in trust, yeah, like our

14 golf course money. You know, enough of that

15 nonsense. She could have put a swing set

16 right alongside of it but she wasn't around.

17 Why doesn't St. Joe's put a swing set

18 somewhere else in the park? Remember, the

19 tree house is utilized by both handicapped

20 and quote normal people, all use it, so

21 what's the difference? Yet, you people, all

22 of you out there will put these kids in the

23 position to maintain their pride and

24 principal, some of things a lot of people

25 don't have in this community, to give the
.

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1 people money back to those that believe this

2 was where it would be going and where it

3 best benefited the kids and adding a couple

4 of swings it doesn't hurt so everybody could

5 play together. So, my adage to Mrs. Rink

6 and everybody else, grow up it's time, these

7 kids are more mature than most people in

8 this city. Last week -- and I applaud them

9 to give the money back, let council, let the

10 Parks and Recreation, let Mrs. Rink do

11 fundraisers on their own time now and put

12 the swinsets in where they think they should

13 go. That's a smack in the face to the city

14 that they now they come forward and I just

15 hate to even say I'm a Scrantonian at this

16 point for what happened to these kids and

17 the people that contributed the money and

18 what happened to the disabled kids is a

19 first class slap in everyones' face so

20 everybody should put their head in shame

21 where it belongs. You know, it's a poor

22 excuse to blame the kids rather than stand

23 up and look in the mirror and everybody

24 blame themselves.

25 Last week, Mrs. Evans, when I
.

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1 couldn't respond back to you because I was

2 out of order, first of all, the $3 million

3 that Mr. McGoff, the intent was, before you

4 people even got here, was to be put into

5 trust and you weren't here, I was, I was in

6 Court over it, so I know what the intent

7 was. How it was legislated didn't mean

8 anything, it sat in CD's, a form of trust

9 that was put away, yet you elected to take

10 the money and squander it. You didn't give

11 it anywhere, you squandered it, you wasted

12 it and unless a bill was brought to light by

13 Mrs. Evans nobody was touching it and the

14 mayor couldn't get it until you three people

15 decided to vote for it. Remember that. And

16 was it legal or illegal? Maybe a test in

17 Court needs to be done, okay and maybe we'll

18 resolve this issue once and for all how the

19 people in this city are stepped on by

20 council members who think they know

21 everything. This isn't a classroom out

22 here.

23 And first of all, personally when I

24 heard your motion three minutes, maybe you

25 need to go back to a classroom and teach
.

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1 rather than come here and represent the

2 people of the city and teach them how to

3 shutup and give them three minutes to speak

4 in your future motion. You know, the issues

5 here --

6 MS. GATELLI: Thank you, Mr. Bolus.

7 MR. BOLUS: You are not welcome

8 really, and please do not comment.

9 MR. COURTRIGHT: Mrs. Gatelli, can

10 I say something?

11 MS. GATELLI: Yes.

12 MR. COURTRIGHT: I'm not going to

13 address Mr. Bolus because he said he would

14 turn his back and walk away, and I'm not

15 speaking for everybody up here so when I'm

16 done so if you don't agree with what I said

17 I would certainly ask you to step in, I

18 don't hear anybody up here say they weren't

19 in favor of the swing set, I think every one

20 of us are in favor of the swing set and, no,

21 we did not raise the money, but we also have

22 nothing to say where it goes. I think

23 somebody people up here, I didn't say

24 anything, but some people are just trying to

25 offer solutions to where they thought the
.

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1 swing set could have went because, you know,

2 they worked very hard to raise the money and

3 everyone would like to see a handicapped

4 swing set, so everybody applauds junior

5 council for raising the money and not trying

6 to tell them what to do with it, I think

7 they are making suggestions so that this

8 money wasn't returned and that the

9 individuals who it was intended to get the

10 swing set would get it. I don't think

11 anybody here is trying to tell them what to

12 do or trying to do them a disservice. I

13 think they were trying to offer what are

14 solutions and if I'm incorrect, correct me.

15 Thank you.

16 MS. EVANS: No, I agree with you,

17 Mr. Courtright, and, as you said, we are not

18 in charge of that. We have no power over

19 any of the individuals who made that

20 decision. They report to the mayor. He can

21 change their minds, so this issue I believe

22 is better taken to him because none of these

23 people take their marching orders from us,

24 unfortunately.

25 MS. GATELLI:
.

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1 MR. QUINN: Ozzie Quinn, President of

2 the Scranton Lackawanna County Taxpayers and

3 Citizens Association. The first thing I

4 want to say is that the Taxpayers

5 Association represents not only the city of

6 Scranton, but Lackawanna County and we have

7 a web site www.Scrantontaxpayers.org and if

8 you will scroll down on that website you

9 will see that there is a petition to get a

10 second paper in the City of Scranton. It's

11 a healthy thing, it's much needed, it's

12 related to the taxpayers because we don't

13 feel that a lot of this is being

14 investigated and all of this money being

15 spent by the city, by the school district,

16 by the county, and case in point this

17 $35 million the strong-arm SRA gives it over

18 to the parking authority, they don't have

19 two nickles to rub together, they are

20 putting things all the way out of the

21 parking meters all the way up in the hill,

22 you know, and it is just unbelievable, so we

23 do need a second newspaper,

24 Scrantontaxpayers.org and you can just click

25 on what to do.
.

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1 Okay, in regards to Judy and the

2 constitutional right to speak, I didn't

3 know, Mr. McGoff, that you were versed in

4 the law. They were really articulate

5 opinions that you gave there. Gosh, they

6 must have came from someplace.

7 Mr. Courtright, you did say that you,

8 two weeks ago, three weeks ago if I

9 presented something you would go to the

10 Courts and when I was leaving the other day

11 you said, you will reply after I'm finished

12 speaking, you mentioned two lawyers that --

13 who were they?

14 MR. COURTRIGHT: Mr. Minora wasn't

15 there at the time so his brother was taking

16 his place and Mr. Butler, was it Mr. Butler?

17 I believe Mr. Butler.

18 MR. QUINN: Why would they do it if

19 Mr. Penetar is the zoning board --

20 MR. COURTRIGHT: They were in the

21 caucus with us that evening and I asked them

22 about this.

23 MR. QUINN: Well, Mr. Penetar,

24 Attorney Penetar has been the zoning board

25 solicitor for numerous years. Now, this is
.

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1 just off the cuff, a jerk of the knee, an

2 opinion.

3 MR. COURTRIGHT: We were discussing

4 it in the caucus that evening.

5 MR. QUINN: Well, now what right do

6 they have to really discuss it?

7 MR. COURTRIGHT: I asked --

8 MR. QUINN: Give an opinion to you

9 and you agree with it.

10 MR. COURTRIGHT: I asked their

11 opinion because I'm an attorney.

12 MR. QUINN: Ask Attorney Penetar.

13 MR. COURTRIGHT: He wasn't there.

14 MR. QUINN: I think you should

15 actually get a clarification of this from

16 the Courts because those people are

17 suffering down there. They are using both

18 gates now to drive people in there, a

19 hundred trucks a day in there, and it's

20 unbelievable and you should do something and

21 if you can't stand up for the health and

22 welfare of these people shame on you people.

23 Now --

24 MR. COURTRIGHT: I certainly stand up

25 for their health, you know.
.

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1 MR. QUINN: Why you are agreeing with

2 two lawyers that are Doherty lawyers. They

3 all met with Mrs. Fanucci and her cousin,

4 what's his name?

5 MS. FANUCCI: Oz, let it go.

6 MS. QUINN: McGee. I won't let it go

7 because you didn't even --

8 MS. GATELLI: Mr. Quinn.

9 MR. QUINN: I'm not out of order,

10 Judy, so don't say I'm out of order. I'm

11 speaking on issues here. She is a cousin of

12 Mr. Keisling.

13 MS. FANUCCI: He is not my cousin.

14 He is not related to me.

15 MR. QUINN: Is your mother a second

16 cousin to her?

17 MS. FANUCCI: Pardon me?

18 MR. QUINN: What's your mother to

19 him?

20 MS. FANUCCI: It's not to him. He is

21 not even related to our family. He is

22 married into the family.

23 MR. QUINN: I have the family tree if

24 you want me to read it.

25 MS. FANUCCI: Oz, come on.
.

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1 MR. QUINN: You are a cousin and you

2 are denying it when I say it.

3 MS. FANUCCI: You are wrong. Because

4 you are wrong still.

5 MR. QUINN: You are wrong and talk

6 about spin, you are putting the spin on

7 things.

8 MS. FANUCCI: He is married to a

9 family member.

10 MR. QUINN: You should be ashamed.

11 You should be ashamed --

12 MS. FANUCCI: And he's not -- his

13 brother is married to a family member.

14 MR. QUINN: I'm speaking. You should

15 be ashamed to go down in front of those

16 people and you know that your cousin owns

17 the land and is double dipping on a KOZ --

18 MS. FANUCCI: God bless, you really

19 believe yourself.

20 MR. QUINN: Don't bless me. I don't

21 want a blessing from you.

22 MS. FANUCCI: You don't know what you

23 don't know and that's what's wonderful.

24 MR. QUINN: I don't want any

25 blessings from you, believe me. I think
.

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1 that we have to watch them. We have to do

2 something about that 35 million because of

3 the fact we have a debt -- goodbye. We have

4 a debt of approximately $300 million and

5 Mrs. Evans tells you all of the time, the

6 Doherty debt, okay? We have the school

7 district $152 million as of 2006 and they

8 want another school $60 million, without

9 what's the amortization now we are going to

10 be over $200 million, we have prorated for

11 the what 40 some thousand from the county

12 and this here loan for $35 million when you

13 amortization out it's going to be

14 $80 million. We cannot afford over a half a

15 billion dollars coming down to the Scranton

16 taxpayers. Now, let's start addressing

17 this, will you please? Judy, you are not

18 going to sit down and honestly and say that

19 you are going to get taxes to pay in August

20 to pay off this debt. Let's be realistic

21 about this. They haven't done anything you

22 said you were going to for revenue and the

23 same four people. Thank you.

24 MR. JACKOWITZ: Bill Jackowitz, South

25 Scranton resident. I was denied my right in
.

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1 violation of the Scranton Home Rule Charter,

2 Article 4, Section 407, citizens right to be

3 heard before a vote is taken. I was denied

4 that right a little earlier during the

5 meeting.

6 I heard the word pathetic again by a

7 council person. Rules of Council, do they

8 apply to council members, also, or do they

9 just apply to speakers? I hope I get an

10 answer when I am done speaking. Name

11 calling must stop, again, I just heard

12 pathetic, especially by the council

13 president and council members. A member of

14 the state legislation, a week ago I was

15 watching Channel 60, he called Governor

16 Rendell a liar and everybody laughed

17 including the speaker for the house. If

18 that had happened in Scranton Mrs. Fanucci

19 and President Gatelli would be screaming,

20 "Office, officer, officer," and the person

21 would be removed from the meeting.

22 Questions are not being answered

23 especially before a vote. Mr. McGoff, Ms.

24 Fanucci and President Gatelli, you voted for

25 the fines and penalties charges to be placed
.

