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LUZERNE COUNTY PUBLIC DEFENDER’S OFFICE
No rest for DEFENSE
Showing a heavy caseload, case files lie on the floor and atop the filing cabinets at the Luzerne County Public Defender’s Office.
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Al Flora, chief public defender, last month put limits on the cases his office will accept. He is concerned about the quality of representation his office can provide.
Caseload troubles office head Flora
Local defender’s hard line part of a national pattern
his office. But as caseloads continued to climb, so did his conILKES-BARRE – Lu- cern that illusion was becoming zerne County Chief Pub- reality. That concern was lic Defender the motivation behind Al Flora Jr. and his staff Editor’s note: his decision last have heard the taunts First of a two-part month to limit the countless times from series on funding defendants dissatis- and staffing issues type of cases his office will accept to juvefied with the represen- at the Luzerne niles, defendants tation they’ve been County Public Defender’s Office. charged with homiprovided. cide or a felony sexual The attorneys are not “public defenders,” as their ti- assault and persons who are intles state. They’re “public pre- carcerated, facing an involuntary tenders” who provide only an illu- mental health commitment or sion of an effective defense to state parole violation. The policy is designed to retheir clients. For years Flora considered the jab an insult to the attorneys in See DEFENDER, Page 12A
Claiming they are underfunded and overworked, a growing number of public defenders throughout the nation are challenging the government entities that control their purse strings by refusing to take new cases. Luzerne County entered the fray last month when Chief Public Defender Al Flora Jr. announced his office would limit the number of cases it accepts because caseloads have become so high he can no longer guarantee effective representation to clients. Public defenders in several states, including Missouri, Florida, Tennessee and Ken-
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Attorney Joseph Saporito’s office at the Luzerne County Public Defender’s Office has piled-up paperwork.
“I am not going to sit by and see our office flounder under my watch.” Al Flora Chief public defender
tucky, have taken a similar hard line stance, said David Carroll, research director for the National Legal Aid and Defender Association, a non-profit organization that provides legal aid to low income people. “Public defenders across the country are starting to say, ‘We See NATIONAL, Page 12A
Front-runner for manager draws praise, some reservation Robert C. Lawton could become Luzerne County manager under home rule. By JENNIFER LEARN-ANDES jandes@timesleader.com
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By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
Robert C. Lawton will likely be Luzerne County’s first permanent home rule manager, generating curiosity about the 49-yearold California man and his past experience. Al Segalla, president of the Calaveras County Taxpayers Association, was impressed with Lawton’s performance as chief administrative officer in the northern California county from 2007-09.
“When he was here, he was very conscious of using good management skills to guard the people’s money,” Segalla said. “Our taxpayers group was satisfied with him.” Segalla believes Lawton left for a position in Solano County, Calif., where he had previously worked, because he faced pressure from some members of the elected Calaveras governing body. “There’s a faction in our local politics that wanted to expand government and increase taxes, and I don’t think he was anxious to do that,” Segalla said. Segalla said Lawton would help Luzerne County’s cost-cut-
“I think he’s the type of guy who will walk around and be able to put his finger on the pulse pretty quick. I think he’s a self-starter who can see a problem and fix it.” Walter Griffith Luzerne County controller
ting efforts. “He’d be good for that. He has to answer to supervisors, but he believes in representing the taxpayers,” Segalla said. “Depending on your politics, you’ll love or hate him.” Solano County Taxpayers member George Guynn Jr., who has faithfully attended county
government meetings for seven years, does not share Segalla’s opinion of Lawton. Guynn said he sees no eviSUBMITTED PHOTO dence that Lawton advocates savings and said Lawton has not Robert C. Lawton will likely be been receptive to taxpayers who Luzerne County’s manager under home rule. Originally attend meetings. See LAWTON, Page 6A
from New York, he worked recently in California.
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Fast action crucial for hip recovery Hospital’s interdisciplinary team works with family members to maintain quality of life.
PLAINS TWP. – Edwin Matthews, feels lucky to be alive. On Sept. 24, 2011, the 74-year-old resident of Nanticoke fell at his home while working on his car. He was taken to Geisinger Wyoming Valley Medical Center’s emergency room, where he credits the interdisciplinary team there with not only saving his life, but maintaining the quality of his life. Matthews’ hip surgery was done within the 48-hour window, increasing the likelihood the patient will survive and thrive in the long term. As Matthews sat at the medical center Friday morning with Dr. Anthony Balsamo, orthopedic surgeon and director of the Geisinger Geriatric Fracture Care Program, it was clear the two not only have a relationship based on excellent medical services that Balsamo and his team have provided, but on mutual caring between the two. “You made me look good,” says Balsamo, of Matthews’ high level of compliance and quick recovery after his fall. Matthews and his wife, Arlene, in turn, laud the efforts of Geisinger along every step of that recovery. From the Emergency Room staff, the nurse coordinator, hospitalist and orthopedic surgeons themselves, every member of the team has a job to do, and Matthews believes that they do it well. Balsamo was also quick to point out family members are an intricate part of that team, as well. He remembers
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“He seems to think that staff people are superior to the public. The interactions we’ve had have not been very pleasant,” Guynn said. Lawton was Solano County’s deputy county administrator from January 2005 to January 2008, receiving a salary of $135,000. He returned as the county’s principal management analyst in January 2010, at a salary of $122,000. Lawton said in his Luzerne County application that he worked to reduce costs in Solano. Guynn is displeased with the Solano County administration overall, saying Lawton is “just a staff person and has to be with the politicians and what they’re going to do.” “The county is big on wasting public money. That has been my observation,” Guynn said. Tough conditions prevailed Calaveras County Chamber of Commerce Executive Director Diane Gray said Lawton was “very accessible and personable.” Gray said he had a “tough job” there. “We’re a small, rural community where small town politics are ugly. It was the beginning of a recession. He handled it all very well I thought,” Gray said, noting
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Legislators set for discussion at breakfast
By BILL O’BOYLE boboyle@timesleader.com
By GERI GIBBONS Times Leader Correspondent
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Director of Geriatric Fracture Care Dr. Anthony Balsamo, right, and partner Dr. John Lynott talk about orthopedic treatment and care as hip surgery patient Edwin Matthews of Nanticoke listens at Geisinger Wyoming Valley Medical Center in Plains Township on Friday morning.
how Arlene, a former nurse’s aide herself, took the time to learn how to assist her husband in his recovery. Families are also a good source of accurate information and continuing support. “The hip fracture patient needs to have a plan,” said Balsamo, “something to work toward and believe in.” He said patients need to move around after surgery, to decrease the incidence of pneumonia, skin breakdown, clotting and cognitive impairment. Balsamo emphasized even the choice of pain medication is important in insuring the patient can be “up and around” as quickly as possible. Dr. John Lynott, a relatively new member of the orthopedic team, said
Lawton believed county government must play a role in economic development. At the time of Lawton’s hiring, he was quoted saying he and his wife, Francine, were “thrilled” to move to Calaveras, which reminded them of the area in New York where the two of them grew up. In his Luzerne County application, Lawton said he gained approval of Calaveras County’s first structurally balanced budget in five years and first strategic plan while he was administrator there. The administration reduced general fund expenditures by 17 percent and put an additional 25 percent into reserves. Dave Haley, vice president and division manager at the real estate development company Castle & Cook Calaveras Inc., was quoted at the time of Lawton’s departure saying the county needed a more “strong” and “dynamic” chief administrative officer. Haley said last week the elected supervisors were -- and probably still are -- too controlling, which stifles the creativity and independent ideas of the chief administrator. The board should keep the manager accountable but not unnecessarily intervene, he said. “You have to be able to manage, and when you have a headstrong political body that doesn’t allow you do, that it’s very bad,” Haley said. Haley believes Lawton has the
the interdisciplinary approach insures every patient concern is addressed. He emphasizing it is not a “multidisciplinary approach” but an “interdisciplinary approach,” meaning that each member of the team works together and communicates effectively. Part of that effective communication can be attributed to Geisinger’s electronic medical record which provides up-to-the-minute patient information at each step of care. That medical record also contributes to the evidence-based model that Balsamo says allows the team to gather information that will not only assist individual patients but will help doctors identify trends in the long term. Both Lynott and Balsamo say that
knowledge and skills to be an effective manager in Luzerne County. Luzerne County’s charter is designed to prevent the 11-member part-time county council from interfering in daily operations. Seven council votes are required to terminate the manager. Lawton’s background Lawton graduated in social science from Orange County Community College in New York in 1982 and worked in various positions for the New York State Assembly and Senate through 1992. After receiving a bachelor’s degree in political science from the State University of New York at New Paltz in 1992, Lawton headed to the University of Iowa to attend school and work as a research fellow and teaching assistant. He obtained a master’s degree in political science from the university in 1994. He returned to New York, working in various county and state jobs over the next decade, except for a short stint as administrator of Marinette County, Wis. In December 2004, Lawton announced he was leaving his $50,000 position as chief of staff to the chair of the 15-member Schenectady County legislature to take a $94,000 position as deputy administrator in Solano County. Local officials impressed
with an upcoming “boomeratic generation” (those 65 and older), programs such as the Geriatric Fracture Program are key to improving both the length and quality of life of older adults. By connecting patients with resources needed to expedite their recovery, future injury can be avoided. Matthews and his wife can appreciate the statistics but are mostly glad that Edwin’s future looks promising. “I am even a volunteer here at the hospital,” said Matthews, a Eucharistic minister who administers Communion to patients in their hospital room. Balsamo, putting his hand on Matthews’ shoulder, says, “That is what it’s all about.”
Rick Morelli, the only Luzerne County Council member openly acknowledging Lawton’s ranking as the top finalist, said Lawton is the “total package.” Lawton views Luzerne County’s switch to a new government as a professional opportunity and impressed the interviewing team with his approachable style and experience handling layoffs, large staffs and big budgets in other counties, Morelli said. “He was a clear front-runner from the beginning,” Morelli said.
WILKES-BARRE – People who want to quiz their elected officials will have the opportunity on Jan. 28 when the League of Women Voters WilkesBarre sponsors its annual Legislative Breakfast. Jane Manganella, coordinator, said the annual event gives guests the opportunity to share breakfast with the legislator of choice and discuss issues that impact their lives. The breakfast is followed by a panel discussion that gives further op- I F Y O U G O portunity for guests to WHAT: League of hear legislators stances on Women Voters Legisissues in their responses lative Breakfast to written questions sub- WHERE: King’s College Campus mitted through a modera- Center, Sheehy Farmtor. er Center, 3rd floor The breakfast is being WHEN: at 8:30 a.m., held on the same day and Jan. 28 at the same time as the RESERVE: By Jan. “Ready to Run” confer- 23. Tickets are $15; ence at The University of checks may be sent to: LWVWB, P.O. Box Scranton. That event is 1480, Wilkes-Barre, designed to encourage PA 18703. Reservawomen to seek elective of- tions by phone at 675-3429. fice. Luzerne County is above the norm when it comes to women holding office – four of the eight representatives in Luzerne County are women: State Sen. Lisa Baker, R-Lehman Township; and state Reps. Phyllis Mundy, D-Kingston, Karen Boback, R-Harveys Lake, and Tarah Toohil, R-Butler Township. State Sen. John Yudichak, D-Plymouth Township; and state Reps. Eddie Day Pashinski, D-Wilkes-Barre, Mike Carroll, D-Avoca, and Gerald Mullery, D-Newport Township, will also be at the event. Manganella said seating is limited and she encouraged those planning to attend to make reservations by Jan. 23.
Luzerne County Controller Walter Griffith came into work on a recent Saturday because Lawton wanted to meet him while he was in town for the interview. “I think he’s the type of guy who will walk around and be able to put his finger on the pulse pretty quick. I think he’s a self-starter who can see a problem and fix it,” Griffith said. Lawton voluntarily told him, in the interest of full disclosure, that he chose to deed his Calaveras County property back to the mortgage holder when he had to
relocate because the property lost significant value with the market decline and couldn’t be sold. Council members have privately said Lawton’s credit history was good otherwise, though the short-sale may result in a higher premium if he must be bonded for county work. Griffith credits Lawton for volunteering the information about his property. “I think that goes to the guy’s character that he was open about it up front,” he said.
Bad marks for bad habit
Facebook as a reunion helper?
