SCRANTON — The city improperly revoked a building contractor’s licenses without first giving him a hearing, a judge ruled in a lawsuit over the dispute.

In a pretrial summary judgment, federal Magistrate Judge Martin Carlson determined the city violated Theodore Brunelle’s procedural due process rights by not first giving him a hearing on the revocations.

In the same ruling, Carlson denied other summary judgments sought by Brunelle on claims the city violated his “substantive” due process rights and that the conduct amounted to policy making.Carlson issued his ruling

Aug. 3. On Aug. 24, U.S. District Judge Robert D. Mariani adopted the ruling. The lawsuit now continues toward an eventual trial.

The city intends to appeal the adverse pretrial ruling, said the city’s attorney in the case, Michael O’Brien of Clarks Summit.

Attempts to reach Brunelle and his attorney were unsuccessful.

Brunelle filed the federal lawsuit against Scranton’s Licensing, Inspections and Permits Department in 2015, alleging LIP Director Patrick Hinton violated Brunelle’s due process rights by revoking several contracting licenses without giving Brunelle a chance to challenge the decision. Hinton told Brunelle he could seek an appeal after the fact, in county court.

Brunelle contended that the city acknowledged no hearing was held and an appeals board was defunct at the time of the revocations.

The city argued the revocations were justified and done under a law allowing immediate action in an emergency, if an imminent threat to public safety exists. Brunelle’s situation fit that criteria, because he was cited repeatedly for violating construction codes, including doing shoddy repair work, performing work without getting required permits and allowing tenants to occupy condemned buildings, the city claimed.

Brunelle countered there was no emergency and the city was required to provide a hearing.

Carlson agreed on that point. His ruling recounted the strained relationship between the two sides.

“Here, it is apparent that the legal collision between these parties stem, in part, from mutual suspicions, suspicions which could perhaps have been addressed and reconciled through an orderly process,” Carlson’s ruling said. “Such procedural due process protection is particularly appropriate and apt when the state actors and private parties have utterly irreconcilable perspectives toward one another.”

Brunelle claimed he had no problems with the city until his brother, Alex Brunelle, a local property developer, sued the city in an unrelated matter. That’s when the city “attacked” Theodore Brunelle, the ruling recounted.

Reached by phone, Alex Brunelle declined to comment.

But Hinton had an entirely different viewpoint: that dealing with the Brunelles was “quite a daunting task ... because there was a constant manipulation game that was being played” by them, according to the ruling.

Much of Theodore’s work in Scranton was performed on behalf of Alex, but they often did not distinguish their roles as contractor and real estate entrepreneur. They frequently used the same mailing addresses and shared office space and support staff. Their “casual indifference” to the permitting process — often submitting permit applications under Theodore’s name but with Alex’s business identified as the contractor — frustrated city officials. They conflated the brothers in code enforcement matters, the ruling said.

Meanwhile, Hinton, who became LIP director in 2014, did not have any previous direct experience in the field. For more than a year into the job, Hinton was “unaware” of relevant information about licensing and revocation procedures, the ruling says.

It was against this backdrop that disputes ensued.

Regarding procedural due process, the city has since reconstituted the appeals board, O’Brien said.

“We think that when, and if, this matter proceeds to a jury trial, a jury would determine Mr. Hinton and all city officials acted responsibly, appropriately and in the best interests of the residents of the city of Scranton,” O’Brien said.

Contact the writer:

jlockwood@timesshamrock.com;

570-348-9100 x5185;

@jlockwoodTT on Twitter

AVOCA — The death of a man hit by a train early Thursday has been ruled accidental, according to the Luzerne County coroner’s Office.

John Miles, 27, Moosic, was killed when a train hit him around 7 a.m. near the railroad crossing on York Avenue. Miles was pronounced dead from multiple traumatic injuries at the scene around 7:45 a.m.

Luzerne County Chief Deputy Coroner Dan Hughes said Miles had been on the tracks about 100 yards from the crossing when he was hit, and that it wasn’t clear why he was on the tracks.

Miles had been alone at the time and there was no note, so the death was ruled accidental, Hughes said.

— JAMES HALPIN

BLOOMING GROVE TWP. — A state trooper was involved in a crash Thursday after a driver pulled out in front of a police cruiser.

The crash happened about 12:20 p.m. on Route 434 just north of Blooming Grove Road, troopers said. A vehicle driven by Ashley Quesenberry, 27, of Binghamton, New York, failed to yield and pulled out in front of a state trooper traveling north in a marked patrol vehicle. Quesenberry needed to be extricated from her vehicle. She and a passenger were taken to Geisinger Community Medical Center in Scranton with unknown injuries. The trooper suffered minor injuries.

Quesenberry is suspected of driving under the influence of drugs, troopers said. The crash is under investigation. Anyone who may have witnessed the crash is asked to call state police at Blooming Grove at 570-226-5718.

— CLAYTON OVER

SCRANTON — Lackawanna County seeks a dismissal of a lawsuit by three Scranton residents aiming to force the county to conduct a long-overdue countywide property tax reassessment.

The plaintiffs, Brian Skotch, Annette Holmes and Ronald Monroe, all of Scranton, filed the lawsuit in July in Lackawanna County Court. They claim the county’s outdated, half-century-old property tax assessments — with a base year of 1968 — are unconstitutional and have created a “disproportionate and extremely regressive tax burden.”

The county’s assessment system violates the Pennsylvania Constitution’s Uniformity Clause, as well as the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, the lawsuit claims.

The plaintiffs seek a court order requiring the county to implement a reassessment of its 111,000 properties.

In preliminary objections to the lawsuit, the county argues that the case should be thrown out because the plaintiffs did not instead first pursue another available remedy — individual property tax appeals.

To successfully assert a claim for violation of the Equal Protection Clause, the plaintiffs must both raise a substantial constitutional issue and lack an adequate remedy through the administrative process, the county’s objection says.

The plaintiffs had such an administrative remedy — tax appeals — but did not avail themselves of it, according to the preliminary objections filed Aug. 24 by attorneys for the county in the case, John Dean and Shanna Williamson of the Elliott Greenleaf law firm of Scranton.