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1 on delinquent tax returns. My hope is that

2 in September when the meetings return they

3 will speak publically on this matter

4 explaining to the taxpayers just what all of

5 these penalties are, who must pay them and

6 who will be receiving the monies that are

7 paid. Also, if a taxpayer cannot make these

8 payments what will happen to their property.

9 I do not want to know what has happened in

10 the past, the past 2 or 3 years, I want to

11 know when this new legislation what is going

12 to happen in the future in the present.

13 So, the three council people who

14 voted for it I respectfully request that you

15 give us a detailed explanation as to why you

16 voted, yes, when you come back in September,

17 you have plenty of time to think about it.

18 $53,000 lost tax revenue and Hill

19 Section properties. This is not a one time

20 deal, this is forever. The remaining

21 property owners and taxpayers hold onto your

22 wallets, the city is coming after you.

23 Six people killed, 37 shot and

24 wounded in 72 hours, where? In

25 Philadelphia, but, yet, Mayor Street came to
.

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1 Scranton and tried to tell us that Scranton

2 is improving and that our elected officials

3 are doing a good job. Mayor Street,

4 concentrate on Philadelphia.

5 There's going to be a free swim at

6 Nay Aug Park 28th July '07 sponsored by the

7 Scranton Lackawanna Taxpayers' Association.

8 The Minooks Lion's Club was going to sponsor

9 it, but due to the conversation they had

10 with Mr. Dougher they backed down this

11 afternoon about 12:00. Okay. Thank you

12 Mrs. Judy Nayheeley, the Shamrock Rod Gun

13 Club of Minooka and Sandone Tires of

14 Scranton for your donations.

15 Again, back on name calling, Janet

16 Evans posse. Is that going to bring us the

17 unity when council person makes that

18 statement to the newspaper, Janet Evans

19 posse plus the word pathetic that I just

20 heard about three minutes ago.

21 Also, Mrs. Fanucci, I know you are

22 not here, but could somebody advise her,

23 could she please list her accomplishments

24 since she was been on council for a year and

25 a half since she said that Janet Evans
.

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1 hasn't had any. And also, Mrs. Evans, after

2 I'm done can you please tell me who

3 subpoenaed you, was it the prosecution or

4 the defense and who were you referring to as

5 the blackman with dreadlocks in the article

6 in today's paper by staff writer Stacy

7 Brown; and, also, can someone please tell me

8 if Ms. Fanucci testified because in the

9 paper today it said at that Ms. Fanucci

10 testified. I was there, I do not believe

11 she testified, so, again, I'd like to know

12 who subpoenaed the people, was it the

13 prosecution or the defense. Thank you.

14 MS. EVANS: Mr. Jackowitz, I was

15 subpoenaed by the prosecution. The next

16 question, could you repeat that for me,

17 please?

18 MR. JACKOWITZ: Yeah, who were you

19 referring to about the blackman with

20 dreadlocks?

21 MS. EVANS: Oh, I believe Mr. Patilla

22 had asked a question if I had ever heard

23 anyone at any time refer to him by anything

24 other than his name Sam, Mr. Patilla or Sam

25 Patilla, and I said, "Yes, that black man,"
.

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1 because there are citizens who stop me on my

2 travels wherever I'm going, who will

3 indicate to me that, you know, they enjoy

4 listening to that black man or they do not

5 enjoy listening to that black man because

6 they don't know his name.

7 MR. JACKOWITZ: So those were not

8 really your words then?

9 MS. EVANS: Well, they are implying

10 something very different from what was

11 stated.

12 MS. KRAKE: Good afternoon, Council.

13 I would just like to say that what I have

14 been doing every week, reporting on the very

15 unfair law that this council passed has a

16 lot to do with what happened in 2002 when

17 this mayor first came in and he had a

18 council that never questioned anything he

19 did. It made our government very, very

20 oppressive. They didn't care to look at any

21 of the facts they just followed his

22 direction. That was very unfortunate. I

23 know since then that our past council tried

24 very hard to change a lot of the things that

25 he did, they weren't always successful, but
.

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1 if nothing else the truth came to light many

2 times, and so I would like to shed a little

3 light on why I feel we need equity and

4 accountability and why I feel that this

5 should be this council's job before they

6 just arbitrarily pass anything.

7 For example, our recovery plans, as

8 they may be, wanted us to go after any

9 delinquent taxes for a lot of reasons, one

10 of them being equity -- or two of them being

11 equity and accountability. We have never

12 gone after the delinquent wage or

13 mercantile, yet, we are punishing people for

14 real estate delinquencies arbitrarily.

15 Before you passed this law you should have

16 said, why aren't we changing those laws that

17 exist for the wage and mercantile? For

18 example, if you work out of town there is

19 nothing, nothing that requires that township

20 to -- or requires your employer to collect

21 more than what that particular township

22 collects. There is no penalty for nonfilers

23 and we don't even have a law that says you

24 must file. Think about that for one moment.

25 How much sense that would make. It's
.

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1 extremely simple. You must file a return

2 that way it can be tracked to see if anyone

3 hasn't paid. This doesn't happen. There is

4 no penalty and it's not illegal. Much, much

5 money is gone just because of this simple

6 fact. People who work outside don't file so

7 it's never collected. Owners of businesses

8 don't file so we can't track them and that's

9 never collected. Instead of filling up

10 holes in the budget with the Draconian

11 outrageous fees why aren't we doing these

12 simple tasks? Those are the questions you

13 should be asking your mayor when he sends

14 down legislation of this nature. That's all

15 I have.

16 MS. SIMMONS: Good afternoon,

17 Council, Reverend Katherine Simmons,

18 Florence Midtown Crime Watch. I came here

19 today to talk specifically about the junior

20 council, but I was surprised, President

21 Gatelli, by something that you neglected to

22 talk about today. I have sat in council

23 many times over the years and I've heard

24 council members acknowledge when a fireman

25 or a police officer has passed on, but I
.

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1 didn't hear anything today and I thought to

2 myself why is Thomas forgotten about?

3 Thomas Hoban, the one fireman who should

4 stand out in Scranton passed this week,

5 black fireman, proud. This is going to hurt

6 my community. It's going to hurt the

7 children in our church that he was forgotten

8 by you.

9 MS. EVANS: I'm so sorry, I didn't

10 know honestly, I haven't --

11 MS. SIMMONS: And that is why my

12 children are going to say, they didn't know?

13 MS. EVANS: Well, honestly --

14 MS. SIMMONS: Take the time to find

15 out.

16 MS. EVANS: I really haven't been

17 keeping up with the paper in the last ten

18 days.

19 MS. SIMMONS: Okay. Just another

20 black man gone to the heavens, but we'll

21 remember him. We will keep him in our

22 hearts.

23 And now onto junior council. Good

24 children, and they did a good thing and I

25 can talk to you Mrs. Fanucci about disabled
.

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1 people because I'm a disabled person and I

2 went up and looked at the site where they

3 wanted to place this swing set and there was

4 an excellent site, would have been easy

5 access for anybody with any disability of

6 any kind to get to the other site if you had

7 some disabilities would have been hard

8 sometimes, but you wouldn't know that

9 because you are in good health. God gave

10 you and granted you good legs so you can

11 walk and get to where you are going. I'm

12 not going to give up. I'm not going to keep

13 on the mayor because I don't think that

14 money should go back. That money was given

15 because I believed in my heart that nobody

16 thought that tree house was going to turn

17 out to be the -- well, it just wasn't going

18 to draw all of the people that it's drawing,

19 so nobody wants anybody to see disabled

20 souls around there. Oh, yeah, disabled

21 people are not an attraction at a site, we

22 know that, we have learned that over the

23 years, but I'm here to tell you disabled

24 people can fight. We know how to speak up,

25 Mayor Doherty. We're on the rise and we are
.

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1 going to get that swing by the tree house,

2 we are not ready to give up yet, so we are

3 coming and maybe we'll name that swing set

4 in name of the fireman that was forgotten

5 today because he deservers to be remembered

6 just like all of us. Thank you.

7 MS. GATELLI: On behalf of my fellow

8 council members I would like to express my

9 deepest apology that we did not know about

10 Fireman Hogan, am I saying it correctly?

11 Hoban. And I would ask that everyone stand

12 for a moment of reflection in his memory.

13 (Moment of reflection observed.)

14 MS. GATELLI: Thank you.

15 Mr. Talimini is next.

16 MR. TALIMINI: Joe Talimini,

17 Scranton. I'm here for one reason and one

18 reason only, I am very upset for the fact

19 that a very private issue was made public

20 last week and it was condoned by this

21 council. I have heard you chastise many

22 people for speaking about something which

23 was not a city business, this was a very

24 private matter, but I will say this, there

25 is an accounting available, every receipt
.

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1 from the Jonathan Clauss fundraiser is

2 available, all of the facts and figures are

3 there and we did not make any money, and I

4 find it very distressing that the biggest

5 noise is coming from the people who

6 contributed the least and it's very, very

7 annoying to me and I'm terribly sorry that

8 this has to come to be in a public forum,

9 but I do think I have to defend my honor.

10 Being prejudged for something like this is

11 absolutely ridiculous and all it did was it

12 deprived anybody else of any services

13 because I have heard from a lot of people

14 they would never ever get involved in a

15 fundraiser for anything in this town and

16 it's paradoxical that you can throw 50 and a

17 100 and $500 into a political fundraiser and

18 you couldn't do it for a kid who needed it,

19 I'm very sorry for you. Thank you.

20 MS. GATELLI: Thank you. Ron Ellman.

21 MR. ELLMAN: Hello, Council. I'm

22 going to read my notes so I don't get off on

23 my usual ramblings like I always do. I

24 might parallel a few things that was said,

25 but I wrote this a day or two ago. You
.

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1 know, the people out there stereograph

2 almost everybody here as being anti-Doherty

3 and anti this and anti that and other things

4 and when Ray Lyman gets up here and talks he

5 is trying to be like one of the good old

6 boys out here that is anti this, that and

7 the other thing he and does not speak for no

8 one. I can't find anybody that supports

9 him. He is a disgrace. And last week's

10 meeting was a disgrace, this is the third

11 time that he has disrupted meetings. It

12 seems like there is something that could be

13 done not to recognize someone that just

14 comes to council meetings and just wants to

15 have chaos with him. Well, that's enough

16 about him, I get all mad when I talk about

17 him and we had some words after the meeting

18 all the way down the steps out to the

19 street. And I hope we can -- to change the

20 subject, the illegal plant on Dickson Street

21 is not shoved under the carpets like it's

22 trying to be done and I hope Mr. Hubbard and

23 the rest of the people keep on the subject,

24 I believe this is Mr. Doherty's Achille's

25 heel that there is just nothing legal about
.

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1 this plant, there is just no way in the

2 world it helps this city. It's -- it's

3 polluting it, it doesn't pay for nothing,

4 it's KOZ, it's built a KOZ and the man has

5 another KOZ so how can we benefit from an

6 illegal plant like this? Don't you guys

7 give up one bit. Don't back down any. You

8 know, I'm not really involved.

9 When I was a little boy my maid was

10 always spanking me for something and she

11 said what's right is right and what's wrong

12 is wrong. This plant is wrong and the

13 support of it is wrong. A mayor should be a

14 competent professional, not a foolish

15 rheologist at the taxpayers expense running

16 experiments and that's what we are doing, we

17 are just experimenting with KOZ and we are

18 giving it to houses and a bunch of bars and

19 restaurants, we are making people wealth at

20 taxpayers' expense, it's got to end.

