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Kessler signs deal to resign, has reality show in works, PennLive reports

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GILBERTON — Officials here and their controversial police chief signed an agreement Thursday that ends his affilation with the borough, PennLive reports, addding that Mark Kessler could soon be appearing in a reality show.

The PennLive story quoted Mayor Mary Lou Hannon, who said a confidentiality clause prevents her from providing the terms of the agreement.

Kessler, 42, had been suspended without pay since July 31 for using borough automatic weapons in videos without permission.

His reaction to the settlement that was reached amicably: “It is what it is. Things could have gone a little smoother,” he told PennLive.

He has signed a contract with a national production company to appear in a reality show, but he said he could not provide details about his role, the story said.

“I’m looking forward to a new career in the entertainment field,” he was quoted.


Gilberton, Kessler settle at $30K

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GILBERTON - Suspended borough police chief Mark Kessler and borough officials have reached a settlement agreement that will pay Kessler $30,000 and considers him "separated from his employment and voluntarily retired."

The agreement was signed at 4 p.m. Thursday in the office of attorney Joseph P. Nahas, Frackville, who represents Kessler.

In addition to Nahas, others in attendance were Kessler, Mayor Mary Lou Hannon, borough council president Daniel Malloy and attorney John G. Dean with the law firm of Elliott Greenleaf and Dean, which served as the borough's special counsel in the Kessler matter.

When contacted Friday, Hannon said the settlement precludes any comments from borough officials, Kessler and the attorneys.

"All I can say is that it has been amicably resolved," said Hannon.

When asked about Thursday's settlement, Kessler, 42, said he was bound by the confidentiality clause in the agreement not to speak about it.

Nahas said the negotiations were professional.

"Chief Kessler, who had served the community for 13 years, was at the point that he felt he wanted to settle the matter so as not to be a burden on the public he swore to serve and protect," he said. "We went into negotiating an agreement. We came to terms with the borough. I think the both parties conducted themselves in an exemplary manner. It was a good, amenable and cordial process."

Reality show

Kessler, 42, a former coal miner who has spoken at gun-rights rallies around the country, said Friday he has signed with a production company to star in his own, as-yet-untitled, reality show. He said it will focus on his life and his efforts to start a militia-style group.

"I signed with Relativity TV two days ago. We're going to develop some kind of a show right now. The working title is 'The Chief Kessler Project.' We'll be moving forward on that. It's going to be interesting," he said.

According to an article written by Michael Rubinkam of The Associated Press, Kessler said the show is "gonna be good."

"It's gonna be a different side of me," he said. "I'll knock 'Honey Boo Boo' out of the water."

Borough weapons

The controversy involving Kessler began last year in mid-July when he posted two homemade videos to YouTube.com that showed him firing automatic weapons and using profanity while opposing a United Nations treaty on arms regulation and the support of the treaty by the Obama administration.

On July 31, borough council suspended Kessler for 30 days without pay due to his alleged use of borough weapons without permission in the videos. Kessler has repeatedly said that he donated the weapons to the borough and had the right to use them without permission from any borough officials. When the 30 days was up, borough council extended the suspension indefinitely. Kessler entered into an employment contract Dec. 20, 2010, with Gilberton to serve as chief of police for a term of five years.

Borough council was also considering Kessler's termination as police chief. As per his rights under the state's Police Tenure Act, he demanded a public hearing. The hearing was held Oct. 10 at the borough building. The hearing lasted about 90 minutes, and only one person was examined and cross-examined. It ended when someone dropped a semi-automatic pistol on the floor. The handgun did not discharge, but the hearing was suspended. The continuance of the hearing was not held.

Agreement stipulations

The 12-page agreement between Gilberton Borough Council and former chief of police Mark Kessler includes the following stipulations:

- The borough will pay to Kessler a total of $30,000 to be distributed in the following manner: $7,000 as a first payment on a mutually agreed date, followed by 11 payments of $1,000 each mailed to Kessler on the third Friday of each month, followed by eight payments of $1,500 each on the third Friday of each month.

- Kessler withdraws his demand for a public hearing and will discontinue all legal efforts concerning Peter Santilli and the alleged non-licensed use of radio program material.

- Gilberton will not challenge any attempt by Kessler "to obtain unemployment compensation or any other lawful form of welfare pursuant to a social entitlement program, and, to the extent necessary and possible, the parties will consider and regard Mr. Kessler as separated from his employment and voluntarily retired."

Kessler must abide by the following "Special Terms" in order to receive the installment payments:

- Kessler cannot initiate any contact (written or spoken communications) with past and present members of Gilberton Borough Council, borough mayor and employees and their respective family members. He cannot attend in person any Gilberton meetings and cannot remark publicly though social media forums and broadcast media information regarding the settlement agreement or about any former, current and future Gilberton officials, whether elected, appointed or duly employed, regarding the settlement agreement.