The three Scranton residents are represented by the Community Justice Project, a nonprofit civil legal assistance organization.

The CJP has not yet filed its formal response to the county’s preliminary objection. In a phone interview, CJP attorney Donald Driscoll said the county is raising a defense rejected by the state Supreme Court in 2009 in the case of Clifton v. Allegheny County.

That Supreme Court ruling held that because individual assessment appeals only affect the properties immediately before appeals boards, they are no substitute for a constitutionally uniform property assessment.

The Scranton residents’ lawsuit notes that state law allows counties to use a current market value system for assessments, or the market value in any base year that a county chooses. Lackawanna County uses a base year system, with base year of 1968.

The county’s system has resulted in “underassessments and overassessments,” such that some taxpayers pay disproportionately higher taxes than others. For example, for each $1 in taxes paid by the 25 percent of those who are most underassessed, those who are most overassessed pay at least $1.95 in taxes, the lawsuit contends.

The CJP used public records on real estate transactions to identify taxpayers who recently purchased properties.

The organization then contacted several of those taxpayers and explained how the county’s outdated property tax system unfairly costs them more in taxes than if the county had modern, fair assessments. The Community Justice Project asked affected taxpayers if they wanted to become plaintiffs, and the three residents named as plaintiffs agreed to do so.

The CJP estimates that Skotch is paying $1,112 more each year

in property taxes than he would pay if the assessment system were updated and fair. Similarly, Holmes and Monroe, who live together, are paying $1,231 more in taxes each year under the disproportionate tax system than they otherwise would pay under fair assessments, the lawsuit claims.

When a base year system is used, increases in costs of municipal, county and public school services “can only be met through increases in the tax rate, because increases in the value of property are effectively exempt from taxation,” the lawsuit says.

Contact the writer:

jlockwood@timesshamrock.com;

570-348-9100 x5185;

@jlockwoodTT on Twitter

A Lackawanna County jury this week found a Scranton man guilty on all counts for assaulting a city police officer last year, causing injuries the policeman still hasn’t recovered from.

Brian Joseph Wyda, 34, of 713 Cherry St., is guilty of two counts of aggravated assault and one count each of simple assault, recklessly endangering another person, resisting arrest, harassment, public drunkenness and disorderly conduct. Assistant District Attorneys Anthony Martinelli and Cathy Tully led the prosecution during the three-day trial before Judge Vito Geroulo.

Police charged Wyda for punching Patrolman Michael Albert in the face during a struggle to arrest him April 21, 2017, on the 600 block of Brook Street, according to a criminal complaint. The punch hyper-extended the officer’s neck. At a preliminary hearing a few weeks later, Patrolman Steven Lavin, who charged Wyda, testified that he believed his colleague had herniated discs in his neck and suffered from numbness down his left arm.

Albert is still disabled and is “not close” to coming back to work, Scranton Police Chief Carl Graziano said Thursday. Albert has undergone numerous surgeries. The guilty verdict, however, brought some measure of comfort, the chief added.

The jury returned its verdict Wednesday after deliberating for less than one hour, District Attorney Mark Powell said. Wyda is potentially facing several years in a state prison.

“If our police officers are injured because the defendant doesn’t listen and chooses to resist, they will be held accountable,” Powell said.

Police were called to Brook Street about 7 p.m. for a report of a man having a seizure. Albert arrived and called on his radio for immediate help.

“Myself, along with every available officer in the area responded to assist,” Lavin wrote in an affidavit.

Emergency medical services and Albert were struggling with Wyda in the front yard of a home. It took six officers to get Wyda, who is 5 feet 11 inches tall and 195 pounds, under control. Once handcuffed, Wyda started to foam at the mouth, Lavin testified at the preliminary hearing.

EMS personnel Jeff Kovalchik and Jason Evankavitch told Lavin they arrived with Albert and found Wyda on the curb. They put him on a stretcher and he woke up, got aggressive and refused to sit down. Albert used a stun gun and Wyda charged the officer. They fell to the ground and fought. Wyda hit Albert on the side of his face.

Though the call came in as a man in seizure, prosecutors believe Wyda was under the influence of something other than alcohol, but they are not sure what.

Contact the writer:

jkohut@timesshamrock.com; 570-348-9144;

@jkohutTT on Twitter

With each stroke of paint, old blue walls turned tan at Meals on Wheels of NEPA as United Way volunteers brightened up a hallway in the organization’s new center in Scranton.

The renovations at 541 Wyoming Ave. wouldn’t have been possible without the United Way’s Day of Caring, said Kristen L. Kosin, executive director.

The 24th annual Nancy Jackson Memorial Day of Caring event Thursday, which sent volunteers from 35 companies to help with 43 projects across Lackawanna and Wayne counties, kicked off the 2018-19 United Way of Lackawanna and Wayne Counties fundraising campaign. Officials hope to raise $3.25 million this year, just above last year’s $3.2 million goal.

Among the projects worked on Thursday, volunteers:

n Constructed a handicap-accessible ramp at the Arc of Northeastern Pennsylvania in Newton Twp.

n Painted a mural in the outdoor play area at the Day Nursery Association

n Reorganized the Angel’s Attic food and clothing pantry at United Neighborhood Centers Community Services Building and Progressive Center.

Meals on Wheels has owned the building at Wyoming Avenue building since 1984. Last year, they started renovating to create the Space at Olive, which will be open to local organizations to host events at a low cost. Proceeds from the future events will also support Meals on Wheels.

Last year, Day of Caring volunteers tore down walls. On Thursday, they painted them.

“The demolition spurred everything in motion last year,” said Kosin. “Without the Day of Caring, we wouldn’t be able to do it.”

Engineers from Quadrant EPP assembled shelves while Lisa Franko and Sarah Petrunick from TMG Health, a Cognizant Company, spruced up outside.

They pulled weeds from cracks in the sidewalks and removed bothersome plant life growing alongside the building.