21 Our present mayor has lost the

22 ability to, and maybe he never had it, to

23 value -- to perceive the value of his

24 consequences with all this giving away.

25 There is millions of dollars is supposed to
.

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1 be in a park, it's nothing but trees. I've

2 been going to that park for 30 years, it

3 doesn't look any different. I'm talking

4 about millions of dollars worth. We are

5 broke and all we talk about is the

6 extravagance around here, it just never

7 ends, you know?

8 I heard that last -- two weeks ago

9 at the taxpayers' meeting they said that we

10 are 46 new jobs created and the parole in

11 the city is 11 million dollars. I'd like to

12 see 46 jobs worth of street repairs or I'd

13 like to see any kind of benefit from 46 new

14 jobs. I've call Mr. Seitzinger 100 times

15 about abandoned cars and nothing was ever

16 done, he never got nothing done. Nothing.

17 Now, what did we need him for? I went to

18 Mr. Hayes' office about putting up a lousy

19 stop sign on North Main Avenue and I was

20 told they would not impede the flow of

21 traffic. Cars go by my house 60, 80 miles

22 an hour and he doesn't want to impede the

23 flow of traffic. You know, that's the kind

24 of people we got in this administration.

25 To change the subject a little bit,
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1 have you all ever watched this mayor enter a

2 room? I'm not invited to his social

3 functions, of course, but I have seen him on

4 television with his own peers and supporters

5 he enters a room, he only talks to people he

6 likes. That's how he treats this whole city

7 as far as I'm concerned. You know, I was

8 sitting at the bench reading a paper at the

9 grocery store one time and Mr. Connors came

10 with his wife and sat down next to me and we

11 talked like two people knowing each other

12 for years. I saw Mr. Connors at several

13 funerals I went to, he was a person for the

14 people for getting his political, you know,

15 the political aspect of it. This man is

16 arrogant and aloof and is so unfriendly it's

17 just not mayor material. And putting back

18 three minutes is a terrible mistake to do to

19 the people of this city. We went through

20 it, all you are trying to do is punish the

21 rest of us for Lyman's conduct last week.

22 MR. COURTRIGHT: Thank you, Mr.

23 Ellman. Jim Davis. Mr. Davis?

24 MR. DAVIS: Salaam aleikam. I thank

25 Sister Simmons for getting up here and
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1 apprising us of a great loss that we had in

2 the community. Tom Hoban, Jr., was -- his

3 father was a saxophone player and he was

4 also a waiter down at the Casey Hotel. As a

5 matter of fact, he taught me how to wait

6 tables. He had a lot -- he was a part of

7 the family. There was a family in Scranton

8 that emanated from the Pine Street Baptist

9 Church and we worked in the hotels and we

10 worked every where we could work at in order

11 to make a living and Tom Hoban left Scranton

12 after high school and went into the Air

13 Force. I went into the Army. I ran into

14 him in Tokyo, it was the weirdest setup you

15 have ever seen in your life, but here is two

16 guys who with were raised together literally

17 and were running into each other at a

18 basketball game in Tokyo. Tom was a

19 gentleman's gentleman. We have lost two men

20 out of our community who served this

21 community honorably their entire lives, and

22 I just wanted to say this to the kids out

23 there, all you minority kids out there, all

24 of you kids that are not minorities, look

25 towards a job in the fire department. These
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1 people are respected, but they deserve

2 respect because they carry themselves in

3 very respectful ways. You don't hear about

4 a fireman beating anybody over a head with a

5 bottle or anything like that because they

6 don't act that way, so I'm asking if there

7 is any kid out there that would like to

8 become a firemen, that would like to become

9 a policeman, contact me, get in touch with

10 me, there is all kinds of ways you can get

11 in touch with me. My address is Post Office

12 Box 401, Scranton, Pennsylvania, 18501,

13 write me any time you want, let me try and

14 help you, let us, because I have a group of

15 people that work with me and we are all out

16 there looking for you, also. We are trying

17 to protect you in every way that we can,

18 that's the reason why we come here so we can

19 try and protect you from them doing things

20 that's going to harm them and going to harm

21 you.

22 I heard Mr. McGoff talk about

23 something that really brought back a pain in

24 any eyes. In 1996, 1996, the last person

25 who lost her property to the City of
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1 Scranton was my aunt Thelma, Miss Thelma

2 Franklin. She owned a property at the 1300

3 block of Linden Street, and Miss Judy

4 Gatelli was the person who worked for the

5 community development who came into our

6 apartment, came into our house and accused

7 my aunt Thelma of drug dealing, but it

8 wasn't her at all. There was two people who

9 were renting there who they had arrested

10 before they came there, sat them down and

11 then accused my aunt Thelma of having drugs

12 in the house. They happened to have been

13 where the two people were sitting, but they

14 had left by the time -- when the police came

15 into the building they went upstairs. I

16 have seen this. We tried to -- and Judy

17 Gatelli said, "Put the cuffs on them."

18 Now, I'm sorry she is not here to --

19 MR. COURTRIGHT: Again, I don't know

20 where you are going with this, Mr. Davis.

21 MR. DAVIS: I'm just saying that we

22 have lost properties in Scranton over the

23 years for such a thing as not paying taxes

24 or because of erroneous -- when the city

25 wanted your property in the Hill Section you
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1 are gone. There was no if's, and's and

2 but's about it. If you owned property if

3 you owed any kind of tax liens or anything

4 else like that they would make sure to take

5 it. If you can't get the money up it was

6 gone, and every single black family that I

7 know that lived in the Hill section lost

8 their properties to the City of Scranton and

9 the school board on liens. Don't trust my

10 word for it, check is out. I wouldn't lie

11 to you. I have no reason to. I sit here

12 day after day wondering if and when -- now

13 you are going to change it to Tuesday at

14 6:30, what is wrong, Mr. McGoff? What is

15 wrong with your schedule after all of these

16 years of having the schedule of Thursday at

17 7:00 because people work, they get off from

18 work, they get here. Why do we have to

19 change now? Why is -- you have another

20 commitment that you would rather keep?

21 Please, I mean, seriously.

22 MR. COURTRIGHT: Your time is up

23 there, Mr. Davis.

24 MR. DAVIS: Well, you told us you

25 could speak on this later on.
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1 MR. COURTRIGHT: You were already

2 afforded the opportunity to speak on 5-A.

3 Mr. Morgan. Lee Morgan.

4 MR. MORGAN: Good afternoon, Council.

5 I wanted to speak before on the agenda--

6 MR. COURTRIGHT: Can you just say

7 your name for the record, please?

8 MR. MORGAN: Yes. My name is Lee

9 Morgan.

10 MR. COURTRIGHT: Thank you.

11 MR. MORGAN: I wanted to speak before

12 on the agenda about increasing the length I

13 would assume to pay the sewer authorities

14 time to like 50 some years I believe it is

15 of their charter I believe at this time at

16 2033. I took Mr. Douglas Miller with me, we

17 went and we sat down and we spoke with

18 Mr. Barrett of the charter because when it

19 came on the agenda I said, "Doug, let's go

20 down, I want to teach you something, I want

21 to show you something about city government,

22 come on, let's go down and talk to this

23 gentleman," so I took him with me, because I

24 think it's important to teach the junior

25 council all you can just not your
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1 perspective, but the perspective of the

2 citizens here and we spoke to this

3 gentleman. There is plenty of time in the

4 present charter to meet all of their

5 borrowing at this point, so there was really

6 no reason, that's why I wanted to speak from

7 upstairs there before the vote, there was no

8 reason for this extension, okay, absolutely

9 none, and you voted on something without the

10 necessary knowledge and now, nothing

11 personal, Mr. Courtright, but now you are

12 asking questions after the vote. You don't

13 ask for information after you have a vote

14 and give somebody something and then say,

15 "Well, let's have information after we do

16 it," the important thing is to have it first

17 and that has to do with this whole council.

18 This whole council votes on things once

19 again with no information.

20 Now, in regard to the swing set with

21 Mr. Douglas Miller and the rest of junior

22 council I hope that they would hold those

23 funds termporarily at this point, okay? I

24 went to the Scranton Recreational Authority

25 as a representative of the Scranton
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1 Lackawanna County Taxpayers and Citizens

2 Association. Mr. Maranuchi was there and

3 Mr. Brazil was there. I stated that the tax

4 group, and the citizens of Lackawanna

5 County, which we represent, wanted that

6 swing set placed across from the handicapped

7 tree house. Not only did we do that, but we

8 went up -- and I went up personally and

9 spoke with people who were using the

10 handicapped tree house and asked them where

11 they thought this swing set should be

12 placed. They all said across from the tree

13 house. They can't understand the

14 controversy, and then I stated, as I stated

15 to Mr. Brazil, Mr. Maranuchi and the others

16 from the Recreational Authority, that the

17 Scranton Lackawanna County Taxpayers and

18 Citizens Association also felt the ten

19 parking spaces adjacent to the tree house

20 should be designated handicapped so that the

21 people who would like to use that tree house

22 and that swing set would have access. Now,

23 initially the mayor was on board for this

24 project, but when went to the recreational

25 authority Mr. Brazil stated that it didn't
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1 matter what anybody wanted because the

2 junior council's plans did not fit with the

3 revised ideas for the park that the mayor

4 had come to. Now, I can't understand how

5 the mayor can support something one day,

6 tell junior council to go out and do

7 something and then remove support from that

8 project. It's absolutely terrible to do

9 that, okay? I just can't understand that

10 and I also can't understand why this

11 council, the five representatives here at

12 this council have an obligation to all of

13 the citizens in this city, including the

14 handicapped, because, you know, you are

15 standing here talking about access and

16 inclusion, well, that is access and

17 inclusion, okay? They need that access to

18 that. This council should include them in

19 their thoughts. We don't need no move that

20 tree house where that ---- I mean, that

21 swing set where they plan to move it because

22 I looked at that site myself two days ago

23 with Doug Miller, it's an absolute joke, all

24 right? It's just a crime that this council

25 fails to realize the obligation that it has
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1 to all of it's citizens as we preach as if

2 we care about them. So, what I would say to

3 this council is go down and talk to the

4 mayor and say, look at it your Honor or

5 Mr. Mayor or however you care to address

6 him, we need to reconsider this issue. We

7 need to have junior council reconsider their

8 position, we need the mayor to reconsider

9 his position, and we need to consider the

10 handicapped people which are going to have

11 access to that swing set and put politics

12 out of this, and that's where it was with

13 Mr. Maranuchi. Mr. Maranuchi looked for

14 nothing but a fight when I attended that

15 meeting. Bickering isn't getting us

16 anywhere. It's time for this council to go

17 downstairs, talk with the mayor, go talk

18 with Mr. Dougher now, okay? And the other

19 problem I have is why did the Minooka Lion's

20 Club withdraw from support of free swimming

21 supposedly after a conversation with

22 Mr. Dougher? I can't understand that. Now,

23 I grew up with Mr. Dougher as a child so I

24 don't know if that's an accurate statement

25 or not, but you know something, we all have
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1 -- we all have a debt to these children and

2 this city doesn't do enough for the children

3 of this city, I'm going to tell you that

4 right now. We asked a lot of things, but we

5 need to consider everything. Thank you.

