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Rep. Lou Barletta wants IRS to clarify health care law provision

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Congressman Lou Barletta is concerned that the Affordable Care Act could create a financial hardship for volunteer fire departments and jeopardize public safety if volunteer departments with 50 or more members are required to provide insurance for employees who work at least 30 hours per week.

While Barletta's concerns likely wouldn't pertain to volunteer fire departments in southern Luzerne County or Schuylkill County, several fire chiefs from throughout Greater Hazleton believe the congressman's questions have merit - and deserve answers.

Barletta, R-11, said in a news release issued Tuesday that he wants the Internal Revenue Service to clarify whether the Shared Responsibility Provision of Obamacare will result in "crushing cost increases" for Pennsylvania's volunteer fire fighters and emergency responders.

The IRS treats all firefighters - whether they are volunteer or paid - as employees for federal tax purposes, the congressman said. However, the Shared Responsibility Provision of the health care law requires employers of 50 or more employees to provide health insurance to anyone who works at least 30 hours per week or face a penalty, Barletta said.

"As a former mayor, I know from personal experience how much people count on their volunteer firefighters," Barletta said. "And once again, Obamacare has raised more questions than it has answered. First, are all volunteer firefighters considered employees and therefore subject to the employer mandate under Obamacare? And second, how should volunteer time be counted to see if they're working 30 hours?"

Barletta wrote to IRS Acting Commissioner of Internal Revenue Daniel Werfel asking for clarification to "protect first responders."

"This could be achieved by utilizing existing langue in the Fair Labor Standards Act and Internal Revenue Code that allow for individuals to receive 'reasonable benefits and nominal fee(s)' while still being considered volunteers," Barletta wrote.

West Hazleton Fire Chief Dennis Ganc shared Barletta's concerns, saying issues raised by the congressman could create a bookkeeping nightmare for administrators who would have to decide how to track hours logged by volunteer members - and potentially create a financial burden.

"We don't punch time clocks but we are technically on call around the clock," Ganc said. "If we're on call around the clock, does that constitute that you're constantly on the job? Realistically, we're not covered under the municipality unless our pager goes off and we're responding to a call, we're on the scene of an incident and/or at the firehouse performing responsibilities in the capacity as a volunteer firefighter."

He also asked how the government defines an hour of service provided by each volunteer.

"How would you determine how many hours a volunteer would be so-called 'working?' " Ganc asked.

West Hazleton's fire company has at least 50 people who are considered volunteer members, but Ganc estimates that between 20 and 25 consistently respond to calls.

Bill Gallagher, a volunteer firefighter in Hazle Township, said Barletta's concerns likely wouldn't impact the township because it has about 35 active volunteer firefighters.


Casino boost needed, Senate leader says

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HARRISBURG - Lawmakers should consider ways to boost casino revenue as they work on the state budget next spring, a top Senate Republican leader said Tuesday.

President Pro Tempore Joseph Scarnati, R-25, Jefferson County, wants a formal study of the future viability of Pennsylvania's 12 casinos with recommendations completed by early spring. That way lawmakers will have the information in time to consider a rewrite of the 2004 state law legalizing slots casinos by the June 30 budget passage deadline, Scarnati said.

The study will look at online gambling as well as state taxes and regulations on casinos.

The Senate Community Economic and Recreational Development Committee unanimously approved his resolution Tuesday, authorizing the study by the Legislative Budget and Finance Committee. A chamber floor vote is planned next week. Senate approval is sufficient to launch the study.

Pennsylvania casinos are at a crossroads, with gambling revenue flat or in decline while neighboring states up the competition for the gambling dollar, Scarnati said.

"We can just stay with the status quo which is ultimately declining revenue or be innovative and more aggressive in making sure our gaming industry stays on top," he said.

New Jersey's move to offer online gambling in Atlantic City casinos is a wake-up call for Pennsylvania, he said.

New York voters approved a ballot question last month authorizing the opening of as many as seven new casinos, including some potential casinos in the Catskill Mountains.

Elevator history spans more than century in Schuylkill

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The types of elevators a community has used in its history can tell you something about its fascination with upward mobility.

In the 19th century in Schuylkill County, the industrial revolution brought water locks to the Schuylkill Canal and pulley systems to anthracite mines, Dr. Peter Yasenchak, executive director of the Schuylkill County Historical Society, said Tuesday.

"In 1846, the first shaft was dug in Saint Clair. The workers were lowered down on a pulley system. It was an elevator referred to as a cage," Yasenchak said.

Today, the variety is much more diverse. For example, there are personnel elevators more than 20 stories high in the 64 skyscraper-sized windmills in northern Schuylkill County. And Dr. Whitney E. Pollock of Pottsville has a two-story elevator at her office, which she considers a prized antique.

Its interior is lined with sheets of beige marble. She said she spent $100,000 to put a new motor in it in 2008, and it was ready to use when she opened The Gynecology Center in April 2009.

"It might be from the 1930s. It was brought here from Wanamaker's in Philadelphia years ago. When I bought the building here in 2008, it was here, boarded up and it was not functional. So it's something old and something new," Pollock said Tuesday.

There are 490 elevators in 305 locations in Schuylkill County. Of those, 47 elevators are out of service, according to a 21-page report provided by the state Department of Labor and Industry Bureau of Occupational and Industrial Safety, Harrisburg, on Nov. 20.

There are 443 elevators in service in Schuylkill County, according to the report.