“You know you’re making a difference,” said Petrunick, who has volunteered for the past four years.

“It’s important to give back,” added Franko.

Franko said they receive a tremendous amount of gratitude from the groups they assist.

Over the past 24 years, Day of Caring volunteers have donated $3 million in services to local agencies and organizations in the region, said Gary Drapek, United Way president and CEO.

Drapek said events like Day of Caring often run their course, but the United Way initiative is growing every year and up to the day of the event people are asking to volunteer.

Getting inside the area agencies also opens the eyes of many of the local volunteers, said Nikki Keller, vice president of community impact marketing for the United Way.

“It has a huge impact,” she said.

Contact the writer: kbolus@timesshamrock.com; 570-348-9100 x5114; @kbolusTT on Twitter

FUNDRAISING

TARGET

The 2018-19 United Way of Lackawanna and Wayne Counties’ campaign formally kicked off Thursday night at Cooper’s Seafood House in Scranton. Alex Fried of Procter & Gamble, who also volunteered during the Day of Caring, is chairman of this year’s campaign. This year’s goal is to raise $3.25 million. For more details, visit www.uwlc.net.

SCRANTON — Dozens of photographs lined the way for hundreds of people who waited inside the William J. Nealon Federal Building and United States Courthouse on Thursday to pay their respects to the building’s namesake.

In an unprecedented display, the courthouse hosted an public viewing for Judge William J. Nealon. The majority of the pictures depicted the longtime jurist with his family, others with colleagues and staff. He had a reputation for treating those who worked with or for him as family, those who knew him recalled.

“He was an amazing man. He had impeccable integrity,” said Elizabeth Schneider, who clerked for Nealon from 1983 to 1985. “He was a great teacher and he had a great legal mind.”

The judge often had parties, gatherings and reunions for clerks, who developed a fraternal bond, Schneider said. She pointed out a photo of the judge with Harold Miller, who long served as Nealon’s tipstaff until Miller’s death in 1987. The judge viewed Miller like a brother, Schneider said.

She learned a lot from Nealon over the course of her clerkship, much of it from example, Schneider said.

“Just to treat everyone with respect and to be fair and ethical in all that you do and to give back to the community,” Schneider said.

Nealon died on Aug. 30 at the age of 95, two days after he broke the record for longest service as a district judge and longest service on a single court. He served 20,349 days.

Born in Scranton on July 31, 1923, Nealon served in the Marine Corps for 2½ years during World War II before embarking on a more than 67-year legal career. President John F. Kennedy appointed Nealon, then a county judge, to the Middle District of Pennsylvania bench in 1962.

Schneider waited in line with her husband, Howard Rothenberg, an attorney who practiced law before Nealon over the course of the years. Nealon was the wisest man Rothenberg ever met, he said. He treated everyone in his courtroom with great respect and had a reputation for fairness, Rothenberg said.

“There’s a reason this building is named after him and it’s not because how long he served,” he said.

A Mass of Christian Burial will be celebrated today at 10 a.m. in the Nativity of Our Lord Church, 633 Orchard St., Scranton, by Nealon’s former law clerk, Monsignor Joseph G. Quinn.

Contact the writer: cover@timesshamrock.com; 570-348-9100 x5363; @ClaytonOver on Twitter

Welcome to this week’s edition of Friday Playlist where members of the Times-Tribune staff submit their music picks base on a theme.

One of the theme suggestions that was submitted was songs that tell a story. Somehow this theme ended up being easy and challenging at the same time.

We got an unusually high amount of people who couldn’t make up their mind, so we’ve decided to post them all.

So this week’s theme is Story Songs. Enjoy:




Robert Earl Keen - Sonora's Death Row
John Cole

Guns, tequila and peso cigars generally don't mix.



Jody Reynolds - Endless Sleep
Ted Baird

I like a good tragic story song. I heard this late one night on the radio and I was entranced.



Harry Chapin - Cat's In The Cradle
Borys Krawczeniuk

I've liked it since it came out in 1974. I related to it then and now, and I think it resonates with lots of people



Charlie Daniels - Uneasy Rider
Borys Krawczeniuk

It's just a great story song and it sounds relevant to me today, though Charlie Daniels has certainly changed his tune over the years.



Augie Meyers - Miller's Cave
Jim Haggerty

At age 67, Texas marvel Augie Meyers dusted off this 1960 Hank Snow country hit about score settling and gave it new life as a rhythm and blues gem: God help the man who gets lost up in Miller's Cave.



Grateful Dead - Me & Bobby McGee
Jim Haggerty

A classic ballad, a postmortem hit for Janis Joplin and a moving tale of travel and loss. The Dead's  version is really superior, though, and they remind us that Bobby is a girl.



The Buoys - Timothy
Pat McKenna

Local band, cannibalism. God, what did I do?



The Decemberists - Rusalka, Rusalka / Wild Rushes
Erin Nissley

No one, NO ONE, does a story song better than The Decemberists. They have tons, but my new favorite is off their new album. It's based on a piece of Slavic folklore about river mermaids. How cool is that?



Grateful Dead - El Paso
Chad Sebring

Great song about the Old West and love and the lengths of it. Also, this is the Grateful Dead version because it's honestly better.



Redbone - We Were All Wounded at Wounded Knee
Patrice Wilding

Historically in the context of pop music culture, Redbone was an important success story. The name alone tells you who they were: mixed-race musicians coming to terms with their identities as sons of Native American and Mexican ancestors. While most people know them for their No. 1 hit "Come and Get Your Love," members of Redbone also told heartbreaking stories of their people set to palatable melodies, sneaking history lessons into earworm tunes. This song laments the massacre at Wounded Knee, but it also offers a promise:

"There's a whole new generation
Which will dream of veneration
Who were not wiped out by the Seventh Calvary."



David Bowie - Space Oddity
Patrice Wilding

I know this one is super obvious. But what I love about this Story Song is -- unlike most others, which look back on something that already happened -- this one walks us through the action as it's occurring. The lyrics and guitar paint such a clear picture in our heads of lift-off and floating without gravity, and bounce the listener back and forth between a mission control room and a ship in outer space. You can't help but see it all while you listen along.



