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Around the Region

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n Mahanoy City: Harry W. Wagner Jr. has been named the Mahanoy City Elks Citizen of the Year and will be feted during a gathering set for 6 to 11 p.m. Jan. 25 in the lodge, 135 E. Centre St. Tickets for the gathering are $20 each. Wagner, according to banquet organizers, earned the honor for his time and dedication to the firemen's convention and to Mahanoy City's 150th anniversary celebration last year. For tickets or more information, contact any Elks lodge member.

n Lehighton: A traditional Ukrainian Christmas Eve dinner, in accordance with the Julian calendar, will be held at 2 p.m. Saturday at the Ukrainian Homestead of ODWU Inc., 1230 Beaver Run Drive. ODWU is the Organization for the Rebirth of Ukraine. The event will include ethnic Christmas food as well as caroling with the Kazka Ukrainian Folk Ensemble. Admission is $20 per person or $35 per couple. Children 12 and under are free. For more information or to reserve a table, contact Lesia Stecyna via email at lesiauke@yahoo.com, call Ulana Prociuk at 215-235-3709 or go online to www.ukrhomestead.com. All are welcome.

n Quakake: The Quakake Volunteer Fire Company stages bingo games on the third Wednesday of the month in the firehouse. Doors open at 5 p.m. and games begin at 6 p.m. Proceeds benefit the company. Everyone is welcome.

n Pottsville: A children's theater workshop titled "Happily Ever After" will be held at the Sovereign Majestic Theater, North Centre Street, from 11 a.m. to 12:30 p.m. Jan. 25. The workshop is open to boys and girls ages 5-12. According to a release, the workshop, using favorite characters, will feature all aspects of musical theater including singing, acting and dancing. No previous experience is required. Advance registration is a must and can be done by emailing schmusicevent@com-cast.net.

n Pine Grove: Although Grover the Groundhog is still snoozing in his burrow, he will emerge Feb. 1 to make his winter weather prediction for the annual Groundhog Day celebration at Sweet Arrow Lake County Park. Organizers said in a release that Grover will go to church on Feb. 2, so he will make his weather prediction a day early. The public is invited to join Grover and his bride, Sweet Arrow Sue, at the park clubhouse on Clubhouse Road for the festivities. After Grover's 9 a.m. prediction, members of the Pine Grove Grundsau Lodge No. 5 will entertain with Pennsylvania Dutch stories and songs. There will also be music by the Groundhog Band, a Chinese "Groundhog" auction and a Pennsylvania Dutch video presentation. The festivities are free. Breakfast will be available beginning at 7:30 a.m. at a cost of $5 for adults and $3.50 for children on a first-come basis. Only the breakfast will be canceled if there is a blizzard. The park is located two miles east of Pine Grove off Route 443. For more information, call 570-345-8952 or email revanchalk@co.schuylkill.pa.us. All are welcome.

n Schuylkill Haven: The Schuylkill Haven Senior Citizens group will hold its first meeting of 2014 at 7 p.m. Feb. 10 at the senior center, 340 Haven St. It will be the group's Valentine gathering. Members are asked to bring a food item for the Schuylkill Haven Food Pantry. The food item should be "red," according to a group release, which provided examples such as tomato soup, spaghetti sauce, canned tomatoes (all types), red beets and tomato juice. New members are always welcome. For more information, call 570-385-5323.

n Tremont: Upcoming events for the Tremont Fire Company include: A pickup-only macaroni and cheese/stewed tomato sale Jan. 25, call 570-695-3674 for tickets; Super Bowl wings 1 to 5 p.m. Feb. 2, call 570-695-3915 and leave a message to order with advance orders accepted through 6 p.m. Jan. 31 and orders day of the sale beginning at noon. The company will also sponsor Lenten fish fries from 5 to 7 p.m. March 7, 14, 21 and 28 and April 4, 11 and 18. Fish fry orders will open at 4 p.m. before the start of each fry. Call 570-695-3915.


Federal inmate indicted for possessing weapon behind bars

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A federal grand jury in Scranton on Tuesday indicted an inmate incarcerated in Schuylkill County for allegedly carrying a weapon behind bars.

Ronnie Perkins, 23, who has been imprisoned in Federal Correctional Institution/Schuylkill, has been charged with possessing a prohibited object while an inmate.

Prosecutors alleged that on Jan. 4, Perkins possessed a handmade weapon on the grounds of FCI/Schuylkill in Foster Township north of Minersville.

If convicted, Perkins faces a maximum sentence of five years in prison and a $250,000 fine.

The FBI and the U.S. Bureau of Prisons conducted the investigation of the case, which has been assigned to Assistant U.S. Attorney Todd K. Hinkley for prosecution.

Senior U.S. District Judge Richard P. Conaboy will preside over the case.

Tremont man sent to state prison for DUI-related accident

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Jeffrey B. Tucker caused a serious accident in January 2013 in Tremont Township and is headed to state prison because of it after pleading guilty Wednesday in Schuylkill County Court to five charges resulting from the incident.

Tucker, 26, of Tremont, pleaded guilty to aggravated assault by vehicle while driving under the influence, DUI, failure to drive at a safe speed, careless driving and seat belt violation. Prosecutors withdrew a second charge of seat belt violation and a charge of disregarding traffic lane.

President Judge William E. Baldwin accepted Tucker's plea, and, pursuant to an agreement between prosecutors and the defendant, sentenced him to spend one to two years in a state correctional institution.

Baldwin also sentenced Tucker to pay costs, $1,075 in fines, $300 to the Substance Abuse Education Fund, $1,270 restitution and a $50 bench warrant fee and submit a DNA sample to law enforcement authorities.

Tucker said little during Wednesday's hearing except to indicate that he understood the terms of his plea agreement and that he entered it voluntarily.

