1              SCRANTON CITY COUNCIL MEETING








            5                          HELD:




            7              Tuesday, September 22, 2009




            9                        LOCATION:


           10                    Council Chambers


           11                 Scranton City Hall


           12              340 North Washington Avenue


           13                Scranton, Pennsylvania









































                (Not present)


                MS. JANET E. EVANS



            9   MS. SHERRY FANUCCI

                (Not present)


                MR. WILLIAM COURTRIGHT



           12   MS. KAY GARVEY, CITY CLERK






           15   MR. AMIL MINORA, SOLICITOR


























            1                      (Pledge of Allegiance recited and


            2              moment of reflection observed.)


            3                      MR. MCGOFF:  Roll call, please.


            4                      MS. MAGNOTTA:  Mrs. Evans.


            5                      MS. EVANS:  Here.


            6                      MS. MAGNOTTA: Mrs. Gatelli.  Ms.


            7              Fanucci.  Mr. Courtright.


            8                      MR. COURTRIGHT:  Here.


            9                      MS. MAGNOTTA:  Mr. McGoff.


           10                      MR. MCGOFF:  Here.  Let the record


           11              show that Mrs. Gatelli and Mrs. Fanucci


           12              called and said this they would be


           13              unavailable for tonight's meeting.  Prior to


           14              any business, we have a proclamation to be


           15              read and presented.  Mr. Courtright will


           16              make read the proclamation.


           17                      WHEREAS, the Council of the City of


           18              Scranton, is desirous of honoring the


           19              "LACKAWANNA LITTLE LEAGUE 9 AND 10 YEAR OLD


           20              ALL STARS" for capturing the DISTRICT 17


           21              TITLE, compiling a record of 9 and 1 in


           22              total All-Star play; and


           23                      WHEREAS, the "LACKAWANNA LITTLE


           24              LEAGUE 9 AND 10 YEAR OLD ALL STARS" captured


           25              the SECTION 5, STATE QUALIFYING TOURNAMENT






            1              TITLE, compiling a record 4 and 0;


            2                      WHEREAS, the "LACKAWANNA LITTLE


            3              LEAGUE 9 AND 10 YEAR OLD ALL STARS" advanced


            4              to the ELITE 8 in the Commonwealth of


            5              Pennsylvania, finishing in 3rd Place in the


            6              EASTERN STATE PLAYOFFS; and.


            7                      WHEREAS, the "LACKAWANNA LITTLE


            8              LEAGUE 9 AND 10 YEAR OLD ALL STARS" have


            9              brought great pride and honor to their


           10              community and the entire City of Scranton by


           11              their actions.  These young men are shining


           12              examples of student-athletes who conduct


           13              themselves with class and discipline;


           14              dignified in defeat and humble in victory.


           15              The "LACKAWANNA LITTLE LEAGUE 9 AND 10 YEAR


           16              OLD ALL STARTS" are everything ours schools


           17              and community admire - true representatives


           18              of the youth of our City and of the Little


           19              League organization; and


           20                      WHEREAS, the "LACKAWANNA LITTLE


           21              LEAGUE 9 AND 10 YEAR OLD ALL STARTS" team


           22              consist of the following players: THOMAS


           23              CARROLL, MATTHEW GAUL, GRIFFIN GILROY, KYLE


           24              GRAHAM, THOMAS IVANOFF, AUSTIN LIPOWITCH,


           25              GRIFFIN LOUREIRO, NICHOLS PFOHL, KYLE








            2              NOAH WORSINCK, and


            3                      WHEREAS, the "LACKAWANNA LITTLE


            4              LEAGUE 9 AND 10 YEAR OLD ALL STARTS" are


            5              coached by Head Coach John Lipowitch, Team


            6              Manager Bill Stetzar and assisted by team


            7              das Tim Gaul, Bob Graham, Neil Ivanoff,


            8              Frank Polishan and Frank Worsnick.


            9                      NOW, THEREFORE, BE IT RESOLVED, that


           10              on Tuesday September 22, 2009, Scranton City


           11              Council wishes to congratulate the


           12              "LACKAWANNA LITTLE LEAGUE 9 AND 10 YEAR OLD


           13              ALL STARTS", along with their coaches and


           14              parents for their outstanding achievement.


           15                      BE IT FURTHER RESOLVED that this


           16              Proclamation be made a permanent part of the


           17              Minutes of this Council, as lasting tribute


           18              to the "LACKAWANNA LITTLE LEAGUE 9 AND 10


           19              YEAR OLD ALL STARTS TEAM OF 2009."


           20                      (The Lackawanna Little League Team


           21              receives their proclamation.)


           22                      MR. MCGOFF: Just a few announcements


           23              before we move to civic participation.  As


           24              you may have read in the paper,


           25              Mr. Scopelitti declined our offer to appear






            1              in caucus on the advice, as the newspaper


            2              said and as he related to me after saying


            3              that he would appear, he met with the


            4              authority board and with the solicitor and


            5              they advised that any communications between


            6              the parking authority and council would be


            7              done in written form.  We also received a


            8              letter from the solicitor today indicating


            9              such.


           10                      Also, a follow-up to something


           11              that was brought up last two weeks, I met on


           12              Friday with representatives of the


           13              University of Scranton and the attorney


           14              representing the complainants from the Hill


           15              Section and also Mr. Bharucka, I believe, it


           16              was something similar to that, I'm sorry if


           17              I mispronounced it, and also representatives


           18              from that area concerning the compactor that


           19              was going to be placed near the gentleman's


           20              residence.  We met at the existing compactor


           21              as a demonstration of how it operates and


           22              when it operates and so on and I would say


           23              that it is a compactor.


           24                      What they were planning on doing


           25              was move it -- it's a compactor that






            1              services some of the residence halls and


            2              residence houses.  It was not a compactor


            3              for the entire University property.  It


            4              primary dealt with paper products, paper and


            5              cardboard.  Since most of the people living


            6              in the residence halls are on food plans


            7              with the cafeteria there was very little in


            8              the way of food that was placed into the


            9              compactor.  Everything was bagged.  It was


           10              only operated during the daytime hours by a


           11              single individual who worked just daytime


           12              hours.  It was -- I'm not going to say it


           13              was completely noiseless, but it was no


           14              louder than a car running, you know, idling.


           15                      They demonstrated the compactor then


           16              we walked to the site where it was going to


           17              be -- to where it was going to be moved.


           18              After discussions with again the attorneys


           19              and representatives from the University of


           20              Scranton, it was decided that they would


           21              work with the residents of the area to come


           22              to a resolution that was favorable to all.


           23                      I should also -- I would like to


           24              also say that this was not done without --


           25              the original movement of the compactor was






            1              done with the okay of the people to where it


            2              was going to be moved.  They met with the


            3              gentleman that eventually would start the


            4              complaint -- the -- I'm losing the word


            5              here.


            6                      MR. COURTRIGHT: The petition.


            7                      MR. MCGOFF: The petition to not have


            8              it.  He originally thought it was okay as


            9              long as it was moved a little bit away from


           10              the alleyway.  Later on I guess there was a


           11              change of heart, and that's when the


           12              petition was presented.  The University of


           13              Scranton was not doing this without having


           14              contacted the people involved.


           15                      Also, I'd like to mention that when


           16              we had gone through the site where they were


           17              looking to move the compactor there were


           18              four existent dumpsters, privately owned


           19              dumpsters in that Court that were far more


           20              odorous than what was going to be placed


           21              there, but the end result is that they are


           22              going to work to try to come to some


           23              resolution that is favorable to both


           24              parties, and any other announcements?


           25                      MS. EVANS: Yes.  Please remember in






            1              your prayers all those who have died this


            2              past week, particularly, retired firefighter


            3              and Truck II Chauffeur, Joseph Bernardi, and


            4              his family and friends he leaves behind.  He


            5              served his community with unending


            6              dedication and great professionalism for


            7              which we are all very grateful.


            8                      In October Comcast will make the


            9              following changes to your cable channels:


           10              Government access Channel 61 will move to


           11              Channel 19 and educational access Channel 62


           12              will move to Channel 21.  Unfortunately,


           13              Comcast has not supplied the exact date in


           14              October when these changes will occur.


           15                      St. Michael's Ukrainian Orthodox


           16              Church will hold it's seventh annual


           17              Ukrainian food festival September 27th from


           18              11 to 5 p.m. The festival is located at Main


           19              Avenue and Howell Street.  Delicious streets


           20              such as peirrogie, haluski, borscht and


           21              homemade desserts will be served.


           22                      St. Joseph's Church in Minooka will


           23              conduct a craft show on September 26th from


           24              9 a.m. to 3 p.m.  Handcrafted items and


           25              refreshments will be available.






            1                      St. Paul's United Methodist Church


            2              at Prospect Avenue and Birch Street in


            3              Scranton will hold it's annual bazaar and


            4              bake sale on September 26th from 9 a.m. to


            5              4 p.m.


            6                      Also, Lackawanna County will hold


            7              it's 2009 senior flu vaccine clinics at


            8              various locations from late this month


            9              through midOctober.  The clinics, however,


           10              are for the seasonal flu only.  Location and


           11              dates for the flu vaccine clinics are as


           12              follows:


           13                      The downtown senior center,


           14              October 5.  South Side Senior Center,


           15              October 6.  West Side Senior Center,


           16              October 7.  Dunmore Senior Center,


           17              October 8, and the Jewish Community Center


           18              October 14.  Each clinic will run from 10


           19              a.m. to 2 p.m.


           20                      MR. MCGOFF: Could we ask ECTV if


           21              they would run that, also?


           22                      MS. EVANS: The flu clinic?  The flu


           23              vaccine clinic, absolutely.  Kay, if we


           24              could just have that information forwarded,


           25              please, to ECTV.  I think that will be very






            1              beneficial for our seniors to be aware of.


            2                      And finally, I am very pleased with


            3              the outcome to date of the trash compactor


            4              location in the Hill Section.  I, indeed,


            5              hope that the University is working well


            6              with it's neighbors and satisfying our city


            7              residents and as long as they are a


            8              satisfied then I am satisfied, and that's


            9              all.


           10                      MR. MCGOFF: Prior to going -- I did


           11              forget one thing, just to remind people that


           12              the Steamtown Marathon will be held on


           13              October 11, Sunday morning, there is still


           14              time to sign up if anyone is interested.


           15              Citizens' participation.  Les Spindler.


           16                      MS. GARVEY: Excuse me, Mr. McGoff,


           17              we need to do Third Order first.


           18                      MR. MCGOFF: I'm sorry, I'm jumping


           19              ahead.  I'm sorry, Mr. Spindler.