State gets low grades in fight against tobacco
Some see pros, cons in using the social networking site
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WILKES-BARRE, PA
SPORTS SHOWCASE
COUNTY COUNCIL
NUGGETS 108 76ERS 104
Board applicants in open interviews for first time
Hopefuls make public pitch By JENNIFER LEARN-ANDES jandes@timesleader.com
NBA
THURSDAY, JANUARY 19, 2012
Applicants for two Luzerne County government boards had to sit at the head table before an audience of county council members and citizens Wednesday night to answer questions about why they should be appointed. It’s a complete reversal from past county practice because former commissioners did not publicly disclose the names and
The council will choose one from each party, and those two will select a third. Ten were interviewed for three seats on the assessment appeals board. The six Democratic election board applicants: Calman Baggs, Bobeck Wilkes-Barre, a retired county transportation scheduler/operTuesday. Six Democrats and five Repub- ations manager; Thomas Baldilicans were interviewed for two no, Mountain Top, a Wilkes Uniunpaid county election board seats. See BOARDS, Page 12A qualifications of all citizens who were considered for board posts. Council members plan to select appointees on
PERMANENT MANAGER HIRE EXPECTED Luzerne County Council Chairman Jim Bobeck said the council plans to hire the permanent county manager at Tuesday’s meeting. He declined to identify the person offered the position. I t is expected to be Robert Lawton, Rio Vista, Calif., who has been principal management analyst for Solano County, Calif., since January 2010.
SPURS 85 MAGIC 83 CELTICS 96 RAPTORS 73 NETS 107 WARRIORS 100 SUNS 91 KNICKS 88 COLONELS TOP MONARCHS
Turning in Wilkes’ best long-range shooting performance in a dozen years, Matt Mullins’ career-best 30 points and nine threes lifted the Colonels to a 66-56 win over rival King’s on Wednesday night at Scandlon Gymnasium. Mullins helped thwart a spirited second-half comeback by the Monarchs, scoring 17 points in the final 13 minutes after King’s had taken the lead. Sports, 1B
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orma Johnson, bottom right, along with others from the Kingston Senior Center sing ‘God Bless America’ at the conclusion of the Polish Festival Day on Wednesday. For more photos from Kingston and Nanticoke, see Page 6A.
Union head differs over fire trucks He says committee wanted different company to build engines using $1M donation. By BILL O’BOYLE boboyle@timesleader.com
WILKES-BARRE – The president of the city firefighters’ union said a special committee of firefighters wanted the city to purchase three new fire engines from a different company than the one selected back in 2005-06. Union President Mike Bilski
said this week he spoke to some of the men who served on the committee, and he was told Bilski they favored American LaFrance of Summerville, S.C., not KME-Kovatch Organization of Nesquehoning. “These guys are mechanically inclined; they know about heavy equipment,” Bilski said. “They liked features offered by Ameri-
can LaFrance, like turning radius. But I guess KME offered the same things.” Since it became known last week that a $1 million donation was used to fund the purchase, Mayor Tom Leighton has stood by his decision to conceal the name of the donor. He has offered no explanation of why he did not reveal the donation itself. Bilski said the fire department never knew the origin of the money used to purchase the trucks. “We had no clue for years,” he said. “It was always mentioned
ONLINE RULES
Hollywood lights vs. Internet darkness
Several websites go dark Wednesday in protest of proposed online-piracy bills By RYAN NAKASHIMA AP Business Writer
PROUD TO BE POLISH AND AMERICAN
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how much money was being spent on the new engines. All I know is the committee made its recommendation, and somebody after that made the decision to go with KME.” City’s response Drew McLaughlin, the city’s administrative coordinator, issued a response on behalf of Leighton: “Despite any firefighter’s contention to the contrary, seven See TRUCKS, Page 12A
LOS ANGELES — In a move that heightens the growing tension between Silicon Valley and Hollywood, Wikipedia and other websites went dark Wednesday in protest of two congressional proposals intended to thwart the online piracy of copyrighted movies and TV programs. The web-based encyclopedia is part of a loose coalition of dot-coms and large technology compa- The onenies that fear Congress is pre- day outage pared to side was timed with Hollywood and enact ex- to coincide treme measures with key — possibly inHouse and cluding the blocking of en- Senate tire websites— committee tostoptheonline sharing and un- hearings authorizeduseof as they Hollywood proprepare to ductions. The fight will send the test which California-based in- bills to the dustry has the full floor most sway in for debate. Washington. For now, Silicon Valley appears to have the upper hand. Supporters of the legislation — called the Stop Online Piracy Act in the House and the Protect Intellectual Property Act in the Senate — say the bills are aimed at protecting jobs in the movie and music industries. But a campaign including tech heavyweights such as Google Inc.andYahooInc.hassuccessfully portrayed the bills as an attack on a free and open Internet. “It has nothing to do with stolen songs or movies,” said Justin Ruben, executive director of MoveOn.org, which is participating in the blackout.Rubensaystougherlegislation — even directed overseas — could make domestic cultural commentators more prone to legal attack. Rather than showing encyclopedia articles, Wikipedia displayed a blacked-out page describing the protest and offering more informationonthebills.Manyarticleswere still viewable on cached pages. See DARK, Page 12A INSIDE: Rep. Holden withdraws support for legislation, Page 12A
Coming soon: Knox film in the works
David Brocca poses with Jack Scanella, the cinematographer of the original Knox Mine Disaster footage. Brocca and his cousin, Albert Brocca, are working on a documentary about The Knox Mine Disaster.
Trailer of the documentary on the ’59 and got into the movie business. Brocca, of West Pittston, interned at mine disaster, being filmed by 2 Valley IFILM.com and has been in Los Angeles natives, will be screened locally. ever since. By JACK SMILES jsmiles@psdispatch.com
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He and his cousin, Albert Brocca, have teamed up to produce and direct, and eventually established their own company, Pitch Films. Over the last four years they have been working on a 90-minute, feature-length documentary titled “The Knox Mine Disaster: The End of Anthracite.” Now, in conjunction with Mining His-
Two men who grew up in the Wyoming Valley will have a public airing of a 90-minute documentary they are making on the Knox Mine Disaster. After graduating from Wyoming Area High School, Dave Brocca was a Penn State film major, moved to Los Angeles See FILM, Page 12A
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PITTSTON DISPATCH PHOTO
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Holden now against piracy bill U.S. rep. is one of SOPA’s 30 co-sponsors, but he said he has changed his mind.
By ANDREW M. SEDER aseder@timesleader.com
U.S. Rep. Tim Holden, one of 30 co-sponsors of the Stop Online Piracy Act, on Wednesday announced he was withdrawing his support. “Based on my background as a sheriff, the Stop Online Piracy Act, commonly referred to as SOPA, was brought to me as a law enforcement bill,” Holden said. “At its core, the bill’s intent to eliminate theft by foreign websites protects the intellectual
property of American manufacturers of all spheres. However, the possible unintended consequences, such as stifling innovation and limiting free speech on the Internet, have come to the forefront of debate. An open Internet requires that we find a better approach that is acceptable to all sides. Therefore, I withdrew my co-sponsorship of this bill and will work to find a solution that protects both the openness and innovation of the Internet as well as intellectual property.” The bills are designed to crack down on sales of pirated American products overseas, and they have the support of the film and music industry. Among the opponents are many Internet companies such as Wikipedia, Yahoo,
Google, Facebook, AOL, eBay and Twitter. U.S. Rep. Tom Marino, R-Lycoming Township, is a co-sponsor of the bill. And Sen. Bob Casey, D-Scranton, is a co-sponsor of the related bill in the Senate, called Protect IP Act, or PIPA. Efforts to obtain a comment from Marino were unsuccessful. John Rizzo, Casey’s press secretary, issued a statement saying, “Sen. Casey has heard from a number of his constituents on the issue and looks forward to a full debate on the legislation. His goal is to fight to protect lawabiding citizens while stopping criminals who are hurting Pennsylvania companies and workers.”
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DARK Continued from Page 1A
Reddit.com shut down its social news service for 12 hours. Other sites made their views clear without cutting off services. Google blacked out the logo on its home page, directing people to a page where they could add their names to a petition. The one-day outage was timed to coincide with key House and Senate committee hearings as they prepare to send the bills to the full floor for debate. However, sponsor Rep. Lamar Smith, a Texas Republican, sought last week to remove a controversial provision from the House bill that could force Internet service providers to interfere with the way Web addresses work for foreign sites deemed dedicated to piracy. He
FILM
the Huber Breaker, the trailer will be screened for the Huber Breaker Preservation Society. Attorney F. Charles Petrillo will Continued from Page 1A speak on: “Last Shift: The End of tory Week, Albert Brocca will Deep-Coal Mining in the Wyomscreen a trailer of the movie at ing Valley 1959-1974.” three venues: • Today at 7 p.m. in Room 104 Chance meeting The idea for the documentary of the McGowan School of Business at King’s College after the sprang from a chance meeting at Inaugural Msgr. John J. Curran Brocca’s great grandmother’s fuMemorial Lecture -- “The Knox neral when his uncle, Bill Best, Mine Disaster: The Anthracite the president of the Huber Mineworker and The Culture of Breaker Preservation Society, inCorruption” -- by professor Rob- troduced Brocca to Wolensky, ert P. Wolensky and William A. who became a consultant and backer of the movie. Hastie. They talked about anthracite • On Saturday Brocca and Wolensky will present the trailer history and Dave was fascinated, at the Anthracite Heritage Mu- especially by the 1959 breakseum in Scranton for the 53rd through of the Susquehanna RivAnniversary of the Knox disas- er that ended deep mining in the Wyoming Valley. ter. “The Knox is a fantastic story, • On Jan. 24 at 7 p.m. at the Earth Conservancy Building, and there are still people around Main Street, Ashley, in front of today to tell it. I read Bob’s book
BOARDS
len, Kingston Township, retired vice president of Republic National Bank of New York; Anthony Draus, Dupont, a Realtor at Continued from Page 1A Frank P. Golden Real Estate, versity political science profes- Scranton; Diane R. Hullick, sor; Bonnie Dodson, a retiree Mountain Top, a retired county from Pittston; Barry Finn, assessor’s office certified PennSwoyersville, a retired television sylvania evaluator; Frederick M. meteorologist; James Geiger, Javer, Harveys Lake, a state-cerHazleton, Wilkes-Barre Area tified general appraiser; Brian School District dean of students; Newirth, Mountain Top, a proand Barbara J. Williams, Ply- ject manager/business systems analyst; Donald mouth, administrator at It’s a complete Warren, Kingston, a The Meadows Manor. retired bank vice The five Republican reversal from president; and election board contenpast county prac- Bruce Simpson, ders: John Ermel, Forty Wilkes-Barre, a reFort, a retiree who re- tice because tired 25-year govcently worked as a tem- former commisernment employee. porary disaster relief sioners did not Questioned by center manager; Wilcounty Assessment liam Martin, Dallas, a publicly disclose Director Tony Alu, production manager/ the names and all applicants said purchasing estimator at qualifications of they would have no the Art Print Co., Tay- all citizens who problems devoting lor; Patrick Musto, Daltime to the post and las, president of Tuft- were considered promised to make Tex Carpet; John New- for board posts. fair decisions based man, Nanticoke, a reon evidence. tired U.S. Postal Service Some said they’d be willing to executive; and John Ruckno, Dallas, a retired Mellon Bank work without pay, while others said they’d leave it up to council trust officer/money manager. County Election Bureau Di- to decide the appropriate comrector Leonard Piazza asked pensation. The home rule chartheir views on voting systems, ter allows appeal board memresolving conflicts and the hand- bers to receive up to $8,000 anling of potential election law vio- nually, though council members are considering a flat payment lations. Williams, Musto and Ermel al- for days worked. The applicants stressed addiso applied for the appeal board. The other applicants: Neil Al- tional relevant experience.
UNION CONCESSIONS Luzerne County Interim Manager Tom Pribula said he met with several county union leaders Wednesday to see if they’d be willing to agree to a 12-day furlough or giving up union-negotiated pay hikes -- options proposed to reduce the number of layoffs. Pribula said no union leaders have the offer. Council Chairman Jim Bobeck said the unions would have to agree to the proposals for council to implement them. The county would generate $2.5 million if all county workers and elected officials to take 12 unpaid days off. The union raise freeze would save $1.2 million.
For example, Allen and Draus served as temporary appeal board members during the county reassessment in 2008. Simpson said he conducted hearings as a federal magistrate and valued property seized by the federal government. Ermel, Warren and Williams said they handled real estate matters through their work. Hullick worked in real estate sales in addition to the assessor’s office position. Musto said he has experience buying and selling properties. Council Chairman Jim Bobeck said after the session that some applicants may be disqualified because of home rule charter prohibitions.