6 MS. GATELLI: Mary Ann Owens.

7 MS. OWENS: Mary Ann Owens, Jonathan

8 Clauss' aunt. I'd just like to say that the

9 fundraiser that Scranton at large had we did

10 have such an enjoyable time, it was great,

11 but I think when we spent $240 of our money

12 I could have given it right to Jonathan. I

13 was promised a week later that I would get a

14 phone call. No phone call. None

15 whatsoever.

16 MS. GATELLI: Mrs. Owens, I'm going

17 to ask Attorney Minora, I did hear

18 Mr. Talimini talk about it before, I'm not

19 sure either that it's city business.

20 MS. OWENS: Okay.

21 MS. GATELLI: Although it was

22 mentioned here on numerous occasions about

23 this fundraiser it sort of became city

24 business because we are all involved with

25 it.
.

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1 MS. OWENS: Right.

2 MS. GATELLI: But I don't want to

3 infringe on someone else's criminal activity

4 or their rights as a citizen or whatever

5 because that might be involved here and I

6 don't know that we should get involved,

7 Attorney Minora. It was a fundraiser and

8 she is alleging, you know, so I don't know

9 if we should talk about it.

10 MR. MINORA: You know, it's probably

11 not good to make it a public issue.

12 MS. OWENS: Right.

13 MR. MINOR: It's something that ought

14 to be brought for authorities for proper

15 investigation and --

16 MS. OWENS: Okay, I understand it.

17 MR. MINORA: And most investigations

18 are better kept confidential until they are

19 completed.

20 MS. OWENS: Sure.

21 MS. GATELLI: And we have all helped

22 Jonathan and supported him in his endeavors

23 and we will continue as a council to do

24 that.

25 MS. OWENS: Right, that's fine.
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1 MS. GATELLI: So whatever you need.

2 MS. OWENS: One thought, nothing

3 totally different, but regarding handicapped

4 accessible, why don't they ask the kids

5 where they would like the swing set. They

6 are going to use the swing set, why don't

7 the kids have a say in where they would like

8 the swing set. Also, there is a program

9 and, yes, brothers and sisters with a

10 handicapped brother and sister get along.

11 There is a program now because many of the

12 students that are handicapped don't -- the

13 kids don't know how to approach them and

14 that happens in school, and independent

15 living has a program to teach all ages how

16 to interact with them, and maybe that's one

17 reason why they don't want that inclusion

18 because they don't know how. Yes, brothers

19 and sisters are there all of the time with

20 them and, no, you know, understand what they

21 are going through, but some people just

22 can't accept what happened to their friend.

23 I, don't know, but maybe, you know, they

24 should ask the handicapped children where

25 they would like it best.
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1 MS. GATELLI: That's a great idea.

2 Thank you for bringing that up.

3 MS. OWENS: Oh, one more. That

4 Bradshaw I would like to donate and

5 volunteer so --

6 MS. GATELLI: Give your name and

7 phone number later to Neil.

8 MS. OWENS: Okay.

9 MS. GATELLI: Jonathan, why don't

10 you come up so everyone on TV can see you.

11 I'm not sure that they have all seen you.

12 Jonathan is a student at West Scranton High

13 School, with his mother Susan. Can you take

14 that microphone down, Neil, to reach him?

15 Maybe you can put it on the side.

16 MR. CLAUSS: Jonathan Clauss, I'm a

17 senior at West Scranton High School and -- I

18 don't know what to say.

19 MS. EVANS: Well, we are thrilled

20 that you are here, Jonathan. Where do you

21 think the swing sets should go?

22 MS. CLAUSS: Just so it would be

23 easier to get to I guess.

24 MS. EVANS: Yes.

25 MR. CLAUSS: I'd like where it would
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1 just be easier to get to.

2 MS. EVANS: I think that's a very

3 wise statement.

4 MR. CLAUSS: I never could tell where

5 it was supposed to go in the first place,

6 so, I don't know.

7 MS. GATELLI: Thank you. Mrs.

8 Clauss, you're a speaker.

9 MS. CLAUSS: Hi, my name is Susan

10 Clauss, I'm Jonathan Clauss' mother. About

11 this swing set, I think it should be along

12 with the other kids swing sets, the

13 quote/unquote with the normal kids. They

14 are just all kids. In my experience as

15 being a mother of a handicapped child plus I

16 have two younger ones it's good to see, how

17 can I say it, from all playing together and

18 it's most important that walking children

19 that have no disability be able to just

20 better understand handicapped children

21 because that's a big thing that I have

22 learned, that many children veer away from

23 handicapped children so if you put them

24 altogether they will actually have a better

25 understanding, they will be more -- you will
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1 have better friendships because it shouldn't

2 stop, oh, stay away from child, you don't

3 know what that child has, you know. I mean,

4 a lot of kids just -- kids are kids. They

5 accept ability or nonability, they are just

6 kids and you they should be altogether and

7 make a prider world because they are

8 accepting no matter what abilities. And my

9 younger son has proved to me, he is 13 years

10 old, and his best friend is a paralyzed boy

11 that he has met at West Scranton

12 Intermediate and he has accepted him with

13 open arms and open heart for who he is

14 inside not for his outer shell or his

15 disability, and the kids sure get together

16 and bring that -- bring everything together.

17 You know, the kids can show us the way if

18 you let them show us because they will be

19 friends with anybody, they just want to play

20 and be happy and be safe. I think that's --

21 I mean, you should really put everything

22 together, make it a community playground and

23 let the kids be kids. Jonathan loves to be

24 with his brother and sister and for the

25 first time in three years my son actually
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1 went swimming with his brother and sister,

2 and I can't say anymore, I still cry even

3 now, but it was something that I never

4 thought would happen and it happened.

5 We should make the pools accessible.

6 Handicapped children can go swimming, they

7 can do anything that quote/unquote normal

8 kids can do. You just have to give them a

9 little bit of help and the equipment to do

10 it and that's what we should bring here to

11 Scranton to make this city the handicap

12 friendly accessible city and I think with

13 the agencies around here that we already

14 have it would be a good idea to bring more

15 places and try to put something in every

16 playground for a handicapped child then you

17 cannot -- their parents may not have the

18 ability to get up into Nay Aug and that's

19 something for future thought. Thank you.

20 MS. GATELLI: Thank you. Charlie

21 Newcomb.

22 MR. NEWCOMB: Good afternoon, City

23 Council, all members, a few comments, and

24 maybe a question. I'd like to clear up some

25 of these what I say are conspiracies that
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1 are out there. I believe I heard

2 Mrs. Shumaker in the back talking about

3 something that happened to my son awhile

4 back which is all public knowledge, it was

5 all in the newspaper. You know, these

6 website people think that there is a

7 conspiracy and we were offered all kind of

8 deals, let me tell you something, the only

9 reason why my son hasn't been back here is

10 because he works a job, unlike some people

11 that come to the podium here and they tell

12 you they are taxpayers and everything else,

13 but when you really investigate them and

14 what they do for a living and how much taxes

15 they pay you would be surprised. He has a

16 job that takes him well into Thursday nights

17 out of town after 7:00 so that's the reason

18 why -- and he works during the day, that's

19 the reason why he is not here.

20 As far as it goes with any kind of

21 deals, nobody offered us anything, he went

22 through the system like anybody else did and

23 he is paying his whatever he was ordered to

24 pay by the Courts and there was a comment

25 made yesterday and I that a read a police
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1 report, nobody gave me anything in advance.

2 I read nothing and I remembered it from what

3 I said up here. I believe the whole day

4 yesterday was a six-hour charade, it could

5 have ended in ten minutes, all you had to do

6 was look at the tape and my statement on the

7 whole thing is some wise made a statement

8 that said, "Any man that represents himself

9 has a fool for a client," and I think

10 yesterday turned out to be one of these

11 six-hour --

12 MS. GATELLI: Excuse me, Mr. Newcomb,

13 I'm not sure that we should be discussing a

14 case that's in litigation, you know --

15 MR. NEWCOMB: Ill stop. I was just

16 discussing it because the transcripts are

17 going to come out anyway.

18 MS. GATELLI: Well, when they come

19 out they can be discussed in the proper

20 forum, but I don't think we should talk

21 about it at council; is that correct,

22 Mr. Minora?

23 MR. MINORA: Well, it's in Court,

24 there's a judge making a decision and I

25 think that's really what counts, not what we
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1 all say here, so it's not really the proper

2 forum.

3 MR. NEWCOMB: Okay, I apologize.

4 Just a question about delinquent taxes and I

5 do agree that these fees are pretty

6 exorbitant, but on our bills that we get I

7 believe it says taxes are not delinquent

8 until I believe it's the 31st of the year,

9 like the end of the year, so my question to

10 anybody up there if they can answer them

11 from January 1 of any year, let's say 2007,

12 until December 31 of 2007, and like the

13 gentleman spoke before, you know, the city

14 tax is like $300, not the thousands of

15 dollars when you look at your county and

16 your school, from the 1st of January until

17 the 31st of December, if anybody up there

18 can answer this, if your taxes are paid in

19 this amount of time how much are these fees

20 would you pay?

21 MS. GATELLI: I believe zero.

22 MR. NEWCOMB: Correct. So the moral

23 of the story is we only have the problem

24 when our taxes are not paid, and I know

25 there was some talk here about amnesty in
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1 the past and Mr. Quinn stated himself about,

2 you know, we should have an amnesty, but as

3 you stated today, you know, how is a tax

4 base going to pay all of these bills so I

5 don't know if an amnesty would be fair for

6 all of the people that all of the people

7 that have lived in the city their whole life

8 and have been struggling, you know, to pay

9 their taxes. People on social security,

10 people on fixed incomes and just families

11 that work and don't make a lot of money, so

12 I think we really do have to work at the

13 only time that fees are going to be a burden

14 on people is when they don't pay their taxes

15 and they carry on from year to year, so I

16 just hope -- that's all I really have today

17 and I was going to ask a question on if that

18 money was deposited in Citizens Bank, but

19 that's off the board right now, so the only

20 thing I want to say is have a good summer

21 and have a safe August and we'll see

22 everybody in September. Thank you.

23 MS. GATELLI: Thank you. Mr. Dobson?

24 I think he left. I'm not sure. Is he out

25 there? No. How about Jim Stuckard.
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1 MR. STUCKARD: They fixed the barber

2 shop next to the bar, there is a high grass

3 the city is supposed to take care of it and

4 I have been doing it myself, I did it twice

5 a couple of times between the bar and the

6 restaurant, the pizza -- the barber shop on

7 Providence Square Road, Market Street next

8 to Murphy's Bar there is a little piece of

9 yard on each side of the bar, it's getting

10 pretty high. Maybe get one of the city guys

11 to come over and do it or pay me I can do

12 it.

13 MS. EVANS: Okay, we'll try.

14 MR. STUCKARD: Okay. We have a -- we

15 need a light on Church Avenue.

16 Mr. Courtright told me yesterday --

17 Mr. Courtright told we had to get a petition

18 put up for a light.

19 MS. GATELLI: A petition for a

20 light.

21 MR. COURTRIGHT: I'm sorry, Jim,

22 what did I ask you?

23 MR. STUCKARD: Remember you went over

24 and we had our sign put up on the pole.