- At the time of the first payment, Kessler must return all items of borough property in his possession (Mopec card, police car keys, badge, uniforms and other items). At that time, Kessler will receive any personal possessions in the borough's possession.

- If Kessler fails to adhere to any of the "Special Terms," from "the date this settlement agreement is executed until the end of time," it will be constituted as a breach of the agreement and Gilberton will have the right to cease making payments and have the right to demand Kessler refund to the borough any payments already made to him.

- The borough must make payments on time and in full. If it fails to do so, Kessler has the right to reinstate all actions against the borough, Gilberton will waive applicable statute of limitations defenses in such an event and Kessler has the right to demand a lump sum payment of all remaining payments.

- In consideration of the $30,000 settlement, Kessler "releases and forever discharges Gilberton and all of its predecessors, successors, affiliates, employers, past and present employees, officers, commissioners, councilpersons, mayors, etc...claims, counterclaims, demands, debts, liabilities, accounts, damages, reckonings, obligations...whether known or suspected, unknown or unsuspected, anticipated or unanticipated, direct or indirect, fixed or contingent, which exist, may exist or have existed from the beginning of the world until the date of the settlement agreement. In turn, the borough releases Kessler from all of the same conditions.

- Each party "warrants that from this date forward, he/she/they/it will not make any comments, public or private, regarding this settlement agreement, including the amount of the settlement, other than the matter has been amicably resolved."

- Kessler has 21 days from the date he receives a copy of the settlement agreement to consider entering into it. He also has the right to revoke the agreement within seven days of its execution by submitting a written notice of the revocation to attorney Dean. The settlement agreement will not become effective or enforceable until the expiration of the seven days.

Minersville man urges safety after dog is killed by falling ice

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MINERSVILLE - A borough man called the (Pottsville) Republican-Herald Thursday to warn about the dangers of falling ice after one of his dogs was killed.

Irvin Umberger, 232 Pine St., said his wife left their pug and Yorkshire terrier mix, both about 10 years old, outside as usual Thursday morning. Usually, a few minutes later, they scratch at the door. However on Thursday, the pug scratched at the door, but the yorkie was about 10 feet away and wouldn't come to the door.

A piece of ice fell off the third floor roof and hit and killed the dog, Umberger said.

"I think it would be a good idea to let people know, so they are aware of what ice can do their pets," he said.

Two charges dropped in alleged gun fight between teen, officer

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CHAMBERSBURG - Two of four attempted homicide charges were dropped this week against Sean Patrick Sellers, 16, of Mifflinburg, who is accused to firing a pistol at a state policeman Jan. 26 during a traffic stop on I-81 in Franklin County.

The Daily Item reported Sellers, who appeared at a preliminary hearing Wednesday before Magisterial District Judge Kelly Rock, now faces single counts of criminal attempted homicide and attempted homicide of a police officer.

Steve Rice, of Gettysburg, the attorney who is representing Sellers, plans to file a motion to transfer the case to juvenile court. He said that although Sellers did "something stupid," the boy never intended to kill Trooper Michael Quinn.

When Quinn pulled Sellers over for not driving a car within its lane, the youth allegedly pulled out and fired a .22-caliber pistol. The trooper went behind the vehicle, and he and Sellers exchanged gunfire. Neither was hit. Sellers tossed the gun out the window and surrendered.

Sellers is in Franklin County Jail.

Shamokin has interim city clerk as 10 apply for permanent job

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SHAMOKIN - Ten applicants are seeking to become Shamokin's next city clerk, a position filled this week on an interim basis.

The applications were received by the Wednesday deadline. They could be reviewed by city council during an executive session at a special meeting to be held at 6 p.m. Monday, Mayor William D. Milbrand said Friday.

Shamokin is enrolled in the Early Intervention Program monitored by state Department of Community and Economic Development (DCED). Department officials have asked and will be allowed to sit in on applicant interviews, Milbrand said.

The position was vacated following the resignation of Steve Bartos earlier this month.

In the meantime, Ed Zack, of Susquehanna Group Advisors, Harrisburg, began his appointment as interim city clerk Tuesday.

Susquehanna Group Advisors was hired through the Early Intervention Program. Milbrand said the financial management and consulting firm will be paid with state grant funding.

"The fact that we have (Zack) in there and actively working as city clerk, that gives us a little time to make sure we make the right choice. We don't have to rush out and hurry up," Milbrand said.

Zack is a Marion Heights resident and former employee of Northumberland County.

A resolution is expected to be amended by council Monday to add additional funding to the Early Intervention grant, Milbrand said.

Clyde "Champ" Holman, DCED deputy secretary, and other department staff met with city officials Thursday regarding the city's progress in the program as well as its continued pursuit of a $800,000 loan to pay off unpaid bills accrued through 2013.