State police at Schuylkill Haven alleged Tucker was DUI on Jan. 5, 2013, when he caused the accident.

Assistant District Attorney Jennifer N. Lehman said Sean Brown was the victim of the accident.Defendant: Jeffrey B. Tucker

Age: 26

Residence: Tremont

Crimes committed: Aggravated assault by vehicle while driving under the influence, DUI, failure to drive at a safe speed, careless driving and seat belt violation

Prison sentence: One to two years in a state correctional institution

Snowflake candidates take center stage for costume fashion show

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The 21 high school juniors competing for the title of Greater Pottsville Winter Carnival Snowflake Princess took to the stage again Wednesday night for the Snowflake Costume Fashion Show at Boscov's auditorium at Fairlane Village mall, Pottsville.

In the first part of the show, the girls picked a question written on a piece of paper from a glass container. 2013 Winter Carnival Snowflake Princess Devan Direnzo, Minersville Area High School, asked each contestant the selected question.

The girls wore different outfits during each part of the show Wednesday, many choosing to keep it casual to show their personality.

The first girl to the stage was Karissa Elser, Blue Mountain High School, wearing a blue and white polka dot dress.

Elser was asked what she thought was more important in today's society, beauty or education.

"I think education is more important in society today because it gets you farther in life," Elser said.

Allison Mika, Williams Valley High School, wore a white lab coat with a stethoscope.

She was asked what long-term goal in her life was most important to her.

"The most important long-term goal I have in my life is to become a large animal vet ever since I was little I've wanted to make a difference for animals that depend on me," she said.

Kara Pytko, Minersville Area High School, wearing a lacy black dress, was asked if she felt social media has helped or hurt society.

"I definitely think that social media has helped our society by giving more ways of communication," she said, "but it's also very bad because it takes away all of our time from important things like studying and doing work that you should be doing at the time."

In the second part, the girls were asked to tell the audience and judges about themselves.

Elser, who came onstage in an eagle costume, told how she is the mascot at her high school.

She said that to be a good mascot, a mascot has to be enthusiastic, athletic and goofy.

"I love what I do as a mascot as you can tell," she said. "I think the eagle is a very good example of how I interact with my community and how I get to enjoy the football games even more than I already did."

Kate Chapman, Mahanoy Area High School, came out in a cheerleader outfit, had a poster board set up with all of her accomplishments and read a story that she wrote about herself.

In her story, Chapman talked about how she looked up to her "hometown heroes" and wants to become one herself.

She has participated in multiple activities in and out of school, including the track team, competitive cheerleading, playing piano and becoming a member of the Humane Fire Company, Mahanoy City, and plans to go to college to become a pediatric oncologist since they "help the children with cancer."

"As Kate Chapman adds a new page to her book every day, she knows that she is one step closer to her happily ever after," Chapman said.

The next Winter Carnival event will be at 2 p.m. Saturday when the Snowdrop contestants - girls in second and third grades - make their first public appearance at their fashion show at Boscov's auditorium.

Deeds, Jan. 16, 2014

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Deeds

Mahanoy City - Tax Claim Bureau of Schuylkill County to Francis DeVizia; 309 E. Mahanoy Ave.; $1,000.

Tax Claim Bureau of Schuylkill County to Francis DeVizia; 535 E. South St.; $1,000.

Tax Claim Bureau of Schuylkill County to Francis DeVizia; 110 S. Catawissa St.; $1,000.

George and Sandra Schlemmer to Duke George Troutman and Tammie Soult; 427 E. Centre St.; $16,500.

Ann Carol M. Schoener and Patricia L. Hartman to Ann Carol M. Schoener and Patricia L. Hartman; 1014 E. Market St.; $1.

Porter Township - Kay L. Reiner, Diane Deeter, Carol E. Kreiser, Richard E. Bowman, Robert C. Yourshaw, Ann Marie Shomper, Karen J. Paul, Dennis C. Houtz, Mary L. Bisking and Charles A. Houtz to Dennis C. Houtz, Mary L. Bisking and Charles A. Houtz; 102 Dietrich Ave., Orwin; $1.

Dennis C. and Kristy J. Houtz, Mary L. and Charles M. Bisking and Charles A. Houtz to Brian D. Thompson; 102 Dietrich Ave., Orwin; $1.

Pottsville - Tax Claim Bureau of Schuylkill County to Blackstone Funding LLC; 1621 West End Ave.; $4,601.

Tax Claim Bureau of Schuylkill County to Ralph A. Citarella; 375-377 Hotel St.; $2,381.

Judges say new court rules will have little impact locally

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Schuylkill County President Judge William E. Baldwin does not believe Pennsylvania's new Code of Judicial Conduct will change the way he and his fellow jurists conduct court business in Pottsville.

"I don't think there's anything that judges are doing that would violate the code," Baldwin said Wednesday of how he and his six compatriots on the county bench handle their work-related and private affairs.

Baldwin discussed the new 41-page code, which the Administrative Office of Pennsylvania Courts published earlier this month and which will take effect in July.

It represents the first revision and expansion of the code in 40 years, includes major changes in the areas of preventing nepotism and makes it clearer what is expected from judges, on and off the bench, according to Art Heinz, a spokesman for the AOPC.

"It was time to (change the code)," Heinz said Tuesday. "The previous code is 40 years old. There were significant provisions added with respect to nepotism, and a prohibition on judges serving on commercial boards."

The code bars a judge from appointing a close relative to an administrative position. The change follows controversy over former Supreme Court Justice Joan Orie Melvin, now off the bench and under house arrest following her conviction on corruption charges and hiring her sister as her chief of staff, and current Justice Seamus P. McCaffrey employing his wife as his chief administrative aide.

Such situations have not been a problem in Schuylkill County, Judge John E. Domalakes said.

