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NEPA Photo Puzzle 6/9/2015


Scranton Fire Dept. aims to establish hazardous materials response team

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The 19 Scranton firefighters at the Armed Forces Reserve Center wore neon green jumpsuits Tuesday — as comfortable and as breathable as a garbage bag, but which could nevertheless save their skin from corrosive chemicals.

They emerged from the suits covered in sweat but one step closer to certification as hazardous materials technicians.

“The ultimate goal is to have our own hazardous materials team,” Scranton Fire Chief Patrick DeSarno said.

City firefighters continued their second week of a two-week hazardous material training session at the Olyphant Avenue facility to bolster the ranks of certified hazardous material technicians within the department to 21 people. Right now, the city depends primarily on the Lackawanna County Emergency Management Agency for hazardous material mitigation.

This week’s training will focus on simulated hazardous material situations, like a leaking train car, whereas last week’s training focused on digesting a 700-page chemistry text book and a written test, which all 19 firefighters passed, Lt. Brian Scott said. The International Association of Firefighters conducted and paid for the training. The international union wants to provide the training but does not want to stick the bill with municipalities, especially when the recession had left so many cities strapped for cash, said C.J. Haberkorn, an IAFF instructor and assistant chief of special operations with the Denver Fire Department in Colorado.

“We’re teaching these guys to go on an offensive tactic,” Mr. Haberkorn, said.

The training Tuesday comes two days after city firefighters responded to a leaking rail train car behind Giant Market on Nay Aug Avenue around 5:15 p.m., Assistant Fire Chief Jim Floryshak said. The leak, believed to be magnesium chloride, was quickly contained, but the recent training helped shape the way the response was handled, Chief Floryshak said.

Hazardous material calls do not come in often, Chief Floryshak said. When they do, they need to be handled slowly and carefully.

“Low frequency, but very high risk,” Chief Floryshak said.

The 19 firefighters in training will have a practical exam by the end of the week. Those who pass will be certified. After that, the department will look for funding for hazardous materials equipment, Chief DeSarno said. The department does not have a target date set for a fully equipped team.

Contact the writer: jkohut@timesshamrock.com, @jkohutTT on Twitter.

Towing contractor may take plea deal

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WILKES-BARRE — As his date with the Luzerne County Correctional Facility nears, former Wilkes-Barre towing contractor Leo A. Glodzik III has entered into plea negotiations with federal prosecutors on bank fraud and weapons charges that could land him in prison for significantly more time than his state theft conviction, according to court documents.

Mr. Glodzik, 44, is due to report to the county jail to begin a three- to 12-month sentence for felony theft next week, just days after his trial in the Wilkes-Barre City Employees Federal Credit Union fraud case is set to begin.

But in a joint motion to continue filed Monday, lawyers said a superseding indictment filed in April has necessitated a delay in the fraud case against him and former credit union Assistant Manager Amanda Magda.

U.S. District Judge A. Richard Caputo had not immediately signed an order delaying the case.

In August, a federal grand jury indicted Mr. Glodzik and Ms. Magda, as well as former Wilkes-Barre police officers Tino Ninotti, 36, and Jason Anthony, 35, on bank fraud charges alleging the four conspired to defraud the credit union of thousands of dollars. A fifth defendant, Jeffrey Serafin, was arrested at the same time but was not connected to the other defendants.

— JAMES HALPIN

Attempted break-in investigated in Scranton

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SCRANTON — Police are investigating a report that someone tried to break into an apartment at Valley View Terrace.

Scranton Housing Authority employee Martin Flynn discovered damage to a door frame at an apartment in Building 2 of the housing project, Lt. Glenn Thomas said. The markings indicated someone tried to force entry into the unoccupied apartment. The discovery was reported around 9 a.m. Monday.

Anyone with information is asked to contact detectives at 570-348-4139.

— JOSEPH KOHUT

Appeals court upholds reinstatement of fired Scranton principal

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The state Commonwealth Court upheld the reinstatement of a fired Scranton School District principal who was accused of mishandling state tests and failing to evaluate teachers properly.