           20                      MS. GARVEY: THIRD ORDER.  3-A.




           22              AUGUST 31, 2009.


           23                      MR. MCGOFF: Are there any comments?


           24              If not, received and filed.


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








            2              HELD ON MAY 21, 2009.


            3                      MR. MCGOFF: Are there any comments?


            4              If not, received and filed.


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




            7              HELD SEPTEMBER 17, 2009.


            8                      MR. MCGOFF: Are there any comments?


            9              If not, received and filed.


           10                      MS. GARVEY: That's it for Third


           11              Order.


           12                      MR. MCGOFF: Thank you.  Now it's


           13              citizens' participation.  Mr. Spindler.


           14                      MR. SPINDLER: Good evening, Council.


           15              Les Spindler, city taxpayer, homeowner.


           16              Last week I read in the Doherty newsletter


           17              Chris Doherty wants to run for governor.  He


           18              didn't officially get reelected mayor yet


           19              and he wants to run for governor.  It just


           20              continues to show the arrogance of this man.


           21              He thinks he can be whatever he wants to be.


           22                      This city is in such dire straights,


           23              our long-term debt over $250 million, our


           24              public safety unions haven't had a raise in


           25              eight years, the downtown is becoming like a






            1              ghost town and he wants to become governor.


            2              Well, I think he should resign as mayor in


            3              right now and let the people write somebody


            4              in in November that wants to run this city


            5              and only wants to run this city and doesn't


            6              want to better themselves with something


            7              else.  Like I said, it just continues to


            8              show the arrogance of this man.


            9                      Next thing, I see where the ice rink


           10              at the Ice Box is closing or it is closed


           11              and they are going to put basketball courts


           12              in there.  Well, what a mistake that is.


           13              There is basketball courts right next door


           14              in the Riverfront Sports Complex.  All this


           15              is is another white elephant project from


           16              Chris Doherty's administration.


           17                      Can anybody up there name me one


           18              successful project that's opened under Chris


           19              Doherty's administration that's been a


           20              success?  I don't think there are any.  I


           21              mean, we had Southern Union, we know what


           22              happened there.  Molly Brannigan's closed,


           23              the Ice Box is going belly up, the other


           24              places are closing and -- well, Mrs. Fanucci


           25              is not here to defend herself, but she says






            1              there is progress in the city.  I don't know


            2              where the progress is.


            3                      Lastly about Mr. Scopelitti.  He was


            4              advised by his board and solicitor not to be


            5              here.  Well, what are they afraid of?  What


            6              are they trying to hide?  And Mr. Scopelitti


            7              went on, he said, he wanted to stay out of


            8              the political sniping comments of the weekly


            9              meetings.  Well, when there is caucuses held


           10              here, I never remember any political sniping


           11              going on.  It's just a copout on


           12              Mr. Scopelitti's part, he is trying to hide


           13              something, he doesn't want to show up, I


           14              think council should use their subpoena


           15              powers to get Mr. Scopelitti here and answer


           16              questions.  That's all I have tonight.


           17              Thank you.


           18                      MR. MCGOFF: Mike Dudek.


           19                      MR. DUDEK: My name is Mike Dudek,


           20              608 Depot Street.  I live in the Plot.  On


           21              my remarks tonight I'm going to restrict


           22              them to a piece of legislation going through


           23              here, the amending of the Firearm's Act in


           24              the city.  I can pretty much predict what's


           25              going to happen here if this passes.  And,






            1              by the way, it is very well-written.  In my


            2              opinion this should past constitutional


            3              muster, okay?  I did teach some


            4              constitutional law so I do not have enough


            5              of a background to have a reasonable opinion


            6              on what you have here.  What you have here


            7              should hold water constitutionally.


            8                      At the same time, I should also tell


            9              you I thought that Philadelphia had a


           10              wonderful firearms law as far as restricting


           11              the use of assault weapons within the city,


           12              but the Commonwealth Court unexplainably,


           13              inexplicably backed the National Rifle


           14              Association's arguments on that issue and


           15              struck that portion of the Philadelphia


           16              Firearms Act as unconstitutional in


           17              Pennsylvania, so I can pretty much predict


           18              the National Rifle Association will come and


           19              challenge the City of Scranton in Court.


           20              This is going to be a court fight.


           21                      I think the Brady Organization will


           22              also be involved on the side of the city,


           23              but let me tell you this, I am so in favor


           24              of what you are trying to do to protect the


           25              people of the City of Scranton and our






            1              police officers in the City of Scranton that


            2              if this -- if you amend the charter, the


            3              Home Rule Charter to put this new wording in


            4              and the National Rifle Association sues the


            5              city, I'm a very poor guy, but I will


            6              contribute $100 to the City of Scranton in


            7              order to fight the National Rifle


            8              Association on this.


            9                      You are on the right track.  You are


           10              trying to protect the city, but also you are


           11              trying to protect our police officers.  To


           12              allow, you know, the criminal element the


           13              unfettered run of gun that the National


           14              Rifle Association wants them to have it's


           15              unconscionable, absolutely unconscionable.


           16              I favor backing our citizens and I favor


           17              backing our police and that's what you are


           18              doing with this new amending and I want you


           19              to stick by it.  Thank you.


           20                      MR. MCGOFF: Fay Franus.


           21                      MS. FRANUS:  Fay Franus.  I was


           22              going to address some issues, but since


           23              Mrs. Gatelli us in the here tonight or Mrs.


           24              Fanucci I'll wait.  I was looking at some


           25              information under past minutes and in May






            1              12, 2005, I checked the minutes and Joe


            2              Pilcheski filed a lawsuit -- or, excuse me,


            3              a Right-to-Know and he got some


            4              information of some of the grants that were


            5              written for the police, and one of them, Tom


            6              Bell, was a grant writer at the time and he


            7              mentioned that council passed legislation


            8              that evening, May 12, 2005, for a grant for


            9              the police department.  Well, I went over


           10              the minutes and there was no legislation on


           11              that agenda at all, unless I didn't see it,


           12              but I pretty much scanned it on the city


           13              council website, so I'm just trying to say


           14              Mrs. Gatelli said last week everybody makes


           15              mistakes and let's move on.  Well, I say


           16              let's not move on.  Let's put this at a


           17              screeching halt.


           18                      And I ask you, Mr. Courtright, to


           19              check all of these meetings, have someone do


           20              it, and find out how many grants are


           21              written, who asked for them, who wrote them,


           22              if they did or did not get council approval


           23              because I do not go along with what


           24              Mrs. Gatelli said at all last week.  She


           25              just seemed like she wanted to bury it.






            1              Well, I don't to bury it, I want it out in


            2              the light, so what did we find out,


            3              Mr. Courtright.


            4                      MR. COURTRIGHT:  Kay is putting


            5              together as much of the legislation as she


            6              can find and they are looking into --


            7              looking back in the minutes to see what came


            8              before council and what didn't, but it


            9              takes a lot of time.  I believe we got a lot


           10              of the grants from the grant writer from the


           11              county.  She did give them to us, Kay?  So


           12              it's just taking some time.  Do you want to


           13              give it to you in piecemeal to you or do you


           14              want to wait until the end?


           15                      MS. FRANUS: Oh, I'll wait, Bill, but


           16              what I'm trying say is -- -


           17                      MR. COURTRIGHT: No, we didn't drop


           18              the ball.  She's been doing it.  It just


           19              takes a lot of time.


           20                      MS. FRANUS:  Oh, I'm sure, but my


           21              point is that was just one little example


           22              that they didn't have any vote from council,


           23              so I'm just thinking can you imagine if it


           24              was all of them?  So it just wasn't a little


           25              mistake.  I think it was done deliberately






            1              and knowingly that they did not get council


            2              approval and still ask for grant, just


            3              bypass council.  I'm not saying council


            4              approved it, they probably would have, but


            5              they didn't bother to come in front of


            6              council, and I think something should be


            7              done.


            8                      And another point, 7-C tonight, I do


            9              not think that you should vote on this.  I


           10              think it's going to put the City of Scranton


           11              in a very, very weak position.


           12                      Another matter, Mr. McGoff, last


           13              year I came here in front of council and I


           14              spoke because I live in Bellevue right by


           15              the South Side Complex and many, many people


           16              had told me when I took my boy down there


           17              that they had to pay $400 and some dollars


           18              to play.  And I came in front of council


           19              last year and presented this to you and you


           20              told me basically I was wrong.  Well, it's


           21              not the case.  You said the University of


           22              Scranton said whatever, but you just brushed


           23              it aside and now here it is again this


           24              summer.  So this has been going on for years


           25              now so I hope they get to the bottom of it.






            1                      MR. MCGOFF: I don't believe I said


            2              they weren't paying, I said the University


            3              was not charging.


            4                      MS. FRANUS:  But I can check the


            5              records you --


            6                      MR. MCGOFF: Okay, I don't want to


            7              argue with you, I actually agree with you.


            8                      MS. FRANUS:  I think it happened --


            9              I think my point is I think it has been


           10              going on for many years, not just this year


           11              because I remember last year it was going on


           12              that the people were complaining and now


           13              again this year.  I think somebody should --


           14              and I know it's not your position to, but if


           15              anybody is listening out there and this has


           16              happened to them I wish they would contact


           17              the police because it's not right.  It is


           18              fraud as Mr. Minora said.  That's all.  I


           19              wasn't here earlier, where is Mrs. Gatelli


           20              and Mrs. Fanucci tonight?


           21                      MR. MCGOFF: They called and said


           22              they would not be attending.


           23                      MS. FRANUS:  No reason?


           24                      MR. MCGOFF: Illness I believe.


           25                      MS. FRANUS:  Both of them sick.






            1                      MR. MCGOFF: Yes.


            2                      MS. FRANUS: All right.  Thank you.


            3                      MR. MCGOFF: Ozzie Quinn.


            4                      MR. QUINN:  Ozzie Quinn, Taxpayers'


            5              Association.  How many times have we seen in


            6              the past Andy Sbaraglia stand up here and


            7              tell the council about the Scranton Parking


            8              Authority's, you know, debt and no one


            9              listened, you know?  It seems there is a


           10              trend here, okay, The parking authority and


           11              Mayor Doherty's administration borrowing to


           12              pay off a loan.  You can't do it.  It's


           13              common sense and they continue to do it.


           14                      How much are we in debt now in


           15              regards to -- are we able to fill the hole


           16              for the 2009 budget, it was 1.5 the last


           17              time I heard?  Does anybody know?  I mean,


           18              that's for this year's budget?


           19                      MS. EVANS: We are awaiting right now


           20              the release of the 888 account funds from


           21              the Scranton Tax Office which should range


           22              approximately in the $3 million figure.


           23                      MR. QUINN:  I see.  Hopefully.


           24                      MS. EVANS: But we still -- I'm


           25              jumping ahead, we did get a draft copy of






            1              the audit just this afternoon.  It's not the


            2              final copy, but it's certainly going to be--


            3              when the final copy is presented to us I


            4              think it's going to be very useful in


            5              calculating the city's principle and


            6              long-term debt.