25 MR. COURTRIGHT: Right.
.

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1 MR. STUCKARD: And I think you told

2 me two weeks ago or three weeks ago we had

3 to get a petition put up for a light on a

4 pole.

5 MR. COURTRIGHT: If you want to get a

6 light you have to get a petition, yes.

7 MR. STUCKARD: Well, how come the

8 lady next door to us, I feel why the lady

9 right next door to us got a pole in front of

10 the house with no petition. She got a pole

11 and a light. She got a pole and put on her

12 house.

13 MR. COURTRIGHT: With a light?

14 MR. STUCKARD: With a light.

15 MR. COURTRIGHT: I don't know, Jim,

16 give me the address and we'll check it out.

17 You need a petition though to get the light.

18 MS. GATELLI: Unless you put it up

19 yourself. I know people that have put them

20 up themselves.

21 MR. COURTRIGHT: Did she put it up

22 herself, Jim?

23 MR. STUCKARD: She had the pole put

24 up.

25 MS. COURTRIGHT: Maybe she paid for
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1 it herself.

2 MR. STUCKARD: She had no petition to

3 put a pole up.

4 MR. COURTRIGHT: If she did it

5 herself, Jim, she could --

6 MR. STUCKARD: No.

7 MR. COURTRIGHT: The city did it?

8 MR. STUCKARD: Yeah.

9 MR. COURTRIGHT: Well, just give Neil

10 the address and we'll check it out for you,

11 okay?

12 MR. STUCKARD: It's at Church Avenue.

13 MR. COURTRIGHT: Well, don't say it

14 now, just give to Neil, okay?

15 MR. STUCKARD: What about that house

16 on Greenridge Street, are you going to have

17 something to do with that? Is the city

18 going to take it down or --

19 MR. COURTRIGHT: You got to give me

20 the address, Jim, because I don't know --

21 MR. STUCKARD: It's right next to

22 McGinty's Bar, next door to McGinty's.

23 MR. COURTRIGHT: All right, don't

24 say it on the air, but get the address and

25 then give it Neil and then we'll take a look
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1 at it, okay? All right?

2 MR. STUCKARD: Okay.

3 MR. COURTRIGHT: Thank you.

4 MR. STUCKARD: And I feel sorry for

5 that kid who was in the fire.

6 MS. GATELLI: Yes.

7 MR. COURTRIGHT: So do we in.

8 MS. GATELLI: Go to the party, it's

9 on August 25.

10 MR. STUCKARD: Yes, I was just there,

11 not the fire, I went by yesterday and it was

12 pretty bad, the back of it, so I feel sorry

13 for the kid.

14 MS. GATELLI: Okay. Thanks, Jim.

15 MR. STUCKARD: And, Mr. Courtright, I

16 got another scooter, another one.

17 MR. COURTRIGHT: Don't ride it on

18 the road, right? You are not allowed to

19 ride it on the road that's why they made you

20 get rid of your last one, remember?

21 MR. STUCKARD: Well, there is no

22 license plate on it so I can still ride it

23 on the road to the cops, down a couple of

24 blocks.

25 MR. COURTRIGHT: Jim, you can't ride
.

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1 it on the road. That's why they made you

2 get rid of the last one, remember?

3 MS. GATELLI: You better watch,

4 Mr. Courtright will take this one, too.

5 MR. STUCKARD: Yeah. No. And I work

6 for the N & G Company, I work for them and

7 he gave me two scooters.

8 MR. COURTRIGHT: Well, that's good,

9 I'm glad for you. That was nice of him.

10 MS. GATELLI: Don't ride it on the

11 street.

12 MS. COURTRIGHT: Okay, be careful.

13 MS. GATELLI: Have a good summer, be

14 careful.

15 MR. COURTRIGHT: Thank you.

16 MS. GATELLI: Anyone else care to

17 speak before council? Come up, sir. Go

18 ahead, Mr. Patilla, you can go. If anyone

19 else cares to speak move over.

20 MR. PATILLA: Sam Patilla, Scranton

21 resident, Scranton taxpayer, Scranton

22 homeowner. Mrs. Evans, I wasn't going to

23 speak today because the judge told me to

24 stay out of trouble and I took that as

25 staying in my house and not coming out
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1 unless I got 20 people around me, a

2 microphone and a camera, but after I heard

3 that comment about the question I asked you,

4 all right, I just want people to know I

5 don't care how they feel about me, but I'm

6 behind you 110 percent, okay? And I will

7 not let anybody try to duplicitous you

8 anything other than for the people, of the

9 people and 100 percent taxpayer first

10 person, and for that I respect you and I

11 commend you for that.

12 Secondly, in regard to whatever

13 article was written in that newspaper, I

14 didn't read that newspaper, I don't tune

15 into Channel 16, as you know, me and the

16 microphone, all right? The only two, let me

17 clarify this because it has been brought up,

18 the only two witnesses for the prosecution

19 were Ms. Gatelli and Mr. Newcomb, all right?

20 The prosecutor saw fit after their testimony

21 not to call anymore witnesses, okay? So,

22 you can take that, you know, and take that

23 to the bank.

24 Now, the statement was made earlier

25 as far as amnesty, okay? This is amnesty
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1 101. If amnesty is adopted it's treated

2 just like a write-off meaning that

3 delinquent amount is zeroed out from the

4 book thus lowering your total amount due so

5 the taxpayers do benefit from amnesty, you

6 know, that's accounting 101.

7 And, secondly, in regards to the

8 sewer authority, you know, it really is

9 outlandish to float a bond 20 years past the

10 actual maturity of which the loan becomes

11 due. You know, I hear people crying about

12 sanctions, nobody cried about not

13 sanctioning the mayor when he violates the

14 Sunshine Act, the Recovery Plan and the Home

15 Rule Charter. The Sewer Authority and the

16 City of Scranton had plenty of time to abide

17 by the guidelines that were imposed upon the

18 Scranton Sewer Authority, all right? It's

19 just like Ms. Evans and you yourself said,

20 Mr. Courtright, we have no accountable, no

21 authority over those authorities, but yet

22 still they can run through our money like

23 it's their's. That has to stop. They make

24 a bill, let them pay it. The easiest way to

25 do that is to lower the salaries in
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1 administration. All right? This doesn't

2 take rocket science to understand. You

3 tighten your belt, you start at the top, you

4 don't start at the bottom. You get rid some

5 of those jobs that Doherty created. You

6 recall those raises that he gave to

7 unqualified people. Those are the only

8 qualified people that's why the city is in

9 the position it is because we don't have

10 qualified people in the positions that they

11 should be, so if a job requires a diploma or

12 requires certification that is important.

13 As far as the handicapped swing set at

14 Nay Aug Park, all right, like I said, I

15 wasn't coming until I heard the idiotic

16 comments made about Miss Evans, everybody

17 has forgotten what that young man stated, it

18 was difficult, it is difficult for them

19 parents to get those handicapped kids, those

20 handicapped adults, those handicapped young

21 people from point A to point B. I was at

22 the original meeting when I sat in the -- I

23 said it before, when they voted on the fees

24 for the pool where these three same

25 individuals told that young man and
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1 Mr. Bolus and Lee Morgan that they had that

2 site picked out already so this is not new,

3 the site that they told them they want to

4 put that swing set up they didn't mention

5 that site then because the corporate sponsor

6 or whoever is putting money into Nay Aug

7 Park in that area has locks on that area, so

8 let's get the truth out there, that's why

9 they don't want that swing set there. And

10 going back to what he said, the most

11 important part is if you are going to put

12 that swing set in the area that they want it

13 in you have to make it accessible, okay?

14 The parents have to be able to get the kids

15 there, the handicapped people have to get

16 the kids there. Nobody is sitting there and

17 they're not -- you fail to listen to the

18 small words, all right, and most times than

19 not those little words, those two letter

20 words carry more weight than the $50 word.

21 When I was in college I had to tell one of

22 my professors stop speaking to your students

23 like they are road scholars. Speak to them

24 like they are undergraduates, like they are

25 fresh from high school and they will
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1 understand you and they will be able to

2 relate to you. That's why I speak the way I

3 speak because I'm not trying to influence

4 somebody who is already there. I'm trying

5 to make somebody who is not there or trying

6 to get there aware of how to get there. You

7 have to fight for the citizens, not fight

8 for corporate America, not fight for your

9 mayor, you have to fight for citizens, the

10 once that pay your paychecks.

11 MS. GATELLI: Thank you.

12 MR. MITCHELL: Hi. I'm Mike

13 Mitchell from Center City in Scranton,

14 Pennsylvania, and I'm a little unhappy

15 because I have lived here for over 20 years

16 and have never attended a council meeting

17 until now and I wish I had come before this.

18 I have lived here about 18 years, I'm not

19 originally from here, I live in center city

20 Scranton. It's come to my attention that

21 certain members of the council have been

22 shouted at and personally I know how they

23 feel. In public I'm being shouted at and

24 it's not pleasant, and I know I have made

25 certain mistakes in my life, but what I'm
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1 trying to share today is, you know, if you

2 shout at someone and try to silence someone

3 they will never be a convert to your

4 viewpoints, and I think it's time for

5 Scranton to return to civility and allow

6 inclusion in Scranton. And what -- I'd like

7 to thank each member for allowing me to come

8 here and speak today and thank you very

9 much.

10 MS. GATELLI: Thank you.

11 MR. LORI: Good afternoon, Council.

12 My name is Paul Lori and as a current

13 college student who is planning a future in

14 this city, I have been sitting here for a

15 few weeks now at council meetings just

16 trying to get a good breast of what is going

17 on in the city and in the environment. I

18 want to make a comment, Mrs. Evans, what she

19 said early about the University of

20 Scranton's takeover at Mulberry Street and

21 the 19 properties or whatever that we are

22 losing from the tax roles in this city and I

23 thought it was a little bit unusual the

24 University of Scranton only provides the

25 city with a little over $100,000 a, year
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1 although, she was saying that other

2 communities receive a million or more for

3 that same, you know, loss of tax rolls.

4 Now, also in other communities, I was

5 thinking of maybe you guys could draft a

6 letter together to send to the college, we

7 have a big problem in the city with the

8 colleges, a lot of students aren't staying

9 after college, I know the University of

10 Scranton probably about half, if not more,

11 come from out-of-state and then they leave

12 as soon as they get their degree. A lot of

13 my friends I graduated from high school with

14 just two years ago they are already waiting

15 to get out of the city, waiting to get out

16 of the area. Now, some colleges do offer

17 incentives to, you know, offer a free year

18 of tuition in exchange for a student

19 agreeing possibly to stay in the city or in

20 the area for a certain number of years after

21 graduation to try to help the community to

22 build up the tax base a bit. I believe that

23 was being tacked on with the medical school

24 for the first class, possibly getting free

25 tuition for a year or the entire time. My
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1 cousin was investigating that possibly as a

2 premed major and going back and staying in

3 the city for a few years, and I thought it

4 might be good for the University to put it's

5 money where it's mouth it basically. They

6 say how much of a contributor they are to

7 the city and how they want to see it move

8 forward and whatnot, if somehow they can be

9 convinced to offer students the option of,

10 you know, having a year of free tuition or

11 maybe even more if they agree to stay in the

12 city for a certain time after their

13 graduation or receive their degree, because

14 this is going to be a trickle down effect.