In a 27-page opinion, the court agreed the district failed to provide sufficient proof that Gwendolyn Damiano engaged in “persistent and willful” misconduct that would warrant her dismissal.

The decision affirms the July 10 ruling by James M. Sheehan, an official with the state secretary of education’s office, that directed Ms. Damiano be reinstated to her position with full back pay.

The ruling, issued Friday, is separate from a federal lawsuit Ms. Damiano filed that alleges the district intentionally delayed resolution of her disciplinary hearing and retaliated against her after she won that case. The district recently filed a motion seeking to dismiss the lawsuit, which remains pending.

Ms. Damiano, who served as principal at Robert Morris Elementary School, was fired in November 2013, based on several allegations of negligence and misconduct. The key issues focused on allegations that she failed to properly secure the Pennsylvania System of School Assessment tests, skirted her responsibility in evaluating teachers and was late for work repeatedly.

The district argued Ms. Damiano violated policy when she left the PSAA tests in her office without locking them in a cabinet. Mr. Sheehan said the state test handbook mandated only that the tests be in a secured area. Ms. Damiano’s office locked automatically when she exited, therefore her conduct did not rise to the level of persistent negligence, he said.

As for the teacher evaluations, the district contended she did not observe teachers’ performance for the required number of times per year. Mr. Sheehan said the school did not provide sufficient evidence regarding how such observations were to be conducted.

Mr. Sheehan also found the district did not provide enough evidence to support its claims that Ms. Damiano was often late for work.

The district appealed Mr. Sheehan’s rulings to Commonwealth Court, arguing he ignored certain evidence it presented.

In upholding the ruling, a three-judge panel of the court noted the school code provides significant protections to employees to guard against unwarranted dismissal for “picayune and unwarranted criticisms.” The court found Ms. Damiano provided alternative explanations for her actions, none of which rose to the level of seriousness to warrant her dismissal.

Brett Datto, Ms. Damiano’s attorney in the federal lawsuit, said Ms. Damiano is pleased the court found she did not violate school laws. He is assessing what impact the decision might have on the federal lawsuit.

“Ms. Damiano’s actions were, at all times, done in the best interests of the Scranton School District, and were certainly not in violation of any school laws,” Mr. Datto wrote in an email.

It’s not known if the district will seek to appeal the case further. Attempts to reach district solicitor John Minora were unsuccessful Tuesday.

Contact the writer:

tbesecker@timesshamrock.com

Keystone Landfill makes expansion pitch to public

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DUNMORE — A series of yellow school buses shuttled groups of area residents through Keystone Sanitary Landfill on Tuesday, running past two inactive, grass-covered waste-disposal areas and an excavated site ready to receive garbage.

Tour groups visited the Dunmore and Throop facility’s wastewater treatment plant, methane recycling operation and drill-cutting processing area before returning to tents to eat hot dogs, hamburgers and ice cream, talk with landfill officials and consultants, or participate in raffles.

Dozens of people among about 400 area residents who visited Keystone’s open house told The Times-Tribune they were curious about the operation after reading about the landfill’s controversial expansion proposal and came away impressed with what they saw.

Pleasantly surprised

Scranton resident Carolyn Engle was among several people who felt comfortable with the nearly half-century expansion plan after seeing the landfill from the inside. She came expecting a dirty, smelly facility but was surprised to see a clean operation with a lack of odor.

“Why pay more when there is nothing wrong with this place at all?” she asked, citing higher waste-disposal costs the region would likely pay to transport waste elsewhere.

Benton Twp. resident Michael Rosenberger said he was impressed by Keystone’s safeguards, like the liner system designed to keep leachate from reaching the groundwater, but he described the tour as cosmetic because he didn’t get to see an active waste-disposal site.

“I wanted to see them dumping garbage,” he said. The tour was after business hours.

Some reservations

Some area residents remained ambivalent about the expansion. In some cases, people felt they were not well-versed enough in the science to know for sure what they were looking at and remained concerned about what the proposal would mean for the region’s reputation.

Keystone consultant Albert Magnotta said landfill officials wanted people to see their facility amid the expansion dialogue.

“We felt it was important to give the general public the opportunity to come and see what we do, what’s involved with the scope of work, what’s involved with our environmental compliance activities, and make an informed judgment as to the merits of their application,” he said.