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two important constituencies as he seeksre-electioninNovember,said Jeffrey Silva, a technology policy analyst at Medley Global Advisors in Washington. On the one hand, his administration has defended a free, open Internet as it watched repressive regimes fall in the Middle East with help from social media such as Twitter. It has also been a proponent of the concept of “net neutrality,” which prevents Internet service providers from slowing online traffic that comes from file-sharing sites known to trade in pirated content. On the other hand, Obama and other Democrats have gone to Hollywood dozens of times to raise campaign funds over the years. “The administration is trying to fight to protect the Internet space,” Silva said. “But at the same time, it doesn’twanttodisenfranchiseHollywood and the business community.”
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but also the families that had to cope with the loss of a loved one and a community that had to survive the loss of over 10,000 jobs once the mines closed.” Previously unknown film footage has been found since WVIA produced a documentary on the Knox in 1984. Brocca said that while video of what was happening above ground exists, he and Albert want to depict what was happening down in the mine. “We’ve all seen the raging vortex of the Susquehanna. I’d like to show what happened underground. To do the film justice, we’d like to do a re-enactment of what the miners experienced underground. We’re looking to raise funds to achieve this,” he said. The cousins have a campaign going at kickstarter.com, where anyone can pledge to the project with a credit card.
The Broccas flew home twice a year with their camera gear to shoot the interviews. Among the subjects are the late Steve Lukasik, the first photographer on the scene, and his brother Bill; Jack Scanella, who filmed the disaster; Bill Hastie, a mine inspector at the scene; half brothers John Gadomski, who PITTSTON DISPATCH PHOTO died last year, and Bucky Mazar, Albert Brocca researches old Knox-related articles. He and cousin who were working in the mine, David Brocca are making a documentary on the mine disaster. and Audrey Calvey. and Jeff Goodell’s ‘Big Coal’ and I was in,” he said. Step one was an interview with Wolensky. “Bob recommended people we should interview, and once
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we got going, one interview just led to the next. It was very exciting, kind of like unraveling a puzzle. We have about 12 hours of interview footage,” Brocca said.
Story of survivors Dave Brocca said that while the movie is the story of a disaster, it’s also about survival. “It’s a story of survivors. Not just the men who got out alive,
TRUCKS
any of the three fire engines purchased with the donation money, she said. Hirko is married to a city firefighter. Sources in the city fire department, who requested anonymity, said the fire engines replaced in 2005-06 did have the foaming system, but because of repeated malfunctions the equipment was not asked for in the new trucks. The city uses an external system to mix the foam, the sources said. “Mr. Vinsko said at the council meeting that everything was done legally, and he claimed KME had a patent that they wanted or used on the trucks,” Hirko said. “But that’s not the case.” Lisman, the city fire chief at the time and now retired, did not return calls made to his home. Steve Cormier, general counsel for KME, said the company built the engines to the city’s specifications. He said he had “no knowledge of where the funding came from.”
Continued from Page 1A
years later, these are the facts: Chief Jacob Lisman organized a committee to request and review RFPs (requests for proposal). Chief Lisman worked with that committee, and the committee recommended to the administration to purchase the engines from KME. The city acted on their recommendation.” At last Thursday’s City Council meeting, City Attorney Bill Vinsko read a statement that addressed the city’s decision to purchase the fire engines from KMEKovatch. Vinsko said bid proposals were received and KME was selected for several reasons, including KME was recommended by the committee that prepared the RFPs and that KME owned certain patents for preferred equipment. Earlier this week, Vinsko said other RFPs were solicited and received. He said he would provide copies of those proposals, but he did not respond to inquiries about them Wednesday. Karen Ceppa Hirko, the woman who brought the issue to public light, said the only patent she is aware of that KME holds is for an on-board system that blends special foam with water to aid in dousing fires. That feature is not contained in
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postponed work on the measure until February. Critics believe such tinkering with core Internet technology treads into dangerous territory that could lead to online censorship. It might also give hackers a new way to wreak havoc. The White House raised concernsthatthebillscouldstifleinnovation. Over the weekend, the Obama administration reacted to two online petitions, saying it “will not support legislation that reduces freedom of expression, increases cybersecurity risk or undermines the dynamic, innovative global Internet.” At the same time, the administration called on all sides to “pass sound legislation this year that provides prosecutors and rights holders new legal tools to combat online piracy originating beyond U.S. borders.” That nuanced stance is President Barack Obama’s attempt at “threading the needle” between
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Anonymous donor Leighton has said he didn’t reveal the $1 million donation used to purchase the trucks because he didn’t want to risk revealing the anonymous donor’s identity. However, the operations director for the Kids for the Kingdom charity used to make the donation said donors did not require concealing the donation – they just didn’t want their names revealed. “As far as I know, it would have been perfectly OK for the city to
reveal a $1 million donation was made,” said Tim Dabel, operations director for Kids for the Kingdom. “I don’t know of any restrictions that would have required the city to conceal the donation was made and the amount.” When pressed for an explanation, McLaughlin, who routinely fields questions for Leighton, issued a terse response. “In my two email responses below, as well as the mayor’s quote for attribution, I’ve answered your question,” McLaughlin wrote in the email. “The mayor was presented with an option by the charity/donor and he exercised his judgment and he has stated why he judged the situation as he did.” Several people are questioning the city’s decision to conceal the donation when it was given. In 2005-06, the city was in financial difficulty. The mayor said repeatedly it was faced with a $10 million deficit when he assumed officein2004,andthecityhadlost its credit rating. That’s why when Leighton addressed council at last week’s work session – stating “this type of philanthropy should be celebrated by the community and not the subject of persistent gossip and conspiracy theories” – he raised political observers’ concerns. “I still don’t know why he didn’t celebrate it in 2005-06,” Hirko said.
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The Times Leader timesleader.com
WILKES-BARRE, PA
SUNDAY, FEBRUARY 19, 2012
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HOME RULE
GANGS IN NORTHEASTERN PENNSYLVANIA
‘Culture shock’ in new county government
RACIAL TENSIONS CREATE CONCERN
To avoid involvement of politics, manager’s personnel decisions not run past county council members. By JENNIFER LEARN-ANDES jandes@timesleader.com
PETE G. WILCOX/THE TIMES LEADER
A Wilkes-Barre police officer at his post in the GAR High School gym during a basketball game. Concern about gang violence is higher after a 15-year-old boy was attacked with a machete near GAR on Feb. 9. Police said the victim is black and the attacker, Juan Borbon, 19, is Hispanic.
Cops: Gang rivalry may have played part in machete attack
A Wilkes-Barre police officer watches carefully at the GAR High School gymnasium Friday night during a basketball game. While it is normal to see a police presence at high school sporting events across the area, fear of an incident is higher at GAR after a student was attacked with a machete near school grounds Feb. 9.
Luzerne County Interim Manager Tom Pribula didn’t ask county council members for permission before he told Sheriff John Gilligan he would be furloughed. The elected council members learned about the furlough through media coverage. What’s wrong with this situation? Nothing. “Those This is how the decisions county’s new home rule government is are now supposed to operate, made by with a manager independently overseeing the nonpoday-to-day operations litical manand personnel matager simters. “It’s a 180-degree ply in the change,” said Jim Haggerty, one of the best indrafters of the historic terest of home rule charter that the countook effect Jan. 2. The charter power ty.” switch was meant to James stop elected officials – Haggerty previously three counCharter drafter ty commissioners and row officers – from making politically motivated decisions about hirings, firings and promotions, Haggerty said. Personnel decisions that had been made by row officers and commissioners for decades now are handled by an See OPERATES, Page 10A
By EDWARD LEWIS elewis@timesleader.com
WILKES-BARRE – Some students at Wilkes-Barre Area’s GAR High School say the assault involving a freshman who nearly lost his hand from a machete attack 10 days ago was the result of rival tensions between students of AfricanAmerican and Dominican heritage. While the incident may be isolated to one school, the brutality of the offense has not been overlooked. City police officers warned privately about hostilities between the different races that have moved into the neighbor-
hood in recent years. During a break at a hearing in WilkesINSIDE Barre Central Court two months ago, a casual conver❏ Teachers alert to gang sation involving officers, a dissigns, Page 7A trict judge, a lawyer and a re❏ Area school officials porter centered on racial tenbelieve there are memsions in the GAR neighborbers of gangs in local hood. schools, Page 12A Those officers predicted some sort of violence, especially with teenagers and what role – if any – gang rivalry young adults whom they deplayed in the machete assault scribed as “gang wannabes.” near GAR. “Gang members are dangerDangerous ‘wannabes’ ous no matter what sect they Law enforcement authorities are still investigating See GANGS, Page 12A
Population changes can increase potential for racial tension By STEVE MOCARSKY smocarsky@timesleader.com
The potential for tension between African-Americans and Dominicans in Wilkes-Barre has increased dramatically over the last decade just based upon population changes, U.S.
Census data show. Students at GAR Memorial High School have said a recent machete attack by a Dominican against a black student was racially motivated. Census data shows the black population in the city has doubled in the
past decade, with about 4,500 African-Americans living within city limits in 2010. The Dominican population, on the other hand, went from about a dozen in 2000 to more than 600 just 10 years later. Data also show neighborhoods
closest to the school have the highest numbers of Dominicans living in them compared to elsewhere in the city. In the census tract in which GAR See TENSION, Page 7A
GOP contenders face 13-state test after brief lull By DAVID ESPO AP Special Correspondent
WASHINGTON — A resurgent Rick Santorumhopestospringhisnextbigsurprise in Michigan. Newt Gingrich looks for a campaign revival in the Bible Belt. Mitt Romney has his home state of Massachusetts, and the luxury of picking his spots elseELECTION where, if not everywhere,astheraceforthe Republican presidential nomination roars back to life. After a brief midwinter lull, the Republican field faces a cross-country series of nine primaries and four caucuses between Feb. 28 and Super Tuesday on March 6. At stake are 518 delegates, more than three times the number awarded so
2012
See GOP, Page 6A
INSIDE
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B PEOPLE Birthdays C SPORTS Outdoors
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PAGE 10A SUNDAY, FEBRUARY 19, 2012
THE TIMES LEADER
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appointed professional manager and 11-member part-time elected council. The council’s only involvement in hiring: appointing the manager and confirming top division heads. Politics removed “Those decisions are now made by the nonpolitical manager simply in the best interest of the county,” Haggerty said. Charter drafter Christopher Kersey concurred. “The whole point was to have a professional, nonpolitical manager who is going to make decisions based on what’s best for the county – not what’s best for political contributors or a political future,” Kersey said. The charter prohibits council members from lobbying the manager on employment matters. The county manager should keep the council informed about operational decisions, but updates at county council meetings and executive sessions should generally suffice, Haggerty said. Council Chairman Jim Bobeck said he learned about Gilligan’s furlough from a newspaper and has no problem with that. He believes many still wrongly believe council members have some sort of veto power over the manager’s personnel actions. Unless something major arises, the manager can update council about his progress at its meetings, Bobeck said. “The manager should not waste his time giving daily up-
M OP ON EN DA AY Y
Acting county manager Tom Pribula, right, answers questions at Monday evening’s council meeting, held to give citizens a chance to speak.
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dates to council. The manager’s job is not to appease council,” he said. Pribula is scheduled to brief council about the layoffs that have been initiated during an executive session at Tuesday’s council work session, Bobeck said. “After-the-fact is critical because that will demonstrate it was the manager making the decision without council interference,” Bobeck said, noting the11 council members can’t be accused of “playing favorites” or attempting to safeguard anyone connected. Morelli caught off guard Councilman Rick Morelli, also a charter drafter, said council members and the manager must develop a communication plan to ensure council members stay on top of important developments. Council members can’t intervene in the manager’s decisions but must monitor his performance, he said. Morelli said he was recently caught off guard when he and his wife went to dinner in the WilkesBarre area and were approached by two county workers who told him they had been laid off due to budget cuts.