"From what I read about them, it wouldn't impact anything I'm doing," Domalakes said. "Is it needed? For here, I don't think so."

Domalakes said the new code also sets new limits for campaign contributions for judges running for their offices and sets "reasonable" limits for recusal, or voluntary removal, from a case.

Baldwin said that when one of the county judges believes a conflict of interest exists that would prevent him or her from sitting on a case, that judge informs him and he assigns another judge to the case. If all of them believe they have such a conflict, he contacts the AOPC, which assigns a senior judge from another county to hear the case.

He also said the additions to the code follow procedures already used in Schuylkill County.

"I think those areas of the code that weren't included before were adhered to," he said. "To put it in a code makes it more official, takes the doubt out."

Heinz said officials, including a committee chaired by Superior Court Judge Anne E. Lazarus, modeled the new code in large part on the American Bar Association's Code of Conduct, which was last revised in 2007.

"They also looked at codes in other states," he said.

Heinz said he believes citizens should see in the new code a way to boost trust in the judiciary.

"The code is designed to inspire trust and confidence," with the highest standards in personal and judicial conduct, he said.

He said it also will give the Judicial Conduct Board and the Court of Judicial Discipline, the bodies that impose discipline on judges for misconduct, guidance on how to act in specific cases.

"The (new rules) form a very clear road map" for the board and court, Heinz said.

Baldwin said public confidence in the courts requires such measures.

"It's tremendously important that a judge be fair and impartial," he said. "(People) need to feel that their cases are being judged fairly and impartially."

Police log, Jan. 16, 2014

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Hamburg man

escapes injury

HAMBURG - A borough man escaped injury after losing control of his vehicle and striking an embankment at 12:04 p.m. Saturday on Circle Road, just east of Dreibelbis Road, Greenwich Township.

State police at Hamburg said Andrew D. Shirk, 35, was driving a 1993 Chevrolet Astro west on Circle Road when he lost control on the ice-covered roadway and struck the embankment on the south side of the road, causing the vehicle to roll onto its passenger's side.

Police said Shirk was not injured and he was wearing a seatbelt. Shirk will not be charged.

3rd man sentenced to U.S. prison in Schuylkill Products fraud case

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Romeo P. Cruz, who ran the company Schuylkill Products Inc. used as a front to commit the largest fraud of its kind in U.S. history, learned Wednesday he will go to prison for his role in the scheme.

Cruz, West Haven, Conn., must serve 33 months in a federal correctional institution, plus two years on supervised release following that stint, Senior U.S. District Judge Sylvia H. Rambo ruled.

Rambo also sentenced Cruz to pay $119 million restitution to the U.S. Department of Transportation and $79,450 restitution to the Internal Revenue Service. The sentence will be effective on Feb. 17.

Cruz, the owner of Marikina Construction Corp., West Haven, pleaded guilty in 2008 and 2009 to Disadvantaged Business Enterprise fraud and tax fraud. He is the third person to be sentenced for his role in the fraud perpetrated under the federal DBE program, a scheme that led to the demise of Cressona-based Schuylkill Products.

Federal prosecutors alleged Cruz and Schuylkill Products executives hatched the scheme under which the latter obtained millions of dollars worth of federal contracts to which it otherwise would not have been entitled.

Cruz, a Filipino, owned Marikina, enabling it to be classified as a DBE under federal law and making it eligible to obtain certain construction contracts, according to prosecutors. That, in turn, enabled Schuylkill Products and its subsidiary, CDS Engineers Inc., to use Marikina as a front that let them do the actual construction work, prosecutors said.

Schuylkill Products manufactured concrete bridge beams and other suppliers' products, while CDS Engineers installed them.

U.S. Attorney Peter J. Smith said the fraud lasted more than 15 years and involved more than $136 million in contracts in Pennsylvania alone.

Prosecutors said the companies went to great lengths to conceal the fraud.

Schuylkill Products and CDS Engineers personnel used Marikina passwords, signature stamps, business cards, letterheads and email addresses and covered their companies' logos on trucks with Marikina magnetic placards and decals in efforts to hide what they were doing, prosecutors alleged.

Prosecutors said Schuylkill Products paid a small fixed fee to Marikina in exchange for letting it use its name and DBE status.

Northeast Prestressed Products LLC bought Schuylkill Products in April 2009 for $9.25 million and continues to operate from the same site on Route 901 in Cressona.

On Monday, Rambo sentenced Dennis F. Campbell, Pinebrook, and Timothy G. Hubler, Ashland, to spend 24 months and 33 months, respectively, for their roles in the scheme.

Campbell, Schuylkill Products' former vice president in charge of sales and marketing, also must spend two years on supervised release following his prison term and pay $119 million restitution to the U.S. Department of Transportation, while Hubler, Schuylkill Products' former vice president in charge of field operations, must serve two years on supervised release following his prison term and pay $119 million restitution to the U.S. Department of Transportation and $82,370 restitution to the Internal Revenue Service.

Each man must surrender by Feb. 17 to start serving his sentence.

Campbell pleaded guilty in 2008 to DBE fraud, while Hubler pleaded guilty in 2008 to DBE fraud and tax fraud.

Ernest G. Fink Jr., Orwigsburg, Schuylkill Products' former vice president and chief operating officer, pleaded guilty in 2010 to tax fraud and is awaiting sentencing.

Cruz, Campbell and Hubler each testified against Joseph W. Nagle, Deerfield Beach, Fla., Schuylkill Products' former president and chief executive officer, who was convicted in April 2012 of 26 charges, including wire fraud, mail fraud, engaging in unlawful monetary transactions and conspiracy, resulting from his role in the scheme. Nagle also is awaiting sentencing.