Milbrand said DCED is pleased with the city's progress and that "they're monitoring everything we're doing very closely."

Representatives of Miners Bank also met Thursday with city officials. The Schuylkill County bank, as well as Susquehanna Bank, are considering authorizing the loan.

As for 2014, Milbrand said all current bills have been paid.

Eagle Sign Co. collapse could be Dubbs deja vu in Kulpmont

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KULPMONT - The roof on a former factory at 13th and Oak streets collapsed Friday, and officials are worried they'll be stuck with another hefty demolition bill.

An excavator was tearing away teetering portions of the former Eagle Sign Co. throughout the day Friday and is expected back today.

"We are hoping there is some emergency blight money available, because this could be expensive," Councilman Joe Winhofer said at the scene Friday morning.

Code Enforcement Officer Russ Moroz said it's reminiscent of the case of David Dubbs' Chestnut Street home, which was gutted by fire and razed by the borough because it posed a danger. Dubbs wasn't insured and had no means to pay for the cleanup, so citations piled up to $83,000. He finally gave in to the borough's request to sign over the property.

"I spoke with the owner this morning and he is claiming he has no money and will be declaring bankruptcy," Moroz said of the Eagle building. "We could be on the hook for this one."

'Wall of shame' owner

The two-story cinder-block building, which takes up half of a block along 13th Street between Oak (an alley) and Chestnut (Route 61) streets, has been home to a number of businesses besides the sign company. It was a bowling alley, garage, bike shop and knick-knack store.

Moroz reported the building and lot are owned by Thomas Valeiko, of Commack. N.Y., who owns several properties in the borough and had once appeared on Coal Township's "Wall of Shame" for dilapidated properties.

Neighbors reported hearing a crash about 5 a.m. and then, at dawn, seeing about half of the roof had collapsed into the structure. Some blocks from a side wall fell onto a box truck parked beside the building, smashing the windshield and denting the roof of the cab and box. The truck is also believed to be owned by Valeiko.

For short periods, traffic was rerouted off Route 61 between 12th and 13th streets to allow room for fire apparatus and an excavator.

Mayor Bernie Novakoski and several borough council members met with Shamokin contractor Robert Gusick at the scene and agreed to a contract to have him take down the second story.

"We should be OK with the first floor because that roof is concrete and steel beams," said Winhofer, who once worked in the building. "We just want to get that the top down for safety purposes."

Tensions rise

Before Gusick had his equipment at the scene, Benjamin Britton arrived, hoping to remove the boat and trailer he had parked beside the building on Oak Street.

"If the building comes down on my boat, who is going to pay for that?" Britton said to nearby firefighters.

"Listen, right now, we are checking into it and my concern is your safety ... if more of this building comes down," responded Ray Siko, assistant borough fire chief. "Hold on one second."

After a few minutes, Britton pulled the boat and trailer, with two flat tires, out of the lot and down Oak Street to safety.

Concern for neighbors

No damage was apparent on the Chestnut Street side of the building, but the wall was bowing out on the Oak Street side. With wind and rain in the forecast, officials were worried about the back roof collapsing further and sending walls crashing onto the street or onto adjacent houses and yards.

Around noon, work began on the emergency demolition. Before Gusick began using the excavator, he, rescue workers and borough officials placed sheets of plywood on the roof of a neighboring garage to prevent damage.

A borough backhoe was brought in to remove debris from the alley after the portion facing Oak Street was down. Gusick then maneuvered the excavator into the alley and was careful to push the wall back into the collapsed building instead of into a neighboring garage and yard.

Novakoski said crews will be back today to tear down the rest of the second floor.

"It's a safety hazard. We might as well tear it down now, rather than take the time to condemn it and have it sit here doing nothing," Novakoski said. "We have to protect those affected by this."

The recommendation for a second day of work came from Gusick, Moroz said.

"What they are looking to do is create a bit of a landing for their equipment to bring down the rest of the wall into the building.

Neighbor out for night

Moroz said the owner of a neighboring structure, Stacy Politza, 1265 Chestnut St., was asked to leave her home for the night as a precaution. He said she'd be staying with family overnight.

"It should only take one day to get this wall down safely and keep the other homes from suffering any damage," Moroz said.

Novakoski said a number of vacant buildings could meet the same fate soon.

"There are several buildings that are a hazard in Kulpmont," Novakoski said. "It's about time that we put pressure on these building owners to get their properties either cleaned up or torn down."

(Staff member Mike Staugaitis contributed to this report.)Bob "Beans" Gusick uses his excavator to bring down the facade of the former Eagle Sign Company facing Oak Street down in Kulpmont.

(2/21/14)

Mt. Carmel Borough garage step closer to being demolished

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MOUNT CARMEL - Two properties, including the borough garage, are one step closer to being demolished.