He said he understands the separation of power between the council and manager but feels uncomfortable as a council member “when it looks like we have no idea of what’s going on.” “We have to have this fine line between letting the manager do his own job yet holding the manager accountable by asking intelligent questions,” Morelli said. Pribula, who will serve as manager until Robert Lawton assumes the role Feb. 29, said he is comfortable making personnel decisions because it’s what he did as a manager in the private sector. ‘Culture shock’ “It’s taking me back to the process I’m used to, but to those who never worked any place except Luzerne County and government, it’s a culture shock,” Pribula said. “Many feel they need to go around the manager and speak to council members.” Pribula said the idea of running proposed layoffs by council members “never even crossed my mind.” “They’re not supposed to influence you. I don’t feel like I need to run a process by them or seek some sort of approval from them for normal course of business,” he said.
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The Times Leader timesleader.com
WILKES-BARRE, PA
SUNDAY, APRIL 1, 2012
Much public disclosure vanishes under county home rule government
PA R K I N G I N W- B
Meters aid downtown
$1.50
Devices create revenue, access DON CAREY/THE TIMES LEADER
Luzerne County Manager Robert Lawton, on the job a month, is considering a plan to keep the public informed about his actions.
Manager handles most decisions derstands he is swamped but believes there’s an “information In the past, Luzerne County void.” commissioners had to publicly Citizens and especially workvote at least once a month on ers would like to know what’s agendas packed with contracts happening and on the horizon, awarded to businesses, employee she said, noting his link on the hires and fires and county web site purchases. contains only his “Give them Much of that pubname and email. lic disclosure has van- some informa“Give them some ished under the new tion. They’ve information,” Ciahome rule governruffoli said. ment because the been waiting for “They’ve been waitmanager now pri- you to come, and ing for you to come, vately handles most and you’re a big you’re a big deal deal of these executive deto them.” cisions – not the 11- to them.” Lawton said he member, elected plans online postVeronica Ciaruffoli part-time council. Home rule charter ing of all the inforCounty Manager commisdrafter mation Robert Lawton has sioners have aponly been on the job a proved in the past, month but said he’s but it will take some been thinking about the best way time to work out the details with to keep people informed about the information technology dethe day-to-day operations under partment. his control. No data previously released by Home rule charter drafter Ve- commissioners will be kept from ronica Ciaruffoli raised the issue the public or council, he said. during last week’s county council meeting, telling Lawton she un- See MANAGER, Page 12A By JENNIFER LEARN-ANDES jandes@timesleader.com
AIMEE DILGER/THE TIMES LEADER
Parking meters arrived on Public Square only in October 2010. Local merchants heralded their arrival.
Mayor: They increase turnover of spaces By BILL O’BOYLE
W
AIMEE DILGER/THE TIMES LEADER
Vicki Llewellyn and Braiden, 4, who takes dance classes downtown, find parking on Public Square easy and safe.
boboyle@timesleader.com
ILKES-BARRE – Just two years after the first parking meters in the United States were put into use – in Oklahoma City in 1935 -- they appeared on the sidewalks of Wilkes-Barre. Seventy-five years later, the metal money-makers generate more than $350,000 per year in revenue for the city. Since 2007, the city has collected $1.87 million in dimes and quarters from parking meters. And it might be a surprise that meter parking today ac-
tually costs less than it did in 1937. According to the federal Bureau of Labor Statistics, a nickel – the price for 45 minutes in 1937 – is equal to 79 cents today. Therefore, accounting for inflation, it costs less per hour to park in Wilkes-Barre now than it did 75 years ago. At 2012 prices, each minute cost 1.76 cents in 1937; today a quarter buys 20 minutes, a rate of 1.25 cents per minute. See PARKING, Page 14A
By JIM SUHR Associated Press
For shops, more parking produces more business By BILL O’BOYLE boboyle@timesleader.com
WILKES-BARRE – The reconfiguration of Public Square with wider sidewalks, diagonal parking and the removal of buses brought another benefit to downtown businesses – “people parking.” “Businesses like mine can now put tables and chairs outside for our customers to sit and en-
INSIDE
A NEWS Local Obituaries Click
joy lunch,” said Phil Rudy, owner of Circles on the Square. “And there are no bus fumes for them to have to inhale.” Larry Newman, vice president for economic development at the Greater Wilkes-Barre Chamber of Commerce, said the See BUSINESS, Page 14A
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Calm before mega storm: Winners stay out of sight
AIMEE DILGER/THE TIMES LEADER
Phil Rudy of Circles on the Square says he’s able to put tables and chairs outside for his customers.
Surfin’ USA Beach Boys hit the road Etc, 1F
B PEOPLE Birthdays C SPORTS Outdoors
6B 12C
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RED BUD, Ill. — The Mega Millions winners — at least three of them — stayed out of sight. The losers, who could number 100 million, had plenty to say Saturday about losing out on the world’s largest-ever lottery jackpot and their dashed dreams of colossal wealth. Journalists descended on convenience stores in Illinois and Maryland, and lottery officials there and in Kansas proudly proclaimed they sold winning tickets in the $640 million world record-breaking Mega Millions jackpot. The winners will earn $213 million before taxes. Three other ticket holders became millionaires. But on the street, online and outside the stores where the win-
4D 2E
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AP PHOTO
Dennis Wilson of Kansas Lottery discusses the winning Mega Millions ticket sold in Kansas, Saturday
ners had purchased their tickets, Americans grumbled about hopes that were raised, and then vanished. And they mused about what they would have done with See WINNERS, Page 2A
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22:23 Product: Times_Leader PubDate: 04-01-2012 Zone: Main Edition: Main_Run PageName: news_06 PageNo: 12 A
➛
PAGE 12A SUNDAY, APRIL 1, 2012 and directs these county departments. Approving purchases and contracts is another significant responsibility in the manager’s Continued from Page 1A hands. Some of the 11 county council “That would be entirely contrary to the intent of the home members were under the mistaken impression the manager must rule charter,” Lawton said. The online posting may start come to them for approval on all with spreadsheets on personnel purchases over $25,000. The home rule charter rechanges and copies of contracts, but Lawton said he’d eventually quires council approval if a conlike to present the information in tract or purchase would cost the a database searchable by the de- county $25,000 in any future year or $75,000 in two or more partment, vendor and date. Lawton said he spent much of future years. In other words, the manager his first month meeting with county employees and commu- could authorize the spending of nity leaders to discuss pending $1 million on additional supplies this year without projects throughout the county. Interim The county’s char- council approval if he believes the expense is budget chief Vic ter requires the necessary and able to Mazziotti has often manager to keep be covered within the been at his side in re2012 budget adopted cent days as they as- council informed sess current county about the county’s by council. The manager would finances and start financial condition, have to go to council if planning the 2013 future county it’s a multi-year combudget. mitment requiring Lawton said he needs and activmore than $25,000 to will present a com- ities and operprehensive mid-year ations in all county be paid in 2013. Charter drafters reabudget analysis with soned council should detailed reports on departments that have a heads-up before spending and reve- he supervises. the county is locked innue in each departto a financial obligament. He’s also considering explor- tion that may impact future buding new financial software pro- gets, said charter drafter Jim grams because the contract for Haggerty. The check and balance on the the current system expires at the end of the year. A complicated manager is that he must adhere conversion is required, regard- to council’s budget and purchasless of whether the system is ing procedures, Haggerty said. “Council appropriates the changed, because hundreds of spending categories must be money, and it’s up to the adminconverted to the new govern- istration to spend that money wisely. Decisions on what to buy ment structure. Lawton said he hasn’t selected are executive,” Haggerty said. Haggerty said Lawton will depermanent division heads or implemented major changes be- cide the best way to inform councause he wants to make sure he’s cil and the public about his work. Haggerty, who is the mayor in fully researched options. “As carpenters say, measure home rule Kingston, said the manager in his municipality protwice, cut once,” he said. vides monthly updates on key Mistaken impression decisions. The county’s charter requires The manager appoints, promotes, disciplines, suspends and the manager to keep council inremoves employees in depart- formed about the county’s finanments that are not controlled by cial condition, future county the court, controller or district needs and activities and operattorney. Council approval is re- ations in all county departments quired only for his appointments that he supervises. The manager also must preto eight division head positions. The manager also supervises sent an annual “state of the coun-
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www.timesleader.com Luzerne County Interim Budget/Finance Chief Vic Mazziotti, at left, and county Manager Robert Lawton have been spending many hours discussing county finances in recent days. Lawton said they will compile a thorough mid-year report.
MANAGER
DON CAREY/THE TIMES LEADER
ty” report and hold at least one well-publicized evening forum annually to obtain comments and suggestions from the public. Range of opinions Council members offered a range of opinions on the level of information that should be provided by the manager. • Linda McClosky Houck said she’s requested regular financial reports so all council members can track adherence to the budget and potential problem areas involving overspending or revenue shortfalls. “I’d like to see a manager’s report that says more than, ‘We’re doing OK.’ I’d like to see some level of detail,” she said. • Elaine Maddon Curry said council members should discuss as a group what information they want from the manager, though she stressed the data, particularly on personnel, should come after the fact so there’s no potential for council members to intervene in daily operations, which is a charter prohibition. • Harry Haas said the purchasing, ethics and personnel policies that will be adopted by council should ensure executive branch decisions are “above
board.” He supports the manager’s continued attendance at council meetings to provide updates on key issues. • Jim Bobeck said council members have loaded the county website, www.luzernecounty.org, with information on the legislative branch -- meeting agendas, ordinances, resolutions, reports and meeting audio recordings. He expects the manager and his executive government branch will do the same. “The website is your 21st Century gateway to government access,” Bobeck said. • Edward Brominski said he wants more information from the manager on county spending. Council’s expectations on information disclosure should be discussed during upcoming meetings to develop a county manager evaluation system, he said. • Stephen A. Urban, a former commissioner, said he wants the manager to provide public reports on all bids submitted for county purchases, similar to ones on past commissioner agendas. He said he’s been submitting public information requests to obtain data because he doesn’t want to be accused of
...A Tradition
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meddling with the executive staff by personally contacting them. “Personally I feel as a member of council there’s very little information flowing out of the executive side. Government is supposed to be open and transparent,” he said. • Tim McGinley said he’s optimistic Lawton will develop a format to update the public and employees about executive branch developments and spending. “I think everybody’s cognizant of the fact that we need to do a better job with communication for everybody’s sake – council, employees and the public,” he said. • Rick Williams said Lawton has been forthcoming in all inquiries and will come up with an effective plan to communicate his decisions. Council members may discuss reports and updates they want from the manager but must be careful they don’t unnecessarily “add a documentation burden that prevents the manager from doing his job,” he said. • Eugene Kelleher said he believes reports from the executive side will pick up after Lawton has completed his assessment of
operations and staff. “I have faith that he’s going to do a very good job. I think in two or three more months you will see many new things in place and decisions made,” he said. • Stephen J. Urban said he’d like a monthly report on contracts and personnel actions, with the understanding that it’s for informational purposes and not council approval. “Council is going to be tasked with giving the manager a performance review, and we’re not there everyday. I don’t think we’re getting enough information on day-to-day activity,” he said. • Rick Morelli, a charter drafter, said he will propose a monthly public council work session solely with the manager and division heads to discuss developments and budgets. The manager has a “lot of power” and should “put out as much information out there to the public as possible,” he said. “The reason this county got in trouble before was too many things happened behind the scenes. Not only does this first council have to set the bar high. So does this first manager of the county,” he said.
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Emanski’s probation ends A federal judge has granted local businessman Richard Emanski’s request for early release from federal probation so that he Emanski can expand a new business. Emanski, owner of King Glass and Paint in Swoyersville, pleaded guilty in 2010 to supplying free carpeting to a Wilkes-Barre Area school director who helped Emanski obtain contracts with the district. Emanski was sentenced in June 2010 to five months in prison, followed by two years of federal probation. His attorney, Carl Poveromo, filed a motion in March asking that the probation sentence be suspended so that Emanski could expand another business, R&J Enterprises, which hauls water for the natural gas drilling industry. Poveromo said the probation was interfering with the business because it inhibited his ability to travel to other states to seek to expand the business. The motion was approved Tuesday by Thomas Vanaskie, a judge with the Third Circuit Court of Appeals, who was specially appointed to preside over the motion.
THURSDAY, APRIL 26, 2012 PAGE 3A
LOCAL
Residents move from searched home Wilkes-Barre house gone over twice in wake of fatal shooting of teen.
By EDWARD LEWIS elewis@timesleader.com
WILKES-BARRE – People removing furniture and other household items from a house closely linked to a teen’s shooting death raised suspicions in the neighborhood on Wednesday. Three men, a woman and two children, carried out dressers, mirrors, clothing and mattresses from 117 Hill St. and loaded the items in a small box truck. They opened the cargo door at 11:15 a.m. and closed it just before 12:30 p.m. A man helping to load the truck said he was helping people who lived there relocate. Tyler Winstead, 14, was found critically injured in front of the house with a gunshot wound to his chest on April 5.