Insects impacting life of hemlock trees in Schuylkill County

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Hemlock trees in Schuylkill County have been suffering from hemlock woolly adelgid for years and there is no end in sight.

Laurie Goodrich, senior monitoring biologist at Hawk Mountain, said that blocks of trees all over the sanctuary have been damaged from the small aphid-like insect that originated in Asia.

"We lost some trees over the years," Goodrich said. "Some of them are hanging on and some of them are doing fine, so it's a mix."

Goodrich said that the damaged trees, which look half-dead this time of year, can be seen along the main trail or at the lookouts.

Susan Hyland, Master Gardener coordinator with the Penn State Cooperative Extension, said that while it has been called a pest since 1987, it was known to be in 33 counties in Pennsylvania in 1973.

She said that pretty much nothing can be done for hemlocks in forests since the insects spread from tree to tree so fast, but if private owners have a small number on their property, they can protect them.

According to Hyland, the insect is easily recognized most of the year by the presence of a dry woolly substance on young twigs, associated with all stages of the adelgid but is most abundant during spring when the egg masses are present. They look like cotton.

There are two generations of hemlock woolly adelgid per year.

Between March and April, adults of the overwintering generation lay 50 to 300 eggs each in a cottony mass.

The nymphs hatch in April and May, settling on the base of the needles where they insert their piercing and sucking mouthparts.

By mid-June, the generation matures and leaves the hemlock in search of another tree.

These insects then lay eggs that hatch in early July, settle on the cottony mass and remain dormant until the middle of October when feeding resumes.

Nymphs feed and develop during the winter and mature by spring.

Hyland said that since only some of these insects have wings, most leave the tree by attaching to other animals, such as birds, so she suggested that people with hemlocks on their property not hang bird feeders as it would only help spread the pests.

To get rid of the growths on trees, property owners can dislodge eggs and crawlers by directing a strong stream of water at infested branches periodically from April through June or clipping heavily infested twigs from branches, although extensive clipping may have undesirable effects on the appearance and health of the tree.

Infested trees should not be fertilized since fertilizing may increase the adelgid population.

One last treatment that Hyland said the extension suggests is using "soft pesticides."

Horticultural spray oil can be applied as a dormant treatment in early April.

Insecticidal soap or horticultural oil are 100 percent effective in controlling hemlock woolly adelgid since they are less toxic and help preserve populations of beneficial insects.

The spray needs to drench the branches completely, so this can't easily be done to large trees and can be expensive.

"You need to treat every year, for the life of you or the tree," Hyland said. "I've been treating three trees in my yard every year."

Information from Hyland also notes that sprays will not remove the white, cottony adult masses at the base of the needles and it is important to continue to monitor each year for egg-laying and crawler stages even if a chemical control is applied.

For more information, call the extension office at 570-622-4225 or email schuylkillext@psu.edu.

Pottsville Area board keeps tax increase an option

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The Pottsville Area School District isn't anticipating a tax increase for the 2014-15 fiscal year, said board President John F. Boran on Wednesday.

But at the board's January regular meeting Wednesday, Boran made a motion to give the board the opportunity to increase the current real estate tax millage of 34 mills by 3 percent.

"Right now what we're saying is we're not going to raise it above that index. We still have the opportunity to raise it. I'm not saying we are. But we can go up to 3 percent, unless we go to a referendum, to the voters, the people of the district," Boran said.

The 2013-14 budget was the district's eighth consecutive budget without a tax increase.

Boran, head of the board's finance committee, made the recommendation Wednesday night.

"It is recommended that the board adopt a resolution pursuant to Section 311(d)(1) of the Special Section Act 1 of 2006 indicating that the Pottsville Area School District will not increase any school district tax for the 2014-2015 school year at a rate that exceeds the index calculated by the Pennsylvania Department of Education," Boran said.

"So moved," board member Cindy Petchulis said.

"Seconded," board member Patrick F. Moran said.

It was carried with votes from Boran and board members Gary A. Cortese, Christina M. DiCello, Linda Grube, Karen E. Rismiller and Charles R. Wagner.

Board Vice President Scott D. Krater was absent from Wednesday's meeting.

Wagner, who is vacationing in Florida, attended Wednesday's meeting via an Internet video projection system.

In other matters, the board hired Jennifer Oakley as a long-term substitute and placed on the "Bachelor's Step 1" salary chart until the return of first-grade teacher Carolyn March in approximately two weeks.

The board also approved the following substitute paraprofessionals, contingent upon receipt of satisfactory clearances: Deborah Herb, Jennifer Singer and Nicole Stevens.

The board also hired Deborah Herb as a part-time transportation aide, contingent on receiving satisfactory clearances.

Because of recent snow days, the board adjusted the school calendar, making April 22 and April 23, regular school days.

In other matters, Pottsville Area Business Manager Stephen C. Curran Wednesday recommended Pottsville Area School Board update a few of its policies.

The board approved the first readings of six.

They included Policy 313, which concerns the evaluation of administrative employees.

Curran said the updates were made to adhere to State Board of Education Regulations - 22 PA Code Sec. 19.1. It was adopted by the Pennsylvania Department of Education in 2013, according to the website for The Pennsylvania Bulletin at pabulletin.com

Updates include:

- The board shall approve plans for regular, periodic evaluations of administrative, professional and support employees consistent with applicable administrative compensation plans, individual contracts, collective bargaining agreements, board resolutions and state law and regulations.

- The board shall be informed periodically about the results of evaluations.

- The superintendent of designee shall develop plans for the evaluation of district employees to be submitted for board approval.

- The board authorizes the superintendent to develop a differentiated supervision model for professional employees in accordance with the Pennsylvania Department of Education's guidelines and in consultation with assistant administrators, supervisors and/or principals.