Bids for demolition were awarded by unanimous borough council consent Thursday to Rutledge Excavating, Tyler Hill, for $21,440 for the garage located on Oak and Seventh streets, and $9,700 for a fire-damaged property at 244 E. Second St.

Rutledge was also awarded the bid for asbestos testing, abatement and removal at the borough garage for $1,780.

The garage is beyond repair, according to Mike Brinkash, of Brinkash & Associations, Ashland, after two unofficial inspections of the building. Brinkash only looked around the building as a favor to the borough, and said they would waste their money getting a full engineer's report.

The Second Street property, destroyed in a Nov. 8, 2012, fire, has held up the demolition of properties at 246 and 248 E. Second St. due to an ownership dispute. The issue spilled over into a legal battle, and the borough assumed ownership of the property in December, settling the matter.

Contractor worried

Ferdinand Diminick, a contractor from Danville, asked council members Thursday if they were confident Rutledge wasn't underbidding the garage project.

Diminick said he had originally bid $23,700, but changed it to $50,000 after closer inspection.

He said he's confident no one could perform the job at such a low bid, and he wondered what would happen if Rutledge couldn't finish the job.

"This isn't an auction," solicitor William Cole said. "We cannot have a situation where we're rebidding without rebidding."

The borough will review the insurance and contract to determine whether it is adequate, he said.

Borough resident Ed Fegley, a former borough code enforcement officer, questioned council member's plan to raze the structure, asking if they were putting the "cart before the horse" in tearing the garage down.

"An engineer said tear the building down. I don't know why we would second guess him," President Tony Matulewicz said.

The decision wasn't rushed, Councilman Clem Plisiewicz, noting council has been discussing it for at least four years.

Mayor Philip "Bing" Cimino, who has been an advocate of taking a second look at the building, said he still has mixed emotions about tearing it down.

Daughter concerned

Ranshaw resident Susan Grow, on behalf of her mother Lillian Mae Mirarchi, of 250 E. Second St., told the borough she was concerned that her mother's house would not be affected by the demolition of 244-248 E. Second St.

Mirarchi's house was damaged in the same fire.

"I'm frustrated that the process took so long," Grow said. "My mom played by the rules."

Matulewicz explained they had to find Mark Jackson, owner of 244 E. Second St., before they could take any action. It wasn't settled until recently.

While the borough is contracted with Rutledge to tear down 244 E. Second St., that structure does not touch Mirarchi's house.

Diminick is contracted privately to tear down 246-248 E. Second St. Those do touch her house, meaning Grow's concern would be with him.

Therefore, it's a "civil matter and not borough responsibility," Matulewicz said.

Diminick and Grow exchanged information at the meeting.

In other business, council approved:

- The resignation of John Bucanelli from the Mount Carmel Municipal Authority, and the advertisement to accept resumes for the open position.

- The appointment of borough manager Edward T. Cuff III as treasurer effective March 1. He will be assuming the duties from Megan Janolek, who will be working primarily as Lower Anthracite Transportation System (LATS) executive director. The treasurer position comes with an annual $1,500 stipend.

Native son of St. Michael's returns as celebrant

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MOUNT CARMEL - The Very Rev. Daniel D. Ressetar, pastor emeritus of Christ the Saviour Orthodox Church, Harrisburg, a retired U.S. Air Force chaplain and the former dean of the Frackville Deanery of the Orthodox Church in America, will be the guest celebrant of the Divine Liturgy at 9 a.m. Sunday at St. Michael's Orthodox Church, 131 N. Willow St.

He is a son of the Right Rev. Dimitri Ressetar, a native son of the parish, who read and sang at St. Michael's more than 100 years ago before he left to study for the priesthood. He will be accompanied by his grandson, Dimitri, who will assist in the altar and read the Epistle lesson.

Following the services, a half-hour educational session will be presented to help prepare the faithful for the upcoming Lenten period.

At the fellowship hour, light refreshments, including sandwiches, will be served. Everyone is invited.


College News: IUP dean's list

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INDIANA, Pa. - Several area students have been named to the fall dean's list at Indiana University of Pennsylvania.

Students achieve dean's list status when they are full-time students (12 or more credits) with a grade-point average of 3.256 or higher.

Dean's list students and their majors and degrees they are seeking are:

Elysburg

- Kayla Marie Bobber, Bachelor of Science in interior design.

- Jonathan Thomas Harlow, Bachelor of Science in management/entrepreneurship and small business.

- Monica Christianne Manney, Bachelor of Science in nursing.

- Abby Nicole Menefee, Bachelor of Science in nursing.

Herndon

- Brady Scott Renn, Bachelor of Science in finance.

Mount Carmel

- Matthew Charles Altomare, Bachelor of Science in Education in music education.