The Men - Church of Logic Sin and Love
Ed Pikulski

The trip they're on sounds wild and the imagery is terrific-but I have no idea what they're talking about. That makes it even more awesome!



Bob Dylan - Tangled Up In Blue
Donnie Collins

I won't be the only one to suggest this (right?). I've heard this song a million times. It always sounds different. It usually IS different. And it's always enthralling. Probably the best song by arguably America's best songwriter.



Harry Chapin - Taxi
Jim Lockwood

Harry and Sue take you along on their wistful taxicab ride



The Eagles - Lyin' Eyes
Jim Lockwood

Lots of lying to digest here; she's lying to her rich old man, to her fiery loverboy and to herself



Long John Baldry - Don't Try To Lay No Boogie-Woogie On The King Of Rock and Roll
Joe Butkiewicz

A favorite ....



Crooked Still - Wind and Rain
Joe Butkiewicz

A tale in song nearly 400 years old, "The Twa Sisters" has been performed in many variations, under many titles by many artists. I'm partial to this one.

Lawyers representing more than a dozen clergy members whose names were redacted in the Pennsylvania grand jury report released last month asked the state Supreme Court on Wednesday to adopt the redacted interim version, partly because of statements Attorney General Josh Shapiro made to the media “berating petitioners for seeking to protect their constitutional right to reputation.”

If not for the court’s decision to allow for the temporary redaction of names, the lawyers said, “the constitutional consequences for petitioners would have been calamitous.”

The grand jury report was released Aug. 14 after a two-year investigation into the sexual abuse of children by 301 accused priests in six of the state’s eight Catholic dioceses, including Scranton. After sealing the report for weeks as it considered arguments to redact names, the court agreed to temporarily conceal the names of priests who filed objections. A Sept. 26 hearing is scheduled for arguments to determine whether those redactions should be lifted.

In Wednesday’s filing, lawyers argued that no “meaningful due process is possible” for their clients, given that the priests had no opportunity to present evidence to the grand jury, that many of the allegations are old and involve witnesses who now are dead and that the purpose of the report was punitive — to “shame” those named.

By identifying those accused as “predator priests,” the lawyers contend, the report stigmatizes them as sex offenders though many have not been convicted of a crime.

Shapiro’s office, the filing states, made “incurable errors” as it “orchestrated every step of this process, from the investigation to the choreographed media campaign that followed. … Humpty Dumpty cannot be put back together again.”

At a news conference in Harrisburg immediately after release of the grand jury report, Shapiro said the investigation found that more than 1,000 children had been victimized and that the total probably numbered into the thousands, considering many cases were never reported.

Citing what he called a “sophisticated” cover-up by the Catholic church, with the help of law enforcement in some cases, Shapiro said, “The time for institutions to place their own interests above protecting our children is over.”

In Wednesday’s filing and in previous motions, lawyers for priests seeking to keep their names concealed seized on the state constitution’s guarantee of secure reputations.

In the court’s July 27 decision that held off the report’s release, Chief Justice Thomas G. Saylor acknowledged that guarantee, writing, “The right of citizens to security in their reputations is not some lesser-order precept. Rather, in Pennsylvania it is a fundamental constitutional entitlement.”

SCRANTON — Led by their matriarch, William J. Nealon’s large family followed the late U.S. senior district judge’s casket through the doors of his home parish — where the judge’s life in the church began with baptism 95 years ago and where his life as a jurist, father, husband and friend was celebrated Friday.

An American flag and a depiction of the Virgin Mary stood near where Jean Nealon, the judge’s devoted wife of 70 years, and their children, grandchildren and great grandchildren took their seats in the first several pews at Nativity of Our Lord Church on Orchard Street. Red roses adorned an alter at the head of the church, below a statue of Christ.

Nealon, the longest serving district court judge in the 229-year history of the federal judiciary, passed away last Thursday. Hundreds of mourners, including U.S. Senator Bob Casey and fellow federal judges on the Middle District of Pennsylvania bench, filled the church to honor the man who Monsignor Joseph G. Quinn, in his homily, said displayed “rugged independence” and “intellectual honesty.”

Delivering a message on behalf of his family, Lackawanna County Judge Terrence Nealon said his father would, in recent years, wonder aloud what his legacy would be and how he would be remembered.

“Well dad rest assured that you leave behind a legacy of lasting impact on so many,” the younger Judge Nealon said. “A legacy of example and character and faith for your children, your grand children and your great grandchildren. A legacy of immeasurable contributions to justice and to your community, and a legacy of the remarkable story of your life that is etched in the minds and hearts of all those who you have touched and helped along the way.”

Check back for updates

Contact the writer: jhorvath@timesshamrock.com; 570-348-9141; @jhorvathTT on Twitter

A Griffin Pond Animal Shelter employee found the skeletal remains of dogs and cats in several bags in a pond behind the shelter in South Abington Twp.

The remains, discovered on Thursday, appear to be several years old, said Elaine Geroulo, president of the shelter’s board of directors, in an emailed statement.

Griffin Pond officials contacted the district attorney’s office, which sent the corpses for necropsies.

South Abington Twp. police were called to the scene today to assist the district attorney’s office, Chief Robert Gerrity said. He declined to comment further because his department is not leading the investigation. Attempts to reach District Attorney Mark Powell Friday evening were not immediately successful.

The shelter is conducting its own internal investigation.

It’s unclear how many animals’ remains were discovered.

Geroulo said the way the animals were discarded conflicts with the shelter’s policies on euthanasia and disposing of dead animals.

“Griffin Pond has strict policies governing the euthanasia of animals, in the event it is necessary, which include the process occurring at a veterinarian office with remains to be disposed of in a dignified and humane manner,” Geroulo said in the statement. “By no means are the remains found today a result of the actions of employees who adhere strictly to our Board’s current policy.”

Check back for updates.

Contact the writer: joconnell@timesshamrock.com; 570-348-9131; @jon_oc on Twitter

Wayne County officials have won the first skirmish in their fight to preserve a historic dam in Mount Pleasant Twp.