PETE G. WILCOX/THE TIMES LEADER
Residents at 117 Hill St. move belongings into a rented truck Wednesday.
He was said to be walking home from the Catholic Youth Center on South Washington Street with Elijah Yusiff, who lived at the house with his mother, Angelina DeAbreu. At least one person from the neighborhood said she saw DeAbreu removing items from the house. “I saw the daughter and Elijah’s mother wearing sunglasses,” said Roberta
Smith. “They were moving furniture. The dad was in the house moving furniture to the door. He didn’t come outside.” Investigators searched 117 Hill St. at least twice on April 10 and April 13. A bottle of bleach and a computer tower were carried from the house by investigators on April 13. Two more search warrants in the case were approved by Luzerne County President Judge Thomas Burke on Tuesday. Search warrant affidavits were sealed. Police also were unaware the family was moving until told by The Times Leader on Wednesday. Yusiff told reporters the night Tyler was shot that he heard a gunshot and saw a man driving away in a red vehicle. While investigators have not said if a red vehicle was in fact involved, those in the neighborhood have their own theory. “Deep in my mind, I know what happened,” Glenn Thomas said. Thomas
Saudi culture program set The Saudi Interest Club of Wilkes University will hold a community event Friday at 5 p.m. for those interested in learning more about the culture. The Arabian Nights event will be held in the Henry Student Center, on South Street in Wilkes-Barre, in the second floor ballroom, and will run until 8 p.m. Attendees can learn about Arab cultures, try Middle Eastern food and participate in other activities.
Council approves new county ethics code, which takes effect in 30 days. By JENNIFER LEARN-ANDES jandes@timesleader.com
WILKES-BARRE
Deceased workers cited
WILKES-BARRE
Bank acts against Lupas Another bank is seeking to foreclose on property owned by a WilkesBarre attorney charged earlier this month with mail fraud for allegedly bilking clients in an investment scheme. Bank of America on Wednesday filed a notice of mortgage foreclosure against attorney Anthony Lupas and Lupas his wife, Lillian, for a loan they had on a property on Dogwood Drive, Laflin. According to the filing, the Lupases obtained the mortgage in December 2007 for $265,000, and payments have been in default since December 2011. The bank says the Lupases owe a total $266,984. JACKSON TWP.
Prison will test boilers The State Correctional Institution at Dallas will conduct tests of its steam boilers between 9 a.m. and 3 p.m. beginning Friday and running through through Thursday, May 3. “The testing involves venting steam through the roof of the boiler plant at 100 percent capacity, which will create more noise than usual,” Superintendent Jerome Walsh said. “We want to prepare the community for the noise that may be heard and to assure them that there are no problems or incidents occurring at the prison,” he said.
lives across the street from Tyler Winstead’s house at 121 Hill St., where he lived with his grandparents, Willie and Carol Golden, his legal guardians. “That little boy was killed in that house and they laid the body outside. People weren’t allowed to wear shoes in that house and his body was lying in the street, his shoes were lying on the curb,” Thomas said. No charges have been filed in the deadly shooting that has left the neighborhood concerned. “There is a lot of fear in our children and a lot of concern in adults,” Orlanda Carter of South Welles Street said. Willie Golden said he was startled to learn people were removing items from 117 Hill St. “Total surprise that they are moving out or whatever they are doing,” he said. Golden said his wife and grandchildren (Tyler’s three brothers and two sisters) are doing well under the circumstances.
Ethics policy is approved
THEY WEAR MANY HATS
WILKES-BARRE
In recognition and memory of individuals who have lost their lives in work-related incidents, the Luzerne County Council has proclaimed today in the county as “Workers Memorial Day.” A special proclamation was presented to representatives of the Greater Wilkes-Barre Labor Council by county Councilman Tim McGinley on behalf of the entire County Council. A candlelight vigil will be held today at 7 p.m. at the UFCW Local 1776 Union Office, 2007 Route 315, Pittston Township, next to Pazzo’s Restaurant. For more information, call Walter Klepaski at 270-9109.
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nna May Kunkle and Kathy Hoystrich enjoy trying on hats Wednesday at a temporary millinery set up at Genetti Hotel & Convention Center in Wilkes-Barre, where the Red Hat Society met for its eighth Wilkes-Barre area Red Hat Day Luncheon. The event, sponsored by Wilkes-Barre Area Queens Council, featured entertainment, prize and cash drawings. All Red Hat chapter members were invited along with a female guest.
DA: No crime related to jail baby’s death By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
WILKES-BARRE – Luzerne County District Attorney Stefanie Salavantis has determined no county prison workers committed any crimes relating to the birth of twins, one of whom later died, at the prison in January. In a report issued Tuesday, Salavantis said an investigation by two county detectives determined that prison staff followed all necessary procedures to ensure the safety of the mother, Samantha Gonzalez, and the newborns. Luzerne County officials had asked Salavantis to investigate the baby’s death to ensure there was no wrongdoing. “The investigation conducted by my office revealed that the babies were born extremely prematurely, resulting in multiple complications,” Salavantis said in press release.
“The cause of the (one) baby’s death was extreme prematurity along with respiratory distress and cardio-respiratory failure, not any criminal activity.”
Stefanie Salavantis Luzerne County District Attorney
“The cause of the (one) baby’s death was extreme prematurity along with respiratory distress and cardio-respiratory failure, not any criminal activity.” According to Salavantis, Gonzalez was taken to the prison on Jan. 26 based on a warrant for failing to appear in Schuylkill County Court. Gonzalez was taken to her cell and told a cellmate at around 3 or 4 a.m. that
she did not feel well, but did not notify prison officials or seek medical attention. At around 8:30 a.m. Gonzalez was taken to the prison infirmary after complaining of stomach cramps and vomiting. Gonzalez appeared to be normal as she was returned to her cell. At 9:15 a.m. a prison guard advised the infirmary of an emergency in Gonzalez’s cell. A nurse arrived and found Gonzalez to be in labor and immediately contacted 911. The nurse then delivered the two babies. The prison physician was present, and an ambulance arrived a short time later. Gonzalez and the newborns, both of whom were breathing, were transported to an area hospital. The babies were both admitted, but one suffered complications and died. The other baby survived.
Jackson Township taxpayer Ed Chesnovitch told Luzerne County Council on Tuesday he saw a county detective driving a county-owned vehicle with his wife inside, even though take-home vehicles must be used solely for county business. Similar complaints alleging employee misconduct have surfaced at county meetings over the last decade, but citizens have no clear-cut means to force investigations and resolution. That will change in 30 days, with implementation of the new county ethics code adopted Tuesday. The code requires employees and officials in county government and its ONLINE outside boards and The approved authorities to re- ethics code will be frain from specific posted on the prohibited activity, council section of including bans on: the county website at www.luzerne• Gifts, loans and county.org. rewards from people or businesses regulated by the county or with existing or potential county financial relationships. • The full-time hiring of family members of a county official or officer. • Misuse of county equipment, vehicles, materials and other resources. • Disclosure of confidential information obtained through official duties for personal benefit. • Providing special county services or privileges not available to everyone. A five-person ethics commission must address all complaints and impose punishment for violations. The county manager, district attorney, controller and two citizens serve on the commission. Complaints may be filed starting May 24 using a form that will be finalized by the commission. Alleged infractions before that date aren’t covered by the code, officials said. See ETHICS, Page 9A
Ex-Monroe County judge to stay on probation in molestation case By SHEENA DELAZIO sdelazio@timesleader.com
WILKES-BARRE – A former Monroe County judge facing the tail end of a 10-year probationary sentence handed down in a Luzerne County case in which prosecutors say he molested his young daughter in 2004 was denied a request Wednesday to have his probation terminated early. Senior Luzerne County Judge Joseph Augello said he would not terminate the probation of Mark Pazuhanich, 55, of East Stroudsburg, until Decem-
ber 2012 but did modify the terms by allowing Pazuhanich to have contact with his daughter, who Pazuhanich is now 18. COURTESY OF THE POCONO RECORD “An ability to have contact with his daughter would be a plus,” Pazuhanich’s attorney, Frank Nocito said. “It’s a good step (toward recovery), and there is little danger of reoffending.” Pazuhanich was charged in
November 2003 with fondling his daughter at a Hilary Duff concert at the F.M. Kirby Center for the Performing Arts on Public Square, Wilkes-Barre. He pleaded no contest to indecent assault, public drunkenness, endangering the welfare of children and corruption of minors in July 2004, and was sentenced shortly thereafter by Augello to 10 years probation. A no-contest plea means a defendant does not challenge the evidence prosecutors have brought against them. As the sitting Monroe County
district attorney, Pazuhanich was elected in November 2003 to fill a 10-year Monroe County family court judgeship, created because of an overload of family court cases. Pazuhanich is a native of Wilkes-Barre and a 1978 graduate of King’s College. As a newly elected judge in 2004, he never heard a case. His duties at first were limited to administrative work and he was placed on administrative leave in February 2004. In October 2004, Pazuhanich was banned from serving as a
judge for life, and then disbarred as an attorney in November 2006. Assistant District Attorney Jim McMonagle said he objected to the termination of probation but said because Pazuhanich’s daughter was agreeable to reconnecting with her father, he had no objection to allowing that. Nocito said Wednesday his client has had no infractions during his probation, has attended counseling and rehabilitation, and is up-to-date with any court-related bills.
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ETHICS Continued from Page 3A
Council members, who are barred from interfering with dayto-day operations by the code, already have been heeding the gift restriction. For example, a county transportation authority official recently gave temporary bus passes to council members at their meeting to encourage them to try the bus system. Several council members gave their passes to a Ruth’s Place homeless shelter representative in the audience. Council Chairman Jim Bobeck also reminded his colleagues of the ban, which he described as the “no free lunch” provision, when tax collectors invited council to a dinner last month. Council members should pay their own way if they wanted to attend, he said. According to the code: The county manager will designate someone to receive complaints. The designee must datestamp complaints, acknowledge receipt in writing, forward them to the commission and notify the accused. Filers must provide their name, address, phone number and signature, and identify the alleged violator and code infractions. If a complaint meets basic requirements, the commission must start a preliminary inquiry within 30 days. The inquiry must be terminated or opened as a full investigation within 45 days. Investigations should wrap up within 60 days unless the commission requests up to 60 more days. The commission has the power to conduct interviews and issue subpoenas. When evidence leans toward a possible violation, the commission must issue a findings report and allow the accused an opportunity to respond and admit or deny the allegations. The investigation subject may request a hearing. The commission recommends penalties when it concludes a violation has occurred, ranging from reprimand letters to fines. Employees may be suspended or dismissed. Violations of federal or state law must be turned over to the proper authorities for criminal prosecution.