15 I mean, they can convince more students to

16 stay with their degree in the area, and the

17 city more specifically, obviously, and of

18 course our census statistics a lot more --

19 the higher percentage of adults in the city

20 with college graduates and when you look at

21 the census, you know, it's not only

22 individuals looking at this it's perspective

23 employers that will be looking at this, if

24 they see, you know, we have a more highly

25 skilled work force living in the city they
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1 might want to move better paying jobs to our

2 city which will improve our economy and, you

3 know, there is a lot of trickle down things

4 to look at with possibly just a college

5 endowment fund that has offering such a

6 program to a student and getting more people

7 to stay in the city. And also, you know,

8 just for the city itself if all of these

9 students went out to then to find properties

10 to live in with the city so they could

11 possibly put neglected -- put renovations

12 and improve property values of neighboring

13 -- throughout the neighborhoods and, just

14 give you really an idea if council to get

15 together and issue a letter just suggesting

16 something like that to the University, like,

17 since you only contribute so little to the

18 city in terms of -- in lieu of the taxes

19 that are lost, instead of, you know, asking

20 initially just for more money if they could

21 offer us a program to get more students to

22 stay in the city which I think would just in

23 the long-term benefit us more. Thank you.

24 MS. GATELLI: Thank you. That's an

25 excellent idea. Mrs. Shumaker.
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1 MS. SHUMAKER: Marie Shumaker.

2 Originally I wasn't going to speak tonight,

3 but with the two motions that you are about

4 to vote on I decided to speak and also that

5 maneuver with moving three pieces of

6 legislation through two orders of business

7 on one day I don't know how that comports

8 with saying citizens have three strikes to

9 get their butts here and make a comment. I

10 mean, it is summertime, a lot of people go

11 away for two weeks is not an atypical

12 vacation I don't think, so if somebody went

13 off on vacation and they couldn't comment

14 last week and they couldn't comment this

15 week and they think perhaps they are going

16 to be able to comment at the first meeting

17 when you return from your vacation, forget

18 it, you already passed them through two

19 orders of business on the same day. The

20 same -- yeah, on the same day, so really

21 there is only two chances on this one, just

22 like the one on the horrendous legislation

23 on the liens. A lot of people didn't get to

24 talk on that because I think there were

25 three speakers and then the meeting was
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1 adjourned. How can you call that an

2 opportunity to speak? I don't think that

3 was a --that was a missed opportunity for a

4 lot of people, so I really think you have to

5 rethink and people have to be given their

6 three chances to speak if that's the way

7 it's going to be. You can't compress them

8 or deny them the opportunity on one of those

9 nights and count it as a good endeavor.

10 I would like to speak on changing

11 the time of the day of the meeting. Now,

12 back when I was a pup, and this may not be

13 true anymore because I don't follow high

14 school sports anymore, but I know basketball

15 games used to be on Tuesday and Friday

16 nights, so essentially by moving the

17 meetings from a Thursday to a Tuesday night

18 you are denying parents who want to be

19 involved in their high school children's

20 sports programs to not attend council

21 meetings, and I don't think -- I think you

22 are excluding a large amount there. I know

23 my parents with us, so that would have been,

24 you know, four when I was growing up. They

25 attended every single basketball game with
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1 us and I don't think that's right. I think

2 it should be a night that is not a regularly

3 scheduled school night so people can come.

4 I don't know even know, maybe some of your

5 junior council people will be athletes even

6 and they will be precluded from attending on

7 a Tuesday night. That's my input.

8 MR. MCGOFF: Just hold her time for

9 a second, Mr. Minora. There are also

10 events, school events on Thursday nights.

11 Traditionally, girls basketball games are

12 played on Thursday nights. So, no matter

13 what night you have a meeting it's going to

14 conflict with some --

15 MS. GATELLI: School event.

16 MR. MCGOFF: Some school event of

17 some kind or, you know, any other event, so

18 it wasn't done with any intent of, you know,

19 I'm a regular attendee at, you know, boys

20 basketball games, so the movement we

21 understood, but it was done for other

22 reasons and not necessarily --

23 MS. SHUMAKER: Like I say, I'm not up

24 to what nights what's played and, of course,

25 girls sports, it's totally new since I was a
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1 pup, but the other the other thing is the

2 time. I don't think a motion that cannot be

3 even ready in two minutes to be allowed to

4 comment on something as complex, for

5 instance, the parking authority legislation

6 that passed tonight, I don't think two

7 minutes is sufficient time to address

8 necessarily business, on some items that may

9 be, but not necessarily, so I think going

10 back to the three to three and see how that

11 works would be preferable.

12 And then, finally, since I have a

13 minute left I will -- what brought me here

14 the first time was the inhospitability of

15 Nay Aug Park to handicapped persons, that's

16 what brought me here and it still is. I

17 think I'll put my two cents in on the

18 equipment. I think if there is room across

19 from the -- across now from the tree house

20 it should be placed there. I'm sure it's

21 moveable. If this other area is not

22 prepared and it's something that off in the

23 future, now, I'm sure Mayor Doherty's

24 capital budget will be very specific on

25 parks and recreation and capital
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1 expenditures and will know exactly how much

2 he is planning to invest in the handicapped

3 area, but it took, it took almost two years

4 to get extensions put -- of attending rec

5 authority meetings to get extensions put on

6 picnic tables so that a person in a

7 wheelchair could actually come up to a

8 table. That comfort station is still not

9 accessible. We have been spending, we spent

10 as taxpayers almost $30,000 on that thing

11 and it started, I think the work started in

12 2001 or 2002 and it still ain't there. I

13 mean, how long is this other project going

14 to take? Why not let kids enjoy the

15 equipment now and when this other facility

16 opens then move it then. Why -- I don't see

17 how why it has to be an issue. Thank you

18 for your time.

19 MS. GATELLI: Thank you, Mrs.

20 Shumaker.

21 MS. SHUMAKER: Happy August.

22 MS. EVANS: Mrs. Shumaker, I do have

23 some information for you.

24 MS. GATELLI: I think Sherry gave it

25 to her.
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1 MS. EVANS: Oh, did you receive this?

2 MS. GATELLI: Yes, Sherry gave it to

3 her.

4 MS. EVANS: Oh, thank you.

5 MS. WILLIAMS: Good afternoon,

6 Council, Joanne Williams. I came down this

7 afternoon specifically to speak about Nay

8 Aug Park, and as I was sitting there

9 listening quite a few things did come up

10 about Nay Aug. I am disappointed about the

11 handicapped swing set for the children that

12 Mr. Miller has decided to give back the

13 money. I think there is always a way to

14 compromise. I'm sure if he talks with the

15 mayor and expresses his feelings about it

16 there could be some kind of compromise. I

17 also, I have been up the park quite often

18 and I marvel in the beauty and the progress

19 of it. Last weekend I visited again the new

20 bridge, I don't know how many residents have

21 gotten that opportunity to see that new

22 bridge, it's absolutely gorgeous. While I

23 was up there, there was quite a few

24 visitors, home town visitors, out of town

25 visitors and I sat around and watched and
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1 listened while pictures being taken and

2 people saying that they couldn't get over

3 what Scranton had to over, especially the

4 out-of-towners, so I'm thinking that with

5 the handicapped swing set I think inclusion

6 is a good thing, that's the point I want to

7 get it to.

8 Also, Nay Aug, someone, I think it's

9 Ron, I'm not sure of his name, that came up

10 and said that it is no different in Nay Aug.

11 You know, a lot of time we get the negative

12 park of Nay Aug park a lot of time and let

13 tell you, Ron, I don't mean to be -- I don't

14 want to be nasty, but I think you need to

15 get a new pair of glasses because Nay Aug

16 has improved greatly over this

17 administration. I have to thank Mayor

18 Doherty and his administration and the

19 people on the city council who have backed

20 those projects, not only at Nay Aug, but all

21 of the parks.

22 Now, I just want to get onto the

23 Lackawanna County Taxpayers' Group. I

24 watched that on TV when it aired and it has

25 taken me a lot to get up here and express
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1 this, but I have sat and watched these

2 meetings on television. I don't understand

3 why it's called Lackawanna County Taxpayers'

4 Group. What I do see once awhile maybe

5 someone from Throop or Jessup, maybe Dunmore

6 going to these meetings, and really they are

7 like, you really don't get much to say

8 because it's taken over by this group. This

9 group, I feel, my opinion, this group only

10 downs this city, attacks the mayor, attacks

11 some of you council people and, you know,

12 and I don't think it's fair and I am really

13 upset that Channel 61 does air that because

14 for me it's just a downer and a doomer group

15 that gets together.

16 Now, one question about Habitat for

17 Humanity, back in Mayor Connors era who

18 headed that program, does anyone know?

19 MS. FANUCCI: I belive it was Ozzie

20 Quinn.

21 MS. WILLIAMS: Ozzie Quinn, okay.

22 And then when Mayor Doherty took over what

23 happened, does anyone know? We don't know?

24 Okay. You know, it's time that we all come

25 together. It's time that we realize what we
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1 have in this city, you know, whether it be

2 Mayor Connors or right now it's Mayor

3 Doherty. He is going to pick his

4 administration just like the next mayor and

5 the mayor after him or when he is leaving

6 offices mayor and pick his administration

7 that is going to work with him and move this

8 city forward. I love this city, I'm very

9 proud of it, and I am very proud of you

10 people who sit on council each week. I

11 don't know how you take the negativity week

12 after week, but like I said before, and I'll

13 say it again, you people were voted in to

14 sit in those seats. The minority that comes

15 here every week and speaks is not the

16 majority of this city and also Mayor Doherty

17 also is elected to sit down in that office

18 and run the city so, it's time to put this

19 negativity back and let's start looking

20 ahead to positive and progress for this

21 city. Thank you.

22 MS. GATELLI: Thank you. Anyone

23 else?

24 MR. HUBBARD: Good evening, Council,

25 Dan Hubbard, lower Greenridge. A quick
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1 comment on Nay Aug, I agree, yeah, it does

2 look better, does it look 6 1/2 million

3 dollars better, certainly not. Not even

4 close. 1.5 million dollars in landscaping

5 it's really not visible and I have worked

6 for landscapers and I can tell you there is

7 not $1.5 million of landscaping at Nay Aug,

8 so, yes, the park does look better, but it

9 doesn't match the price tag that we paid to

10 get it there.

11 Now, Mrs. Gatelli, I was going to

12 let it go, but several weeks ago you made a

13 comment as I walked away from the podium,

14 you called me disgraceful. Now, I have come

15 here as an elected neighborhood

16 representative time and time again about a

17 questionably operating company and the

18 flooding in lower Greenridge. Your two

19 comments --

20 MS. GATELLI: I'm sure I did not say

21 that.

22 MR. HUBBARD: Yes, Judy, you did say

23 it. You did say it.

24 MS. GATELLI: Well, I apologize.

25 MR. HUBBARD: Well, you know, I have
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1 come to you on two major issues in this

2 city, one is a company that's polluting

3 the --

4 MS. GATELLI: And I told you exactly

5 what to do with that company and I will go

6 with you.

7 MR. HUBBARD: Please, you are eating

8 my time.

9 MS. GATELLI: To meet the attorney.

10 MR. HUBBARD: You told me to sue

11 them --

12 MS. GATELLI: You can have the time

13 back.