- Marisa Ann Montgomery, Bachelor of Science in nursing.

Paxinos

- Brett Andrew Duell, Bachelor of Science in chemistry.

Shamokin

- Samantha Zlotorzynski, Bachelor of Science in nutrition/dietetics.

Sunbury man used outdated receipt in attempted theft, police said

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COAL TOWNSHIP - A Sunbury man tried to fool a Walmart employee with an outdated receipt while trying to steal more than $1,000 in merchandise, police said.

Township police patrolman David Sage charged Aaron McAfee, 33, of 67 Memorial Acres, with a misdemeanor charge of retail theft after he allegedly attempted to leave Walmart SuperCenter with $1,101.73 in merchandise Jan. 28.

After hearing an alarm indicating a shopper was leaving the store with a non-deactivated shoplifting sensor, customer service manager Donna Shearn approached McAfee near the store entrance and asked to see his sales receipt. McAfee produced a receipt from Jan. 14. When this was brought to his attention, McAfee left the store without the merchandise.

When police arrived, the employees said McAfee was sitting in a parked vehicle.

McAfee told Sage he purchased a number of DVDs and a storage container, and when he left the store, was asked to produce a sales receipt. When he showed her an outdated one, he got upset and left the store, and was waiting for someone inside the store, according to the affidavit.

Shearn showed Sage the receipt given to her by McAfee; it was dated for Jan. 14 for $228.98 in purchases, according to the affidavit. Shearn said the value of the merchandise McAfee left in the cart was $1,101.73 and none of it bagged.

McAfee told police he planned to remove the items from the store without paying, police said. McAfee also said he brought the outdated receipt with him in case he was stopped by an employee.

McAfee was sent a summons on the charges by Magisterial District Judge John Gembic III, of Shamokin. A preliminary hearing is set for March 25 before Gembic.

No sacrifice is too great if it leads to God

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When I was growing up, I watched so many hours of the Summer Olympics and Winter Olympics that I probably should have won a medal. I'm not talking about gold, silver or bronze. I would have settled for tin.

My viewing of the 2014 Winter Games in Sochi, Russia, has been limited to highlight clips. I'm not a big fan of ice dancing (or even a small fan), but I couldn't resist watching Meryl Davis and Charlie White becoming the first Americans to win an Olympic gold medal in that event.

Their performance was about as close to musical perfection on ice as we're likely to see. However, I was even more impressed when interviews revealed the couple had been training together for over 17 years.

Davis was nine and White eight when they began their years of countless hours of practice and an untold number of sacrifices. Imagine what they had to give up to achieve their dreams of ice dancing excellence!

Very few of us even ice skate let alone excel at it, but we are all called to a lifelong quest for spiritual excellence.

We will make mistakes, try to correct them and then sin again. We will have to make an untold number of sacrifices to mold our will to God's will. And, no matter how hard we try, we will never come even close to perfection.

But that's OK. Our lifelong work toward holiness does not earn us a material reward such as a gold medal.

It offers a prize that is infinitely more precious - spending an eternity in God's love and with our loved ones.

+++

No sacrifice is too great if it leads us to God.

Shamokin man accused of selling pot, coke out on bail

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SHAMOKIN - A city man was released on bail Friday after being charged Thursday with selling cocaine and marijuana to a confidential informant.

Keith Nixon, 27, no address given, was placed in prison Thursday on $10,000 bail after a video arraignment before Magisterial District Judge John Gembic III, of Shamokin. Online court records show Nixon was released on bail Friday.

According to court documents filed by Shamokin City Police Cpl. Bryan Primerano, a confidential informant told officers Oct. 11 that Nixon and another individual, Jason Russell, were looking to sell cocaine and marijuana. Later that day, police gave the informant $110 in drug-buy money for a purchase.

While under surveillance, the informant met Russell at Shamokin and Commerce streets, and the two met up with Nixon. After a short ride, the informant dropped off Nixon and Russell at a convenience store and went to the Shamokin Police Station where he turned over cocaine and marijuana.

Russell, 27, of 510 E. Commerce St., was arrested Tuesday after a search warrant for his home was served shortly after 8 p.m.

Police allegedly found six packets of Spice, a synthetic marijuana, hidden in a bathroom ceiling. Plastic bags believed to have been used to package narcotics, a cell phone allegedly used to set up deals with the informant and $312 was also reportedly seized.

Russell was arraigned on multiple felony counts of possession of a controlled substance, possession of drug paraphernalia, criminal use of a communication facility and criminal conspiracy, after making six drug deals, four in October and two earlier this month.

Nixon was charged with two felony counts each of delivery of a controlled substance and possession with intent to deliver a controlled substance and felony charges of criminal conspiracy and criminal use of a communication facility. A preliminary hearing is scheduled for Tuesday before Gembic.