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The Times Leader SUNDAY, JULY 8, 2012
3 killed in Plymouth shooting
Another hurt in apartment gunfire By JERRY LYNOTT jlynott@timesleader.com
SERENA WINS 5TH WIMBLEDON Serena Williams won her fifth Wimbledon title, and 14th major championship, by beating Agnieszka Radwanska Saturday. Williams had little trouble at the start on Centre Court, using her hard serve and powerful groundstrokes to win the first five games and run Radwanska all over the grass. 1C
PLYMOUTH – Three people were killed and a fourth person was wounded in a shooting Saturday night inside an apartment building at First and Orchard streets in Plymouth. Luzerne County District Attorney Stefanie Salavantis said two males and one female were dead, while the wounded victim was
male. He was taken to an area hospital. The D.A. would not release their identities. Investigators do not believe the shootings, which occurred at about 7:30 p.m., were connected to another shooting Friday on Jay Street in Wilkes-Barre. “There’s nothing that says it may be related,” Salavantis said. In the Wilkes-Barre shooting, Kenyatta Hughston, 22, was shot
twice in the head Friday afternoon. He remains hospitalized, according to Salavantis. A spokeswoman at Geisinger Wyoming Valley Medical Center in Plains Township said on Saturday she could not release information on Hughston’s condition. In Plymouth, police closed off the streets near the apartment See SHOOTING, Page 2A
DON CAREY/THE TIMES LEADER
For decades people have loved the Breslau Hose Co. bazaar, but lack of new volunteers has made this year its last
AMERICAN LEAGUE
YANKEES 6 RED SOX 1
TIGERS 8 ROYALS 7
Jan. 1. Previously, EIT was collected by tax collectors appointed by each community. As it turns out, Centax was not the tax collector for WilkesBarre in 2011; it was Berkheimer Associates, according to city administrator Marie McCormick. So Wert apparently mailed his tax return to the wrong agency. But Centax never informed him of the error. Experiencing everything from employees hanging up as soon
On the surface, Luzerne County’s new home rule government doesn’t seem very different from the system it replaced six months ago. An appointed manager and part-time, 11-member council replaced the three elected commissioners, but most of the decisions they’ve made to date haven’t perceptibly altered the structure of county government. The county offers the same services. The majority of workers are in the same jobs. Employees are temporarily handling the duties of most elected row officers eliminated by home rule. Council Chairman Jim Bobeck said much of the first half of the year was devoted to the tedious but important crafting of codes and procedures outlining how the new government will operate. “When you change a form of government in place hundreds of years, it doesn’t stop on a dime,” Bobeck said. “The first six months have been dedicated to implementing the vision of the new government, and the next six months as well as the next year will be a continuation of that.” County Manager Robert Lawton, who started work Feb. 29, said he wanted to assess operations and personnel and get his arms around county finances before instituting major changes. He’s engrossed in preparing a comprehensive mid-year financial report and developing corrective plans so the county doesn’t end the year with a deficit. Lawton said he held off on selecting eight division heads designated in the charter because the positions weren’t budgeted but said he plans to take action on the appointments soon. Home rule charter drafter
See CENTAX, Page 12A
See HOME, Page 12A
METS 3 CUBS 1 PIRATES 3 GIANTS 1
INSIDE
DON CAREY PHOTOS/THE TIMES LEADER
Volunteers Greg Kopiak, left, and Frank McKenzie of the Hanover Township Breslau Hose Co. No. 5 serve up cheese steak hoagies at the final bazaar Thursday.
When the joy ended By JERRY LYNOTT jlynott@timesleader.com
A NEWS: Local 3A Nation & World 5A Obituaries 8A B PEOPLE: 1B Birthdays 6B C SPORTS: 1C Outdoors 10C D BUSINESS: 1D E VIEWS: 1E Editorials 3E F ETC: 1F Puzzles 2F Books 5F G CLASSIFIED: 1G
The fire company’s signboard tells the tale. The Breslau Hose Co. No. 5 bazaar has come to an end.
HANOVER TWP. – After last night Al Uzdella can put away the potato slicer. The former fire chief won’t need it to make french fries at the Breslau Hose Co. No. 5 bazaar anymore. The volunteer firefighting company held its last one this weekend, ending a more than 30-year run. It’s not that people don’t turn out for the three-day festival of food, drink and entertainment. Just the opposite. People packed the grounds of the hose company on the corner of First and Delaney streets. But it’s been a struggle getting volunteers. Uzdella, who’s in his 60s, helped out at a job he’s done See BAZAAR, Page 12A
WEATHER Ava Swiderski Partly cloudy. Morning rain, T-storms. High 85, low 65. Details, Page 12C
Centax comes under fire from communities Earned income tax collector having problems distributing income tax money. By STEVE MOCARSKY smocarsky@timesleader.com
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County system a work in progress
By JENNIFER LEARN-ANDES jandes@timesleader.com
NATIONAL LEAGUE
BISONS 7 SWB YANKS 6
Police investigate a shooting near First and Orchard streets in Plymouth Saturday around 8 p.m.
After six months, Luzerne County home rule draws praise but still feels its way.
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Municipal and school district officials aren’t the only ones frustrated with Luzerne County’s earned income tax collector. David Wert, of Wilkes-Barre, says he still hasn’t received his approximately $2,500 local income tax refund for 2011, and the
Centax-Don Wilkinson Agency – the tax collector with whom he filed his 2011 return – is givWert ing him a runaround. Centax has come under fire in several Pennsylvania counties, including Luzerne County, in the past couple months, as the company is having problems distributing millions of dollars in income taxes received from em-
ployers to municipalities and school districts. The Luzerne County Tax Collection Committee learned in May that Centax was having “extreme difficulties reconciling, processing and efficiently distributing earned income tax pursuant to Act 32,” committee Finance Chairman Paul Keating said at a June 27 committee meeting. Act 32 mandated that almost all counties in the state appoint one tax collector for all earned income tax collection starting
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for years and offered a matter-offact explanation. “Somebody has to do it,” he said. Approximately 75 people are needed to set up, pour the beer, make the cheese steaks and french fries, sell the tickets, clean up and everything else associated with the bazaar expected to raise $25,000 in funds for the hose company. It almost didn’t happen without Dan Wegrzynowicz. “Nobody wanted to run it,” he said Thursday afternoon in the shade of a tent as the temperature approached 90 degrees and the final details were being attended to a few hours before the 6 p.m. start. Wegrzynowicz, a firefighter for 16 years, got involved at a meeting earlier this year. “I raised my hand and said, ‘We at least have to do (it) one more year,’ ” he said. The decision has to be made by the end of February in order to book the bands and start the planning process, he said. Wegrzynowicz, who served as chairman for the bazaar, took off two days of work. Co-chairman Chris Weaver said he works around his work schedule. At 43, Wegrzynowicz is one of the younger volunteers. Weaver is 36. Many of the others helping out are in the 50s, 60s and 70s. Weaver followed the lead of his 60-year-old dad, Gary. “He was chairman of the bazaar years ago,” said the younger Weaver. “He taught me how to do it.” Weaver looked at his participation as a way to give back and lamented the lack of “kids” getting involved in the fire company and its bazaar. “I wish more people would volunteer for their community,” he said. His dad rattled off a list of men who answered the calls for emergencies and bazaars – Harry Mangan, Lenny Price, Uzdella, Gary Makarczyk, Frank McKenzie, Lou Sewell, Stanley Browski, Tony Truskoski and the late Gene Lasecki, who was township fire chief. He said their efforts helped double the size of the fire hall in the 1980s, adding a ground-floor kitchen, and social room and a basement garage with a truck to pull their water rescue crafts. The township owns the front half of the building with a single bay for two trucks, an office and small storage areas. “Our first bazaar was across the street,” said the older Weaver.
Christopher Kersey said several goals of the new government have already “come to fruition.” He noted: • An ethics commission has been set up to police the county’s first ethics code, with several complaints already filed. • Council is publicly interviewing applicants for outside authorities and boards. In the past, names of appointees appeared on commissioner agendas with no public discussion. • The public also heard options and details about the 2012 amended budget the same time as council. In the past, commissioners had public budget hearings but hammered out the actual budget in private. “I think you’re going to have much more honest budgeting under the new government,” Kersey said. Lawton’s recommendation to cancel county funding for the Hotel Sterling demolition and the Market Street Square train station renovation also show the manager is making nonpolitical decisions based on what’s best for the county – another home rule objective, Kersey said. Kingston Mayor Jim Haggerty, a charter drafter, said he is “extremely pleased” with the new government after six months. The manager is making professional decisions about dayto-day operations “without regard to politics.” The new council is a “tremendous improvement” over the former three-commissioner board, he said. Council members from both political major political parties and an Independent have proven to be “diligent, transparent and largely non-partisan,” he said. More citizens are involved in county government through appointments to outside boards, and most of these volunteers wouldn’t have a chance to serve when appointments were controlled by two majority commissioners, he said.
DON CAREY/THE TIMES LEADER
Volunteer Al Uzdella of the Hanover Township Breslau Hose Co. No. 5 cuts potatoes for french fries at the final Bazaar Thursday.
The former St. Casimir church allowed use of its property. The firefighters built the stands on the church lot and cooked the food and washed the pots at the hose company, Weaver explained. The grass lot’s since been used for parking for the bazaar. “I’m expecting a good turnout,” said Chris Weaver. People come from far away to attend the social event and reunite with old friends. For more than two decades Tess Urban of Lee Park Avenue, a member of the hose company’s Women’s Auxiliary, has been bringing a group to work at the bazaar. Her daughter Mary Ann Rompola and son-in-law Randy and their children Sarah, Emily, and Ryan traveled from Indiana to make potato pancakes. Another daughter, Ellie Urban, granddaughter Angela Genoese and her boyfriend traveled from out of state and pitched in. So did Ur-
DON CAREY/THE TIMES LEADER
Left to right, Chairman Dan Wegrzynowicz and Co-Chairman Chris Weaver of the Hanover Township Breslau Hose Co. No. 5 Bazaar headed up the final event last week.
ban’s friend, Sabine Thomas. “We’ve done this for 25 years, since the kids were little,” said Urban. “It’s a tradition.” It ended with the hose compa-
ny’s final bazaar. But a new one could begin with plans to consolidate the township’s fire companies and hold one large festival in a few years.
Hanover set to consolidate 6 fire companies
By JERRY LYNOTT jlynott@timesleader.com
HANOVER TWP. – Firefighters will some day be answering the call from a centrally located headquarters along the Sans Souci Parkway. Plans are being made to build the facility on the former Square H lumber company site, but no date has been set yet to break ground. Fire Chief Jeff Tudgay said none of the six companies throughout the township will be
CENTAX Continued from Page 1A
as the phone was answered to not having his messages returned, Wert was beginning to lose patience. “They can’t even tell me if they received my return or not. It’s like it’s Looney Tunes down there,” said Wert, who works as a car salesman at Ertley Kia in Moosic. Representatives frustrated Municipal and school district representatives sitting on the tax committee are just as frustrated, if not more. Several have said they might not be able to meet payroll or pay other bills if the problem with Centax is not resolved soon. They might have to take out tax anticipation loans to do so. Luzerne County Tax Collection Committee Solicitor Jeff Malak said that as of July 2, un-
Division heads The appointment of division heads must be priority because these administrators will help Lawton implement consolidations that comply with the new government structure and make county government more efficient, Kersey said. Fairmount Township resident Michael Giamber, a frequent county meeting attendee and fervent home rule supporter, said division head appointments can’t wait. “The monumental task of standing up a new government requires a cabinet of experts to advise the manager and help steer the organization forward. The manager cannot be expected to accomplish the transition alone,” Giamber said. Charter drafter Richard Heffron agreed, saying in-house promotions are an option. Heffron particularly wants to see the restructuring of the central law office and the judicial services division covering civil and criminal court records and other offices. Streamlining of offices will free up funding for other prior-
eliminated. “We’re putting companies in one location,” he said Saturday. The departments cover a 22-square-mile area with “everything under the sun you can imagine,” said the chief. The township has residential neighborhoods, shopping centers, manufacturing facilities, the Susquehanna River and Interstate 81 and other major roadways running through it. The move has to do with economics and staffing, ex-
plained Tudgay. “We don’t have the manpower,” he said. Last year the Hanover Area Fire District was created to serve as the “parent company” and to act as the applicant for grants, he added. Funding is being sought for the construction. The local share gaming funds are being pursued as a source, he said. The Breslau Hose Co. No. 5, Franklin Hose Co. No. 4 and the Goodwill Hose Co. No. 1 will
relocate to the planned Sans Souci facility, said Tudgay. It will be manned around the clock. Franklin, which used to be on Lee Park Avenue, is stationed with Breslau on First Street. Goodwill will move from Center Street in the Hanover Green section. Newtown Hose Co. No. 2 will remain on Raymond Drive. Askam Hose Co. No. 6 on McGovern’s Hill Road will stay somewhere in that area, said Tudgay.
distributed earned income tax collections totaling $5.4 million have been sitting in a special investment trust account created for Luzerne County because Centax hasn’t been able to reconcile what amounts are owed to which municipalities and school districts. Since the June 27 committee meeting, at which the TCC voted to have Malak research how to end the contract with Centax, Malak said he has sent a letter to the state Department of Community and Economic development, which has been overseeing the implementation of Act 32, asking for emergency relief. Specifically, the committee is requesting permission from DCED for Centax to release funds in the account to municipalities and school districts based on predetermined percentages and worry about reconciling the amounts with what is actually owed them at a later time. Malak also sent a letter to the office of state Attorney General
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The Luzerne County Tax Collection Committee is scheduled to meet next at 6 p.m. July 27 at the Luzerne County Community College Education Conference Center, 1333 S. Prospect St., Nanticoke.