            7                      MR. QUINN:  I just want to say that


            8              the majority, council majority have, you


            9              know, lost control, you know, of the


           10              authorities and of the OECD.  They just do


           11              what they want to do and they -- they are


           12              making a joke out of you and you sit there


           13              and you don't do anything about it, you


           14              know?  And you come up here and you condemn


           15              the taxpayers who try to tell you what's


           16              going on and you won't listen because you


           17              owe your soul to the company man,


           18              Mr. Doherty, and it's ashame, you know.


           19                      And last week Pugh Research Center


           20              put out their findings in regard to a survey


           21              of newspapers, 74 percent of the people


           22              surveyed said the newspaper are biased.


           23              Well, you know what, it's tough really to


           24              let the people explain, all right, what's


           25              going on when they come up here and they






            1              don't even put in the paper what the people


            2              are saying, okay, about what's going on and


            3              it's always pro Mr. Doherty.  Now, if that


            4              isn't bias I don't know what it is, you


            5              know?


            6                      And it's really, I mean, we are in a


            7              tough shape here financially and the


            8              Scranton Times has a lot to do with it, but


            9              the fact that they don't let it out and


           10              investigate, find out what's going on.  We


           11              have the Parking Authority, we have the DPW


           12              down there, we have 600,000 owed by the Ice


           13              Box down there.  We have Mr. Doherty's


           14              $170 million in debt and he is going around


           15              the state saying thousands of jobs he


           16              created and they are printing that, you


           17              know?  That's baloney and we all know it.


           18              All bet he hasn't created 200 jobs and if he


           19              has they have been mostly minimum wage job


           20              or waitress and waiters jobs that only get


           21              paid $2.83 an hour and rely on tips.


           22                      This is -- I mean, there is a lot of


           23              unfairness coming out four blocks from down


           24              the street that's killing our city and they


           25              call us naysayers, you know?  The naysayers






            1              are up here trying to get the city on track,


            2              but nobody will listen.  The council


            3              majority just wants to defend and the


            4              administration and the Scranton Times is


            5              backing it and, you know, you got to call a


            6              spade a spade and there is no doubt about it


            7              and everybody in this city that will tell


            8              you, you know, not everybody, but a lot of


            9              people will tell you what's going on.  They


           10              don't know the other side of -- you know, of


           11              what Mrs. Evans is thinking or


           12              Mr. Courtright is thinking, you know?  And


           13              if you do say something, Mrs. Evans, they'll


           14              put you there in a cartoon and make you look


           15              like you are what's his name, you should be


           16              in Disneyland or someplace.


           17                      Now, that's unfair, I believe.


           18              There is ethics involved here and I don't


           19              know where there ethics is.  I seen


           20              Mr. George Lynett at an Ethics Commission at


           21              the University of Scranton put on by


           22              Georgetown University and he is there


           23              shaking his head, shaking his head.  Well, I


           24              called up the Georgetown University


           25              professor and he says, "Hang in there," he






            1              says, "that's all I can tell you."  Thank


            2              you.


            3                      MR. MCGOFF: Lee Morgan.


            4                      MR. MORGAN: Good evening, Council.


            5              You know, I was here last week when the OECD


            6              executive director was here.  I thought that


            7              that meeting was just terrible.  I thought,


            8              and I'm being honest, I thought there was


            9              more political wrangling going up on


           10              council.  I think the questions could have


           11              been much different.


           12                      I have to say that the situation the


           13              Parking Authority finds itself in is no


           14              secret.  City council in recent memory had


           15              an opportunity to issue subpoenas because


           16              that's council's obligation.  In my opinion,


           17              the one meeting council agreed to issue


           18              subpoenas.  In my opinion, unless somebody


           19              can show me minutes to the contrary, I mean,


           20              my opinion stands firm.  Those subpoenas


           21              should have been issued and now years later


           22              or over a course of time we are going to


           23              decide now that we have a problem with the


           24              Parking Authority, with OECD, with various


           25              other authorities, and I have to say that






            1              the real problem here is council.  We can


            2              shoot the mayor if we want to, but --


            3                      MR. MCGOFF: Excuse me, that's --


            4                      MR. MORGAN: And I don't mean with a


            5              gun, but I mean we can take shots at the


            6              mayor here all day.  The mayor is


            7              responsible for a lot of things that have


            8              happened in this city, but I have to say


            9              that council has been the catalyst for the


           10              destruction of this city over a very long


           11              period of time.  I for the life of me can't


           12              understand how this council can reach


           13              conclusions and make votes without backup.


           14              I can't understand why some council members


           15              ask if they should look into something after


           16              a vote.  I can't understand how council lost


           17              the authority to set the sewer rates.


           18              That's in a Home Rule Charter.  I can't


           19              understand how this council has failed this


           20              city over a such an extended period of time


           21              and what we are going to do here is we are


           22              going to play point the finger.


           23                      The truth of the matter is, this


           24              council is divided.  This council needs to


           25              become independent.  I don't know if it's






            1              ever going to happen, but when you walk


            2              through this city and you see the rolling


            3              blight everywhere, I'm not talking about one


            4              section of the city, I'm talking about the


            5              whole city, one house here, one house there,


            6              what about all of the vacant lots we've had


            7              in the city where we have torn houses down


            8              allegedly?  Who is maintaining those lots?


            9              I seen a ton of them, nobody is cutting the


           10              grass there.  What about the all


           11              condemnations we are doing?  Are they being


           12              done according to law or are we using an


           13              ordinance that council passed in my opinion


           14              in violation of law to gain access to


           15              people's properties in order to do


           16              condemnations?  How many people know how


           17              long you have to appeal a decision on


           18              condemnation?  I bet you that almost no


           19              residents in this city know that.


           20                      How about when you are towing


           21              people's vehicles off their properties?


           22              Now, I had to run-in of my own with the city


           23              over that ordinance and I filed a criminal


           24              complaint and they towed my vehicle back to


           25              my home and they put it back in my driveway






            1              and I have had to problems since then.  I


            2              think the residents of this city have to


            3              stand up and start fighting for what they


            4              want.  Our population is declining, we can't


            5              take anymore taxes, we have listened to


            6              everybody bringing the University and the


            7              nonprofits to help us, they are not coming


            8              to help us, they are stealing off of us and


            9              this council has helped them and previous


           10              councils.


           11                      We have got to stop talking about


           12              plowing snow and picking up garbage.


           13              Council has got to use it's authority to do


           14              investigations in this city and come to


           15              conclusions and use your solicitor.  That's


           16              what he is there for.  Thank you.


           17                      MR. MCGOFF: Ron Ellman.


           18                      MR. ELLMAN: Hi.  Ronnie Ellman,


           19              Taxpayers' Association member.  About 30,


           20              35 years ago, this is just real quick, a


           21              friend of mine gave me a little I guess you


           22              call it a little toy, it had a -- it was a


           23              little tiny train called a construction crew


           24              and you had a little platform about this big


           25              and this little train you put a marble in it






            1              and it would go all over this track and come


            2              back where it started and drop the marble


            3              off.  It just didn't do anything.  If didn't


            4              accomplish anything except giving a little


            5              joy I guess to little kids.


            6                      We got a big construction crew I


            7              have been watching for a month right there


            8              at Mt. Pleasant.  They move the dirt down


            9              here, then they move it back and sideways.


           10              They are not accomplishing nothing except


           11              eating up money.  There is no building


           12              permits been taken out to do anything there,


           13              it just excavating, and it's just like my


           14              little toy train it's not accomplishing


           15              nothing.  It's just nothing, nothing,


           16              nothing.  What sense is there in just having


           17              this keep going?  I tell you what sense


           18              there is because they think they are going


           19              to get it in somehow, Mr. Doherty and


           20              Mr. Burke think the taxpayers are going to


           21              give up or disappear or something.  They


           22              have high hopes that this KOZ and all of the


           23              promises they made to people going through


           24              and I just don't believe it could happen


           25              right now, you know, the way things are.






            1                      Can you just imagine the graphic


            2              corruption with a $33 million project?  I


            3              wish I could get in on it, I'll tell you the


            4              damn truth.  I would be -- I would be the


            5              biggest supporter Mr. Burke ever had if they


            6              would give me a job down there.


            7                      I have another thing to change the


            8              subject, Saturday I was going down North


            9              Main Avenue, and I don't know the 2100-2200


           10              block where Pond is, there is a crew cutting


           11              down some little tiny trees that weren't as


           12              big as this post.  Now, why in the world do


           13              they have to be out there on Saturday just


           14              looking for something to do?  You ought to


           15              seen all of the people.  They had a couple


           16              of trucks and guys all over the place and


           17              flagmen and they are cutting down little


           18              trees like this.  If you go by North Main


           19              you can see what they cut down.  I mean, you


           20              know, and they were there for hours doing


           21              nothing.  I went down you know where for


           22              lunch, and I come back about three hours


           23              later and they finally left about 4:00, I


           24              guess.


           25                      MR. COURTRIGHT: Could you see three






            1              hours later or --


            2                      MR. ELLMAN:  And I don't know, but


            3              why do they have to do this on a Saturday to


            4              get all their overtime.  These little --


            5              this was just something looking for


            6              something to do.  I worked for Mr. DeNaples


            7              long enough, when he was here I would be


            8              over here.  I would learn how to hide from


            9              him and I learned how to get overtime in and


           10              all of that so I know what I'm talking


           11              about.


           12                      And I got one other thing I would


           13              like to say real quick.  I saw in the paper


           14              where King Joe and his power lifters or


           15              whatever you call them, weightlifter guys,


           16              they had some kind of meeting and donated


           17              the proceeds to St. Jude in Memphis and I


           18              thought this is nice because as tight as I


           19              am you know I support St. Judge.  It's such


           20              a wonderful organization.  Thank you.


           21                      MR. MCGOFF: Michael Apalla.


           22                      MR. APALLA:  Mike Apalla, North


           23              Scranton.  I just want to follow-up on


           24              Fellows Park, I know they brought it up last


           25              week at the meeting, they put it on record






            1              to find out where exactly the homes are that


            2              need to be raised, where they stand on the


            3              list, and I didn't know where Fellows Park


            4              the house that was there --


            5                      MR. COURTRIGHT: They tore that house


            6              down.


            7                      MR. APALLA: Get out of here?


            8                      MR. COURTRIGHT: Yeah.


            9                      MR. APALLA: See, that's I should


           10              have drove by there today.


           11                      MR. COURTRIGHT: I was going to


           12              announce it for Mr. Scopelitti -- Mr.


           13              Scopelitti, Mr. Seitzinger told me here last


           14              week, and I wasn't here last week, to


           15              announce, that if you go by it's gone.


           16                      MR. APALLA: Beautiful.  That's


           17              fantastic.