Snow removal marks start of Shamokin street light project

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SHAMOKIN - Snow removal started downtown this week, beginning a project to replace street lights along Independence Street.

PPL Electric Utilities hired Michels Power, based in Neenah, Wisc., as the primary contractor to perform the electrical work, which involves replacing 44 street lights between Shamokin and Market streets.

Pioneer Construction Co., a subcontractor, will perform the mechanical work.

The Honesdale firm was expected to wrap up snow removal Friday between Liberty and Shamokin streets, clearing the way to mark the street for the underground lines.

"If Mother Nature cooperates and allows the PA One Call markings, Pioneer is scheduled to begin saw-cutting and removing pavement and excavating soil next week," said Teri MacBride, PPL Susquehanna Valley community affairs.

Existing "cobra-style" aluminum posts and lamps will be replaced with the same style of equipment, including high-pressure sodium bulbs. Underground conduit will be dug up and new wiring installed.

Portions of the road and any sidewalks and curbing dug up will be replaced.

Initial work will take place between Shamokin and Liberty streets.

Given the scope of the construction and the location, disruptions are expected downtown.

Project completion was initially targeted for mid-May.

The system will be owned and maintained by PPL. Shamokin pays a combined $11,200 in monthly tariffs, $134,400 annually, to cover maintenance and distribution charges for all 664 street lights in the city. The tariffs are funding the project and there is no additional cost to the city.

A different company, Constellation Electric, supplies electricity to the street lighting system. They're paid about $1,200 monthly for the service.

Shamokin's downtown street lighting has increasingly malfunctioned over the years, including during heavy rainfall, and at times has left parts or all of Independence Street in the dark.

City officials have previously said 47 lights would be replaced. MacBride said that figure is incorrect and 44 replacements were planned all along.

Noteworthy: Saturday, Feb. 22, 2014

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Rod and gun club open house Sunday

TREVORTON - The public is invited to learn more about the Zerbe Township Rod and Gun Club at an open house from 1 to 6 p.m. Sunday.

Vendors will be set up and the indoor shooting range will be open. Food and drinks will be served.

God's Chuck Wagon to resume

God's Chuck Wagon, the mobile soup kitchen, will resume its Monday and Tuesday schedule this coming week.

The soup kitchen bus had been snowed in for the past several weeks.

It will probably be mid-March before it will resume trips to Trevorton and Tharptown on Wednesdays, said operator Pastor James Bowers.

The bus stops from 4 to 5 p.m. Mondays at Fourth and Oak streets in Mount Carmel and from 5:30 to 6:30 p.m. in the parking lot behind the municipal building in Kulpmont. On Tuesdays, it is in Shamokin from 4 to 6 p.m. in the parking lot behind the Ride Aid.

Once it resumes operations on Wednesdays, it will be at the Foundry in Trevorton from 4 to 5 p.m. and at the playground in Tharptown from 5:30 to 6:30 p.m.

SASB committee meetings Monday

COAL TOWNSHIP - A meeting of the Shamokin Area School District athletics committee will be held at 3:30 p.m. Monday in the board conference room. A building and grounds committee meeting will follow at 4 p.m.

AREA memberships available

Membership forms are now available for AREA Services online at www.areaambulance.net.

Melting snow turns to ice, causes two crashes

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THARPTOWN - Two crashes occurred in the same area of Route 61 near Brewery Curve just 2 1/2 hours apart Friday night as the highway turned slippery when melting snow refroze.

The first crash, involving one vehicle, resulted in injuries, police said. They said an SUV traveling south apparently went out of control, skidded across the highway and hit a guard rail almost head-on.

Traffic in the area was restricted to one-lane in each direction for a short time.    

The second crash resulted in an SUV ending up on its side along the highway at about about 10 p.m. No injuries reported in this one.
Coal Township police, emergency personnel and fire police on the scene.

Anthracite Firemen's Relief officers named

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MOUNT CARMEL - Daniel Skonecki of West End Fire Company was elected president of the Anthracite Firemen's Relief Association of Mount Carmel for 2014.

Other officers are: Tammy Mench, vice president, and David Berezovske, financial secretary, both of Anthracite Steam Fire Company; Carl Froutz, of American Hose and Chemical Fire Company, recording secretary, and James Weissinger Jr., Clover Hose Company, treasurer.

The investigating committee consists of David Green, American Hose; John Williams Jr., Anthracite; Philip Cimino, Clover Hose, and Ricky Schnee, West End. Other delegates to the association are Sean Williams, Anthracite, and Brian Karycki, Clover Hose.

Chartered May 4, 1896, the relief association provides insurance coverage for members of the Volunteer Fire Department of Mount Carmel, who may become injured, disabled or killed in the course of their duties.

The association also reimburses those who incur a cost to attend training, purchased equipment, such as self-contained breathing apparatus and radios, for the fire department, and assisted with loan payments in the purchase of fire apparatus.