Luzerne County isn’t the only Pennsylvania county experiencing problems with the Centax Group. According to the RepublicanHerald, the Schuylkill County Tax Collection Committee ousted Centax on June 27 for failing to process earned income tax bills in a timely manner. That county TCC plans to appoint Berkheimer Associates as the new EIT collector at a meeting on Tuesday. And according to the Observer-
Reporter, the Greene County Tax Collection Committee authorized its solicitor on June 28 to file a court injunction halting Centax from collecting earned income taxes in that county. The action was taken after municipalities reported receiving neither full disbursements nor monthly reports from Centax since it began collecting earned income taxes for that county’s municipalities and school districts in January, the newspaper reported.
performance bond was set at $3.28 million when the agency had more money than that tied up. At the meeting, Malak said DCED set the bond rate and made the determination. In response to an inquiry from The Times Leader on what made a tax collector Act 32 compliant, a DCED spokesman said a tax collection committee cannot appoint a tax collector that: • Has been convicted of a felo-
ny involving fraud, extortion or dishonesty; • Has engaged in conduct that adversely reflects on the Tax Officer’s credibility, honesty or integrity; • Is unable to attain bonding requirements; • Has not met the mandatory education requirements established by DCED; or • Has not met additional requirements established by both the tax collection committee and
Linda Kelly asking her to look into collections to determine if there was “any type of fraud or illegal activity,” as suggested by a TCC member at the last meeting. The TCC was set to vote to fire Centax at the meeting, but that day, the TCC received a letter from Centax pointing to a clause in its contract that allowed the agency 90 days to cure any problem pointed out to company officials. Bond rate set by DCED At that meeting, committee members asked how DCED determined that Centax was Act 32-compliant and eligible to be considered as an EIT collector. Others questioned why Centax’s
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www.timesleader.com ities, he said. Charter drafter Veronica Ciaruffoli, another regular at council meetings, said division heads will help Lawton restructure offices and sort through inherited financial problems. “We put a new manager in to transition into a whole new organizational structure, which is different than taking something that already exists and refining it,” she said. Ciaruffoli said the county’s new leaders are moving the government in the right direction, though she wants them to review the charter again to make sure every home rule mandate is understood and followed.
Poised to move forward Kingston resident Brian Shiner, who hasn’t missed a council meeting, said progress under the new government was largely “hampered by mundane necessities mandated by the charter,” including drafting of the administrative, ethics and personnel codes. “Now that all of those things are finalized, they can move on with the task of actually running the county,” Shiner said. Shiner said Lawton should be ready to start implementing changes. “Mr. Lawton has had four months now to get his feet wet and get to know and understand our county a little better. Now he needs to start making some firm and aggressive decisions,” Shiner said. Shiner said he accepted council’s decision to raise taxes 2 percent in the amended budget to provide wiggle room until the new manager was on board. “Now it’s time to start making all the necessary cuts in the line items of the budget and to increase our revenue,” Shiner said, noting that he’s also referring to the judicial branch. He believes most of the new council members are trying to make the best decisions with no ulterior motives and supports a council of “average citizens” as opposed to “seasoned politicians.” The council composition will change again in 2014 because five of the11seats are up for election in 2013, he said. Jackson Township resident Ed Chesnovitch, a charter supporter and faithful meeting attendee, said he will continue to push for charter compliance. “I think we’re on the path, but it’s a new government. It’s a learning experience, and sometimes they sidestep the charter.” DCED. The spokesman did not supply the requested mandatory education requirements or additional requirements requested by close of business Friday. The spokesman also said that each county tax collection committee was responsible for setting the bond rate “in an amount equal to the maximum amount of taxes that may be in the possession of the tax officer at any given time; or sufficient to secure the financial responsibility of the tax officer as determined by the tax collection committee.” Malak said the committee followed DCED guidelines on the bond determination and said the EIT revenue collected should not have surpassed $3.2 million before distribution began by April. Unfortunately, because revenue was still “trickling in” from 2011 collections and small amounts of revenue distributed for 2012, most municipalities didn’t realize there was a problem until May.
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Touching 40,000 lives every year
’Stuff the Bus,’ Methodist Church Apple Festival, Slovak Ladies
New CEO hopes to spread importance of organization
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WILKES-BARRE, PA
SPORTS SHOWCASE
By BILL O’BOYLE boboyle@timesleader.com
WILKES-BARRE – The new president and dean of The Commonwealth Medical College has a vision for the school that stretches beyond medicine. Dr. Steven J. Scheinman, 60,
joined TCMC in September from SUNY Upstate Medical University, where he was professor of medicine and Scheinman pharmacology and served for eight years as its senior vice president and dean of the College of Medicine. In a meeting last week with Times Leader reporters and edi-
INSIDE: Affiliation formed with East Stroudsburg University, Page 10A
tors, Scheinman said he pursued the position with the urging of his wife because he wanted the opportunity to build something. “Why do the same thing again?” Scheinman said his wife would ask him. Initially reluctant to consider the TCMC position “seriously” because of the school’s financial challenges, Scheinman came
away impressed after meeting with TCMC officials and its board of directors. He said he saw the commitment of the school’s faculty and the community at-large. He praised the curriculum and he beamed when talking about expanding the class size to 100 next year. “I’m excited. I think this is a good fit.” Scheinman wants to advance the college’s educational, administrative, and research activities in
By KEVIN BEGOS Associated Press
PATRIOTS 52 BILLS 28
endorsed by a team of county administrators who evaluated all options. Lawton said he didn’t release the proposed contract earlier because final negotiations wrapped up Friday. Councilwoman Linda McClosky Houck said the administration answered several questions she had about the software and selection process, with
PITTSBURGH — The Kremlin is watching, European nations are rebelling, and some suspect Moscow is secretly bankrolling a campaign to derail the West’s strategic plans. It’s not some Cold War movie; it’s about the U.S. boom in natural gas drilling, and the political implications are enormous. Like falling dominoes, the drilling process called hydraulic fracturing, or fracking, is shaking up world energy markets from Washington to Moscow to Beijing. Some predict what was once unthinkable: that the U.S. won’t need to import natural gas in the near future, and that Russia could be the big loser. “This is where everything is being turned on its head,” said Fiona Hill, an expert on Rus“Their days of sia at the Brookings Institution, a think tank in dominating the Washington. “Their European gas days of dominating the European gas markets markets are are gone.” gone.” Any nations that Fiona Hill trade in energy could Expert on Russia potentially gain or lose. “The relative fortunes of the United States, Russia, and China — and their ability to exert influence in the world — are tied in no small measure to global gas developments,” Harvard University’s Kennedy School of Government concluded in a report this summer. The story began to unfold a few years ago, as advances in drilling opened up vast reserves of gas buried in deep shale rock, such as the Marcellus formation in Pennsylvania and the Barnett, in Texas. Experts had been predicting that the U.S. was running out of natural gas, but then shale gas began to flood the market, and prices plunged.
See COUNCIL, Page 10A
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new ways. The school’s ability to attain those goals depends on being able to find necessary finances and Scheinman said that task goes beyond tuition and other traditional means of fundraising. “It’s not a good thing to rely so heavily on tradition,” Scheinman said. “We have to create relationships with partners from throughout the region who will help position us to move forward.”
Gas drilling has world implication
ST. MARY’S BYZANTINE 125TH ANNIVERSARY
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More than college of medicine New president and dean of TCMC wants to advance school in new ways.
EUROPEAN TEAM RETAINS RYDER CUP Erasing some of their worst Ryder Cup memories, the Europeans played their hearts out Sunday at Medinah in Illinois to match the greatest comeback in history and head home with the gold trophy. German Martin Kaymer holed a 6-foot par putt to beat Steve Stricker and give Europe the point it needed to keep the cup. Page 1B
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he Very Rev. Edward G. Cimbala blesses the bread and salt held by Roger Nenni and Paul Gresh at St. Mary’s Byzantine Catholic Church in Kingston on Sunday. At left, members of the St. Mary’s Byzantine Catholic Church clergy look on after the procession from the old school into the church before a Mass celebrating the church’s 125th anniversary. For a story, see Page 3A.
Lawton irks some on council
Members divide over manager’s timeliness providing information. By JENNIFER LEARN-ANDES jandes@timesleader.com
As Luzerne County’s new home rule government begins its tenth month, county council members are still debating the extent county Manager Robert Lawton should keep them informed. Council members Stephen A. Urban, Stephen J. Urban and Rick Morelli have repeatedly complained at public meetings about a lack of timely information. Under home rule, the manager handles day-to-day operations while council approves the budget, larger multiple-year contracts and collective bar-
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gaining agreements. The three councilmen voted against a financial software switch at last Tuesday’s meeting, saying Lawton didn’t provide details until the preceding Friday night. The eight other council members said they supported the proposal for New World Systems Corp. software because it will save money, improve financial tracking and was unanimously
THINGS YOU NEED TO KNOW THIS WEEK
>> A TRAVELIN’ MAN: Way back in 1873, Jules Verne celebrated the globetrotting pursuits of the idle rich in his novel “Around the World in 80 Days.” Back then, 80 days was 80 days. It was a big deal. Today, you could probably circle the world in 80 hours – 60 if you load up on coffee. In fact, the record for a non-stop trip around the globe is 42 hours and 23 minutes by a U.S. military aircraft. And why is this important? Because this Tuesday is Phileas Fogg Wager Day – marking the start date of Fogg’s fictional journey. You could try to re-create his exploits, but with the price of gas these days, you’d probably go broke around Poughkeepsie. >> REBUT THIS!: Fans of politics and arguing are in luck.
S.J. Urban
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The first of three presidential debates is this Wednesday at the University of Denver. It starts at 9 p.m. and the designated topic is domestic policy. Savvy political types expect the debate to go something like this: ROMNEY: “My opponent’s policies have failed to create jobs.” OBAMA: “My opponent has outsourced jobs and destroyed thriving companies.” ROMNEY: “You’re a big poopiehead!” OBAMA: “No, YOU are!” ROMNEY: “Nyah, nyah, nyah! POOP!” OBAMA: “Pffffhhhttthhhh!” ... The debate is on ALL the usual networks. >> MARCH OF THE PENGUINS: Good news, bad news, hockey fans. First, the bad. It looks like the NHL won’t be dropping any pucks or gloves any time soon. The league is making like the NFL and NBA and dabbling in its own set of labor problems, putting the start of the season in serious jeopardy. Good news: WHO CARES? The Wilkes-Barre/Scranton Penguins begin play this week with a pair of preseason home games. The Rochester Americans visit the arena Friday night and the Her-
shey Bears take their new logo out for a test drive Saturday. >> CAN YOU HEAR THE THUNDER? Aye! ’Tis always a fine day when Irish songs be fillin’ our eardrums. And this Saturday you can enjoy some of the musical culture from the Emerald Isle when the lads of Celtic Thunder visit the F.M. O’Kirby Center. The group got its start with those fundraisin’ banshees over at PBS before goin’ out on the high roads of the land on tour. If you want to be checkin’ the céilidh out – that’s the gaelic word for party -- it starts at half past seven in the even tide. That’s Irish talk for 7:30 p.m. >> A STATE OF WAR: When the Philadelphia Eagles and Pittsburgh Steelers play this Sunday, just to be fair, they should play in the Centre County hamlet of Fisherman’s Paradise. Why? That’s the exact center of the Commonwealth, if you believe some cartographers from Penn State. As it stands, the game will be at Heinz Field in Pittsburgh. And they’ve got the field in good shape again after it was destroyed by Bane in the new “Batman” movie. The Pennsylvania grudge match starts at 1 p.m. on FOX.