Here is a list of the following types of elevators in the county and how many of each type is in service: passenger elevators, 217; freight elevators, 41; combination passenger/freight elevators, 15; stair lifts, 37; dumbwaiters, 15; wheelchair lifts, 32; material lifts, 7; special purpose personnel elevators, 66; limited use/limited access elevators, 3; man lifts, 1; personal service elevators, 5; sidewalk freight elevators, 1; special purpose industrial service elevators, 1; and vertical reciprocating conveyors, 2.

The Schuylkill County Historical Society does not have a written history of elevators in Schuylkill County on file, according to Yasenchak. He wasn't sure one was ever written.

But information about the county's elevators can be found in a few sources.

According to Valerie E. Macdonald, president of the Greater Shenandoah Area Historical Society, the one at the society's headquarters at 201 S. Main St. in Shenandoah was installed in 1904.

It's out of service, and has been since the society acquired the building in 2005, Mary Luscavage, executive director of Downtown Shenandoah Inc., said Tuesday.

In Downtown Pottsville, the oldest elevator may be the one in the Thompson Building at 101 W. Market St., Jim Hanlon, 57, of Port Carbon, said Tuesday. He's been an elevator repairman for Otis Elevator for 20 years.

The Thompson Building is the city's first skyscraper, according to "Pottsville in the Twentieth Century," an Images of America Book written by Mark T. Major and Leo L. Ward.

"It's hard to say exactly when it was installed, but I'd say the oldest in the city is probably Thompson's. It actually has two motors, one motor to drive the car and a second motor for leveling the elevator. Somebody actually has to drive that car," Hanlon said.

In 2010, the Otis-brand elevator at the Thompson Building was shut down when Michael V. Farinola, an inspector hired by the state Department of Labor and Industry, determined it couldn't lift the 2,500 pound limit it was required to.

"The elevator itself is not broken there. It just doesn't meet the weight requirements. It won't lift what it's supposed to lift," Donald J. Chescavage, city code enforcement officer, said Nov. 26.

The building is owned by Lorenzo Tosco Sr., Collegeville, Montgomery County, and his two sons, Anthony and Lorenzo Jr., who bought the building in March 2011 for $80,000.

Lorenzo Jr. said Monday he knew the building was built in 1909, but wasn't sure when the elevator was installed.

Hanlon said elevators at the Thompson Building, the eight-story Schuylkill Trust Co. Building at 101 N. Centre St., and at the home of Klingaman's Office Products at 14 N. Centre St., Pottsville, were installed "either in the 1920s or 1930s."

The one at Klingaman's has been out of service for more than 20 years, Hanlon said.

In the 1990s, artist David W. Naydock, Pottsville, painted a mural on the interior of the antique elevator at the Schuylkill Trust building.

"He made it look like a library. That fascinated me. I thought that was pretty cool," Hanlon said.

That elevator was one of the attractions at a event held in May to celebrate Naydock's life. He died Jan. 20 at Schuylkill Medical Center-South Jackson Street at age 52.

That elevator was shut down over the summer, according to a note taped to it. Meanwhile, a newer model elevator is in use at the Schuylkill Trust building.

Hanlon wasn't sure what the oldest elevator in operation was in Schuylkill County.

He said most elevators are marked with the date of their installation, but not all.

For example, when he checked the tag on the freight elevator at The Republican-Herald building at 111 Mahantongo St., Pottsville, on Tuesday, he couldn't find a date of installation.

"I'd say it was put in sometime in the 1920s, maybe," he said.

The Warsaw-brand freight elevator at the D.G. Yuengling & Son Inc. brewery at 5th and Mahantongo streets is also a candidate, he said.

"I'm sure it was installed sometime in the 1920s as well," Hanlon said.

John Callahan, Yuengling brewmaster, said Tuesday, "It was installed around 1930."

A freight elevator built in 1953 is in use at Victory Garage at 119 E. Oak St., Shenandoah, according to the owner, Michael J. Kitsock, Pottsville.

"It would be hard to find parts for an elevator like that these days. Parts from that era just aren't available. In changing times, society expects you to upgrade," Hanlon said.

Local electricians have kept the freight elevator running for 60 years, Kitsock said Tuesday.

The elevators with the tallest shafts in Schuylkill County may belong to the windmills, which accent the skyline in the area of Shenandoah and Mahanoy City, according to Paul Copleman, communications manager at Iberdrola Renewables Inc., Wells, Maine.

Iberdrola owns the 13 windmills at Locust Ridge I in Mahanoy City and the 51 windmills at Locust Ridge II which stretches from Shenandoah into Colombia Counties, Copleman said.

"The elevators in the wind turbines are used to bring people, tools and small parts to the nacelle of the turbine. The nacelle is the box at the top of the tower that houses the gearbox. They can hold two people, or a little more than 500 pounds. The towers, not including the blades, are 78 meters - 256 feet - high, and the elevator goes almost to the top, so the elevator height is roughly 70 meters. One of our windmills is roughly 23 stories high, so the elevators shafts would be about 20 stories high. So, they may be the tallest elevator shafts in Schuylkill County," Copleman said.

Pottsville schools host panel on cyber safety and social media

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The Pottsville Area School District hosted an information panel Wednesday night about social media and technology issues to help inform parents and help them protect their children.

The hour and a half panel was held in the DHH Lengel Middle School Auditorium with about 100 people in attendence.

Hosted by Attorney Dorothy M. Bollinger, The Bollinger Law Firm, Radnor, speakers were Capt. Steve Durkin and patrolman Joseph Murton from the Pottsville Police Department and Schuylkill County Assistant District Attorney Jennifer Lehman.

Bollinger specializes in social media and technology and works with Pottsville Area to create its policies.

"Our whole purpose is to work with you," Bollinger said.

Durkin, who has been an officer with the Pottsvile police for 25 years and has been a gamer since the 1980s, told parents that no matter what you post online and think is private, once it is posted, the rights to that content is lost.