Senior Judge Raymond Hamill today granted a preliminary injunction sought by the county to prevent the Pennsylvania Fish & Boat Commission from knocking down a 150-foot section of the Hankins Pond Dam.

The demolition had been scheduled to start Monday.

Hamill’s ruling bars the state from taking action to remove any part of the hand-built dam along Route 670 pending a hearing Sept. 19.

The county has been trying for months to reach an agreement with the Fish & Boat Commission and the state Department of Environmental Protection on an alternative to dismantling a significant portion of the 19th-century structure.

On Thursday, the commissioners authorized county solicitor Lee Krause to seek an injunction after learning state officials intended to move forward with the planned demolition.

Built by the Delaware & Hudson Canal Co. in the 1830s, the 1,000-foot-long Hankins Pond Dam was breached and the impoundment behind it drained in 2013.

However, state engineers still consider it a high-hazard dam because of the potential for water to build up behind the structure during a major flood event and endanger lives and property downstream if the dam were to fail.

To remedy that, the Fish & Boat Commission plans to demolish 75 feet of the dam on either side of the existing outlet.

Although county officials understand some work may need to be done to make the dam safer, they are “looking for something less destructive to the overall structure,” Commissioner Wendell Kay said Friday.

The commissioners are willing to work with the state to find that solution, he said.

“I still think there is room here for a reasonable compromise where everybody can walk away with a structure that is substantially intact and flood protection for people downstream,” Kay said. “I think that’s what everybody wants. The question is whether we can find a way to accommodate everybody so they are comfortable with it.”

In a statement, the Fish & Boat Commission said the work planned at the site Monday will be halted.

“We await a full review of the legal filing regarding the dam and will fully cooperate with the court order,” it said.

However, the commission also made clear its position on what needs to be done at the site has not changed.

While the commission said it acknowledges the local interest in the Hankins Pond Dam, DEP “has identified the structure as a high-hazard, unsafe dam, which poses a significant threat to downstream properties should a failure occur.”

The 90-acre impoundment created by the Hankins Pond Dam was one of about 200 reservoirs the Delaware & Hudson used to supply water for its canal operations during the dry summer months. The state later used the pond as part of the Pleasant Mount State Fish Hatchery.

Contact the writer: dsingleton@timesshamrock.com, 570-348-9132

A Scranton man is accused of taking nude pictures and sexually touching a teen girl years ago.

A woman went to city police headquarters late last month and reported to police that Lawrence Stone, 63, 542 Lincoln Ave., paid her money to take nude pictures of her from 2010 to 2014, when she was between the ages of 13 and 17, according to court documents. The woman told detectives she met Stone when he was a mobile therapist for Scranton Counseling Center and she was going to therapy, but he kept in contact with her after he left that job, police said.

The Times-Tribune does not identify victims of sexual abuse.

Stone told the victim he worked for a woman who had a modeling agency, she told police. He paid her $200 to take nude photos of her at his home and, once, at a hotel near Archbald, according to court documents. Stone usually took about 300 photos during the shoots, she told police.

The woman also said Stone touched her genitals and breasts as he photographed her, police said.

Detectives later had the woman contact Stone on Facebook and she asked him if he still had any of the photographs he took of her when she was younger. Stone sent her four nude photos taken when she was 15 years old, according to court documents.

Stone is charged with involuntary deviate sexual intercourse with a person less than 16 years old, photographing child sex acts, disseminating photos of child sex acts and corruption of minors. Magisterial District Judge George Seig arraigned Stone tonight and set bail at $25,000. Stone is held in Lackawanna County Prison. A preliminary hearing is scheduled for Sept. 17.

Contact the writer: cover@timesshamrock.com; 570-348-9100 x5363; @ClaytonOver on Twitter

Cinemark 20, Moosic: A.X.L. (PG): 1:45; Alpha (PG-13): 11:20 a.m., 2:15, 4:45, 7:20, 10:10; BlacKkKlansman (R): 11:10 a.m., 2:10, 5:10, 8:15, 11:20, Christopher Robin (PG): 11:50 a.m., 2:30, 5:20, 8:10, 10:45; Crazy Rich Asians (PG-13): 10:50 a.m., 12:10, 1:40, 3:10, 4:40, 6, 7:30, 8:50, 10:40, 11:40; God Bless The Broken Road (PG): 10:30 a.m., 1:20, 4:20, 7:10, 10; The Happytime Murders (R): 10:40 a.m., 1:10, 3:30, 6:10, 8:40, 11:25; Hotel Transylvania 3: Summer Vacation (PG): 10:15 a.m., 12:40, 3:45, 11:15; The Incredibles 2 (PG): 12:20, 3:40, 6:50, 9:50; Kin (PG-13): 11:05 a.m., 9:20; The Little Stranger (R): 1, 3:50; Mamma Mia! Here We Go Again (PG-13): 10:10 a.m., 1:15, 4:10, 7:15, 10:15; The Meg (PG-13): noon, 2:50, 5:40, 8:20, 11; Mile 22 (R): 11 a.m., 1:30, 4, 6:30, 9, 11:30; Mission Impossible — Fallout (PG-13): 11:15 a.m., 2:40, 6:20, 9:40; The Nun (R): 11:30 a.m., 2, 4:15, 4:30, 6:15, 6:45, 7, 8:45, 9:30, 12:01 a.m.; in XD: 10 a.m., 12:30, 3, 5:30, 8, 10:30; Operation Finale (PG-13): 10:45 a.m., 1:50, 4:50, 7:50, 10:50; Peppermint (R): 11:40 a.m., 2:20, 5, 7:40, 10:20; Searching (PG-13): 10:20 a.m., 12:50, 3:20, 5:50, 8:30, 11:10; Slender Man (PG-13): 10:35 a.m., 6:40, 9:10, 11:50.

Dietrich Theater, Tunkhannock: BlacKkKlansman (R): 12:45, 3:45, 6:45, 9:25;Crazy Rich Asians (PG-13): 1:10, 4:10, 7:10, 9:35; The Nun (R): 1, 4, 7, 9:20.