           18                      MR. COURTRIGHT:  So we are happy


           19              about that?


           20                      MR. APALLA: Because I'm talking with


           21              Dick Lasky, I'm a resident of North


           22              Scranton, and we were talking about the


           23              other homes that are up there and trying to


           24              find out -- I know last year the City of


           25              Scranton $250,000 or somewhere in the






            1              neighborhood to raze homes and I wanted to


            2              find out how much more of that money is left


            3              and where exactly the homes stand on that


            4              list so we can get those down as well


            5              because they are right down on my street on


            6              Main Avenue there.


            7                      MR. COURTRIGHT: I think you can go


            8              down and give the list off of them, I think


            9              they would give you the list down there.  I


           10              think we are trying push through the ones on


           11              Emmett Street now that are really, really


           12              bad.


           13                      MR. APALLA: Yeah, they are bad


           14              everywhere and I'm hoping each neighborhood


           15              gets one and we can move forward from there,


           16              but I thank you very much.


           17                      MS. MCGOFF: Any other speakers?


           18                      MS. WILLIAMS:  Good evening,


           19              Council.  Joanne Williams, city resident.  I


           20              was listening to a few speakers and, of


           21              course, you know how much I love this city.


           22              I look at the positive things that are here.


           23              I feel a true Scrantonian -- I know I lived


           24              though when I was very young and not so


           25              young when there was a Scranton Dry and the






            1              Globe, I remember all of these good


            2              memories.  I also remember memories of a Nay


            3              Aug Park that became drug infested for many


            4              years and now I remember a city coming back,


            5              a medical school, parks, the downtown


            6              revitalizing.  Nothing is perfect and there


            7              is going to be economic woes, but that's all


            8              over the country.


            9                      My first thing tonight is I feel


           10              it's time for our city to have a curfew for


           11              children under the age of 18.  It's


           12              astonishing to see how many young children


           13              are roaming after dark.  That's one thing I


           14              really would like to see especially -- we do


           15              have gangs in this city, there is no doubt


           16              about it, and we need to get our young


           17              people inside at a good time.


           18                      The next, correct me if I'm wrong,


           19              but it is my understanding, Mrs. Evans, this


           20              is to you, that you want to do away with


           21              business loans.  If so, Mrs. Evans, you will


           22              be chasing our young adults away.  There is


           23              one cosmetology graduate who was thinking of


           24              opening a hair salon here in the city when


           25              she graduates.  But, Mrs. Evans, you are






            1              telling her no.  What kind of plan is that?


            2              I call it no incentive for young business


            3              leaders and then we are all wondering why we


            4              are leaving.  Her plans are to move out of


            5              the city if she can't get a loan when it's


            6              time for her to open up her salon.


            7                      Last, when most of us apply for a


            8              job, a criminal background check needs to be


            9              done.  My question is as seated government


           10              officials and those running for government


           11              seats, are they required to have a criminal


           12              check done?  If not, it's time to make a


           13              motion or a law that every seated or anyone


           14              running for office must have a clear


           15              criminal record.  I certainly do not want


           16              someone making decisions for our city if


           17              they do have a record and there is a rumor


           18              floating around, and it's a rumor, it's only


           19              a rumor or hearsay that there is someone


           20              running for office that may have one.


           21                      I feel an investigation needs to be


           22              done to clarify this rumor or that person,


           23              whoever it may be, needs to step up to the


           24              plate and be honest.  You know, we all make


           25              mistakes, honesty and integrity is what






            1              really counts here and I am hoping that the


            2              Scranton Times, and I'm looking at ya, takes


            3              my concerns seriously and does an


            4              investigation and I hope you are listening,


            5              I hope you are listening to me, does an


            6              investigation because after all,


            7              Scrantonians have the right to know this.


            8                      If there is someone with the


            9              criminal background who was seated now, not


           10              only on city council, school board,


           11              whatever, there needs to be an


           12              investigation.  When you work with children


           13              or you work in the nursing field any kind of


           14              work today a criminal background check is


           15              done.  It's time that that was done and I'm


           16              hoping that seriously the Times takes this


           17              and looks into it.  Thank you, and have a


           18              good evening.


           19                      MR. MCGOFF: Anyone else?


           20                      MR. DOBRZYN:  Good evening, Council,


           21              Dave Dobrzyn.  Member of the Taxpayers', a


           22              resident of Scranton.  On 5-B, is it?  I was


           23              wondering how would this apply to


           24              discharging a firearm inside a home in the


           25              event of a somewhat egregious home invasion,






            1              because if somebody just decides to kick in


            2              your door and come in and see what they can


            3              get and is possibly armed themselves, it's a


            4              question.  Maybe you can address it after


            5              because that would be a concern.  I don't


            6              see where -- I see people on open carrier


            7              and I think --


            8                      MR. COURTRIGHT: I think you are


            9              allowed to defend your home, and I would


           10              defer to Mr. Minora.


           11                      MR. DOBRZYN:  I certainly hope so,


           12              and on 7-C I'd like to reiterate Andy


           13              Sbaraglia's concerns here.  We can't afford


           14              to lose anymore money.  And on this, it was


           15              just mentioned on criminal background


           16              checks, well, you know, our state isn't very


           17              forgiving on any criminal activity no matter


           18              how many years ago it happened, but they


           19              sure know where to come when they want taxes


           20              paid, you know, so after awhile I think


           21              maybe we should be looking into some laws


           22              that kind of forgive people and let them


           23              rejoin society instead of having them


           24              marginalized for a lifetime and unable to


           25              find certain jobs or unable to get student






            1              loans or what have you.  There is a time for


            2              forgiveness.  I mean, when something is


            3              years and years old and behind and they


            4              haven't been arrested since and so forth


            5              unless it's something like some child


            6              molesting pervert or something that, you


            7              know, or a murder, whatever, you know, it's


            8              time to start -- for society to be a little


            9              forgiving.


           10                      And few weeks ago I tuned in on ECTV


           11              and I seen the mayor and Austin Burke, and I


           12              kind of agree with Mayor Doherty on cities


           13              are going to come back because they have to


           14              with the energy and so forth, the energy


           15              problems we are facing in the future, people


           16              are going to have to reconcentrate and


           17              that's all there is to it.  But, we had a


           18              manufacture's fair and when Austin Burke


           19              spoke I often felt that Mr. Jackowicz was


           20              being a little tough on him or whatever, but


           21              he kind of gave a willy-nilly approach to


           22              courting outside manufacturers.


           23                      For instance, we had a manufacturing


           24              fair a couple of months ago, I think it was


           25              up at the Montage and a man was looking at






            1              solar panels, manufacture of solar panels to


            2              come in here, and I often wondered -- I


            3              wondered at that time when I heard Austin


            4              Burke speak are you ever trying to get


            5              people like that in to at least review the


            6              feasibility of having one of these people


            7              relocate in town because, I mean, with


            8              manufacturing you don't have to be a rocket


            9              scientist, with these trade packs whether we


           10              realize it or not we are obligating our


           11              children to walk out of school as rocket


           12              scientists and possibly there is no


           13              guarantee, if you go to college, there is no


           14              guarantee that you will ever work in the


           15              field.  There is no real guarantee and we


           16              are obligating ourselves to --  might I


           17              point out for four years of well-healed


           18              college about $120,000.  Otherwise, our kid


           19              could be become a smashing failure some day


           20              or unable to support himself or whatever.


           21              So that's something to think about.  We


           22              really need to once again try to get some


           23              manufacturers in here and instead of office


           24              space.  Offices don't -- in my opinion don't


           25              create much more than paper, some recyclable






            1              paper.  So thank you and have a good night


            2              and end of sermon.


            3                      MR. MCGOFF:  Anyone else?


            4                      MR. SLEDENZSKI: Hello, Bill.


            5                      MR. COURTRIGHT: Hi, Chris.


            6                      MR. SLEDENZSKI: Well, Bill, what


            7              happened last week?  We got crushed.  This


            8              week, Bill.  Look at my shirt, Billy.  Look


            9              at that, Billy.


           10                      MR. COURTRIGHT: Once from westsider


           11              always a westsider.


           12                      MR. SLEDENZSKI:  That's right,


           13              Billy.  That's right, Baby.


           14                      MS. SCHUMACHER: Good evening.  Marie


           15              Schumacher, resident and member of the


           16              Taxpayers' Association.  Regarding 5-C, do


           17              any of the three of you believe that that


           18              building has a market value of over


           19              $1 million?  If not, you must vote against


           20              subordinating the city's position.


           21                      MR. COURTRIGHT: 7-C.


           22                      MS. SCHUMACHER: That was last week,


           23              I guess, maybe even two weeks ago, sorry.


           24              But, yes, that building I don't think we


           25              need to be put in last place yet again.






            1                      Do we have any idea when we are


            2              going to get the audit report?


            3                      MS. EVANS: I'll address that under


            4              motions.


            5                      MS. SCHUMACHER: Thank you.  The sign


            6              restricting the truck traffic on Seymour


            7              Avenue from 307 has not been repositioned


            8              and is only readable remember from the --


            9              not from the north or south, but only from


           10              the critters across the street, and since


           11              the critters don't drive those heavy


           12              excavating trucks it would be nice if we


           13              could get that sign repositioned so that the


           14              truckers could read it and hopefully obey it


           15              even maybe.


           16                      MR. MCGOFF: I think -- I'll address


           17              it later, I'm sorry.


           18                      MS. SCHUMACHER: And I have noticed


           19              over the past several weeks the city or


           20              Borough of Dunmore has been having e-mail


           21              retention problems and I just wondered do we


           22              have a policy in the City of Scranton on


           23              retention of e-mails which are city records?


           24                      MS. EVANS: The only thing I could


           25              say would be that since the new






            1              Right-to-Know Act has occurred all e-mails I


            2              believe would be from that point forward


            3              would be public information.  For example,


            4              any council member e-mailing our office that


            5              should be public information, the responses


            6              we receive back.


            7                      MS. SCHUMACHER: But how long are


            8              they retained?  The issue is retention and


            9              if it's more than 30 days.  If we don't --


           10                      MS. EVANS: That I don't know.


           11                      MS. SCHUMACHER: My only point is if


           12              we don't have a policy I think we probably


           13              need to have one developed --


           14                      MS. GARVEY: I believe it's 90 days.


           15              I believe it's 90, but I'll have to check.


           16                      MR. MCGOFF: Thank you.


           17                      MS. SCHUMACHER: That may not even


           18              meet muster, that might -- you might want to


           19              review that.  Again, I attended the hearing


           20              yesterday on the sale or the proposals to


           21              utilize the Army Reserve Center up on Colfax


           22              Avenue, and at this meeting I learned


           23              something interesting aside from what the


           24              Howard Gardener School does, which was very


           25              exciting any and of itself, but I learned






            1              that the chamber wants to rebrand this area


            2              as a community of learning, so I guess we


            3              are seating ourselves to being a college


            4              town, which I guess may not be entirely bad,


            5              but I would hope that you the city council


            6              would start looking at what some of the


            7              other states are doing.  You look no further


            8              than Rhode Island where they currently are


            9              discussing -- their legislature is


           10              discussing two things which I think would be


           11              good for the City of Scranton and the


           12              Commonwealth of Pennsylvania.


           13                      First, they are a proposing a


           14              student tax of $150 per semester which would


           15              apply to 95 percent of the graduate,


           16              undergraduate and medical students.  It


           17              would be up to the school whether they would


           18              assess each student or if they would raise


           19              money to pay that some other way.