The association meets at 8 p.m. the last Tuesday of each month, rotating between the borough fire companies.

Bloomsburg Univ.

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BLOOMSBURG - Douglas W. Cole, a son of Joan and William Cole, of Kulpmont, earned dean's list recognition at Bloomsburg University for the fall semester with a 3.50 grade-point average.

Cole, a music education major, is a member of the Bloomsburg University Chapter of the National Collegiate Honor Society. He is a 2013 graduate of Mount Carmel Area High School.

Can Barbour profit from her story?

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Miranda Barbour's jailhouse account claiming to be a prolific serial killer has garnered international attention for the transient teenager thus far implicated in a single murder in Northumberland County.

Should Barbour find suitors seeking to pay for the exclusive rights to her story - there's no word yet that she's been approached or intends to do so - there is existing state law designed to prevent her from making a profit.

As history has shown, though, some infamous people have successfully skirted or fought against similar "Son of Sam" laws in other states and earned money on the stories of their alleged crimes.

By Barbour's telling, she's killed more victims than she cared to count, and investigators are working to substantiate the claims.

Her controversial interview with Francis Scarcella of The Daily Item has elicited many opinions. Some are terming Barbour's remarks as a confession, while others are calling it a lie or taking a wait-and-see approach.

Regardless, her story has all the makings of a novel or television movie.

She says she was a victim herself of child abuse, that she was lured into satanism and was entrenched with a cult.

She's also a mother of a young child whose father is now dead, a link investigators are reportedly exploring to see if Barbour herself is responsible in any way.

And, of course, she was a newlywed, married just three weeks to Elytte Barbour, when the two allegedly lured Troy LaFerrara, of Port Trevorton, through a Craigslist personal ad, strangled and stabbed him, and dumped his body in a Sunbury alley.

Even if her claims of leaving dozens of victims dead in four other states are proven false, and regardless of how the criminal case in Northumberland County turns out, it's not unlikely that her story would draw interest from publishers or filmmakers.

State law

"Son of Sam" laws get their name from notorious 1970s serial killer David Berkowitz, and are designed to prevent convicted criminals from profiting from their crimes.

Berkowitz himself wasn't subject to the law. He was found incompetent to stand trial but voluntarily agreed to donate 25 percent of the earnings from selling his rights to New York's Crime Victims Board.

Pennsylvania's law was amended in the 1990s in the wake of a Supreme Court ruling that found New York's was unconstitutional.

In Pennsylvania, anyone contracted to do business with a convicted criminal based on that person's crime, perhaps for film rights or a book deal, must turn over the contract or provide written notice and report payment to the state's crime victims board.

The board is responsible to make contact with anyone eligible for a claim, which could include a victim or a family member, and a three-year statute of limitations exists. Guilty parties and accomplices are ineligible, and financial awards can't exceed profits from the crime. If claims are paid in full and funds remain, the board itself can petition to recover the rest.

Substantial civil awards were set by judges against convicted killer Ira Einhorn and O.J. Simpson to prevent them from making money from their stories. Although Simpson was acquitted of murdering his ex-wife, he was found liable in a wrongful death lawsuit.

This law would likely be used to prevent convicted child molester Jerry Sandusky from turning a profit should he pen a tell-all book as he had planned after being arrested in 2011.

A spokesman for the state attorney general's office wouldn't comment on Pennsylvania's law, its application or direct The News-Item to any cases in which it's been tried or appealed.

Attorney's takes

Defense attorney Bill Costopoulos, of Lemoyne, worked to have the murder conviction of Dr. Jay C. Smith overturned on appeal in 1992. Ten years later he successfully defended former York Mayor Charles Robertson, who was acquitted of murder charges stemming from the 1969 York race riots.

He pointed out that Pennsylvania's law allows for at least one loophole: a conviction or guilty plea is necessary. Anyone standing trial could strike a deal before a verdict is rendered, even if it's not in their favor.

"As we speak, of course, Miranda Barbour hasn't been convicted of anything. It looks awfully bleak for her in the future," Costopoulos said. "I think whoever would contract with her for the story at this hour, if they put it on the fast track, has the green light to go with it."

Rod Blagojevich, former governor of Illinois, struck a book deal before his conviction on making false statements to the feds and before the state adopted legislation preventing an elected official from cashing in on a crime, according to an article in the online publication of the District of Columbia Bar Association.

Matt Mangino, a former Lawrence County prosecutor, is a defense attorney with Luxenberg, Garbett, Kelly and George, P.C., in western Pennsylvania and actively blogs about criminal justice.

He, too, said the law is open to interpretation in the event a deal is struck ahead of a plea or conviction. But if there is a guilty verdict or plea in the Miranda Barbour case, and if she were to sell the rights to her story afterward, he doesn't think she could profit.