Michele Dempsey and Pat Clark, two leaders in the anti-expansion grass-roots group Friends of Lackawanna, visited the operation and spoke with Keystone President Louis DeNaples, who greeted many people who came to the open house.

The pair did not go on a tour but planned to return for a private visit, Mr. Clark said. He maintained the expansion would be too great a burden for the community to bear over the decades.

Contact the writer:

kwind@timesshamrock.com,

@kwindTT on Twitter

Runner’s death stuns triathlete community

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When Paula Jones was struck and killed by an apparent drunken driver, she was just three weeks short of the goal she had been training toward for three years.

Ms. Jones, of Factoryville, was fatally hit by a car shortly after 6 p.m. on Sunday as she was running on Lakeside Drive. The 31-year-old was practicing for the Challenge Atlantic City Triathlon, coming up on June 28.

Read her obituary HERE

The driver who allegedly hit her, 50-year-old Harveys Lake resident Michael Scavone, admitted to police he had been drinking at bars prior to the crash, according to authorities.

Charges are awaiting the result of blood-alcohol tests, and officials say the investigation is ongoing.

As a tribute to Ms. Jones, members of the triathlete community are looking to put together a team to complete the Atlantic City race for her, “so something positive can come out of this horrible tragedy,” said Mary Stella Stabinsky of Plains Twp., who knew Ms. Jones through participating in triathlons.

‘Great athlete’

“Paula was a great athlete,” Ms. Stabinsky said.

“This is about finishing it for her,” she said. “We’d like to think that’s what she really would have wanted.”

Ms. Stabinsky said race officials are allowing the group to run it as a relay, and asked the team to wear specific T-shirts so they can be identified on the course.

Ms. Stabinsky had also planned to run in the Challenge Atlantic City, and was Ms. Jones’ training partner for the race. The Ironman portion of the triathlon is 140.6 miles — Ms. Stabinsky noted that a runner can’t just jump into it. She said Ms. Jones had been training for it for three years, and Harveys Lake is “a pretty common training ground for a lot of athletes.”

Ms. Jones’ death hit the entire endurance community very hard, especially the local triathletes, Ms. Stabinsky said.

“It’s really a tragic accident. I feel horribly that this happened,” she said. “Everyone’s shocked and hurting that this happened to one of our people.”

Popular road

Lakeside Drive, or state Route 415, is popular with runners and bicyclists, from those just looking to get healthier through a bit of jogging to hard-core endurance athletes.

Harveys Lake also serves a significant function for athletes: For the past 34 years, the Wilkes-Barre Triathlon has started there with a 1.5-kilometer swim, followed by a 40-kilometer bike ride and an 11-kilometer run that ends at Penn State Wilkes-Barre in Lehman Twp.

Harveys Lake is the “go-to area” for training, said Andy McDonald, co-owner of Cedar Bike & Paddle in Scranton. He speculates it’s the scenery and the escape it provides from stress. “It’s just a different presence when you get to the lake,” he said.

The lake is also good for kids, families and beginner bike riders because it’s flat, there’s a good stretch with no hills, and it’s a somewhat easy ride.

But there are also hidden corners and winding stretches, Mr. McDonald said. Motorists should be aware of the speed limit, and that there are pedestrians. Runners and cyclists need to put themselves in the safest position as well, he said.

Very scenic

Harveys Lake Police Chief Charles Musial said Lakeside Drive is very scenic. “That’s what brings everyone out here, obviously.”

But the road is also very dangerous, with curves, narrow stretches and areas with little or no shoulder.

“We try and educate the bicyclists and everyone, they really have to pay attention to all the obstacles that are out there,” he said. “But they do have a right to be on the roadway.”

Pedestrians have an obligation to step off to the side of the road if a vehicle is approaching them, to allow it to pass them safely, he said. Motorists have to understand, especially during peak hours and in nice weather, that they have to be careful, Chief Musial said.

Members of council are determined to make the lake as safe as possible, particularly in the aftermath of Ms. Jones’ death.

“We’re all saddened by this tragic accident,” Harveys Lake Council President Bill Hilburt said.