           20                      They have another law that they are


           21              looking at and debating to partially do away


           22              with the property tax assessment for large


           23              nonprofits requiring those with holdings


           24              valued over $20 million to pay property tax


           25              at 25 percent of the normal rate, and I






            1              think that is another thing, and I'm sure


            2              there are things around in the other states


            3              that might benefit us if somebody would take


            4              a look.


            5                      I also notice in the paper that the


            6              federal government has given amnesty to the


            7              people who were hiding their money offshore


            8              at least in Switzerland, and I think if it's


            9              good enough for the federal government it


           10              should be good enough for the City of


           11              Scranton.  I looked with dismay on all of


           12              the properties that were up for sherif's


           13              sale yesterday or that upside down or


           14              whatever the heck, I don't know what it


           15              means, anyway.


           16                      If I may just finish on the school.


           17              I would ask that you would look into the


           18              proposal of the Howard Gardener has made for


           19              the utilization of that property, and where


           20              the mayor's plan might fight in the capital


           21              budget with all of the lists, long lists of


           22              capital projects that are unfunded and maybe


           23              vote to send a letter supporting the Howard


           24              Gardener School which would have to be in by


           25              the 30th of this month.  Thank you.






            1                      MS. KRAKE: Good evening, Council.


            2              My name is Nancy Krake.  This November's


            3              general election there is one candidate for


            4              mayor.  Mayor Doherty is running for


            5              governor of Pennsylvania in 2010.  Strangely


            6              enough, he is also running for mayor of


            7              Scranton in 2009.  That's all of the office


            8              he has indicated up to now, as far as I


            9              know.  However, the mayor still has time to


           10              pick out a few other offices to run for, so


           11              he may be a candidate for congress or state


           12              representative and mayor and governor.  When


           13              will he have time to run the city?  Does he


           14              expect to be paid while he stumps across the


           15              state?  That would be theft of services.


           16                      He is so convinced he has done such


           17              a great job in Scranton raising taxes


           18              27 percent, burying us in long-term debt,


           19              dragging down the authorities with the job


           20              after job for friends and allowing NCC and


           21              Abrahamsen, Moran and Conaboy to pillage and


           22              plunder the homeowners of this city.  Come


           23              to think of it, maybe he is running away


           24              from the mess he has created.


           25                      Either way, I hope he is ready for






            1              his actions to be exposed by the real press.


            2              The real press exists outside this one


            3              newspaper town.  The Scranton Times turns a


            4              deaf ear to anything even remotely


            5              controversial this mayor does.  Every


            6              speaker, Ozzie Quinn, the paper never let


            7              the truth get in the way of their


            8              Doherty/Times lovefest.


            9                      There is one candidate for mayor


           10              this November, however, you will have to


           11              write his name in, Gary DiBileo.  Thank you.


           12                      MR. ANCHERANI: Good evening.  Nelson


           13              Ancherani, First Amendment Rights.  Last


           14              week I reported that as a result of a


           15              Right-to-Know letter to Stu Renda


           16              information received by me was for the


           17              period from 2002 through 2009.  $1,309,215


           18              has been paid to three attorneys


           19              representing the city against the fire and


           20              police unions.  Again, that's $1,309,215.


           21                      Other persons have been saying that


           22              it was over a million dollars that this


           23              mayor has paid to fight the unions.  It's a


           24              lot of money to satisfactory an ego


           25              appetite.  These are high-priced lawyers,






            1              some making as much as $600 an hour to spend


            2              over $1 million on attorneys and then we


            3              make kids pay to swim.


            4                      I also mentioned last week that


            5              Attorney George Reihner's information was


            6              requested, but that the information was


            7              excluded.  Just to refresh everyone's


            8              memories I, understand Attorney Reihner


            9              represents Mrs. Gatelli in her private


           10              lawsuit against Doherty deceit website owner


           11              Joe Pilcheski.  From what I understand,


           12              Attorney Reihner has been paid upwards of


           13              $30,000 by the city on that private lawsuit.


           14              I would have liked to ask Mrs. Gatelli if


           15              she has paid that money back to the city as


           16              this is a private lawsuit, but she is not


           17              here.  If the information I'm requesting on


           18              my Right-to-Know letter had been included I


           19              wouldn't have to ask the question, but I


           20              guess I would have anyway.


           21                      Last week I asked what was going on


           22              or what was not going on at the Connell


           23              building.  Did the construction work stop


           24              there?  Every time I go by I don't see any


           25              construction workers.  Anybody else see any






            1              construction workers?  I see workers working


            2              on the $35 million parking garage that is


            3              connected to the Connell building, but no


            4              one at the Connell building, unless they are


            5              invisible.  Did we run out of the


            6              $35 million already since the Scranton


            7              Parking Authority was going to default on


            8              the bond payment and since they forgave


            9              $665,000 to Molly Brannigan's before they


           10              skipped town.  Will the city taxpayers be


           11              responsible for the loans and how could they


           12              with be defaulting anyway on any bonds or


           13              loans when $879,000 was given to the Parking


           14              Authority from the 2009 budget for parking,


           15              citation issuers.  It's a lot of money and


           16              they'd have to have a lot of issuers.


           17                      What's going on, three businesses


           18              defaulting on their loans to the tune of


           19              $722,000, now the Ice Box closed.  What


           20              about our $600,000 for the old DPW property


           21              where the Ice Box is located?  Now that they


           22              are closed is that money to be gone also?


           23              What about the $2 million that was lost


           24              through accounting errors at the tax office?


           25              How much is that now when we add in the






            1              5.5 million American Anglican arbitration


            2              loss and the 250,000 plus for the torn down


            3              former Casey parking garage?  When we total


            4              it out it's over $11.6 million.  Now I see


            5              why we can't let kids swim free, we are busy


            6              throwing good money after bad.


            7                      There is so much more, but don't


            8              worry, Taxpayers, you will foot the bills,


            9              and as I said before, grab your ankles and


           10              kiss your butts goodbye.  Thank you.


           11                      MR. MCGOFF: Anyone else?


           12              Mrs. Evans?


           13                      MS. EVANS: Thank you.  Good evening.


           14              At last week's council meeting, I stated


           15              that Mr. Robert Scopelitti, executive


           16              director of the Scranton Parking Authority,


           17              would attend a public caucus this evening to


           18              discuss the financial status of the Scranton


           19              Parking Authority and it's give-aways to the


           20              former Molly Brannigan's Restaurant and Pub.


           21                      Although, Mr. Scopelitti had agreed


           22              to speak to council in it's back office,


           23              rather than in public, he has since


           24              declined.  After he met with the Scranton


           25              Parking Authority Board and solicitor, it






            1              was decided he would not attend tonight's


            2              caucus.  Since his meeting was scheduled in


            3              the back office by Mr. McGoff, it is now


            4              quite obvious that Mr. Scopelitti, the


            5              Scranton Parking Authority Board and


            6              solicitor are, indeed, trying to avoid city


            7              council.  It is inexcusable that the meeting


            8              was cancelled, particularly since it was


            9              members of council who approved the Parking


           10              Authority's $35 million bond issues, revenue


           11              bond issue, and who also approved OECD loans


           12              to some of the Authority's tenants.


           13                      It seems the Parking Authority


           14              wishes to continue it's pattern of secrecy


           15              and skirt accountability and transparency.


           16              Apparently the board, solicitor, and


           17              administrators have forgotten that the city


           18              pledged it's full faith and credit for it's


           19              loans, therefore, it is the taxpayers who


           20              are responsible for the Parking Authority's


           21              debt should it fail to meet it's financial


           22              obligations.  In other words, the Parking


           23              Authority cannot go bankrupt.  These


           24              payments by law will be made and if not made


           25              by the revenue from the Parking Authority it






            1              will be made through the taxing power of the


            2              citizens of the Scranton.


            3                      In addition, in December 2008, the


            4              Parking Authority received a million dollar


            5              line of credit to balance it's 2009 budget


            6              and funds remained to carry over actually


            7              into this year.  Now, Mr. Scopelitti is


            8              seeking another line of credit to pay end of


            9              year bills for 2009.  It appears the


           10              Scranton Parking Authority is on very shaky


           11              financial ground despite Mr. Scopelitti's


           12              protests.


           13                      We did receive, as President McGoff


           14              indicated under announcements, a letter


           15              today from Mr. Paul A. Kelly.  I'm assuming


           16              he is the solicitor or one of the solicitors


           17              to the Scranton Parking Authority.  I'm not


           18              going to read the entire letter, but I will


           19              skip to the third paragraph:


           20                      "Further, as you know the Scranton


           21              Parking Authority is a separate legal entity


           22              and we wish to keep the lines of


           23              communication open, however, any future


           24              appearances by Mr. Scopelitti or any other


           25              Scranton Parking Authority personnel must be






            1              conducted in council caucus not to be taped


            2              or aired by television media."


            3                      Now, in response to this letter, I


            4              move to send a letter to Mr. Paul Kelly


            5              indicating that because the public is


            6              ultimately responsible for the revenue bond


            7              debt of the Parking Authority, any caucus


            8              conducted between city council and the


            9              Scranton Parking Authority will be held in


           10              council chambers and it will be televised.


           11                      MR. COURTRIGHT: Second.


           12                      MR. MCGOFF: On the question?  All in


           13              favor signify by saying aye.


           14                      MS. EVANS: Aye.


           15                      MR. COURTRIGHT: Aye.


           16                      MR. MCGOFF:  Opposed?  No.  The ayes


           17              have it and so moved.


           18                      MS. EVANS:  Now, if I might, I just


           19              wanted to further explain, a revenue bond is


           20              very different from other types of bonds.


           21              For example, the interest rate for a revenue


           22              bond is typically higher and the bond rating


           23              for a revenue bond is typically lower.  It


           24              is often called a double-barrel bond, and as


           25              I stated before legally the bonds can never






            1              be in default because the City of Scranton


            2              pledged it's full faith and credit behind it


            3              which means the power of taxation.