FOR UPDATED SHOWTIMES, check with local theaters.

A mine fire didn’t destroy Centralia — the government and community did, according to a Philadelphia filmmaker.

On Monday at 5:30 p.m. in the University of Scranton’s Moskovitz Theater, filmmaker Joe Sapienza will host a free screening of Centralia: Pennsylvania’s Lost Town. The documentary delves into the history of the nearly abandoned town in Columbia County, taking a chronological look at Centralia from the time it was founded up to 2013, when residents settled a federal lawsuit.

Centralia’s fire department set the town’s landfill on fire in May 1962. That fire slowly spread to the vast network of mines beneath homes and businesses, creating dangerous sinkholes and spewing poisonous gases.

By the end of the 1980s, more than 1,000 people had moved and 500 structures were demolished under a $42 million federal relocation program. But some holdouts refused to go — even after their houses were seized through eminent domain in the early 1990s.

The film is an hour and a half and includes interviews with the town’s few remaining residents, tourists visiting Centralia, officials reclaiming the land, and even the former mayor of Centralia who clashed with the state over eminent domain issues, said Sapienza, the film’s director and producer.

Sapienza wove news clips into the documentary to show the rift between residents in the ’80s and ’90s as some members of the community wanted to stay and others wanted to flee as the mine fire burned beneath the borough.

“We had neighbors that were friends for years that started turning against each other,” he said. “There was a lot of paranoia. There was a lot of vandalism going on and hatred toward one another.”

The documentary also investigates a conspiracy theory among residents that two coal mining companies wanted them to abandon Centralia in order to mine coal under the town, Sapienza said.

He wanted to leave the film’s conclusion open-ended so viewers can take their own stance on the conspiracy, he said.

The overall documentary is “very broad, very fast-paced because we want to keep the viewer engaged,” he said.

Sapienza spent four years on the film, funding it himself, and released the documentary in May 2017. He decided to screen it at the University of Scranton after associate psychology professor Jessica Nolan, Ph.D., reached out to him.

Following the movie, Bobby Hughes, the executive director of the Eastern Pennsylvania Coalition for Abandoned Mine Reclamation who is featured in the film, will discuss the EPCAMR’s efforts to clean up Centralia. The nonprofit has spent several years cleaning up the town as it deals with rampant illegal dumping, Hughes said.

With enough funding for the reclamation organization, Hughes believed it is possible for them to map out the entire coal basin in Centralia, determining water levels and where the mine fires are advancing. There will be a cleanup in Centralia on Oct. 20, and any university students or attendees can lend a hand, he said.

Hughes’ goal is to answer any questions people may have about the documentary, particularly the EPCAMR’s role in research on Centralia, and any questions about the mine fires. He will also bring maps to explain what’s going on for those unaware of the region’s geology, Hughes said.

When the audience leaves after the screening, Sapienza wants them to walk away knowing how a thriving borough destroyed itself from within, he said.

“Man came in, burrowed out the land for coal, set it on fire ... and then neglected to put it out,” he said. “We just want them to take away ... don’t ever rely on your government to help you out because they never will, and we want them to just learn a vast history of what this borough was about.”

Contact the writer:

flesnefsky@timesshamrock.com;

570-348-9100 x5181;

@flesnefskyTT on Twitter

If you go:

What: A screening of Centralia: Pennsylvania’s Lost Town, a documentary looking into the history of the famed coal town that was abandoned by the majority of its residents following a mine fire that still burns today.

When: Monday, 5:30 p.m.

Where: Moskovitz Theater, the DeNaples Center at the University of Scranton, 900 Mulberry St., Scranton

To obtain a physical copy of the documentary or view the film online, visit centraliapalosttown.com

Dunmore

Seniors meet: Dunmore 50 Plus Club will meet Wednesday at 1 p.m. at Cuppa Cake, 701 E. Market St., Scranton.

Keyser Valley

Seniors meet: Keyser Valley Senior Citizens meeting, Monday, 1 p.m., community center, games and refreshments follow.

Lackawanna County

Food cupboard: Annual Cortez Country Cupboard food pantry benefit, today, 2-7 p.m., free food, 50/50s, door prizes, tricky trays, four bands, $10/donation, Jefferson Lions Club, Mount Cobb.

Madisonville

Ham dinner: Madisonville Fire Company annual ham dinner, Sept. 15, 2-7 p.m., hall, 3131 Madisonville Road (Route 690), takeouts available; anyone who is willing to bake pies or give donations of coffee, sugar, butter or money can do so that day; 570-842-7711.

North Pocono

Pancake breakfast: North Pocono Band Parents pancake breakfast, Sept. 22, 8-10 a.m., high school cafeteria, $10/at door, includes a breakfast of pancakes, sausage, hash browns, and coffee/tea/juice; proceeds assist the band parents with efforts to support the students of the marching band and units who regularly perform at football games, participate in area cavalcades and march in the Armed Forces Day Parade in Scranton each year; North Pocono hosting cavalcade, Oct. 10, North Pocono Stadium Complex, 701 Church St., Moscow; northpoconobandparents@gmail.com.

Old Forge

Committee meeting: Old Forge School District student activities committee meeting, Tuesday, 7 p.m., high school auditorium.

Riverside School District

Teacher meeting: Meet the Teacher Back to School Night in the elementary schools: East Elementary, Tuesday, 6-8 p.m., and West Elementary, Wednesday, 7-8 p.m.

Taylor

Flea market: First United Methodist Church annual bazaar/flea market, Sept. 22, 10 a.m.-2 p.m., South Main Street, featuring homemade baked goods, books, holiday items and toys; lunch also available.

Valley View School District

Booster meeting: Friends of the Cougars Baseball Booster Club meeting, Sept. 20, 7 p.m., high school library.

CLIPBOARD ITEMS may be sent to yesdesk@timesshamrock.com or Clipboard, c/o YES!Desk, 149 Penn Ave., Scranton, PA 18503. YES!Desk, 570-348-9121.