Pottsville Area School District also held the first reading to update Policy 913, which involves any requests from nonschool organizations, groups or individuals seeking to have students participate in or be informed of opportunities to participate in nonschool-sponsored activities.

When it was adopted on May 13, 2009, the Policy 913 applied to students: "When employees, students or board members act on behalf of a non-school organization or group, or on their own behalf, this policy applies to them."

In March 2013, the U.S. 3rd Circuit Court of Appeals upheld K.A. v. Pocono Mountain School District, a 2011 case involving a fifth grader who was barred by school officials from handing out invitations to a Christmas party at her church.

The court ruled school officials may not censor student expression unless it would lead to a disruption of the school environment or interfere with the rights of others.

The revised policy, unveiled at the board's regular meeting Wednesday, states, "Students are governed by a separate and distinct board policy, Policy 220, regarding student expression and distribution of posting of materials."

According to Pottsville Area's Policy 220, "The Board requires that students who wish to distribute or post non-school materials on school property shall submit them one school day in advance of planned distribution or posting to the building principal or designee, who shall forward a copy to the Superintendent."

Nonschool communications which are prohibited, according to Policy 220, include material which promotes libel of others, danger to students, obscene language or symbolism, advocates violence, disruption of the educational process and violation of administrative regulations.

The board approved the first readings of four other policies which were updated: 121, field trips; 210, use of medications; 210.1, possession/use of asthma inhalers/epinephrine auto-injector; and 702, grants, gifts donations.

The public can view the proposed changes at the Howard S. Fernsler Academic Center, Pottsville.

The updated policies will be given final adoption by the board in February, Curran said.

YMCA aims to raise $75,000 in 2014 campaign

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With a plan to replace the floor of its gymnasium and renovate its locker rooms, the Schuylkill YMCA announced Wednesday it's hoping to raise $75,000 by May.

"It's the first time we've taken on such a large amount. Our annual campaign is typically $15,000. This year, we have the opportunity to match what we raise with a state DCED (Department of Community and Economic Development) grant. All funds will be used for capital improvements here at the Y," Rose Seamon, the Schuylkill YMCA community engagement director, said.

In 2013, the Schuylkill YMCA's annual campaign goal was $15,000, but the campaign only pulled in "about $10,000," Wayne R. Stump, YMCA executive director, said Wednesday.

This year, the Schuylkill YMCA is celebrating its fifth year at its Pottsville headquarters, the former Pennsylvania National Guard Armory at 520 N. Centre St., and it's looking to improve the facility.

"The campaign is called 'Building Tomorrow,' " Seamon said.

What inspired the YMCA to aim high was an opportunity from the state Department of Conservation and Natural Resources, Matthew B. "Bo" Bates, chairman of the 2014 campaign, said.

"We have an opportunity to get a matching grant for the renovations, in which we'll put up an amount and the state will match it. So if we reach our goal of $75,000, DCED will match it to give the Y a grand total of $150,000," Bates said.

"It's part of the DCED Keystone Communities Program," Stump said.

Bates, who resides in Boyertown, Berks County, is the chief executive for Evans Delivery Co., Schuylkill Haven. He and Magisterial District Justice David A. Plachko, Port Carbon, are co-vice presidents of the Schuylkill YMCA Board of Directors.

The president of the board is Tom E. Badger, an insurance agent based in Auburn.

On Wednesday, Badger, Bates, Seamon and Stump discussed the renovation plans.

"The heart of the Schuylkill Y is the gymnasium. From sports to birthday parties to events, the Y gym is the hardest working part of the building," Seamon said.

"Our gymnasium is in dire need of being replaced," Badger said.

"It needs a new floor," Bates said.

"If you go to that basketball court and you're a passionate basketball player and you're bouncing down the court, you might find that all of a sudden there's a dead spot," Badger said.

"Hardwood basketball courts may look shiny and perfect, but they're usually not. Today's hardwood surfaces are pieced together and locked into place. As a result, most courts will have any uneven areas and spots that will be 'dead' when the ball bounces," according to the definition on ehow.com.

The former armory has showers in its men's locker room, but no showers for the ladies, Bates said. The plan is to renovate both locker rooms and add showers in the ladies' locker room.

So far, $27,350 have been pledged toward the "Building Tomorrow" campaign and $12,350 has been received, Stump said.

"The campaign is going to end in May. We're hoping to do the renovations in August and September," Stump said.

Established in 1997, the Schuylkill YMCA had its grand opening at the former Army National Guard armory in Pottsville in May 2009.

A full-service YMCA, it is open daily, has a full-time staff and activities for all ages. This includes a wellness center in the lower level with treadmills and elliptical machines, free weights and weight machines.

It currently has 1,046 memberships and 1,572 members, Seamon said Wednesday.

For more information, visit schuylkillymca.com or call the YMCA at 570-622-7850.

Corrections, Jan. 16, 2014

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Wrong borough name

Mechanicsville Borough contracts with Port Carbon for police protection. It was incorrect in Wednesday's edition.

Information incorrect

Ringtown Mayor Albert R. Breznik Jr. was sworn in on Dec. 23 by Magisterial District Judge Anthony Kilker at his Shenandoah office. The magisterial district judge, date and location were incorrectly reported in Wednesday's edition.

Name incorrectly spelled

Stacey Lynn Leatherwood, Middleport was charged by state police at Frackville after a domestic incident at a home at 10 Kaska St. on Monday. Leatherwood's name and address were incorrect in Wednesday's edition.

Births, Jan. 15, 2014

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Geisinger Medical Center, Danville

To Matthew and Caroline Wabby Barnhart, Pottsville, a daughter, Jan. 2.

FAMA board formally adopts 2014 budget

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FRACKVILLE - The Frackville Area Municipal Authority Board of Directors formally adopted its 2014 operating budget at Wednesday's meeting.