He gave examples about photos and personal information, which he said, even if deleted, is stored somewhere, either on another computer or a server.

"Information is money on the Internet," Durkin said. "That's why Mark Zuckerberg is a billionaire."

He went on to talk about how easily someone's identity can be stolen, with criminals even using information posted in an online survey on a social media site like Facebook or Myspace.

With this information being posted by juveniles, he said it could be years until this person is caught.

Durkin also said to beware of metadata, which is attached to photographs and gives GPS information about exactly where the photo was taken, sometimes latitude and longitude coordinates.

Lehman said that social media is starting to come into play in the courtroom.

"It benefits us and it hurts us," she said.

She talked about how a man took a baseball bat to his ex-girlfriend's car and posted it on Facebook, which made the case easier for law enforcement.

One issue that Lehman touched on, that she said parents should be worried about, is "sexting," meaning the sending of nude photos either through text message or the Internet.

While it used to be a felony offense for teenagers - even those as young as 13 or 14 years old - and required them to register as a sex offenders, the law has changed and it is now either a summary offense, misdemeanor of the third degree or misdemeanor of the second degree.

Adding that the Internet makes it easier for child predators, Lehman said that most times sexting only occurs child-to-child and if a parent discovers this is going on, it can be dealt with at home.

"Coming to the school may not be the most appropriate thing," she said.

At the end of the session, Bollinger talked about cyberbullying and how it takes places beyond the school setting. Cyberbulling, which she said sometimes leads to suicide, is something the school usually can't discipline.

She said that if a parent suspects it, they can communicate with the school, but the school can't go into the home.

"The school can only discipline it if it affects school," Bollinger said.

District Superintendent Jeffrey S. Zwiebel said that the panel was put together since district administrators are finding that they're having to deal with more and more social media issues.

Besides parents in the Pottsville Area School District, invitations to the panel were also extended to school districts and boroughs around the county.

Zwiebel said that a lot of stuff occurs outside of school, since students can't gain access to it in the buildings through the district network.

The district is finding students are calling each other names on Facebook and "war of words" are erupting online during the weekend and spill into school.

"We just want parents to better understand how all this works and they really need to be big brother over their children and watch what they're doing online," Zwiebel said. "You need to be immersed in it. You need to understand in order to keep your kid safe."

PennDOT readies winter materials for Schuylkill County

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Schuylkill County may see more snow as early as Sunday night and the state Department of Transportation is ready.

PennDOT is responsible for more than 600 miles of roadway in Schuylkill County. The costs of keeping those roads clear in the winter comes from a winter maintenance budget that is based on an average of the last five years, according to Sean Brown, spokesman for PennDOT.

District 5, which includes Berks, Carbon, Lehigh, Monroe, Northampton and Schuylkill counties, has a winter maintenance budget of $16.4 million this year, Brown said. Of that, $3.8 million is set aside for Schuylkill County.

"It doesn't change too much every year," Brown said. "We just try to tweek it to make it more efficient."

Since a lot of material was left from last year, Brown said a little less was budgeted for this year. Schuylkill County had $4.1 million for winter maintenance last year.

"If the need comes, we raise that budget," Brown said. "We don't skimp on winter activities. That money just comes out of our spring-summer budget."

About 90,000 tons of salt was used last year in the county. Brown said companies are contracted to provide salt and PennDOT is required to refill its supply when it reaches a certain point.

PennDOT currently has about 82,000 tons of salt for Schuylkill County and will order another 9,000 soon, Brown said.

"We will get more," Brown said. "Our folks will make that call if we are using a lot if we are having a harsh winter."

PennDOT has 40 plow trucks in Schuylkill County and uses temporary agreements with contractors if more are needed, Brown said. According to PennDOT's website, there are 110 employees maintaining the state-owned roads in the county.

"(Interstate) 81 is obviously our first and primary roadway," Brown said. "We need to keep traffic flowing through there. State routes that have a lot of traffic are sort of our secondary roadways. Our trucks do run on pre-designated routes and all our roadways get hit, but we frequently hit heavier-travelled roadways first."

Temperatures are expected to get warmer, peaking about 60 degrees Thursday, Elyse Colbert, a meteorologist with the National Weather Service at State College, said Wednesday. High temperatures will be in the 50s on Friday before falling into the low 30s by Monday night. If it does snow Sunday night, it will be less than an inch, she said.

"It's really going to depend on how the temperature plays out whether it's snow or rain," Colbert said.

Around the Region

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n Ashland: The Ashland Area Historic Preservation Society is selling chances on a Christmas lottery basket with $150 worth of instant tickets. Chances are $1 each and the drawing will be held Dec. 21. Tickets are on sale and the basket is on display at Payne's Flower Shop, 723 Centre St. Tickets are also available by calling 570-875-8611 or 570-875-2632.

n McAdoo: Borough authorities recently issued a reminder to residents that parking is allowed just on the odd side of the street in the case of a snow or ice event. There are only a few exceptions. Those unsure of the snow ban restrictions can call 570-929-1182.

n Millersburg: The Ned Smith Center for Nature and Art has announced its newest Olewine Gallery exhibit, "Only Owls," is open now through March 15. It has come from Leigh Yawkey Woodson Art Museum in Wausau, Wis., according to a release from Alexis Dow Campbell, the center's director of creative programming. The Woodson facility's mission is "to enhance lives through art." In addition to the varied collection of owl art, the center has developed interactive educational components to enhance the exhibit, Dow Campbell said. Visitors can compare their "wingspan" to various owl species, examine replica owl pellets and eggs, examine owl boxes and other items. Support for "Only Owls" comes from The Foundation for Enhancing Communities. Admission to the center's galleries is free to center members. For others it is $7 for adults and $2 for seniors and students. For more information, call the center at 717-692-3699.