Although there has been talk over the years about adding width to Lakeside Drive, Mr. Hilburt noted that there are some spots where it can’t be widened.

“We have to make sure cyclists, joggers, walkers, motorists pay very, very careful attention to their surroundings,” he said.

Chief Musial, council and Mayor Clarence Hogan are discussing some ideas, and Mr. Hilburt said they will be raised during Tuesday’s meeting.

One of the measures is to raise awareness of the 35-mile-per-hour speed limit on Lakeside Drive.

As a member of the Back Mountain Community Partnership, Harveys Lake intends to borrow the roadside speed indicator the municipalities own jointly. Chief Musial said it would be placed on different areas of Lakeside Drive from June 19 to July 3, to display how fast motorists are going.

Contact the writer:

eskrapits@citizensvoice.com

Community Events Listings, June 10, 2015

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Abingtons

Pasta dinner: Countryside Community Church takeout-only pasta dinner, June 20, 3-5 p.m., 14011 Orchard Drive, Clarks Summit; advance tickets only, 570-587-3206 or countrysideoffice@yahoo.com through Sunday, $8/adults, $6/children under 10.

Blakely

Youth program: Summer youth program for borough children (Blakely/Peckville) ages 5-12, weekdays, June 22-Aug. 14, 9 a.m.-noon, Borough Recreational Complex, Keystone Avenue, Peckville, games, arts, crafts and activities; registration, June 15-17, 9 a.m.-noon, borough recreational complex’s refreshment stand, no youth program on rainy days, July 3 July 10; Facebook page: Borough of Blakely Youth Summer Program, will be updated; participants must have active health insurance, a birth certificate for proof of age, and proof of residency; free.

Clarks Summit

Bible school: Clarks Summit United Methodist Church vacation Bible school, July 20-23, 5:45-8:15 p.m., ages 2-completion of grade 6; free, snacks provided; www.bigbibleschool.com.

Hamlin

Car cruise: Ronald McDonald House car cruise, Friday, 6 p.m., McDonald’s, Route 590; music, trophies, giveaways.

Lackawanna County

Lemonade stand: Kayla Bickauskas of Jefferson Twp. hosts Alex’s Lemonade Stand to benefit the battle against childhood cancer, Friday, 11 a.m.-3 p.m., Lackawanna County Courthouse Square, Spruce Street side, Scranton.

Mid Valley

Golden Age: Mid Valley Catholic Golden Age meeting/annual members picnic, Thursday, 6 p.m., 205 Grant

St., Olyphant.

North Pocono

Dessert theater: North Pocono Cultural Society and Local Commotion Walking History presenting Dessert Theatre with Lotta Crabtree, June 28, 2 p.m., Maple Lake United Methodist Church fellowship hall, 632 Route 690, Spring Brook Twp., $10, reservations appreciated; Kati, 570-843-5002; http://northpocono

culturalsociety.yolasite.com.

Olyphant

Fire company events: Excelsior Hose Company 1 Bucket Brigade of Bucks, Aug. 15, tickets: fire station nightly or 570-307-5085; 125th anniversary parade in conjunction with the NEPVFF convention, Sept. 12, 2 p.m.; dinner-dance, Oct. 24, Regal Room.

Pittston

Bible school: St. John’s Evangelical Lutheran Church Vacation Bible School, ages 3-12 Aug. 3-7, 6 p.m., dinner, 5:30-5:50; 7 Wood St., Bible-learning experiences, games, songs and treats; Summit Celebration for parents, grandparents and friends, 8 p.m., free; 570-655-2505.

Train ride: Pittston Memorial Library’s Greater Pittston Charity Train Ride to Jim Thorpe, Sept. 13; departs 9 a.m., returns 6 p.m.; $75, seating limited, 570-457-6558.

Simpson

Bus trip: Simpson Seniors bus trip to Woodloch Pines in Hawley, Sept. 1, bus leaves Sarnoski Civic Center on Veterans Drive at 3:30 p.m.; $58, includes bus, smorgasbord meal, show, dancing and tips; $20 deposit to reserve seat, final amount due Aug. 1; Tom, 570-282-2299.