The budget holds the line on the sewage service fee at $112.50 per quarter. The service fee was increased in 2013 from $90.

The 2014 budget includes projected income of $1,848,803 in 2014, with projected expenses of $1,833,900, leaving a surplus balance of $14,903. By comparison, the 2013 budget had income estimated at $1,618,153 and expenses estimated at $1,599,700, leaving a balance of $18,453.

A budget breakdown of expenditures for this year are:

- Operations expenses: $793,600 ($630,500 in 2013). The larger line items in this category are wages ($75,000), workers compensation ($6,000), equipment rental ($12,000), engineering fees ($50,000), health benefits ($9,000), stone ($10,000), street restoration ($70,000), collection system repairs ($125,000), capital outlay operations ($75,000), liability insurance ($18,000) and M&T Bank financing payments ($314,000).

- Administrative expenses: $217,900 ($167,900 in 2013). The larger line items are salaries ($65,000), board of directors salaries ($4,500), computer service ($12,000), health benefits ($9,000), financial audit ($7,000) and capital outlay administration ($70,000).

- Sewage plant expenses: $822,400 ($801,300 in 2013). The larger line items are salaries ($92,000), pump maintenance ($50,000), supplies ($35,000), electricity ($110,000), natural gas-heating ($20,000), licenses/fees/permits ($15,000), plant chemicals ($20,000), lab testing ($35,000), health benefits ($53,000), repairs and improvements ($150,000), biosolids disposal ($35,000), capital outlay plant ($80,000), PENNVEST payment ($50,000) and M&T Bank 2012 loan ($43,000).

In another financial matter, the FAMA board approved the monthly billing in 2014 to the State Correctional Institution-Frackville at $33,621.51, which is increased from $20,600 per month in 2013. The rate the state prison pays is determined on the percentage of sewage/wastewater released into the distribution system as compared to the overall treatment total.

"This is higher than what we charged them last year, and it's due to the fact that their flow is up and our flow is down because we took care of some of the problem areas in the system," FAMA office manager Rhonda Frantz said. "They (prison) will get a letter after this meeting - like they do every year - that this is what they are going to be charged."

The annual election of officers was held at the beginning of the meeting. New board member Paul Klevis was welcomed to the board. He replaces Delmar Phillips, who was not reappointed in December by Frackville Borough Council.

The votes for board officers kept the status quo. The board will continue with William Rhoades as president, Carl Pyzowski as vice president, David Gera as treasurer and James Flail as secretary. Klevis was elected as assistant secretary/treasurer.

The board voted to retain Paul Domalakes as solicitor and Entech Engineering Inc., Pottsville, as consulting engineer.

District Court, Jan. 16, 2014

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Stephen J. Bayer

TAMAQUA - A borough boy charged with robbing the Turkey Hill Minit Market in Tamaqua on Sept. 23 had charges against him held for court during a preliminary hearing before Magisterial District Judge Stephen J. Bayer.

Christian M. Roberts, 16, of 450 Biddle St., was arrested by Tamaqua police Cpl. Dwayne Hacker and charged with three felony counts of robbery as well as misdemeanor charges of unlawful restraint, terroristic threats, prohibitive offensive weapons, theft, receiving stolen property and simple assault.

Bayer determined the Commonwealth proved a prima facie cases and ordered all charges against Robert be held for Schuylkill County Court.

Hacker charged Roberts with entering the store about 2:30 a.m. wearing a trench coat and mask. He then pulled out a knife and demanded money from the clerk and fled with $86 dollars, Hacker said.

Roberts was taken into custody a short time later and found with the knife in his possession and still wearing the trench coat and ski mask, Hacker said.

The clerk at Turkey Hill positively identified Roberts as the robber and said he told her after receiving the money, "Thank you, now I can feed my family."

Other court cases included:

Matt Reabold, 25, of 248 E. Patterson St., Lansford - waived for court: possession with intent to manufacture or deliver a controlled substance, possession of a controlled substance and criminal use of a communications facility.

Timothy H. O'Brien, 25, of 272 Third St., Coaldale - held for court: forgery, theft by deception and receiving stolen property.

Sean A. Scott, 37, of 412 Washington St., Tamaqua - waived for court: forgery, theft by deception, receiving stolen property and theft.

Brandy Kern, 40, of 36 W. Blaine St., Apt. 2B, McAdoo - withdrawn: open lewdness and disorderly conduct.

Ferdinand Savani, 25, of 1174 Ferris Ave., Berwick - waived for court: DUI, DUI-high rate and turning movements and required signals.

Wayne Mobley, 49, of 63 Hunter St., Apt. 2 Rear, Tamaqua - waived for court: DUI, no headlights and displaying a plate card in an improper vehicle.

Kevin L. Moore Jr., 32, of 540 W. Bacon St., Pottsville - dismissed: simple assault, harassment and disorderly conduct.

Percy Brown, 32, of 32 E. Elm St., Tamaqua - dismissed: simple assault and harassment.

Tara N. Kelly, 26, of 661 John O'Hara St., Pottsville - waived for court: retail theft, fleeing or attempting to elude police, disorderly conduct, failure to stop at a red traffic signal, failure to carry a driver's license and turning movements and required signals.

Anthony Morales, 21, of 585 McKinley St., Hazleton - held for court: criminal mischief and disorderly conduct.

Raymond C. Mayers, 26, 145 W. Phillips St., Apt. 1, Coaldale - dismissed: simple assault and harassment.

Mark W. Updike, 52, of 446 Lake Drive, Nesquehoning - waived for court: DUI, DUI-highest rate, DUI-controlled substance, acquiring or obtaining a controlled substance by misrepresentation, restrictions on alcoholic beverages, failure to keep right, disregard for single traffic lane and public drunkenness.