14 MR. HUBBARD: You told me to sue

15 them. There is already two lawsuits against

16 Daron Northeast at this point the city needs

17 to step up to the plate.

18 MS. GATELLI: City council cannot do

19 anything about that. We cannot sue --

20 MR. HUBBARD: So you guys are

21 powerless --

22 MS. GATELLI: Yes, we are.

23 MR. HUBBARD: You are powerless?

24 MS. GATELLI: Yes, we are.

25 MR. HUBBARD: Okay. So then please
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1 explain to me why you made the same comment

2 in a meeting that you called me disgrace you

3 attempted to use part of the $281,000 from

4 Elm Street to demo houses in south side?

5 MS. GATELLI: I didn't do that.

6 MR. HUBBARD: You made that comment.

7 Yes, you certainly did. You certainly said,

8 "I tried to use part of the 281,000 --"

9 MS. GATELLI: I don't think I --

10 MR. HUBBARD: -- from the Elm Street

11 project --

12 MS. GATELLI: No, I don't think.

13 MR. HUBBARD: To demo houses in south

14 side.

15 MS. GATELLI: I don't think so.

16 MR. HUBBARD: You did say that.

17 MS. GATELLI: No, I didn't.

18 MR. HUBBARD: Yes, you did. You did

19 say that.

20 MS. GATELLI: Well, I'm not going to

21 sit here and argue with you.

22 MR. HUBBARD: But you do argue. You

23 are going to call me disgraceful, yet you

24 are going to use flood project -- try to use

25 flood project money, I come here week after
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1 week asking for help for my neighborhood and

2 you come here week after week with a feather

3 in your cap to protect the interests of one

4 man and the property values of a few in the

5 city. You have complete and utter disregard

6 for the needs of the many in this city. I

7 think you more of a disgrace or

8 representative of any neighborhood in the

9 city than I could ever be.

10 MS. GATELLI: Thank you.

11 MR. HUBBARD: And I come here week

12 after week. Yes, you know why, I have been

13 getting more aggressive, certainly more

14 anger as the months go by, but can you blame

15 me? We have already passed the one year

16 anniversary, what have you as a council done

17 to try to force or request Mr. Brazil,

18 Mr. Parker, or Mr. Doherty to do in lower

19 Greenridge? You all unanimously passed a

20 motion for a flood siren. Sara Hailstone

21 said and they said, "No, you can't do that,

22 Mr. Hubbard has to submit the paperwork."

23 I submitted very detailed paperwork

24 including the RFP and all the information

25 they needed from the manufacturer for the
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1 previous two sirens, where is the siren?

2 Where is the repairs? Has anybody bothered

3 to try and talk to Mr. Parker before he left

4 about why he refused to do the repairs that

5 he clearly indicated to me in a meeting with

6 Miss Fanucci that he would do? The problem

7 here is that is if it is not your agenda as

8 a council or council majority it is

9 forgotten the minute that -- yes, you will

10 say to me, "Oh, Mr. Hubbard, we will placate

11 you, we will get you meetings, we will get

12 you to Mr. Parker," but have you done

13 follow-up on anything? As the president of

14 this council have you followed up on any of

15 the major issues that affect these

16 residents? Telling me we need to sue Daron

17 of Northeast is not the answer. It's the

18 same gentleman. You told me as the

19 representative of south side neighborhood

20 you were sick of battling with the city over

21 Compression Polymers. Now, you are in that

22 seat. You are in the city and I'm battling

23 with the same man that you didn't get any

24 response from the city battling, James

25 Kiesling. You told me, "I couldn't get
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1 anything from the city so we had to sue them

2 on our own."

3 Well, now you are in the seat. You

4 are the city. I'm looking to you for the

5 help that you couldn't get from the city and

6 your response to me was, "Sue them. Sue

7 them."

8 Based on several comments made by

9 Mayor Doherty and Mr. Ludovici I have now

10 informed the residents of lower Greenridge

11 to remove their rain gutters because once

12 they are gone we won't have flooding. That

13 was their comment to a lady on Luzerne

14 Street in regards to the sewer drains and

15 storm drains, now she is actually getting

16 help, but do you see the pattern of comments

17 from the people in this city including

18 yourself? We're disgraceful, we are losers,

19 we are malcontents. We come to you for

20 help. I come to you representing an entire

21 neighborhood that has been inundated by the

22 Lackawanna River twice in two years. Your

23 department heads in this city have told me

24 they would help me, they have done nothing.

25 What have you done to follow-up on that?
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1 Have you done one thing to follow-up on my

2 flood siren? Have you made one phone call

3 to OECD to ask where is the funding that I

4 requested through the proper letter that

5 they said I needed to submit? Where is my

6 siren?

7 MS. GATELLI: Thank you, Mr. Hubbard.

8 MS. EVANS: Mr. Hubbard, I hope that

9 you are submitting the CDBG application and

10 I'm hoping that that's going to help you,

11 and I had spoken with your mother, but I

12 just wanted to reiterate that after I

13 believe it was last week's meeting another

14 correspondence was sent to Mr. Brazil to

15 update him on the fact that Mr. Parker had

16 made these promises regarding your

17 neighborhood building up the riverbank and

18 now that, you know, as he is on the job he

19 can become aware of the situation it's my

20 hope and my request that he is going to make

21 good on Mr. Parker's word.

22 MR. HUBBARD: I would hope so. He

23 said we would have to actually raise the

24 funding for the total flood project and

25 provided by the city and the government.
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1 MS. FRANAS: Fay Franas, Scranton. I

2 wasn't here, I walked in when Mrs. Evans was

3 speaking about the properties on the Hill

4 Section so I don't know if she said anything

5 I want to address so forgive me if I'm

6 repeating something she might have

7 addressed. Mr. Stacy Brown wrote an article

8 in the Times about the properties that the

9 University of Scranton were acquiring, it's

10 sort of like I wish Mr. Brown would

11 sometimes come to the podium and state how

12 he got his -- how he compilated his figures

13 and how he came about. The taxpayers are

14 going to be losing $53,000 a year.

15 Mrs. Gatelli, are you aware that property,

16 319 N. Webster, was appraised at $395,000

17 and after the University acquired it they

18 lowered this assessed value to $10,000?

19 MS. GATELLI: I wasn't aware of

20 that, Mrs. Franas, but every week, and I'll

21 give them to you if you would like, we get a

22 list of people that want their taxes

23 lowered.

24 MS. FRANAS: I don't care what the

25 people, I'm talking about the University of
.

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1 Scranton.

2 MS. GATELLI: No, I understand.

3 MS. FRANAS: Tons and tones and this

4 should not be. Who is going to make up for

5 that money that they are we are losing from

6 that? I wonder what that property, what

7 kind of taxes we would get from that taxes

8 if that $295,000 was still assessed at that.

9 This is just -- this is favoring the

10 University of Scranton again and lowering

11 the prices so they -- and why aren't they

12 giving you us the lost taxes in revenue or

13 the money for the pilot programs to go and

14 get -- go after them for the money that we

15 would have gotten the taxes for, the

16 $395,000 or 319, that's not going to happen.

17 I also want to make a comment here,

18 Mrs. Gatelli, you made a comment saying that

19 you only missed three meeting, while I just

20 have to clarify this: Between 2006 and 2007

21 you cancelled eight meetings, you adjourned

22 two, you recessed the one, you left four

23 early so that's like 17 meetings or so that

24 -- versus the three that you say you missed.

25 That's a heck of a lot of meetings that you
.

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1 weren't here and you left and you just

2 didn't come to, so I just wanted to get that

3 straight.

4 Another thing, my son, Frank, lives

5 out of town and last night he wrote me an

6 e-mail because I have been keeping his

7 advised of what's going on in the City of

8 Scranton. I'd just like to read what his

9 little comments were, I shouldn't say

10 little, he is 30 some years old I think he

11 knows what he is speaking of, he is a

12 college graduate, so my son wrote: "The

13 entire city needs to revote and take back

14 their pride and good government that's been

15 taken from them by the disgustingly corrupt

16 Judy Gatelli. She'll go down in history as

17 a city council president who cared the least

18 for the city and it's people. The behavior

19 and decisions she has made were obviously

20 ones that she rationalized to herself

21 somehow, but she knows her true motivations

22 for greed and power. What moral compass, if

23 any, does her conscience follow? I have

24 never seen someone believe in carma less.

25 In the end, the term Gatelli will stay in
.

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1 use around the city when someone makes

2 glaringly obvious deals with their cronies

3 that screw the city, you can say, he pulled

4 a Gatelli. Only the people can stop this

5 glutenous, flesh mass determined to take

6 Scranton back decades through tax hikes and

7 insane inside deals and nauseating levels of

8 nepotism by ejecting the EOC governor's

9 chair. Further council members need to see

10 how acting so illegally and immorally will

11 not be tolerated."

12 MR. MCGOFF: Mrs. Franas.

13 MS. FRANAS: "Get her out of here."

14 MR. MCGOFF: I'm sorry, you cannot

15 make accusations.

16 MS. FRANAS: I disagree. Yes, I can.

17 MR. MCGOFF: No, you can't.

18 MS. FRANAS:I also want to address

19 something else, Mr. --

20 MR. MCGOFF: And I'm stepping in for

21 Mrs. Gatelli --

22 MS. FRANAS: You're out of order, Mr.

23 McGoff.

24 MR. MCGOFF: ---because I know she

25 won't do --
.

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1 MS. FRANAS: You are out of order.

2 Point of order, Mr. McGoff. Hold.

3 MR. MCGOFF: Hold the time on this.

4 MS. FRANAS: You won't obey the Rules

5 of Council. Let's go to point of order.

6 Rules of Council. You are out of order,

7 Mrs. Fanucci, let's not start. Mr. McGoff

8 --

9 MR. MCGOFF: I'm not going to start

10 an argument with you, Mrs. Franas --

11 MS. FRANAS: Stop the time here.

12 Mrs. Evans, someone stop the time.

13 MR. MCGOFF: All I'm trying to say

14 is --

15 MS. FRANAS: Well --

16 MR. MCGOFF: You spoke before. I

17 said before --

18 MS. FRANAS: Point of order,

19 Mr. McGoff. Point of order, Mr. McGoff.

20 MR. MCGOFF: You do not have the

21 right to make accusations against --

22 MS. FRANAS: Yes, I do. Freedom of

23 speech.

24 MR. MCGOFF: No, you don't.

25 MS. FRANAS: Would you like to
.

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1 address Mr. Thomas Jefferson, Mr. History

2 Teacher?

3 MR. MCGOFF: Yes.

4 MS. FRANAS: I think you flunked

5 yourself.

6 MR. MCGOFF: No, I don't think so.

7 MS. FRANAS: Mr. Jefferson would come

8 to meetings and he would if he had to --

9 MR. MCGOFF: Excuse me.

10 MS. FRANAS: No, you excuse me.

11 MR. MCGOFF: Making accusations --

12 MS. FRANAS: I can say whatever I

13 want, Mr. McGoff. Mr. McGoff, I want to

14 address you for saying before that people

15 don't have a right to say what they want,

16 who are you to say that they don't have a

17 right to say what they want? Who are you?