            4                      Now, if the Parking Authority were


            5              unable to meet it's financial obligations,


            6              and it is quite difficult today to approach


            7              any for refinancing for a line of credit,


            8              for loans, in fact, because of the


            9              struggling national economy, we as a city


           10              council and the mayor would have to provide


           11              the funds for payment of their revenue bond


           12              issues within the city's operating budget


           13              and it is not farfetched to say this could


           14              happen even in the 2010 budget, but let's be


           15              frank, the city has no reserve upon which it


           16              can draw to make these payments.  Who does


           17              that leave?  The taxpayers.


           18                      And so you see, Mr. Scopelitti and


           19              the board of directors of the Scranton


           20              Parking Authority do indeed hold a


           21              significant responsibility to answer to


           22              Scranton City Council and to the taxpayers


           23              of Scranton, and I will not submit questions


           24              that can be answered by their attorneys.


           25              They will come to council or council will






            1              come to them.


            2                      Also, many speakers tonight had a


            3              question about the 2008 independent audit.


            4              Council, as I mentioned earlier, did receive


            5              a draft copy of the 2008 independent audit


            6              today.  The city's management and discussion


            7              analysis section must be prepared in the


            8              near future and the exit conference must be


            9              scheduled, and so council does hope to have


           10              the final audit on it's agenda within the


           11              next, let us say, possibly two weeks.


           12                      Last week, I was informed by a Times


           13              reporter that a revised Recovery Plan will


           14              be presented to council in November for it's


           15              approval.  The presentation of the plan will


           16              coincide with the submission of the mayor's


           17              2010 operating budget.  I believe that the


           18              Pennsylvania Economy League or PEL is


           19              attempting to railroad a Recovery Plan


           20              through city council prior to any potential


           21              changes in Scranton's elected leadership.


           22              Elected offices, as you know, will not be


           23              decided until the November election.  The


           24              city council majority may change in


           25              January 2010, thus, allowing a lame duck






            1              council to approve a revised Recovery Plan


            2              rather than the council who must work with


            3              it for the next four years.


            4                      Equally important, Scranton mayor


            5              seems more interested in a Harrisburg office


            6              than he is in another term in city hall.


            7              Devoting a significant amount of time and


            8              attention to his potential run for the


            9              governor's office, Mr. Doherty may well be


           10              neglecting his responsibilities to his home


           11              city.  As the financial house of cards and


           12              economic development come tumbling down, the


           13              mayor is trying to make a rapid escape.  He


           14              should focus on his current job, the job he


           15              disingenuously proclaimed he wanted for


           16              another term and clean up his mess in


           17              Scranton.


           18                      Thus, Scrantonians may elect a mayor


           19              who wants to leave shortly into his new term


           20              of office.  If PEL is genuinely sincere in


           21              any attempts to assist our city in lifting


           22              it's distressed status, it will wait until


           23              2010 to present it's revised Recovery Plan


           24              to the elected officials and taxpayers of


           25              Scranton.  It should not tie the hands of






            1              our city's next council and mayor.  However,


            2              Mr. Doherty has openly violated his own


            3              Recovery Plan for the last seven or


            4              eight years while the Pennsylvania Economy


            5              League enabled him with its silence and


            6              council members predictably supported his


            7              agenda.  The Doherty administration has set


            8              a precedent of violations opening the door


            9              to potential future violations.


           10                      If PEL and DCED are serious about a


           11              revised Recovery Plan and lifting Scranton's


           12              distressed status, they will wait and work


           13              with the elected officials who will serve


           14              our city for the next four years and present


           15              their plan to the people throughout the


           16              sections of our city.  To present it's plan


           17              in 2009 is to work against not only elected


           18              officials, but also the taxpayers of


           19              Scranton, many of whom already view the


           20              Pennsylvania Economy League as an albatross.


           21              Many taxpayers perceive the expired Recovery


           22              Plan as a failure that swelled management


           23              positions and salaries, unduly increased


           24              taxes, and created historical debt.


           25                      PEL must work diligently and






            1              honestly to restore our confidence in a


            2              revised Recovery Plan and to a swage


            3              formidable opposition.  Appropriate timing


            4              of the Recovery Plan presentation to council


            5              can be the first act of good faith by PEL


            6              toward the taxpayers of Scranton.


            7                      Next, Kay, were you able to locate


            8              any legislation concerning dumpsters or


            9              trash compactors since last week?


           10                      MS. GARVEY:  No, nothing that


           11              pertained to that particular issue.  It was


           12              just I believe like 15 feet from, you know,


           13              like a residence or something like that


           14              would have been allowed, but nothing


           15              further.


           16                      MS. EVANS: Okay.  Thank you.  In the


           17              event though I would hope that the matter


           18              between the residents of the Hill Section


           19              and the University of Scranton would not be


           20              amicably and satisfactorily taken care of, I


           21              would like city council to look into


           22              drafting an ordinance that would pertain to


           23              the location of trash compactors within


           24              residential neighborhoods.


           25                      I also wanted to address a question






            1              that was posed to me earlier this evening by


            2              a speaker regarding business loans, OECD


            3              business loans, and I believe the speaker


            4              made a statement that I am against all


            5              business loans, and frankly, nothing could


            6              be further from the truth.  If one were to


            7              examine my voting record over the last six


            8              years, I have approved many loans that have


            9              been given through OECD.  However, I don't


           10              approve loans that turn into let us say a


           11              grant, a freebie, a loan that will never be


           12              repaid.  I don't approve loans that I


           13              consider to be a poor risk after I have done


           14              the research on the particular business and


           15              I will not approve any such loans going


           16              forward either.


           17                      When a business applies for a loan


           18              and they have proven themselves to be a


           19              viable business with the proper background


           20              and the ability to make repayment and they


           21              also reflect an absence of tax liens against


           22              them, then I will be vote in favor as I have


           23              always done.  When that is not part of the


           24              picture, I will continue to vote "no."


           25                      And finally, I have citizens'






            1              requests for the week:  The corner of Olive


            2              Street and Wheeler Avenue, the house is


            3              boarded up and the property is again


            4              overgrown with high grass and weeds.  By the


            5              curb, the fire hydrant is blocked from view


            6              by high weeds.  This problem was cleaned and


            7              cut during the last several months by a


            8              neighbor and by my husband.  Please contact


            9              the property owner who must take


           10              responsibility and the city ordinances must


           11              be enforced.


           12                      PEL summaries.  Council requests


           13              summaries of meetings between PEL and city


           14              representatives.  The last summary received


           15              was for August 10, 2009.  Also, please


           16              provide detailed summaries since previous


           17              cursory summaries are of little value to


           18              council.


           19                      Since April 2009, I have requested


           20              from Mr. Stu Renda information regarding all


           21              management employees.  Salaries, health care


           22              contributions, etcetera.  Council's office


           23              will have several requests for this


           24              information on file.  Kay, I would like to


           25              send a Right-to-Know request to Mr. Renda






            1              for this information as soon as possible.


            2              Refer to prior letters for the exact


            3              information being requested, and again, it


            4              is inexcusable that the business manager


            5              failed to provide information requested by


            6              elected officials of Scranton.


            7                      Further, identical information


            8              regarding union employees, identical


            9              information regarding union employees was


           10              supplied in April or May 2009 to


           11              Councilwoman Fanucci.  Consequently, there


           12              is no reason to justify Mr. Renda's


           13              deliberate failure to provide management


           14              information.


           15                      An update on North Cameron Avenue


           16              flooding:  A PennDOT engineer will assess


           17              the flooding issues within two weeks.  Both


           18              Representative Murphy's office and PennDOT


           19              were shocked by photos from a ten-minute


           20              rainstorm supplied by Mr. Newcomb.  They


           21              have assured residents of North Cameron


           22              Avenue that they will not let the issue rest


           23              and this is indeed very encouraging news


           24              since the city has failed to properly


           25              address the problem for years.






            1                      And finally, please provide an


            2              update on the progress of the Connell


            3              Building to Scranton City Council, and


            4              that's it.


            5                      MR. MCGOFF: Mr. Courtright?


            6                      MR. COURTRIGHT:  Yes, I would like


            7              to compliment the Scranton Fire Department.


            8              Last week directly across the street from my


            9              karate school there was a fire and I


           10              happened to be there when it initiated, and


           11              there is not one person that was standing


           12              there in the beginning watching thinking


           13              that the whole block was going to go.  I


           14              mean, we all believed the whole block was


           15              going to go.  They got there, they called


           16              the second alarm right away.  They not only


           17              saved the building that was on fire, but


           18              neither building on either side received any


           19              fire damage, maybe some smoke damage, so


           20              they just in my opinion did an unbelievably


           21              good job and I would like to congratulate


           22              them for that.


           23                      Fellows Park, as the gentleman said


           24              earlier, I was not here last week I was out


           25              of town, and Mr. Seitzinger did inform me






            1              that they tore that house down and I want to


            2              thank him for that.  I will ask them to be


            3              pursuing the two on Emmett Street.  I went


            4              there after the last meeting the next


            5              morning they are really, really bad.  I went


            6              up on the porch to see the date that they


            7              were condemned, it was 2005, and all day


            8              long I feel like I had bugs on me from


            9              walking on that porch, so I wouldn't want to


           10              live in that neighborhood.


           11                      I forget, someone brought up a


           12              curfew for 18 years old, I don't remember


           13              who it was, but the mayor of West Pittston,


           14              Bill Gouldsworthy, happens to be a friend of


           15              mine and I had just had this discussion with


           16              him last week.  They do have a curfew in


           17              their town, and I don't know if it would be


           18              something that would fit in Scranton, but he


           19              seems to think it's worked extremely well in


           20              his town.  They also have an ordinance that


           21              does not allow anybody under the age of I


           22              believe 18 or maybe 16 to smoke in public in


           23              their town, and that has also worked out


           24              well for them, so I don't know if it's a


           25              good fit for the City of Scranton or not,






            1              but if we are willing to do that maybe Mayor


            2              Goldsworthy would be somebody we would want


            3              to speak to.


            4                      And I don't know if it's something I


            5              should talk about, I don't have a criminal


            6              background, as far as I know.  I have never


            7              been arrested but -- -


            8                      MR. DOBRZYN: Are you sure about


            9              that, Bill?


           10                      MR. COURTRIGHT:  I'm pretty sure,


           11              but I think there is only certain things


           12              that would prevent us from running from


           13              office, and as the speaker said we have all


           14              made mistakes, you know, in the past and


           15              especially I think if it was a mistake maybe


           16              we made when we were a minor, you know.  I


           17              think some of us have done some things that


           18              we are not proud of.  I think some of us


           19              have done some things that we might be happy


           20              we got away it with, and as you get older I


           21              think you realize that more and more, so I


           22              don't know if anybody up here has a criminal


           23              background or not, but I think if


           24              it's something that would prevent you from


           25              running then maybe the public needs to know






            1              about it, but if it's something that would


            2              be considered harmless, and I'm not trying


            3              to trivialize anything that's a crime, but


            4              how many children have gotten grabbed


            5              possibly say for underage drinking?  You


            6              know, I know we don't want to admit that,


            7              but I think there has been quite a few in


            8              this town that that's happened to and I


            9              don't think that should prevent them from


           10              running, and I don't think it does prevent


           11              them from running.