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TCMC forms partnership with ESU By BILL O’BOYLE boboyle@timesleader.com
WILKES-BARRE – The Community Medical College’s new president wouldn’t say much about it, but judging from the look on his face, you could tell he was excited about today’s press conference. Dr. Steven Scheinman, new president of TCMC, told The Times Leader on Thursday the
TCMC-ESU PRESS CONFERENCE
press conference at East Stroudsburg University will announce the institution’s new partnership to offer a collaborative doctor of medicine and master of public health degree program. ESU President Marcia G. Welsh, Ph.D., and Scheinman will sign an agreement to offer the dual degree program. The agreement is a result of a $1.5 million federal grant received by TCMC from the
Health Resources and Services Administration over five years, with a subcontract for ESU, to provide the funding for enhanced integration of public health and health care through a dual degree program and other health training programs between the two institutions. “There’s excitement on both ends,” Scheinman said Thursday. “We’re all excited about doing this.”
he said. “But now I can look them all in the eye and tell them we have come through the worst of it and we are here for the long haul.” Scheinman said one of his top priorities is to hire a development director to begin identifying financial supporters. “That will happen as quickly as possible,” he said. “And I will urge the successful candidate to use me as much as possible. I want to be in front of those community leaders.” Philanthropy will not be the only approach to raising money. Scheinman said he will aggressively pursue governmental support He mentioned Geisinger
Health System, Community Health System and Blue Cross He mentioned Geisinger Health System, Community Health System and Blue Cross as key partners. The funding will be used to build quality programs around science and health care quality, taught in “state-of-the-art” medical school facilities, Scheinman said. “We provide an innovative curriculum featuring small group teaching at a phenomenal facility,” he said. Our students will be well-prepared to enter whatever field they chose to enter.” According to his biography, Scheinman, who is board-certi-
fied in internal medicine and nephrology, has earned international prominence for his research into the genetics of inherited kidney diseases and kidney stones. He has published more than 80 peer-reviewed articles, reviews, and book chapters on topics related to kidney disease and genetics. For most of his career he was principal investigator on grants funded by the NIH, American Heart Association, and other agencies. He has been an invited speaker at numerous national and international meetings and a visiting professor at many prominent universities across the U.S. and abroad.
“came as a surprise” and briefing them on plans he formulated to get through the Nov. 6 election. “Bob Lawton’s first immediate instinct can’t be that he has to let council know. It has to be for him to understand the situation and deal with it and then inform council,” Bobeck said. “Council has no authority to change his decision in any way.” Councilman Eugene Kelleher agreed, saying Lawton must be certain before he announces a personnel action to council. Some people were trying to talk Pizano out of retiring, Kelleher said. “Even if we’re told sooner, what difference would that make to us?” Kelleher said. Councilman Harry Haas said he doesn’t need or want to “know every detail of daily operations.” “That’s not council’s role,” he said. “Council members are the casters of the vision. The manager is the executor of that vision.” Councilman Rick Williams said he was “not in the least bit offended” to receive information on Friday for a Tuesday vote. It’s reasonable to expect council members to digest material on an upcoming contract in a few days, he said. Williams said Lawton communicates pertinent information in a “timely fashion,” and he does not fault Lawton for developing a plan to cover the election before briefing council. “I think Mr. Lawton’s doing an outstanding job given the situation he’s in and the condition and past patterns of our county government,” Williams said. McClosky Houck said Lawton sent notice to county council Thursday when he appointed Joan Hoggarth interim judicial services and records division head and said she’s never had any problem obtaining data or explanations she needs before a
meeting to make an informed decision. “We have the opportunity to ask questions. It’s not like anyone ever walks into a meeting and is handed a paper to vote on. It depends on how much time you put in,” she said. She expects Lawton will continue increasing the information supplied to council and would support a periodic update on major staffing changes. “I am not aware of every single thing occurring in daily operations, but I don’t think I need to be,” she said. “I think we’re all trying to figure out the comfortable level of information that should be supplied.” Councilman Edward Brominski said he wants Lawton to increase updates to council. “I’m not as involved as I thought I was going to be. We do get information, but there are still too many things that I think we should be informed on,” he said. Kelleher said there were a “very few occasions” where he thought the administration didn’t allow council “proper time to think things over,” but he attributes that to delays appointing division heads. “I think the guy has been overwhelmed,” Kelleher said of Lawton. “At this point, he’s doing many jobs and wearing many hats, and that’s part of the problem.” Lawton is reviewing options to hire the eight permanent division heads, which require council confirmation. Lawton presented several potential appointees to council in executive session, though he hasn’t made a firm decision or completed background checks. “If the division heads are appointed, and the manager still gets things to us late, then we have a reason to be critical,” Kelleher said. Council Chairman Tim
McGinley said improving council-manager communication is among his personal goals. Lawton recently informed department heads they must submit more detailed information sooner for council agendas, McGinley said. “This is all part of that growing period we continue to go through. I think we are making some strides and will continue to make strides,” McGinley said. Council now receives thorough reports from the administration for each agenda item describing the matter up for a vote, the recommended action, how it will be financed, the background and how a recommendation was reached. These reports, which are posted on the county website (www.luzernecounty.org) before meetings, also require the administration to discuss alternatives and whether other agencies are involved. Lawton’s agenda submission on the financial software, for example, was several pages. “I think a lot of workers in the county are still learning the process because they didn’t have to submit something like this before,” McGinley said. “These reports are very helpful.” Lawton said he welcomes inquiries from council members who need more information about agenda items before meetings. The manager also is exploring ways to inform the public about his actions. He now requires a summary sheet with all contracts he approves highlighting the terms and conditions, how the service or product will be funded and the approval process. Lawton has been posting all contracts under his section of the website. “This will greatly simplify the public’s ability to understand what it is they’re looking at,” Lawton said.
When: Today at 1 p.m. Where: ESU’s Innovation Center, 562 Independence Rd., East Stroudsburg. More information: Contact Brenda Friday, ESU interim director of university relations, at 570-4243532, or e-mail bfriday@esu.edu.
AP FILE PHOTO
Anadarko Petroleum Corp., workers produce natural gas from their drilling platform on a farm near Mead, Colo. In 2009. America’s natural gas boom has upset world energy markets. Some say the process, known as fracking, could mean that the U.S. won’t need to import natural gas in the near future, and that major exporter Russia could be the big loser.
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Russia had been exporting vast quantities to Europe and other countries for about $10 per unit, but the current price in the U.S. is now about $3 for the same quantity. That kind of math got the attention of energy companies, and politicians, around the world. Some European governments began to envision a future with less Russian natural gas. In 2009, Russia had cut off gas shipments via Ukraine for nearly two weeks amid a price and payment dispute, and more than 15 European countries were sent scrambling to find alternative sources of energy. The financial stakes are huge. Russia’s Gazprom energy corporation, which is state-controlled, had $44 billion in profits last year. Gazprom, based in Moscow, is the world’s largest producer of natural gas and exports much of it to other countries. But last month Gazprom halted plans to develop a new arctic gas field, saying it couldn’t justify the investment now, and its most recent financial report showed profits had dropped by almost 25 percent. The U.S. presidential campaigns have already addressed the strategic potential. A campaign position paper for Republican Mitt Romney said he “will pursue policies that work to decrease the reliance of European nations on Russian sources of energy.” In early September, President Barack Obama said the U.S. could “develop a hundred-year supply of natural gas that’s right beneath our feet,” which would “cut our oil imports in half by 2020 and support more than 600,000 new jobs in natural gas alone.” Poland’s Ministry of the Environment wrote in a statement to The Associated Press that “an increased production of natural gas from shale formations in Europe will limit the import via pipelines from Algeria and Russia.” The issue has reached the
highest levels of the Kremlin, too. Hill, of the Brookings think tank, heard President Vladimir Putin speak in late 2011 at a Moscow gathering of academics and media. She said in a blog post that “the only time I thought that he became truly engaged was when he wanted to explain to us how dangerous fracking was.” But one top Gazprom executive said shale gas will actually help the country in the long run. Sergei Komlev, the head of export contracts and pricing, acknowledged the recent disruptions but predicted that the U.S. fuels wouldn’t make their way to Europe on any important scale. Whether exports happen involves a dizzying mix of math, politics and marketplaces, along with the fact that U.S. natural gas companies — and their shareholders — want prices to rise, too. James Diemer, an executive vice president for Pace Global, an international consulting company based in Virginia, believes that shale gas costs more to extract than the current market price. Pace, which recently released a report called “Shale Gas: The Numbers vs. The Hype,” has been studying shale gas for Gazprom and other clients. “The capital will stop flowing” to U.S. shale gas, and the price will go up, Diemer predicted. He would not divulge the kind of work Pace is doing for Gazprom. Pace is owned by Siemens, a German company. Pace’s work for Gazprom has raised some eyebrows in Washington, and Hill noted that industry watchers in Europe already believe Russia is bankrolling environmental groups that are loudly opposing plans for fracking in Europe, which could cut down on Russia’s natural gas market. “I’ve heard a lot of rumors that the Russians were funding this. I have no proof whatsoever,” she said, noting that many critics give the rumors credence because Gazprom owns media companies throughout Russia and Europe that have run stories examining the environmental risks of fracking.
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second floor. Council’s strategic initiatives committee will meet at 6 p.m., followed by a special county Continued from Page 3A council meeting at 6:45 p.m. to • Councilman Jim Bobeck discuss the need to fill four of five received a plaque from his colcounty Flood Protection Authorleagues Tuesday night for serving ity seats due to a failed attempt to as the first council chair under the change the structure of the board. new home rule government The council legislative outhrough Aug. 31. treach committee will meet at • Councilman Stephen A. 7:15 p.m. Urban was overheard telling • The Pittsburgh-based law another elected official he may firm Murray, Hogue & Lannis will run for county controller against charge the county $175 or $350 Walter Griffith next year, but it’s per hour to handle the county’s unclear if he was serious or joksuit seeking half the proceeds ing. from the sale of the Triple-A • Tuesday will be a busy night baseball franchise jointly purfor meetings, with three in the chased with Lackawanna County, courthouse jury room on the Lawton told council.
TCMC Continued from Page 1A
The school will graduate its first class in May after receiving “provisional accreditation” in June following a year of probation due to the financial problems. The new president said he will play a major, highly visible role in securing the needed financial partners, whom he plans to find among local hospitals, colleges and philanthropists. “I’m sure everyone held back during the period of uncertainty,”
COUNCIL Continued from Page 1A
the reply copied to all council members before the meeting. Councilwoman Elaine Maddon Curry said council also should honor the recommendation because the evaluation team of “end users” knows what type of system will improve job performance. “I trust you,” Maddon Curry said to administrators in the audience. But Morelli said it’s “not our job to be rubber stamps.” Stephen J. Urban said four days wasn’t enough time to “digest” a $1.28 million software contract. He told his colleagues he would seek their vote forcing Lawton to provide weekly project updates if he’s “not kept in the loop” again. “You have to remember, he does work for this board too. We have the right to replace him if we need to. We also have the right to review him within a year,” he said of Lawton. Stephen A. Urban, a former commissioner, said during the meeting that he works at his private sector job Friday, Saturday and Sunday nights and wasn’t granted enough time to read and process the contract, but a majority was prepared to proceed. “I’m not happy with this form of government if this is how it’s going to operate,” he said. Stephen A. Urban also complained in a published report that Lawton should have informed council about acting election director Tom Pizano’s retirement Thursday. Councilman Jim Bobeck said the manager -- not council -- handles personnel decisions about election office staffing. Pizano’s departure was sudden, and the manager sent council an email Friday saying the retirement The higher rate is for a partner and is discounted from the normal $500-per-hour charged by the firm, Lawton said. The $175 is for a senior partner, reduced from the firm’s standard rate of $350, he said. The county advertised statewide for a law firm and received three proposals. Stephen A. Urban, who supported the litigation as a commissioner, said he approved of Lawton’s selection. “It’s a good company. You hired the best,” he said. • Councilman Edward Brominski said during Tuesday’s meeting that senior passengers on county Transportation Authority buses have dropped since he raised a concern about ridership counts in
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July. Authority management has vehemently refuted Brominski’s allegation that authority bus drivers were logging nonexistent senior citizen passengers – he called them “ghost riders” – to boost government funding based on ridership. Brominski hinted that the decline of senior riders from 71,754 in June to 36,253 in August may be evidence he put a stop to the practice. “I would just hope that the public would encourage all the senior citizens to stop going on vacation and start riding the buses again,” Brominski said. • Two public county meetings will be held today.
The Records Retention Committee will meet at 10 a.m. in the council meeting room on the first floor of the courthouse to discuss options to store and computerize records. Council’s new Authorities, Boards and Commissions Committee will meet at 6 p.m. in the same room to discuss the proposed creation of a recreation advisory board and publicly interview applicants for unpaid vacant seats on the Workforce Investment Board and Housing Authority. Council must fill more than 30 vacancies on outside boards before the end of the year. • Lawton has proposed amendments to the county personnel
code clarifying categories of employees. • Council unanimously granted Hazleton-area developer George Hayden’s request for taxexempt Keystone Opportunity Zone designation on two downtown Hazleton properties he’s purchasing, but Brominski and Stephen A. Urban took issue with part of Hayden’s opening statement that council members who voted against it would “not allow Hazleton to develop.” “I don’t appreciate your little strong-arm tactic,” Brominski said, eliciting an apology from Hayden. Urban rattled off a list of several Hazleton-area projects funded by the county in recent years.
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