n Nuremberg: The Nuremberg Country Christians Youth Group will sing Christmas carols in the community on Dec. 22. The group will meet at 6 p.m. at Emmanuel Lutheran Church and return there after caroling for refreshments. Those participating should dress appropriately for the weather and bring a flashlight. Those planning to participate are asked to call Sherry at 570-384-2221 or Rhonda at 570-384-3913 so the group does not leave without you.

n Pottsville: American Hose Company No. 2 has extended its annual fund drive until Dec. 16. In a release, President John Lox said donations are used to "support and recognize our volunteers who make sacrifices for the safety and protection of our citizens." Residents' support is "critical" to ensure the company is able to continue its services and maintain its building and equipment. The company's volunteer firefighters regularly attend training classes and seminars to keep up with current standards. Donations can be sent or dropped off at the firehouse, 323 W. Norwegian St. He also said a special cash drawing will be held Dec. 16 and anyone who makes a donation will be eligible.

n Pottsville: The Pottsville Free Public Library recently acknowledged the following memorial donations: For Milton Anchorstar from Dr. and Mrs. William R. Davidson; for Thomas Coyle from Vincent Balitas, Sylvia and David Gittleman; for Leo T. Dougherty from Berneda Dougherty; for William and Mary Fermier from Margaret Fromme; for Sam Kachmar from Dan and Kara; for John Plachko from attorney and Mrs. Robert N. Bohorad; for Frank Ross from Sylvia and David Gittleman.

n Pottsville: The Nativity BVM High School music department will present its annual Christmas concert at 7 p.m. Sunday in the school gymnasium. Sounds of the season will be performed by the combined Partner School Band (St. Ambrose, St. Nicholas, Assumption BVM, and Trinity Academy); the Nativity Jazz Band, the Nativity Concert Chorus and the Nativity Concert Band. Admission is free but donations will be gratefully accepted.

n Shenandoah: The William Penn Fire Company will host a cheesesteak dinner beginning at 3 p.m. Saturday. The cost is $8 per platter. To order or for free local delivery, call 570-462-0338.

District attorney will consider justification in homicide

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MAHANOY CITY - An autopsy Tuesday determined that a Mahanoy City man killed over the weekend died of a single stab wound to the chest.

A forensic pathologist who conducted the autopsy ruled the manner of Lawrence Quinn's death was homicide.

However, the case will be reviewed by the Schuylkill County District Attorney's Office to determine if the killing was justified.

Lt. John Kaczmarczyk said his department interviewed two women who were at 739 E. Mahanoy Ave. at the time of the stabbing, Linda Smith, Quinn's girlfriend, and her daughter, Kimberly Hons.

In an affidavit of probable cause attached to a search warrant approved by Magisterial District Judge Anthony J. Kilker, Shenandoah, Kaczmarczyk said Hons admitted to Patrolman Jonathan McHugh when he arrived at the scene that she stabbed Quinn.

Quinn, 52, was found lying on the kitchen floor of his home about 4:40 a.m. when McHugh arrived after receiving a report of a stabbing. He was treated by borough EMS personnel but pronounced dead in the ambulance outside the home.

On the porch, Kaczmarczyk said Hons told McHugh, "I stabbed him, and I think I killed him."

Entering the house, McHugh found Quinn with the stab wound and Smith performing CPR in an attempt to revive him.

During a subsequent interview, Kaczmarczyk said Smith alleged that she was in a fight with Quinn during which she got slapped in the face, causing a bloody nose.

The woman said when her daughter, Hons, came home, she saw the blood and confronted Smith in the kitchen of the home.

Smith said her daughter lunged at Quinn and a fight began with Quinn grabbing Hons by the throat and pinning her against a countertop.

Kaczmarczyk said Smith told him that, at that point, Hons reached for a knife and stabbed Quinn in the chest.

At the scene, Kaczmarczyk said officers found the kitchen in disarray with several knives on the floor, blood on the floor, blood on the front door and blood on the clothing of Hons and Smith.

Following interviews with the woman, Kaczmarczyk said Schuylkill County Assistant District Attorney Jennifer Lehman decided not to file charges against Hons pending the results of the autopsy and also physical evidence taken from the women and at the scene.

The lieutenant said the case is still awaiting evidence collection results and then all of the information will be given to the district attorney, who will ultimately determine what, if any, charges should be filed in the case.

Deeds, Dec. 5, 2013

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Deeds

Ashland - James F. and Consuelo G. Brecker to Blake A. Reppert; property at 11th and Walnut streets; $6,000.

Barry Township - Lester H. and Lucille M. Ludwig to Cathy M. Ludwig; 808 Deep Creek Road; $1.


Testing delays communications network upgrades

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Testing on the $16 million upgrades to Schuylkill County's public safety communications network has pushed the upgrade project completion date back about six months.

Scott Krater, county communications director, told the county commissioners after a work session Wednesday that installation of a security system and coverage testing has delayed the project.

The security system will prevent outside radios from accessing the network, Krater said.

Coverage testing also needs to be done when leaves are on the trees. Like terrain and other solid objects, foliage can cause radio interference and winter is not the optimal time for testing. The contract with Motorola Solutions Inc. also requires testing when leaves are on the trees, Krater said.

The Federal Communications Commission extended the county's waiver for the project to October 2014.

However, Krater said everything else is in place and the system should be online by June 2014.