William J. Ciccone, 40, of 227 Second St., Coaldale - withdrawn: simple assault and harassment.

Krystal M. Ogilvie, 31, of 192 Faith Drive, New Ringgold - waived for court: retail theft and receiving stolen property.

Jillian Bartholomew, 20, of 108 Snyder Ave., Tamaqua - dismissed: disorderly conduct, public drunkenness and purchase of alcohol by a minor.

Wendy L. Garrity, 29, of 332 E. Ridge Terrace, Coaldale - waived for court: retail theft, conspiracy, theft and receiving stolen property.

Sahara Welfel, 22, of 150 Second St., Coaldale - held for court: theft and receiving stolen property.

Michael Keiffer, 30, of 52 Fifth St., Coaldale - held for court: theft and receiving stolen property.

Carman Cara, 46, of 30 Centre St., Kelayres - waived for court: DUI, DUI-high rate and turning movements and required signals.

Anthony T. Grega, 19, of 51 La Mesa Drive, Hazleton - withdrawn: not using low beams. Waived for court: DUI-minor, illegal turn and purchase of alcohol by a minor.

Stanley R. Boris IV, 24, of 26 James St., Kelayres - withdrawn: improper sun screening. Waived for court: DUI and DUI-highest rate.

Kevin L. Cooney, 29, of 301 W. Coal St., Shenandoah - held for court: retail theft and receiving stolen property.

Andrew L. Moll, 22, of 15 Dew Drop Drive, Jim Thorpe - waived for court: DUI-controlled substance, possession of marijuana, possession of drug paraphernalia and no rear lights.

William G. Manness Jr., 32, of 409 W. Broad St., Apt. 8, Tamaqua - held for court: criminal trespass and criminal mischief.

Marion Davis, 55, of 562 Pine Creek Drive, Barnesville - withdrawn: receiving stolen property. Waived for court: driving without insurance and fraudulent, altered or counterfeit title, registration or insurance.

Kristina M. Martin, 19, of 311 Clark St., Tamaqua - waived for court: theft, receiving stolen property, theft by deception and theft by failure to make required disposition of funds.

Ashley M. Kern-Wagner, 22, of 240 Orwigsburg St., Tamaqua - waived for court: theft and receiving stolen property.

Matthew R. Taylor, 20, of 670 Faith Ave., Orwigsburg - waived for court: retail theft and receiving stolen property.

Nancy M. Kolasensky, 40, of 128 Mahanoy Ave., Tamaqua - waived for court: conspiracy, retail theft and receiving stolen property.

Tori Wilson, 29, of 4 Wiggan St., New Philadelphia - withdrawn: receiving stolen property. Waived for court: identity theft, theft and possession of drug paraphernalia.

David A. Plachko

PORT CARBON - A Mahanoy City woman charged with stealing items from Sears at the Schuylkill Mall in New Castle Township on Nov. 28 waived her right to a preliminary hearing before Magisterial District Judge David A. Plachko.

Autumn J. Williams, 24, of 87 S. Catawissa St., was arrested by New Castle Township Patrolman Bryan Dronick and charged with one count each of retail theft and receiving stolen property. By waiving her right to a hearing, Williams will have to answer to both charges against her in Schuylkill County Court.

Dronick charged Williams with stealing a Dewalt jigsaw kit valued at $99.99; a Kenmore 500-Watt blender valued at $49; Craftsman bimetal jigsaw blades valued at $10; Craftsman jigsaw blades valued at $8.99; and a nail set valued at $2.

The total value of the items taken was $171.96, Dronick said.

Other court cases included:

Raymond Bruen, 45, of 302 S. Second St., Saint Clair - waived for court: retail theft.

Kimberly Ann Minor, 39, of 710 Seneca St., Pottsville - waived for court: retail theft.

Raven L. Negron, 23, of 409 W. Market St., Mahanoy City - waived for court: retail theft.

Samantha V. Frye, 29, of 85 S. Catawissa St., Mahanoy City - waived for court: retail theft and receiving stolen property.

Amber L. Franz, 23, of 20 Wheeler St., Pottsville - held for court: retail theft.


Coaldale couple acquitted of operating kennel unlawfully

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by peter e. bortner

Coaldale officials did not prove a borough couple operated a kennel in violation of the zoning ordinance, a Schuylkill County judge ruled Thursday.

Robert A. and Bethany Bachert are not guilty of violating the ordinance, Judge James P. Goodman ruled after a 45-minute hearing.

Zoning Officer Peter A. Sachon had charged the Bacherts with operating the kennel on June 20, 2013, at 1 Bull Run St.

"There were several dogs running around the property," Sachon testified.

Sachon, the only witness who testified at Thursday's hearing, said a kennel is not permitted on the property, which is zoned R-1 Residential.

"R-1 zoning is for residential use only," he said when questioned by borough solicitor Michael S. Greek, Lansford.

Furthermore, state records show the Bacherts have a kennel on the property, and the county court had ruled the same way in a 2007 zoning case, Sachon said.

However, when cross-examined by Andrew B. Zelonis, Barnesville, the Bacherts' lawyer, Sachon said he did not enter the property to check on the exact number of dogs on it, although he said he believes there are eight.

Goodman said the lack of specific evidence about the property in 2013 was crucial.

"Why not go on the property and inspect the property?" he asked Sachon. "You have to get on the property."

Magisterial District Judge Stephen J. Bayer, Tamaqua, had found the Bacherts guilty on Sept. 25, but the defendants appealed that ruling on Oct. 23.

Gillingham approves Internet protection policy

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The Gillingham Board of Trustees approved a Children's Internet Protection Policy on Thursday upon the condition that the student email addresses are changed to not contain personally identifiable information.