18 Just because you say as council person and

19 Mrs. Gatelli may say --

20 MS. GATELLI: I'm not calling her on

21 it. She can say whatever she wants.

22 MS. FRANAS: -- just because she is

23 the council president. All I'm saying is

24 just because you say it doesn't mean it's

25 true. Just because you say you think that
.

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1 people feel they have to listen to you.

2 They do not have to listen to you. We have

3 a right to speak.

4 MS. FANUCCI: Thank you for being

5 part of the problem instead of being part of

6 the solution, Mrs. Franas.

7 MS. GATELLI: Thank you. Is there

8 anyone else that cares to speak before

9 council?

10 MS. FRANAS: Mrs. Fanucci, you don't

11 have a right to speak, I didn't give you the

12 floor. You have no right.

13 MS. GATELLI: Is there anyone else

14 that wants to speak? We have some motions.

15 MR. MINORA: Before you adjourn you

16 have to vote on Bob's two motions.

17 MS. GATELLI: Before we adjourn we

18 have two motions.

19 MR. MINORA: The first motion that

20 needs a vote. The first motion that needs a

21 vote --

22 MR. MCGOFF: I'll reread the first

23 motion.

24 MS. GATELLI: Oh, you want to speak?

25 Oh, all right, I'm sorry.
.

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1 MS. HUBBARD: I just a have a couple

2 of questions and a comment, I was out for

3 coffee with a friend the other night and we

4 were discussing city council and it came up

5 that you were not going to be here for the

6 month of August and he just very calmly

7 looked at me and said, "Who did they think

8 they are, the Iraqi Parliament?"

9 And I said, "Well, what can I tell

10 you."

11 Anyway, I have a question on 6-H,

12 the East Market Street Bridge project, isn't

13 that the project finished?

14 MS. FANUCCI: No.

15 MS. GATELLI: Well, all of the --

16 yeah, all of them haven't been completed.

17 MS. HUBBARD: The bridge isn't --

18 MS. GATELLI: The bridge itself, but

19 all --

20 MS. FANUCCI: All the underneath and

21 the expansion project I think to widen it

22 is --

23 MS. HUBBARD: Through what?

24 MS. GATELLI: Through PennDOT.

25 MS. HUBBARD: They redid Market
.

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1 Street down to the bridge, they have the

2 bridge.

3 MS. GATELLI: They haven't completed

4 the whole project yet. I mean, it looks

5 complete but the paperwork is not all

6 complete.

7 MS. HUBBARD: Okay. All right. Now

8 why are you changing the meeting night?

9 MS. GATELLI: Because it's more

10 convenient for all of us on a Tuesday.

11 MS. HUBBARD: For all, everyone on

12 council?

13 MS. GATELLI: Yes, we all agreed.

14 MR. COURTRIGHT: We all agreed on it.

15 MS. GATELLI: To change it to

16 Tuesday.

17 MS. HUBBARD: Now, you are going to

18 have the first meeting on September the

19 11th, which is a Tuesday.

20 MS. GATELLI: Yes.

21 MS. HUBBARD: September 4 is also a

22 Tuesday, where is the meeting on that night?

23 Why is there no meeting on that night?

24 MS. GATELLI: Because the first

25 meeting when we come back is September 11?
.

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1 MS. HUBBARD: Why do you get an extra

2 week's vacation --

3 MS. GATELLI: I believe because it's

4 the Labor Day weekend. I'm not sure.

5 MS. HUBBARD: Which Labor Day is

6 Monday, everybody goes back to work on

7 Tuesday.

8 MS. GATELLI: I don't know, but

9 council all agreed that the first meeting

10 was September 11.

11 MS. HUBBARD: So the next five weeks

12 without a council meeting instead of four

13 that are in August, so now we get an extra

14 week. It's like the extra day for the

15 Fourth of July which was on a Wednesday and

16 --

17 MS. GATELLI: Well, everyone voted on

18 it, Mrs. Hubbard. Everyone voted on it,

19 so --

20 MS. HUBBARD: Well, I don't know.

21 There is more nonmeetings than meetings.

22 Yeah, I would just like to say that the

23 comments in the paper about Janet's people

24 and the posse and all of that were

25 appalling. There is no reason for comments
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1 like that by anyone member of council.

2 MS. GATELLI: Thank you. Anyone

3 else? Are you sure there is no one else

4 that wants to speak? All right. We will

5 get to our motions.

6 MR. SBARAGLIA: Are we allowed to

7 speak on the granting of these motions?

8 MS. GATELLI: No, we said before you

9 would be able to speak that's why we waited

10 until the end and you already spoke,

11 Mr. Sbaraglia.

12 MS. FANUCCI: You had to speak during

13 your time.

14 MS. GATELLI: You had to speak about

15 it during your time, that's why we put it

16 after citizen participation. Go ahead,

17 Mr. McGoff.

18 MR. MCGOFF: The first motion was a

19 motion to amend the Rules of Council to

20 change the day of our meetings from

21 Thursdays at 6:30 to Tuesdays at 6:30 when

22 we return in September and to establish our

23 next meeting for Tuesday, September 11,

24 2007.

25 MR. MINORA: That motion was made and
.

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1 seconded and now it's to the question.

2 MS. GATELLI: Now it's on the

3 question. All in favor?

4 MS. EVANS: Aye.

5 MS. FANUCCI: Aye.

6 MR. MCGOFF: Aye.

7 MR. COURTRIGHT: Aye.

8 MS. GATELLI: Aye. Opposed? The

9 ayes have it and so moved.

10 MR. MCGOFF: The second motion was a

11 motion to amend the Rules of Council to

12 change the public comment portion of the

13 agenda so that Fourth Order will be public

14 comment on agenda items for two minutes, and

15 Eight Order will be public comment on other

16 general city issues for three minutes, this

17 to commence on September 11, 2007.

18 MS. GATELLI: We already had a

19 second on that.

20 MR. MINORA: That motion was made and

21 seconded and now it's on the question.

22 MS. EVANS: I really didn't know

23 about this change, I wasn't at today's

24 caucus meeting and I did want everyone to

25 know that I do attend caucus meetings, but I
.

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1 wasn't there today because I was coming back

2 from St. Ann's, so I really -- this was news

3 to me, although, not completely, because I

4 had asked Mr. McGoff last week during the

5 recess that was taken if he would please

6 consider returning meetings to their

7 original format and that being the format of

8 the council of 2004 and 5 and prior to that

9 and he had good reasons, his own reasons, I

10 respect his reasons, I don't agree with him,

11 but, nevertheless, I do respect that and he

12 was not agreeable. I really do feel that

13 it's virtually impossible for anyone, anyone

14 seated up here, anyone seated out there to

15 make a comprehensive cohesive statement on

16 any issue in two minutes. Most agenda items

17 really don't require comment, I've rarely

18 seen anyone if ever I have comment on every

19 item on an agenda, but when there are

20 significant items that are going to affect

21 you personally there are many people who

22 want to comment and two minutes doesn't do

23 the job, and even in three minutes

24 afterwards I would expect that's the time in

25 which you can report your problems,
.

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1 concerns, suggestions, again, three minutes,

2 my goodness, you are going to have to be

3 probably the most talented writers and

4 orators that I have ever encountered to be

5 able to accomplish that in such a time

6 period. I see it's kind of like education.

7 We go from one bandwagon to another every

8 decade trying to cure what's wrong and what

9 I've seen with the meetings, at least the

10 public participation portion, is that we

11 have gone from one rule to another to

12 another trying to solve or trying to cure

13 the malady and I think the easiest, the

14 easiest and probably what's going to avoid

15 what I'm hearing through rumors of more

16 lawsuits, what's going to avoid all of that

17 is just returning it to it's original

18 position and time, so that's why I will be

19 voting, no.

20 MS. GATELLI: Anyone else?

21 MS. FANUCCI: As far as I'm

22 concerned I checked into most cities and

23 their meetings and they do a total of three

24 minutes public comment, regardless if you're

25 speaking on the agenda or if you are
.

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1 speaking about city business or just your

2 own complaints. It's usually limited to

3 three minutes total. Last time when we did

4 change or made the effort to change we have

5 been trying to accommodate the regular

6 speakers here and we didn't make the change

7 because actually it might have been, Fay,

8 wanted it changed and we can did change it

9 to what we had just recently, and that

10 didn't work and I said I would continue and

11 go back to what we had, never intending it

12 to be a five-minute before or a two minute

13 before, I like the fact of keeping the

14 agenda separate and that we can vote so that

15 way we can keep track of what we are doing

16 here which is supposed to be city business.

17 I'd like to keep that separate because,

18 believe me, it gets lost in the shuffle of

19 the regular droning of nonproductive and

20 self-motive activity that we get here

21 everyday. I don't like it. I don't enjoy

22 it and, personally, if the constitution

23 would let me put it down to a half a minute

24 at the end I probably would do it because

25 this has become nothing but a game here, so
.

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1 I'd like to keep the city business separate

2 and actually do what we are supposed to do

3 and attend to our jobs and do what the

4 taxpayers need us to do not only to further

5 others expectations, but to make the city be

6 what we want it to be which is the best

7 place. That's all I have.

8 MS. GATELLI: Anyone else? A motion

9 has been made and seconded. All in favor?

10 MS. FANUCCI: Aye.

11 MR. MCGOFF: Aye.

12 MS. GATELLI: Aye. Opposed?

13 MR. COURTRIGHT: No.

14 MS. EVANS: No.

15 MS. GATELLI: The ayes have it and so

16 moved. Before we adjourn the meeting I

17 would just like to make a statement to the

18 public that what is said here is not always

19 the truth. I have never taken anything that

20 didn't belong to me and I resent when people

21 say I'm corrupt. If you don't agree with my

22 vote, that's fine, we can argue about it,

23 but I am ashamed and embarrassed in front of

24 my children that people come here and say I

25 have done illegal things. I haven't. And
.

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1 if I have go to the Attorney General and

2 have me arrested, but you are not going to

3 come here and bad mouth me every week and

4 have me not answer. I have done a lot for

5 my community for 25 years. I worked for

6 south side and those people never abused me

7 like I get abused here. I gave back $625 of

8 my pay, no one else did.

9 I am the president of this council,

10 I put in a lot more time than the rest of

11 the members so if I miss a meeting or I have

12 to leave early for a meeting I put my time

13 in way above and beyond and I apologize to

14 the citizens of this community that they

15 have to hear lies and lies and lies about my

16 illegal activity. I never took a dime that

17 didn't belong to me. I'm working since I'm

18 14 years old. My parents worked in

19 factories struggling. My mother used to

20 drag her leg coming in the door at night she

21 worked so hard to provide for me and my dad

22 and I resent people saying that I am

23 corrupt. If I don't vote the way you like I

24 e guess I'm corrupt then, but that doesn't

25 mean that my heart and my sole is corrupt
.

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1 because it's not.

2 I love my town and I'm going to

3 continue to vote the way I see fair up here

4 and the way I see the town to move forward,

5 but I am not going to allow someone to say

6 that I do illegal things and that I am

7 corrupt. I am not. Thank you very much.

8 I'll make a motion to adjourn.

9 MR. COURTRIGHT: So moved.

10 (Meeting adjourned.)

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1

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

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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.

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CATHENE S. NARDOZZI
14 OFFICIAL COURT REPORTER

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