Throop

Parish festival: Blessed Sacrament Parish family festival, Aug. 14-16, parish grounds and hall, 215 Rebecca St., ethnic foods, live entertainment, Friday and Saturday; breakfast and bingo, Sunday; 570-489-1963 or 570-489-0752.

Waverly

Deadline extended: Waverly Community House Artisans Marketplace artists/crafters participation deadline extended; event is Nov. 21-22, 1115 N. Abington Road; 570-586-8191, ext. 2 or waverlycomm.org.

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


Man who tussled with store guard while mother watched gets prison

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A Nanticoke man who tussled with a female department store security guard in front of his mother is going to prison for theft.

On Tuesday, Lackawanna County Judge Michael Barrasse sentenced Matthew Difebo, 37, 145 Old Newport St. Apt. 3, Nanticoke, to one-to-two years in state prison and two years of probation.

Mr. Difebo was captured on security cameras carrying clothing into a changing room at the J.C. Penney department store in the Viewmont Mall, then exiting without anything in his hands. After determining the items were not left in the stall, loss prevention officer Charlotte Rukstalis confronted Mr. Difebo at his vehicle in the parking lot.

The defendant ran toward the food court before doubling back, according to the police report, telling the security guard that he needed something from his car.

At that point, his mother arrived at his vehicle, a Toyota. Mr. Difebo then started the car.

While struggling with the defendant, Ms. Rukstalis — who called herself a 30-year veteran of the retail industry — tried to shut off the ignition.

Eventually, Mr. Difebo managed to jam the Toyota into gear and peeled out with his mother inside. He clipped Ms. Rukstalis’ arm with the car door as he passed, she said.

“I’ve had guns and mace pulled on me, but never anything like this,” Ms. Rukstalis told the judge before the sentencing. “It was a frightening experience.”

State police pulled over Mr. Difebo traveling on I-81 and arrested him. He was found with more than $500 worth of merchandise, including shirts, pants and shorts.

The judge told the defendant he was lucky not to have faced a more serious aggravated-assault charge and gave Mr. Difebo a sentence above the standard range, due to his prior convictions and the circumstance of the offense, said his attorney Michael J. O’Brien. They will be filing a motion asking for a reconsideration of the sentence, the attorney said.

Contact the writer:

pcameron@timesshamrock.com,

@pcameronTT on Twitter

Boscov's application for mall grant paints bleak picture

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A pitch for a $10 million state grant to reconstruct the Mall at Steamtown parking garages offers the bleakest assessment yet of the retail center’s future, predicting the mall is headed for “complete failure” without intervention.

Under the scenario outlined in the city of Scranton’s application on behalf of Boscov’s Corp. for $10 million from the Redevelopment Assistance Capital Program, the grant would leverage another $23.3 million in nonstate investment to preserve and revitalize the ailing mall as a critical anchor of the downtown business district.

The state Office of Budget released the city’s RACP application with the accompanying business plan Tuesday in response to a Right to Know Law request filed by The Times-Tribune.

Boscov’s is expected to be among the bidders when the mall, which entered foreclosure in 2014, goes up for sale at an auction later this month.

On Tuesday, businessman Al Boscov reiterated his intention to continue operating the mall as a retail operation if the acquisition is successful but said the $10 million to renovate the garages and their 2,400 parking spaces is a critical part of those plans.

“It’s very important because it changes dramatically what we can afford and what we can’t afford,” he said.

The application states that the 563,774-square-foot mall is currently only about 50 percent occupied — indicating a vacancy rate significantly higher than any previously acknowledged — with transitional or temporary tenants representing as much as 20 percent of the occupied space.

“This is attributable in large measure to the declining conditions in the mall itself and the critical conditions of the garages which will at some point be rendered unusable,” it states.

Under the proposal, the $23.3 million in additional investment — $8.3 million in cash and $15 million in the form of a Section 108 loan that would be guaranteed by the city — would be used to make substantial interior and exterior improvements needed to stabilize the tenancy already there and attract new retailers.

The deteriorated conditions and high vacancy rate “require extraordinary actions in order to not only maintain current occupancy but, equally important, be able to fully lease up to a projected 95 percent occupancy rate over the next five years,” the report states.