Board Treasurer Lori Quinn said the email addresses contain the students full name and that a student who did not previously have an Internet presence now does when searching their name.

Quinn said the email addresses need to be changed, such as using some sort of code to identify each student. Currently, if found, the email address gives the student's name and where they go to school.

According to a previous story, the students use Google Chomebook laptops that utilize Google services and every student who uses it has an account that provides access to things such as Google Docs, Gmail and other Google Chrome apps.

Students were said to only be able to email anyone in the Gillingham community and share any documents with their classmates.

In other business, the board also approved a revised employee handbook.

Nicholle Hutchinson, director of education and chief executive officer, also informed the board that a squash club was started Wednesday and that a videographer is helping to create a video about the charter school so people can learn more about what Gillingham is like.

Our Haven Foundation seeks state grant

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SCHUYLKILL HAVEN - The borough council gave approval for Our Haven Foundation to submit a grant request to the state Department of Community and Economic Development for facade improvements.

"We're asking for $45,000," Mark Machamer, an OHF board member, said.

Borough Manager Scott Graver said he reviewed the application.

Machamer said some property owners in the borough said they would like to participate, but applications can't be filled out until the approval is given by DCED.

The following areas in the central business district would be included: Main Street from Margaretta Street to Columbia Street, Saint Peter Street between River and Union streets, and Saint John from River to Union.

"We haven't been approved yet. We have to submit an application online," Machamer told the council.

Approved applicants would be responsible for 50 percent of the cost of the improvements and would receive up to $3,000. Renters can apply with approval of their property owner, Economic Development Director Carl Berger said. All funds would go to the improvements.

Applicants would have to meet criteria listed by the OHF board design committee and must comply with all borough zoning and codes regulations.

The OHF will most likely submit the application this month, Berger said. He did not have a date when they would receive a reply.

In other news, Jerry Bowman and Tom Gordon were sworn in for two-year terms on the borough council. They were appointed by the council after council President Marlin Berger Jr. and Kurt Montz gave up two-year seats having each also won a 4-year term.

The council also voted to petition the county for a judicial sale on a rundown property at 750 N. Garfield Ave., which would remove liens, or money owed, on the property. Montz said the property has been in disrepair for years.

"It's been empty a long time," Graver said, adding the property has not had taxes paid on it in some time.

"If we wish to petition the county for a judicial sale, we have to ask the county," he said.

The next judicial sale is in the spring.

The council also approved fundraising events for the Island Commission. Five people were approved for the Island Commission: B.J Evans, Gloria Ebling, Sandy Hess, Charlie Kerschner and Lee Llewellyn. Each person will serve a three-year term.

Ruth Tucci, a council member, reminded everyone in attendance about the free health fair that will be held from 2 to 5 p.m. Jan. 25 in the neighborhood center, 340 Haven St.

The event will feature free flu shots for adults 18 and older, healthy food, vision screenings for adults and children. The snow date is Feb. 8.

Also, from 10 a.m. to 2 p.m. April 12 there will be an electronic recycling event in the borough at the Compost Site on Saint Charles Street. For more information, call borough hall at 570-385-2841 or Advanced Green Solutions, 610-767-2577.

Births, Jan. 17, 2014

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Schuylkill Medical Center-South Jackson Street

To Daniel P. and Theresa M. Lenahan Cook, Pottsville, a daughter Dec. 15.

To Kevin and Jessica Witherow Geary, Pine Grove, a daughter, Dec. 19.

Shenandoah assault hearings continued

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SHENANDOAH - Preliminary hearings for three men charged with an assault in Shenandoah on Sept. 20 were continued Thursday.

Shenandoah police Patrolman Travis Bowman charged Francis Layton, 23, of 28 Walnut St., Ringtown; Matthew J. Bagdonavicius, 20, of 53 E. Arch St., Frackville; and Anthony Hernandez, 38, of 135 N. Catherine St., Shenandoah, for their roles in the assault in the first block of North Main Street about 11:15 p.m.

Layton was charged with aggravated assault, conspiracy to commit aggravated assault with a deadly weapon, simple assault, harassment and disorderly conduct while Bagdonavicius was charged with conspiracy to commit aggravated assault with a deadly weapon, possession with intent to manufacture or deliver a controlled substance, possession of a controlled substance, possession of drug paraphernalia.

Hernandez is charged with aggravated assault, simple assault, harassment, disorderly conduct and terroristic threats.

All three men must appear for their hearings at 1 p.m. Feb. 20 in Kilker's Shenandoah courtroom.

Bowman said that on Sept. 20, seven people were standing outside 20 N. Main St. when a white sedan drove up and two men, Nelson Rivera and Hernandez, got out. Rivera began to argue with Jesus Santos. A witness, Glen Patterson, said he got between the two men but Rivera punched Santos and the two began to fight.

Bowman said Patterson reported he saw Bagdonavicius get out of the car and give a handgun to Layton who then handed it to Hernandez.

Hernandez walked toward Santos and Rivera who were still fighting and pulled the gun out, Bowman said.

At that time, the officer said Patterson said he and another man tried to break up the fight but Hernandez pointed the weapon at him and said he would shoot him if he did not stay away.

When Patterson said he went to call police, Rivera, Hernandez, Layton and Bagdonavicius got into the car and drove off.

Bowman said he found the vehicle a short time later and took Bagdonavicius, Hernandez and Rivera into custody.

Bagdonavicius was found with a digital scale and a plastic sandwich bag containing marijuana, Bowman said.

At the police station, Bowman said Rivera was interviewed and said he and a man named "Frannie" went to the area to confront Santos about spreading rumors about him beating his wife. Rivera said Santos "sucker punched" him and the fight ensued.

When asked if Hernandez and Bagdonavicius were with him, Rivera said he could not remember because of being punched, Bowman said.

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