"We hope to have dry testing by April or May," Krater said. The FCC mandated the upgrades in 2012. Narrowbanding allows more radios within a spectrum by reducing the widths of the signals produced.

The county is paying for the project with a $21 million bond issued in October 2012.

The county commissioners also approved a community development block grant program to demolish two structures at 58 and 60 E. Main St., Tremont. Gary Bender, county director of community development, said the dilapidated structures sit between the old Tremont Fire Company building and a general store.

The commissioners' retirement board meeting will be held Dec. 11 immediately following the commissioners' public meeting. The monthly prison board meeting will also be held that day at 11 a.m. in the prison classroom.

New members welcomed at Minersville school board meeting

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MINERSVILLE - During a reorganization meeting Tuesday night, the Minersville Area school board swore in two new board members.

Magisterial District Judge David A. Plachko, Port Carbon, swore in board members Christopher G. Bentz and Michael Naradko Sr.

Also during the meeting, Albert Wank was reappointed as president and Kevin Wigoda was voted as vice president.

A special meeting for general purposes followed the reorganization meeting, during which the school board adopted a resolution that the Minersville Area School District will not  increase any tax for 2014­-15 by more than 1.16 mills as dictacted under Act 1 for the district.

Hopper car featured in Fryer's Store model train series

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ORWIGSBURG - With Christmas approaching fast, those shopping for Schuylkill County train lovers can put a new collector's item underneath the tree this year.

Glenn Frantz, manager of Fryer's Store, 210 E. Market St., said the third model train car in a series highlighting local businesses, a Reading "hopper car" that says "Tuscarora Coal Company" on it, is now available.

Fryer's Store has been selling model trains since the 1980s.

Frantz's grandfather opened the first store in 1929 in Hamburg and a second store in Orwigsburg in 1954.

"It's a limited series and a fundraiser to benefit the Port Clinton Historical Society (Northern Berks Southern Schuylkill Historical Association), with part of the profits going to them," he said.

Frantz, who designed the car with local graphic artist Don Houlihan, said that they decided to use a symbol that the coal company uses on its billboards and that they made 200 of them. About 100 cars are left since customers were able to preorder the models.

Each car is dated, this year's has 2013 on it, and has a number, 01 or 02, on it.

"Some people want to have two cars," Frantz said. "That gives it a different road number. Every railroad car has its own unique number. If somebody wants to have it realistic, they have different numbers on their car, instead of having the same thing."

This year's O-gauge compatible car is $69.95 and people can call the store to order one.

Frantz said that he has orders from Virginia, Florida and the Midwest - many of them from people who were originally from the county.

Last year, two cars were produced: a refrigerator car, or "reefer," for Heisler's Cloverleaf Dairy, Walker Township, and a gondola for Weiner Iron & Metal, Pottsville.

Both are still available and are $59.95 each.

Heisler's car was supposed to be released in 2011 but was delayed for design purposes. There are also only about 100 of each model from last year remaining.

Next year Frantz is hoping to do a tank car, so he will be looking for oil businesses to represent on the car.

Eventually one will also be an engine.

"Every year for the Christmas season, you never know what to buy some train collectors," Frantz said. "It's all local businesses. It's a unique item and it's benefiting a local organization."

For more information, call 570-366-8979.

DCED secretary preaches optimism, economic growth

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Pennsylvania Secretary of Community and Economic Development C. Alan Walker traveled Wednesday to Pottsville to tell people the state's best economic days are yet to come.

"Looking forward, Pennsylvania is going to do very well," Walker told about 35 people at the Schuylkill Chamber of Commerce luncheon at the Schuylkill YMCA in Pottsville. "During this recession, our unemployment number was generally lower than the rest of the country."

Walker, 69, of Clearfield, has served as DCED secretary since being appointed by Gov. Tom Corbett in 2011. A native of Bigler, Clearfield County, he served as president and CEO of Bradford Energy Co. Inc. before joining Corbett's cabinet.

In his speech, Walker emphasized the positive effects of the natural gas industry on the state's economy, saying it has put Pennsylvania second behind Texas in the export of natural gas.

"It's been an incredible development," he said of the business that has directly created 28,155 new jobs and indirectly spawned 200,000 more jobs in the state. Williamsport, for example, has become a boomtown for companies involved in producing natural gas by the process of hydraulic fracturing, also known as fracking.

Benefits have not been limited to the people directly involved in the natural gas industry, according to Walker.

"Our energy costs are going down," including electric rates, he said. "It's going to make Pennsylvania extremely competitive."

That growth also will involve building cracker plants, which will break down oils in natural gas to produce plastic pellets that can be used to manufacture plastic products, he said. One such plant already is planned for Beaver County, according to Walker.

"We want to get the value of the gas here," he said.

Walker said that competitiveness has sparked the beginning of what he termed reshoring, the return of jobs from overseas to Pennsylvania, and reindustrialization, the return of industries to areas that previously had plants.

"I see really good days for Pennsylvania," he said.

Distribution centers are an example of the return of businesses to the state, he said. Walker pointed to Schuylkill County's Highridge Business Park, which contains regional distribution centers for such corporations as Lowes, Wal-Mart and Wegmans, as an example of such growth.

"We're seeing this all across the state," Walker said.

He also said the Corbett administration has helped the state economically.

"There's been a lot of fiscal discipline in the last three years," Walker said, noting that Corbett got rid of a $4.5 billion deficit when he took office and has balanced all his budgets without raising taxes. "We're getting much more efficient."

In addition, he praised the new $2.3 billion transportation funding bill, which will increase spending for highways, bridges and mass-transit systems, saying it also will create $60,000 new jobs.

"It's going to prepare our infrastructure for the 21st century," Walker said.