SCRANTON — The city’s $6.3 million wish list for federal block grants for 2019 far outpaces the $3.3 million expected.

The city annually gets federal Housing and Urban Development funds in three categories to help low- to moderate-income individuals or areas.

An allocation process determines how much money goes to various projects or recipients, including road paving, homeless shelters, homeowner assistance and blight removal, to name a few.

The process began several weeks ago with grant applications submitted to the city’s Office of Economic and Community Development, which administers the city’s federal funding.According to a public notice

in The Times-Tribune, the block grant funding categories and requests include:

The Community Development Block Grantcategory: $2.6 million expected; $4.5 million sought in 22 requests.

The HOME Investor Partnership Programfor homeowner assistance: $500,000 expected; $1.5 million sought in eight requests.

The : $220,000 expected; $258,518 sought in 12 requests.

Most of the federal block grant money goes to the city itself; 18 of the 42 total requests submitted came from city departments. The rest came from outside entities, typically nonprofit service and advocacy organizations.

Applicants and city departments could receive all, some or none of their requests.

After the applications were submitted, OECD makes recommendations of what it believes the funding levels should be, based on an evaluation process, said OECD Executive Director Linda Aebli.

As there won’t be enough money to fund every request, OECD suggests paring some and eliminating others.

For example, OECD recommends cutting a DPW request for $1.4 million for road paving to $761,000.

OECD also recommends cutting its own request for $370,000 for streetscape sidewalk/curb/lighting improvements to $300,000; and lowering its request for $500,000 for economic development loan/grants to $250,000.

The office recommends reducing a Police Department request for $272,000 for neighborhood patrols to $238,000.

OECD also recommends cutting a $600,000 request from the city Licensing, Inspections and Permits Department for blight demolitions to $75,000.

The nonprofit NeighborWorks Northeastern Pennsylvania asked for $157,000 for a full-gut renovation of a blighted, vacant single-family house at 635 Brook St. in South Side, but OECD whittled it to $125,000.

NeighborWorks provides programs and services for responsible home ownership and affordable housing. After NeighborWorks renovates and sells the Brook Street house, and covers the organization’s own costs, any leftover money would go back to the CDBG program, NeighborWorks President/CEO Jesse Ergott said.

NeighborWorks acquired the home in 2015 through a foreclosure of a prior unsuccessful client. Before NeighborWorks had full control of the property, vandals targeted the vacant house, stripping it of copper and destroying the interior, Ergott said. He likened the renovation project to a targeted, blight-to-bright neighborhood investment of “turning lemons into lemonade.”

“We think it’s a really nice home and it fits with what the CDBG program is about,” Ergott said in a phone interview.

OECD’s recommendations now go to city council for consideration at its meeting Monday at City Hall at 6 p.m., when council is scheduled to introduce a Courtright administration ordinance to implement the 2019 block grant program.

Next, on Sept. 17, council will hold a public hearing at 5:15 p.m. at City Hall on the funding requests, in The Times-Tribune.

Also on Sept. 17, council would vote on advancing the ordinance on second reading.

The block grant ordinance then would get tabled for a mandatory review period, after which it will come back to council for a third vote on adoption.

Before adoption, council may choose to adjust any of the allocations, either up or down.

Contact the writer:

jlockwood@timesshamrock.com;

570-348-9100 x5185;

@jlockwoodTT on Twitter

Senate confirmation hearings this week for U.S. Supreme Court nominee Brett Kavanaugh renewed an election campaign debate between the state’s Republican and Democratic U.S. Senate candidates.

U.S. Rep. Lou Barletta, R-11, Hazleton, ripped U.S. Sen. Bob Casey, a Scranton Democrat, for coming out against Kavanaugh before President Donald Trump even nominated the former Bush administration lawyer and federal appeals court judge.

“It’s a pretty radical statement to make,” Barletta said. “He (Casey) has a constitutional duty to advise and consent on nominations, but to come out openly before the president even named who it was is a radical position and shows you how far left he has moved in stopping whatever this president does, whether it’s right or wrong. Judge Kavanaugh deserved a fair process and review. Bob Casey did not give him that, not on his qualifications, but based (his decision) on who was nominating him.”

In January 2017,

when Trump nominated Justice Neil Gorsuch

to the Supreme Court, Casey withheld a decision on whether to vote to confirm him until after hearings, but cited concerns similar to Kavanaugh’s nomination about the way Trump chooses nominees.

Casey said only Trump has acted radically, turning the screening process over to leaders of the Federalist Society

and Heritage Foundation.

The two far-right think tanks came up with a list of 25 acceptable nominees, a list that included Kavanaugh and Gorsuch, he said.

“It is remarkable and unprecedented that a president, in the middle of a campaign, would make a bargain with the right and basically say, with a handshake, ‘You make the list,’” Casey said. “If you’re a conservative judge, but you’re not hard right enough, you can’t get on the Supreme Court. It’s a perversion of the system and you’ve already got plenty of evidence (that) ... it’s already a corporate court.”

He cited a hearing statement by Sen. Sheldon Whitehouse, D-Rhode Island,

who noted that in 73 cases involving a “big Republican corporate or partisan interest,” the current Republican-majority court has voted for the Republican or corporate interest every time.

“I’m not going to be part of the process that’s packing any already corporate court with another corporate justice,” Casey said. “If they had an open process where they’re choosing from Republican-appointed judges, that’s a different story. But when you can only be on that list if Heritage and Federalist Society (approve), that’s corrupt.”

Barletta said the Heritage Foundation list included Thomas Hardiman

from western Pennsylvania who Casey supported for a federal appeals court judgeship in 2007.

Casey said he decided against opposing Hardiman because his predecessor, Sen. Rick Santorum,

and fellow Sen. Arlen Specter

had already come out in favor of Hardiman, who wasn’t on “some Heritage/Federalist Society list.”

Barletta, who as a House member doesn’t have a vote on Supreme Court nominees, hedged at first when asked if he would vote to confirm Kavanaugh.