           12                      Am I against saying our background,


           13              no, but I don't think dredging up something


           14              maybe that was minor when we were kids is


           15              necessary if, in fact, that's the case.  If


           16              it's something worse, obviously.  And I


           17              think that's all I have.  Thank you.


           18                      MS. EVANS: Mr. Courtright, if I


           19              could just add something to what you are


           20              saying, I don't believe the city though has


           21              any laws pertaining to the subject that you


           22              just discussed, I think the laws are set by


           23              the Commonwealth of Pennsylvania and then,


           24              of course, we have many rules and


           25              regulations that must be adhered to that are






            1              set by the county, specifically, the Office


            2              of the Voter Registration, and I know, for


            3              example, and you might remember this,


            4              several years ago I was very interested in


            5              pay-to-play legislation for the City of


            6              Scranton setting a ceiling on the amount,


            7              the dollar amount of contributions that


            8              could be received by any candidate running


            9              for city office, and I was prevented from


           10              doing so because it is the state that


           11              determines that law and it would be the


           12              state legislature who would have to amend


           13              that law concerning pay-to-play and that


           14              Scranton, for example, would have been in


           15              violation of state laws in order to pass any


           16              such legislation.


           17                      So I do think probably what was


           18              being inferred earlier is already covered by


           19              state law and I think we've seen the -- we


           20              have seen some of that even in practice


           21              locally when an individual has been


           22              convicted of, was it a felony crime, they


           23              can't pursue -- or they can pursue an


           24              office, but they can't serve.


           25                      MR. COURTRIGHT: That's right.






            1                      MS. EVANS: That may have been the


            2              situation, so I don't believe that anyone on


            3              a city level is able to draft and pass such


            4              legislation.  I think you know.  As I said.


            5              It's already covered by the State of


            6              Pennsylvania.


            7                      MR. COURTRIGHT: Let me just say


            8              this, the reason I brought it up was a few


            9              years back someone, I guess I could consider


           10              him a friend, was running for an office, not


           11              city council, here in this city and I'll


           12              never forget at a political campaign party,


           13              I believe it was at Shooter's, someone


           14              saying to this individual, "You can't run


           15              for office, you have been arrested."


           16                      And he pretty much knew right then


           17              and there he was able to run.  I don't think


           18              it was a felony that he was convicted of and


           19              it was something that this individual had


           20              done when they were younger and probably


           21              that much us have done similar to what he


           22              had done.  I didn't, but other people might


           23              have.  But anyway, I'll never forget it.  It


           24              was many years ago when I very first ran for


           25              office and so I listened intently to see






            1              what they were saying, and this individual


            2              knew right away they were able to run and,


            3              in fact, he did allude to the fact that it


            4              wasn't local, it was state that created the


            5              laws, but I'll leave it at that.  Thank you.


            6                      MR. MCGOFF: I would just like to


            7              address the issue of the Parking Authority


            8              and Mr. Scopelitti's declining our request


            9              to attend caucus.  Also, contained in the


           10              letter that Mrs. Evans referenced was the


           11              statements that requested council make a


           12              formal request for the appearance of the


           13              executive director and any Scranton Parking


           14              Authority's materials council may want to


           15              review and that council make this formal


           16              request and that all issues council may wish


           17              to discuss may be listed in said request.  I


           18              don't think that that's an unreasonable --


           19                      MS. EVANS: We did that though.


           20                      MR. MCGOFF: -- request.  Excuse me.


           21              I don't think that that's unreasonable.  I


           22              believe that if we want honest and open


           23              answers to questions from anyone coming to


           24              caucus that they should have a prior


           25              knowledge of what it is that is being






            1              requested so --


            2                      MR. SPINDLER: So they can rehears.


            3                      MR. MCGOFF: Excuse me, you had your


            4              opportunity.  Also, claims of the -- claims


            5              of default that are being made or claims


            6              that the Parking Authority may default on


            7              paying it's bills are supposition, they are


            8              not facts and yet they are being presented


            9              to the public as facts.


           10                      Also, claims of forgiveness of rent


           11              may be misleading.  What was reported may


           12              not be the entirety of the truth concerning


           13              Brannigans, and I also believe that, and the


           14              reason I voted against Mrs. Evans' motion, I


           15              think that that motion pretty much


           16              guarantees that no one from the Parking


           17              Authority will appear at a caucus.


           18                      MR. SPINDLER: Subpoena them.


           19                      MR. MCGOFF: Please leave,


           20              Mr. Spindler.


           21                      MR. SPINDLER:  All right.  You don't


           22              have to ask.


           23                      MR. MCGOFF: Thank you.


           24                      MR. SPINDLER: You are pathetic.


           25                      MR. MCGOFF:  I think if history --






            1              if we can use history as a reference point,


            2              the attempts to subpoena public officials


            3              end up in the courts and they never appear.


            4              I will reference the former tax collector of


            5              the infamous Single Tax Office who, you


            6              know, we still have not been able to get any


            7              resolution on that issue and I think that


            8              that's what's going to happen whenever we


            9              request someone from the Parking Authority


           10              to appear that they will simply go to court


           11              and claim that they do not have to appear


           12              and we will never get the information that


           13              we want.


           14                      I wish that Mr. Scopelitti appeared


           15              this evening at caucus.  It would have


           16              solved, you know, a lot of problems for us.


           17              We could have gotten the information, but he


           18              didn't and they decided to pursue this in


           19              another way.  I think if we want -- if we


           20              want the information then that has been


           21              requested then we need to pursue it in a


           22              different way.  We are not going to get it


           23              by making demands that are going to end up


           24              in the court.  I think we need to have


           25              answers.  I wish that we could have found






            1              another way of deriving at them, another


            2              resolution to the problem.  Hopefully, in


            3              the next couple of weeks we can.


            4                      Mr. Scopelitti did indicate to me


            5              that any information that was requested from


            6              council if it was in written form would be


            7              replied to immediately.  I don't know if


            8              that will satisfy what people want, but it


            9              may be at least a step towards getting the


           10              information that we need.


           11                      MR. COURTRIGHT: Mr. McGoff, can I


           12              ask one question, please?


           13                      MR. MCGOFF: Sure.


           14                      MR. COURTRIGHT:  I was wondering,


           15              Kay, if you could find out for us, I have no


           16              idea who is on the board of the Parking


           17              Authority.  Could you possibly get that list


           18              for us?  It just dawned on me I have no clue


           19              who is on that board because am I correct in


           20              saying that the board agreed that that's


           21              what would take place, they wouldn't come or


           22              was it just Mr. Scopelitti and the attorney?


           23                      MR. MCGOFF: The letter indicates he


           24              is complying with the Scranton Parking


           25              Authority Board's directive.






            1                      MR. COURTRIGHT: All right.  If you


            2              don't mind, Kay.  Thank you.


            3                      MR. MCGOFF: Thank you.


            4                      MS. EVANS: But just for clarity's


            5              sake, council had made a formal request and


            6              that request was made with the agreement of


            7              council members, and so again the argument


            8              doesn't really hold water.


            9                      MR. MCGOFF: Prior to Fifth Order,


           10              prior to a 5-B I would like to make a motion


           11              that Mr. Courtright be named temporary chair


           12              for the Committee on Community Development.


           13                      MS. EVANS: Second.


           14                      MR. MCGOFF: On the question?  All in


           15              favor signify by saying aye.


           16                      MS. EVANS: Aye.


           17                      MR. COURTRIGHT: Aye.


           18                      MR. MCGOFF: Aye.  Opposed?  The ayes


           19              have it and so moved.  Mrs. Garvey?


           20                      MS. GARVEY: Before beginning with


           21              Fifth Order I just want to make a


           22              correction.  There is typo in the agenda


           23              that appeared.  In Fifth Order there are two


           24              items that are enumerated 5-B, so that's


           25              just a typo, so where you see the first 5-B






            1              that's correct and then we'll move on from


            2              there to 5-C, D, E and F.


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


            4              AN ORDINANCE - TO AMEND CHAPTER 232 OF THE


            5              CODE OF THE CITY OF SCRANTON TO REPEAL


            6              ARTICLE I OF CHAPTER 232 TITLED "FIREARMS"


            7              AND REPLACE WITH A NEW ARTICLE I TITLED


            8              "FIREARMS", TO PROVIDE FOR DEFINITIONS,






           11              REMAINING SECTIONS OF CHAPTER 232 IN


           12              SEQUENTIAL ORDER.


           13                      MR. MCGOFF:  At this time I'll


           14              entertain a motion that Item 5-B be


           15              introduced into it's proper committee.


           16                      MR. COURTRIGHT: So moved.


           17                      MS. EVANS:  Second.


           18                      MR. MCGOFF:  On the question?


           19                      MS. EVANS: Yes.  Mr. Courtright, can


           20              you possibly summarize for the public the


           21              new article on Firearms of Chapter 232 of


           22              the city code that's supposed to replace the


           23              previous article?


           24                      MR. COURTRIGHT: Yeah.  One of the


           25              things they wanted to do is it's requiring






            1              you if you have a firearm that's lost or


            2              stolen that you report it within a 48-hour


            3              period, and also the discharging of a


            4              firearm in the City of Scranton with


            5              somebody other than a police officer


            6              carrying out their duties.


            7                      MS. EVANS: Okay.  Thank you.


            8                      MR. COURTRIGHT:  You are welcome.


            9                      MR. MCGOFF: All those in favor


           10              signify by saying aye.


           11                      MS. EVANS:  Aye.


           12                      MR. COURTRIGHT:  Aye.


           13                      MR. MCGOFF:  Aye.  Opposed?  The


           14              ayes have it and so moved.


           15                      MS. GARVEY: 5-C.  FOR INTRODUCTION -


           16              A RESOLUTION - APPOINTMENT OF PETER P.


           17              CUPPLE, M.D., 1656 SANDERSON AVENUE,


           18              SCRANTON, PENNSYLVANIA, 18509, AS A MEMBER




           20              FOR AN ADDITIONAL FIVE (5) YEAR TERM. DR.


           21              CUPPLE'S CURRENT TERM EXPIRES ON OCTOBER 11,


           22              2009 AND HIS NEW TERM WILL EXPIRE ON OCTOBER


           23              11, 2014.


           24                      MR. MCGOFF:  At this time I'll


           25              entertain a motion that Item 5-C be






            1              introduced into it's proper committee.