Communities also need to emphasize high-tech training and vocational education to prepare people to be part of the work force in the 21st century, he said.

He said Schuylkill County has provided a good example of helping itself by increasing its adaptability for change.

"The communities that don't do anything are going to be totally bypassed," Walker said. "A vision with a task can change the world."

Local student chosen for All-American marching band

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SCHUYLKILL HAVEN - A student from Schuylkill Haven Area High School will perform with the U.S. Army All-American Marching Band during the U.S. Army All-American Bowl on Jan. 4 in Texas.

Morgan Bates, 17, plays the trumpet and was nominated by her band director from Schuylkill Haven, Caitlyn Biggs, for the honor. She is the only student from Schuylkill County attending - and the county's first marching band member to ever attend, said Brian Prato, director of operations for the U.S. Army All-American Marching Band.

The band formed in 2008. Seniors from high schools are selected as members of the marching band after being recommended by the instrumental staff of the All-American Band. Students must submit three videos demonstrating their talent and an application for consideration. They are judged on performance ability, community service and other attributes, including leadership ability.

Prato said being chosen for the honor is a big deal.

"I am absolutely pumped. I'm not even nervous," she said. "It's basically the highest honor one can attain in high school marching band."

She has been in the high school marching band for seven years. When she found out she was accepted in July via email, Bates was overcome with emotion.

"As soon as I read the word 'congratulations,' I started crying," she said Monday.

Bates leaves Dec. 30 from Harrisburg International Airport. She will stay at the Grand Hyatt San Antonio in Texas. Her return trip is Jan. 5. She will practice a total of 24 hours for the 5 1/2-minute performance.

A trumpet will be provided for her to use, as well as a uniform.

The band plays during the bowl, which takes place Jan. 4 in the Alamodome, San Antonio, Texas. The game will be broadcast on NBC. The performance can also be viewed live on the Internet at banddirector.com during halftime or seen through a prerecorded practice performance from 5 to 8 p.m. Jan 3. The halftime band performance is only available to watch online, Prato said, since NBC doesn't broadcast it.

In all, 125 seniors with color guard backgrounds and instrumental talent from across the nation will perform. The main sponsor of the event is the U.S. Army. Other sponsors include DeMoulin Bros & Co., a uniform company, Jupiter Instruments, a music instrument company and Drum Corps International, a nonprofit organization.

This is the 14th year for the bowl game. Current big name football players have played in the U.S. Army All-American Bowl, including DeSean Jackson, a wide receiver for the Philadelphia Eagles, LeSean McCoy, a running back for the Eagles, and Adrian Peterson, a running back for the Minnesota Vikings.

Football players from high school across the country play in the game after being chosen by the U.S. Army All-American Bowl Selection Committee. No Schuylkill County football players were chosen.

Bates was honored Nov. 25 with an assembly at Schuylkill Haven Area High School.

Sarah Yoder, Schuylkill Haven Area High School principal, said Bates is a leader in school. She is on student council, various clubs and made county chorus and district chorus, adding she is also a good student.

"She's such a wonderful, well-rounded student," she said.

Yoder said Bates talked during the 30-minute assembly to eighth- through 12th-grade students about the importance of setting goals.

Bates said she is honored to represent Schuylkill County.

"Everybody has that one niche, and I guess music is my thing," she said.

Correction, Dec. 5, 2013

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Information incorrect

Orwigsburg Borough is not proposing to build a 33-townhouse development, a developer is.

A waiver that was granted previously for sidewalks in the development was just for the ones at the entrance.

The Schuylkill County Conservation District will not issue a highway occupancy permit.

District Court, Dec. 5, 2013

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James K. Reiley

A Pottsville man charged with a May 28 burglary and theft at a city home waived his right to a preliminary hearing before Magisterial District Judge James K. Reiley, Pottsville.

Matthew R. Adams Jr., 25, of 14 N. 17th St., was arrested by Pottsville police Patrolman Richard Pugh and charged with one count each of burglary, theft, receiving stolen property and driving while operating privileges are suspended or revoked.

By waiving his right to a hearing, Adams will now have to answer to all four charges in Schuylkill County Court.

Pugh charged Adams with going to a home at 605 Mine St. and stealing a Yamaha R1 motorcycle owned by Matthew Adams Sr.

Pugh said a witness positively identified Adams Jr. as the man she saw taking the motorcycle from a garage. The officer said that when told by the witness to put the vehicle back, Adams Jr. replied, "I hope you burn. I owe a lot of people money and I'm taking the bike to a chop shop."

Another witness then reported seeing Adams Jr. start the motorcycle in the street and drive off with the vehicle, Pugh said.

Other court cases included:

William J. Murphy, 45, of 725 N. Third St., Pottsville - waived for court: possession with intent to manufacture or deliver a controlled substance, resisting arrest and possession of a controlled substance.

Aaron J. Booterbaugh, 23, of 73 Main St., Mount Carbon - waived for court: fleeing or attempting to elude police, DUI, recklessly endangering another person, driving while operating privileges are suspended or revoked, driving an unregistered vehicle, reckless driving, driving without insurance and driving a vehicle without a valid inspection.

Jonathan A. Wampole, 43, of 555 Raymond St., Reading - waived for court: criminal trespass.

Arthur J. Johns, 56, of 317 S. Centre St., Pottsville - waived for court: criminal mischief, harassment, reckless driving and driving a vehicle without a valid inspection.

Nadir K. Muhammed, 20, no known address, Pottsville - withdrawn: burglary. Waived for court: indecent assault and criminal trespass.