“Obviously I wasn’t privy to all the documents,” Barletta said. “I certainly would give him a fair review. I can’t see anything wrong with him. I think he’s qualified. The American Bar Association said that he’s well-qualified.”

He then said he would back Kavanaugh unless he “found something odd” that would prevent him from supporting the nominee.

“He certainly appears very well qualified. Yeah, I would vote for him,” he said.

Contact the writer:

bkrawczeniuk@timesshamrock.com;

570-348-9147;

@BorysBlogTT on Twitter

SCRANTON — A picnic Sunday at Nay Aug Park will spotlight celiac disease.

Organizers Rosemarie Butera and Laure Stasik said the event aims to educate people on the autoimmune disorder. People with celiac disease have an intolerance to foods containing gluten, namely wheat, barley, rye and oats.

The picnic is also meant to offer support for local celiac disease sufferers. Butera and Stasik belong to a support group that meets once a month at Geisinger Wyoming Valley Medical Center in Plains Twp.

The picnic, scheduled for noon to 3 p.m. at the park’s Schimelfenig Pavilion, will feature gluten-free foods from around the world, as well as basket raffles and a band.

Tickets for the picnic are $15 for adults and $10 for children under 12. Infants are free. For information, call 570-655-0728.

— STAFF REPORT

A Diocese of Scranton priest receiving a monthly stipend to help him meet his basic needs is a member of a private golf club, according to a roster of club members.

The Rev. J. Peter Crynes, 76, of West Pittston, has received a sustenance payment — currently $1,237.50 per month — since he was removed from the ministry in 2006 after five women alleged he molested them when they were teenagers. A sixth woman came forward in 2016.

A roster report at the Fox Hill Country Club in Exeter shows a listing for “Msgr. J. Peter Crynes.” An anonymous source mailed a screenshot of the report to The Times-Tribune with a handwritten note: “Scranton Diocese stipends pays for private country club?” A second source confirmed the roster entry is accurate.

Crynes played golf at the course at least five times in 2018 and 16 times in 2017, according to entries made in SkyGolf360, an online site golfers use to track their progress.

Under canon law, the diocese is required to provide minimal financial support to any priest who is removed from ministry as long as he was not laicized, also known as defrocked. The payments are made only to priests who show they need financial support to meet basic needs such as food and shelter, according to the diocese.

A regular golf membership at Fox Hill costs $5,050 per year, while a social membership costs $1,180 and nonresident membership, $1,000, according to the club’s website. The club also offers a rate for clergy members, but the cost is not listed on the website. Regular and social members also must spend $250 per quarter on food and beverages at the club’s restaurant.

It is not clear what type of membership Crynes has. The roster does not provide that information.

Crynes declined to comment to a reporter who went to his home Friday. Shane Bradley, general manager at Fox Hill, did not respond to an email or phone message seeking additional information.

William Genello, spokesman for the diocese, did not address questions regarding how often the diocese reviews cases to determine whether a priest still needs financial assistance or whether it will look into Crynes’ case. He said in an email only that the diocese is required to provide the payments.

Michael Cefalo, a Pittston attorney and a member of Fox Hill, said he has no issue with Crynes receiving the sustenance payments. Cefalo, a practicing Catholic, said he has known Crynes for more than 20 years and thinks he is a “great guy.”

Crynes is among 70 predator priests the diocese identified following the Aug. 14 release of a statewide grand jury report on sexual abuse within six dioceses in Pennsylvania. The report identified 301 priests, including 59 in the Scranton diocese.

Diocese records show that of the 70 priests it identified, at least 24 are still alive. Crynes is among 11 priests receiving the sustenance payments.

Crynes was ordained in 1967 and served in various positions, including several parishes in Lackawanna and Luzerne counties. He last served at St. Therese’s Church in Shavertown from July 1994 to May 2006, when he was removed.

According to the grand jury report, the diocese first became aware of sexual misconduct allegations against Crynes on March 2, 2006, when officials received a letter from a law firm representing a woman who said Crynes abused her from 1974 to 1977 starting when she was 17. The woman said Crynes kissed her while she was at a retreat. Over the next three years, the abuse continued and included fondling, oral sex and intercourse.

The woman said she confronted Crynes about the abuse when she was a sophomore in college and he “laughed at her and told her that he wanted to continue even once she was married.”

Four other women came forward between March and June 2006 to report Crynes had improper sexual contact with them, including hugging and kissing. The diocese reported the cases to law enforcement, but no charges were filed.

The Rev. Joseph R. Kopacz questioned Crynes in 2006 about the claims two of the women made. He admitted the conduct and told Kopacz he saw his physical behavior with women “as gestures of loving parental affection,” according to the report. The report also notes one of the women wrote to Crynes in 2002 to demand an apology. He wrote back and asked her to forgive him for the pain and trauma she experienced.

The diocese removed Crynes from ministry in May 2006. The Congregation for the Doctrine of Faith, which reviews sexual abuse cases, did not act on his case until June 2011, when it sentenced him to a life of prayer and penance, according to the report.

A priest sentenced to a life of prayer and penance is barred from all public ministry and cannot present himself as a priest. He is “expected to dedicate his life to praying for victims and repenting of his past offenses,” according to the United State Conference of Catholic Bishops.

Contact the writer:

tbesecker@timesshamrock.com;

570-348-9137;

@tmbeseckerTT on Twitter

J. Peter Crynes’ employment history with the Diocese of Scranton:

Assistant director, Camp St. Andrew, Tunkhannock: June to September 1967

Assistant pastor, St. Patrick, White Haven: September 1967 to September 1968

Assistant pastor, Holy Rosary, Scranton: September 1968 to September 1972

Chaplain, St. Joseph’s Children’s and Maternity Hospital, Scranton: September 1972 to September 1975

Director, Our Lady of Fatima Center, Elmhurst: September 1975 to June 1988

Pastor, Church of Corpus Christi, Montdale: June 1988 to July 1994

Pastor, St. Therese, Shavertown: July 1994 to May 2006

Removed from ministry: May 2006

Resigned: May 19, 2006