            2                      MR. COURTRIGHT: So moved.


            3                      MS. EVANS: Second.


            4                      MR. MCGOFF:  On the question?  All


            5              in favor signify by saying aye.


            6                      MS. EVANS:  Aye.


            7                      MR. COURTRIGHT:  Aye.


            8                      MR. MCGOFF:  Aye.  Opposed?  The


            9              ayes have it and so moved.


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


           11              A RESOLUTION -  APPOINTMENT OF RICHARD J.


           12              LEONORI, AIA, 848 NORTH IRVING AVENUE,


           13              SCRANTON, PENNSYLVANIA, 18510, AS A MEMBER




           15              FOR AN ADDITIONAL (5) YEAR TERM. MR.




           17              11, 2009 AND HIS NEW TERM WILL EXPIRE ON


           18              OCTOBER 11, 2014.


           19                      MR. MCGOFF:  At this time I'll


           20              entertain a motion that Item 5-D be


           21              introduced into it's proper committee.


           22                      MR. COURTRIGHT: So moved.


           23                      MS. EVANS:  Second.


           24                      MR. MCGOFF:  On the question?  All


           25              in favor signify by saying aye.






            1                      MS. EVANS:  Aye.


            2                      MR. COURTRIGHT:  Aye.


            3                      MR. MCGOFF:  Aye.  Opposed?  The


            4              ayes have it and so moved.


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


            6              A RESOLUTION - APPOINTMENT OF JOHN T.


            7              COGNETTI, 917 SUNSET STREET, SCRANTON,


            8              PENNSYLVANIA, 18509, AS A MEMBER OF THE




           10              ADDITIONAL FIVE (5) YEAR TERM. MR.




           12              11, 2009 AND HIS NEW TERM WILL EXPIRE ON


           13              OCTOBER 11, 2014.


           14                      MR. MCGOFF:  At this time I'll


           15              entertain a motion that Item 5-E be


           16              introduced into it's proper committee.


           17                      MR. COURTRIGHT: So moved.


           18                      MS. EVANS:  Second.


           19                      MR. MCGOFF:  On the question?  All


           20              in favor signify by saying aye.


           21                      MS. EVANS:  Aye.


           22                      MR. COURTRIGHT:  Aye.


           23                      MR. MCGOFF:  Aye.  Opposed?  The


           24              ayes have it and so moved.


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






            1              A RESOLUTION - APPOINTMENT OF RALPH A.


            2              SCARTELLI, 1208 RUNDLE STREET, SCRANTON,


            3              PENNSYLVANIA, 18504, AS A MEMBER OF THE




            5              ADDITIONAL FIVE (5) YEAR TERM. MR.




            7              11, 2009 AND HIS NEW TERM WILL EXPIRE ON


            8              OCTOBER 11, 2014.


            9                      MR. MCGOFF:  At this time I'll


           10              entertain a motion that Item 5-F be


           11              introduced into it's proper committee.


           12                      MR. COURTRIGHT: So moved.


           13                      MS. EVANS:  Second.


           14                      MR. MCGOFF:  On the question?  All


           15              in favor signify by saying aye.


           16                      MS. EVANS:  Aye.


           17                      MR. COURTRIGHT:  Aye.


           18                      MR. MCGOFF:  Aye.  Opposed?  The


           19              ayes have it and so moved.


           20                      MS. GARVEY: SIXTH ORDER.  NO


           21              BUSINESS AT THIS TIME.  SEVENTH ORDER.  7-A.




           23              SAFETY - FOR ADOPTION -  FILE OF COUNCIL NO.


           24              81, 2009 - ESTABLISHING PERMIT PARKING ONLY


           25              IN THE 700 BLOCK OF EAST OLIVE STREET FROM






            1              MADISON AVENUE TO MOIR COURT.


            2                      MR. MCGOFF:  What is the


            3              recommendation of the Chair for the


            4              Committee on Public Safety?


            5                      MR. COURTRIGHT:  As Chair for the


            6              Committee on Public Safety, I recommend


            7              final passage of Item 7-A.


            8                      MS. EVANS: Second.


            9                      MR. MCGOFF:  On the question?  Roll


           10              call, please?


           11                      MS. MAGNOTTA:  Mrs. Evans.


           12                      MS. EVANS:  Yes.


           13                      MS. MAGNOTTA:  Mrs. Gatelli.  Ms.


           14              Fanucci.  Mr. Courtright.


           15                      MR. COURTRIGHT:  Yes.


           16                      MS. MAGNOTTA: Mr. McGoff.


           17                      MR. MCGOFF:  Yes.  I hereby declare


           18              Item 7-A legally and lawfully adopted.


           19                      MS. GARVEY: 7-B.  FOR CONSIDERATION




           21              FOR ADOPTION - FILE OF COUNCIL NO. 84, 2009


           22              - AMENDING FILE OF COUNCIL NO. 49, 2006 AS






















            6              PROGRAM AND EMERGENCY SHELTER GRANT (ESG)


            7              PROGRAM", BY TRANSFERRING $241,000.00 FROM


            8              PROJECT 07-225 SLIBCO TO PROJECT 05-154


            9              FRIENDSHIP HOUSE.


           10                      MR. MCGOFF:  What is the


           11              recommendation of the Temporary Chairperson


           12              for the Committee on Community Development?


           13                      MR. COURTRIGHT: As Temporary Chair


           14              for the Committee on Community Development,


           15              I recommend final passage of Item 7-B.


           16                      MR. EVANS: Second.


           17                      MR. MCGOFF:  On the question?  Roll


           18              call, please?


           19                      MS. MAGNOTTA: Mrs. Evans.


           20                      MS. EVANS:  Yes.


           21                      MS. MAGNOTTA:  Mrs. Gatelli.  Ms.


           22              Fanucci.  Mr. Courtright.


           23                      MR. COURTRIGHT:  Yes.


           24                      MS. MAGNOTTA: Mr. McGoff.


           25                      MR. MCGOFF:  Yes.  I hereby declare






            1              Item 7-B legally and lawfully adopted.


            2                      MS. GARVEY: 7-C. FOR CONSIDERATION -




            4              FOR ADOPTION - RESOLUTION NO. 175, 2009 -










            9              1, 2006 IN THE PRINCIPAL AMOUNT OF


           10              $250,000.00, SECURED UPON THE HISTORIC GAR


           11              BUILDING LOCATED AT 305 LINDEN STREET,


           12              SCRANTON, PENNSYLVANIA (THE "PROPERTY"), TO


           13              A FIRST MORTGAGE IN THE AMOUNT OF


           14              $800,000.00 THAT DTK VENTURES, L.P. INTENDS


           15              TO GRANT TO FIRST LIBERTY BANK AND TRUST ON


           16              THE PROPERTY.


           17                      MR. MCGOFF:  What is the


           18              recommendation of the Temporary Chair for


           19              the Committee on Community Development?


           20                      MR. COURTRIGHT:  As Temporary Chair


           21              for the Committee on Community Development,


           22              I recommend final passage of Item 7-C.


           23                      MS. EVANS: Second.


           24                      MR. MCGOFF:  On the question?


           25                      MS. EVANS: A few short months ago






            1              council considered similar legislation to


            2              subordinate a loan for Mr. Brian Murray of


            3              Murray Insurance who has since lost his


            4              Pennsylvania license to provide insurance.


            5              Just as I advised and voted against that


            6              loan subordination agreement, I again oppose


            7              tonight's legislation to subordinate the


            8              city to a second position on yet another


            9              loan agreement.


           10                      The city should be paid in full just


           11              as the bank is being paid in full.  The city


           12              has made too many errors in judgment when


           13              awarding business loans and subordinating


           14              it's position for repayment of loans.  It


           15              can ill-afford to risk nonpayment again,


           16              particularly in light of several recent


           17              loans that have defaulted, become delinquent


           18              or seen bankruptcy.  I will be voting "no."


           19                      MR. MCGOFF:  This is a refinancing


           20              of the loan.  The people that had the


           21              original loan have been paying on it, the


           22              there is reasonable expectation that they


           23              will continue to pay on the loan, and a


           24              reasonable expectation that it will be


           25              benefit to the community.  I think that






            1              looking at this in light of something that


            2              happened in the past is doing a disservice.


            3              We should look at this in it's -- as a


            4              singularity rather than part of something


            5              that is tied to disparate other loans.


            6                      MS. EVANS: Well, I can look at it in


            7              it's singularity and I would say since the


            8              individuals are receiving a loan from a


            9              second bank and repaying their loan from the


           10              original bank and just carrying the city


           11              over as part of their loan payments and in


           12              the mean time they have increased


           13              significantly the dollar amount that is


           14              being borrowed from the original loan to the


           15              second loan, I believe this new loan will be


           16              for $800,000, and certainly the city could


           17              have been paid in full and the city should


           18              have been paid in full just as the bank, the


           19              first bank was paid in full.


           20                      MR. MCGOFF:  Anyone else?  Roll


           21              call, please?


           22                      MS. MAGNOTTA: Mrs. Evans?


           23                      MS. EVANS: No.


           24                      MS. MAGNOTTA: Mrs. Gatelli.  Mrs.


           25              Fanucci.  Mr. Courtright.






            1                      MR. COURTRIGHT:  No.


            2                      MS. MAGNOTTA:  Mr. McGoff.


            3                      MR. MCGOFF: Yes.  Item 7-C is


            4              defeated.


            5                      MS. GARVEY: 7-D. FOR CONSIDERATION


            6              BY THE COMMITTEE ON RULES - FOR ADOPTION -


            7              RESOLUTION NO. 176, 2009 - AUTHORIZING THE








           11              MUSIC, INC. ("BMI") TO LICENSE THE




           13              SCRANTON FOR A FLAT ANNUAL FEE.


           14                      MR. MCGOFF: As Chair for the


           15              Committee on Rules, I recommend final


           16              passage of Item 7-D.


           17                      MR. COURTRIGHT: Second.


           18                      MR. MCGOFF: On the question?  Roll


           19              call, please?


           20                      MS. MAGNOTTA: Mrs. Evans.


           21                      MS. EVANS: Yes.


           22                      MS. MAGNOTTA: Mrs. Gatelli.  Mrs.


           23              Fanucci.  Mr. Courtright.


           24                      MR. COURTRIGHT: Yes.


           25                      MS. MAGNOTTA: Mr. McGoff.






            1                      MR. MCGOFF: Yes.  I hereby declare


            2              Item 7-D legally and lawfully adopted.


            3                      MR. COURTRIGHT: Motion to adjourn.


            4                      MR. MCGOFF: Thank you.  Thank you


            5              for your participation.


















































            3                     C E R T I F I C A T E




            5        I hereby certify that the proceedings and


            6   evidence are contained fully and accurately in the


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


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


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


           10   ability.







                                    CATHENE S. NARDOZZI, RPR

           14                       OFFICIAL COURT REPORTER