Andrew M. Svrcek III, 24, of 1 Mayann Hill, Schuylkill Haven - waived for court: DUI, DUI-highest rate and period for requiring lighted lamps.

Cody Lee Adams, 24, of 142 W. Penn St., Schuylkill Haven - waived for court: recklessly endangering another person, disorderly conduct and harassment.


Health reform law may have unintended effect on volunteer firefighters

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A local congressman wants answers on whether volunteer firefighting companies could be unintentionally swept into the national health care reform law championed by President Barack Obama.

The International Association of Fire Chiefs has asked the Internal Revenue Service, which has partial oversight of the law, to clarify if current IRS treatment of volunteer firefighters as employees means their hose companies or towns must offer health insurance coverage or pay a penalty if they don't.

The organization representing the fire chiefs has been working on the issue with the IRS and White House for months.

"It could be a huge deal," said U.S. Rep. Lou Barletta, R-11, Hazleton, who is seeking clarification from the IRS. "In Pennsylvania, 97 percent of fire departments are fully or mostly volunteer firefighters. It's the fourth highest amount in the country."

So far, the IRS hasn't decided what to do.

Efforts to reach spokesmen for the IRS were unsuccessful.

Under the fire chiefs' organization's interpretation, the concern goes like this:

The health care reform law, known officially as the Patient Protection and Affordable Care Act and derisively by Republicans as Obamacare, requires employers with 50 or more full-time employees to offer health insurance. Companies with fewer than 50 employees do not have to offer insurance. Full-time employees are defined as an employee who works 30 or more hours a week.

Such employers who don't offer health insurance must pay fines.

The requirement is complicated by differing interpretations about the status of volunteer firefighters within the federal government. The Department of Labor, according to the fire chiefs group, classifies most volunteers as non-employees, but the IRS considers all volunteer firefighters and emergency medical personnel to be employees of their departments.

"If the IRS classifies volunteer firefighters and emergency medical personnel as employees in their final rule, fire departments may be unintentionally forced to comply with requirements that could force them to curtail their emergency response activities or close entirely," the chiefs' group said on its website.

Barletta said the problem could be even more complicated if the IRS counts volunteer hose companies as one department in towns with more than one hose company or as part of a town's workforce. Definitions like that could bump the total numbers beyond the 50-employee threshold and require offering coverage that towns or hose companies cannot afford, he said. The IRS must also define what sort of volunteer duty counts toward the 30-hour-a-week limit.

Barletta wrote a letter urging the IRS to write a rule that labels volunteer firefighters as non-employees.

"There needs to be clarification because this could be serious," he said. "That's all we're looking at and that we haven't heard anything concerns me."

Bruce Moeller, chairman of a task force for the fire chiefs group and head of safety and emergency services for Pinellas County, Fla., said the problem arose because the IRS already considers volunteers as employees and requires all departments to issue W-2 forms for any sort of compensation for volunteers. He's sure Congress did not intend to require volunteer fire departments to offer health insurance when it passed the health law.

"Welcome to federal regulations," he said. "It's one of those quirks."

Local officials in volunteer departments said they had not heard of the issue or not heard much about it.

One local fire chief said it never occurred to him that volunteers could be considered employees.

Bill White, a volunteer firefighter for 50 years and leader of the Dive Rescue Specialists in Scott Township, said an IRS rule requiring offering volunteers health insurance would create an uproar.

"If they push that, that would be just the final nail in the coffin for Obamacare for everybody," he said. "I'm not terribly concerned about it."

He's not concerned because the harm would be too great.

"We're barely paying the bills that we have now," White said.

John Cudo, a volunteer firefighter and public works department laborer in Taylor and an official with the Northeastern Pennsylvania Volunteer Fireman's Federation, said the possibility caught him by surprise when he heard about it during a firefighters' convention in September. A requirement like that could hurt, but he was unconcerned it will happen.

"We're not employees," he said.

North Schuylkill welcomes two new board members

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FOUNTAIN SPRINGS - Two new members of the North Schuylkill Board of Education were welcomed at Wednesday's reorganization meeting that included a swearing in ceremony.

Schuylkill County Court of Common Pleas Judge John E. Domalakes conducted the swearing in ceremony for newcomers Tom Fletcher and Janine M. Simms and incumbents Suzanne A. O'Neill, Glenn H. Weist and Douglas Gressens.

The five directors were called to the center of the boardroom to take their oaths of office. Board secretary Merri Lynn Craig held the Bible during the ceremony.

"I want to congratulate and commend them for their interest in our youth to seek this position," said Domalakes, noting that he was a municipal solicitor for 21 years before becoming judge.

After the swearing in, Domalakes congratulated the school district for earning Middle States accreditation.

The board next began the process for election of board president and vice president.

Charles Hepler was reelected unanimously as president, with Roy Green elected as vice president. O'Neill was appointed as Pennsylvania School Boards Association liaison. She was also appointed as North Schuylkill representative to the Schuylkill Intermediate Unit 29 board.

The board also approved the meeting dates in 2014. Committees will meet on the third Wednesday of the month at 7 p.m., with regular monthly meetings on the fourth Wednesday of the month at 7 p.m., preceded at 6:30 p.m. with a meeting of the Committee of the Whole.

The regular monthly meeting was held immediately after the reorganization. The council:

- Approved assistant baseball coaches for the spring season: Chris Glessner at $1,250; Richard Leibig at $1,700; and Kieran Connors at $1,850.

- Approved volunteer assistant boys' baseball coaches: John Chuma, Steve Ennis, John Williams, Paul Kowalick and Robert Yesalusky.

- Approved Randy McCormick as a volunteer assistant track coach for the 2014 season in place of Chris McCormick who was inadvertently placed on the Nov. 20 meeting agenda.