"Looking at this statute, if she's convicted, then I think if she attempts to make a deal with a publisher or with a production company, that money will not go to her directly. It will go to the fund and she should not be able to profit from her criminal activity," Mangino said.

Exceptions

"Son of Sam" laws have been challenged across the country.

The late mobster Henry Hill was the inspiration behind the best-selling novel "Wiseguy," and he was portrayed by Ray Liotta in Martin Scorsese's classic film "Goodfellas."

New York's Crime Victims Board sought to recover Hill's earnings from Simon & Schuster, but the U.S. Supreme Court ruled in 1991 that the state's "Son of Sam" law was unconstitutional and violated the First Amendment. The ruling caused New York, Pennsylvania and others to seek amendments.

Jordan Belfort, depicted by Leonardo DiCaprio in "The Wolf of Wall Street," is under court order to direct half, not all, of his gross income, including book and film royalties, to victims of an investment scheme owed $110.4 million, according to The Wall Street Journal.

Mary Kay Letourneau, the former schoolteacher infamously convicted of having a sexual affair with a student whom she would later marry, successfully appealed Washington law to keep money from movie and book deals, according to the D.C. bar association. When "Entertainment Tonight" paid the couple to exclusively cover their 2005 wedding, that was also cleared since it was unrelated to her rape conviction.

9 grievances filed by Line Mtn. teachers since January

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MANDATA - Nine grievances were filed by Line Mountain School District teachers relating to contractual issues since January, but neither the district nor the teachers union will provide any specifics.

Eight grievances filed were rejected by the board because it was the majority opinion that they were unfounded, said school board President Troy Laudenslager.

The president would only provide context to the grievances, and he declined to say anything further.

In Laudenslager's 10 years as a school director, he said he does not remember any other grievances being brought to the board.

This year's grievances are "trending high," said Pennsylvania State Education Association's Mark McDade, who is representing Line Mountain teachers. Line Mountain Education Association President Mark Shearer directed all questions to McDade.

Wit tension high between the two parties, teachers have been working on an expired contract since June 2012, which was a one-year extension of a

five-year contract that ended June 30, 2011, which guaranteed educators a 3-percent raise each year.

Right to Know

A Right to Know request was filed by The News-Item Jan. 29 for copies of the first five grievances, but the request was denied Feb. 3 by Superintendent Dave Campbell, the district's Right to Know officer, on the basis of the exceptions of Section 708(b)(7) of the state Right To Know Law.

According to that section, grievance material, including documents related to discrimination or sexual harassment, are exempt.

An inquiry to McDade to obtain copies of those grievances was also denied.

"Grievances are personnel matters between the employer and the affected employee(s)," McDade said by email. "As such, it is inappropriate for the district and/or the association to disclose this information outside of employer/employee agency representatives."

He said it is unfortunate the district chooses to "flagrantly violate" the parties' collective bargaining agreement rather than uphold the contract.

"The teachers faithfully abide by the contract every day. We expect the school board to do the same. The contract was bargained and agreed upon by the school board and the teachers, yet the school board voluntarily chooses to break the contract on multiple occasions. We are dismayed that the Line Mountain School Board treats our teachers with such disregard."

If a teacher feels like the school district has wronged them in a contractual sense, a grievance can be filed. It will first go to the principals, then to the superintendent and finally the school board if one of those levels denies their claim and the teacher wants to take it higher, Laudenslager said.

If the school board denies the claim, it can be sent to an arbitrator, but none of the grievances have been taken that far yet, he said.

To the rule

The teachers at Line Mountain have been working to the rule since Sept. 30 to draw attention to the stalled contract negotiations. They will not volunteer their time for duties not described in their contract and will only work during the contracted 7 1/2 hours.

Both the district and the teachers have been accusing the other of misleading the public and bargaining in bad faith. The school district also has released several documents about their latest offer and the salary schedule of their teachers.

The school board is set to act on the ninth grievance at Tuesday night's school board meeting.

Noteworthy: Sunday, Feb. 23, 2014

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Shamokin Area progress reports

COAL TOWNSHIP - Shamokin Area Middle/High School will distribute progress reports to students Tuesday.

All students in grades 7 to 12 will receive a progress report to update parents with their child's academic status.

Sunbury to clear snow Monday

SUNBURY - The City of Sunbury will clear snow on the following streets Monday:

Fairmont Avenue from Market Street to Masser Street and Walnut Street from Front Street to Lenker Avenue.

Snow will be cleared Tuesday from the following streets:

Catawissa Avenue from Market Street to the city line and Race Street from Front Street to Catawissa Avenue.

Snow can be thrown in the parking lanes until they reach your block. Do not throw snow in the street after they are finished.

Vehicles may be ticketed and/or towed.

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