- Accepted the resignation of Heather Brooks as varsity girls' volleyball coach, effective immediately.

The next board committee meetings will be held on Jan. 15 at 7 p.m. The board meeting will be held at 7 p.m. Jan. 22.

4 Florida men jailed for attempted theft

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SCHUYLKILL HAVEN - Four Florida men were jailed Wednesday after being charged by Schuylkill Haven police with trying to steal copper from a borough business.

Patrolman David George said those charged were Livan Andre Garcia, no age available, of Hialeah; Raimel A. Garcia, 27, of Lake Worth; Eugenio Labra, 29, of Miami; and Cirilo L. Aguilar, 44, also of Hialeah.

George charged each of the men with theft, receiving stolen property and conspiracy. They were arraigned by Magisterial District Judge James R. Ferrier, Orwigsburg, and committed to Schuylkill County Prison, each unable to post $25,000 straight cash bail.

George said the incident occurred while he was on patrol and called to Draka Cable USA, 1 Tamaqua St., for a report of a theft in progress.

George said a security guard at the company said four men were loading copper into the cab of a red and silver tractor-trailer. The guard, George said, reported watching the theft on security cameras while calling police.

Arriving at the site, George said he saw the tractor-trailer parked alongside the building with the passenger's side door open and four Hispanic men standing outside.

George said that when the four men saw him pull in they went back into the sleeper section of the truck. At that time, the officer said he drew his weapon, ordered the men out of the truck and onto the ground and called for backup.

Penn State University police arrived to assist and George said he ordered the four men to sit on the ground and produce identification.

One of the men, later identified as Livan Garcia, did not have identification on his person and was allowed to go back inside the truck to retrieve it. George said he went into the truck with the man in case he was going to retrieve a weapon.

Inside the sleeper area of the truck, where Livan Garcia went for his identification, George said there was a large amount of copper coil in plain view. The officer said there was also several other coils on the floor and bed, along with a lot of luggage.

George said the copper found inside the truck was the same copper as those outside of the truck and also the same copper that witnesses saw the men loading into the truck.

Police Chief Jeff Walcott said the men were making a delivery to the business and while there, committed the theft.

The copper the men tried to take had an estimated value of $1,500, the chief said.

Police log, Dec. 5, 2013

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Shen man faces

multiple charges

SHENANDOAH - A borough man was jailed Wednesday after being arrested by Shenandoah police for an assault that occurred on West Poplar Street about 5:10 p.m.

Police said Kevin L. Cooney, 29, of 102 W. Laurel St., was arraigned by on-call Magisterial District Judge David A. Plachko, Port Carbon, on charges of two counts of aggravated assault and one count each of simple assault, recklessly endangering another person, possessing instruments of crime and public drunkenness.

Cooney was committed to Schuylkill County Prison unable to post $50,000 straight cash bail set by Plachko.

Police Chief George Carado said Patrolman Travis Bowman was caked to the 500 block of West Poplar for a report of a man in the street in his underwear waiving an axe in the air and yelling that he was stuffing a dead body in abandoned mattresses.

On scene, Bowman saw a man, later identified as Cooney, waving an object in the air and stuffing something under a mattress. Bowman drew his weapon and ordered Cooney on the ground, but the man ignored commands.

The chief said Bowman ordered Cooney to drop what he was holding, but the man refused and began walking toward the officer saying "just kill me."

Bowman was able to put some distance between he and Cooney, holstered his firearm and then used his Taser to incapacitate the man and take him into custody.

Carado said Cooney's behavior was consistent with the use of bath salts and that he admitted he swallowed a gram of bath salts on Monday.

House panel makes school safety recommendations

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HARRISBURG - School safety could be improved if teachers wear wireless pendants so they can signal trouble, retired police officers are hired to screen visitors at entrances and students have access to more mental health services, according to recommendations recently made by a special House committee.

The report by the House Select Committee for School Safety came five months after lawmakers approved $8.5 million for an expanded safe schools initiative in the state budget. It provides grants to pay for school resource officers, emergency training and violence prevention programs.

The committee issued a set of recommendations covering such topics as security technology, school emergency planning, role of law enforcement, bullying and mental health initiatives. It was formed in the wake of the deadly shooting at a Connecticut school nearly a year ago.

Some recommendations call for passage of legislation and state appropriations with recognition that state finances are tight. Others are steps school districts can take on their own.

In addition to surveillance systems and locked doors, schools should give teachers and administrators wireless pendants and install panic buttons in front offices, the committee suggested.

"Most people have seen commercials advertising pendants that can be worn and used to contact emergency personnel in case of any injury or other emergency," Rep. Todd Rock, R-90, Waynesboro, a committee member, said. "Why not give teachers similar devices that they could use in case of a crisis in the classroom?"

Pennsylvania needs to provide substantially more funding for school safety, said Rep. Kevin Haggerty, D-112, Dunmore, who welcomed the report.

Haggerty didn't sit on the committee, but he has focused on school safety issues since taking office. He proposes placing resource officers in all elementary schools and enabling private foundations and businesses to make donations to the state Office of School Safety budget.

The committee weighed in on a controversial issue saying that school personnel who are not properly trained school police officers, resource officers or security officers should not be armed on school property.

The report gives a nod to a House bill providing for hiring retired police officers to act as a "choke point" for screening visitors, but recognizes this would have to be implemented gradually given fiscal constraints.

And it calls for considering existing bills to exempt school board discussions of security issues from open meeting requirements and to require more extensive employment interviews for job applicants who would have direct contact with children.

The committee urged more state funding for student assistance programs that offer early intervention for student mental health issues.

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