The plan projects the mall, as it currently exists, faces a net operating loss of $964,600 in 2016, with the deficit growing to more than $2 million in 2017 and to more than $3 million in 2018, even if changes are made to decommission certain segments of the facility.

“Clearly, the current conditions if unchanged will ultimately lead to the complete failure of the mall,” the application states.

By virtue of its location in the heart of the downtown, the mall’s demise would also have repercussions for the central business district, according to the application.

“In fact, it can be reasonably argued that the mall is downtown Scranton,” it states.

Aside from the mall, the application notes the downtown has a number of private and county office buildings, college buildings and approximately two dozen smaller, mixed-use buildings that in total are roughly 50 percent unoccupied.

That contributes to a “sense of quiet desperation about the economic vitality of the downtown,” making revitalization of the mall imperative, it states.

“Without this major commitment from the mall, there is little incentive for other properties in the downtown to make even minor commitments to improve their own facilities for the benefit of themselves and the community,” the application states. “Rather, a mall that continues to deteriorate simply promotes an identity of benign neglect.”

State Sen. John Blake, D-22, Archbald, said there is “real danger” if the mall were to go dark that it would lead to disinvestment in downtown. At the same time, he said, whatever shape the mall takes must be sustainable in the long term.

“I really feel strongly that that commercial corridor is the most important commercial corridor in the city,” Mr. Blake said. “It does have a dramatic impact on the quality of life in the core business district.”

The application states that revitalization of the mall would retain 250 full-time and 200 part-time jobs and projects the creation of 1,000 new jobs — 600 full time and 400 part time — within a year after the mall renovations are completed.

Footnotes to the net operating income projections make reference to possible demolition of the former Bon-Ton store and attached parking garage at the western end of the mall.

Under one alternative, 10 new street-level shops would be constructed along with a street-level parking lot. Another would include the street-level shops and parking plus a second level occupied by “non-traditional” tenants.

Mr. Boscov said he was unaware of any scenario that would entail demolition of the Bon-Ton space and was unsure where the footnotes originated.

“Our first hope is we can reconstruct the mall and that is what our plan is. I don’t know that we have a secondary or third plan,” he said.

Contact the writer: dsingleton@timesshamrock.com

Longtime defender of battered women returning to Scranton

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After just two weeks of working with a new organization, Peg Ruddy is coming back to the one she helped build.

Ms. Ruddy, a licensed social worker, left her position last month as executive director of the Women’s Resource Center in Scranton to lead the Pennsylvania Chapter of the National Association of Social Workers in the Harrisburg area.

But because of “some really significant personal reasons” combined with the realization that her place was in Scranton working with battered women, she will be returning to her old position June 22.

“My heart was with the center,” she said.

Before her departure, Ms. Ruddy had been with the center for more than three decades, starting as a student intern in 1982. She helped grow the Women’s Resource Center from an organization with an annual budget of $300,000 to one of $2 million.

The organization is running an important fundraising campaign, another reason for her return, Ms. Ruddy said.

“The board of directors, (the center’s) volunteers and particularly the dedicated staff could not be more pleased to have Peg return,” Michelene Pagnotti, president of the center’s board, said in a press release.

“The Women’s Resource Center is a vital community organization that answers more than 1,400 calls for help and provides thousands of safe nights for battered women and their children every year. Much of the success of the organization is due to Peg’s leadership and personal commitment.”

Contact the writer:

pcameron@timesshamrock.com,

@pcameronTT on Twitter

Lackawanna County schedules food distribution

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OLD FORGE — Food will be provided to needy Lackawanna County families Friday at the Borough Building.

The distribution is provided under the Federal Emergency Food Assistance Program administered by the Scranton-Lackawanna Human Development Agency Inc.

Residents should bring their own bags or boxes to the Borough Building, 310 S. Main St. Distribution will begin at 10 a.m. on a first-come, first-served basis. For more information, contact the agency at 570-963-6836.

— STAFF REPORT

Family settles lawsuit over GM inginition switch death

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The parents of a Jessup man killed in a car crash caused by a failed ignition switch in his vehicle have reached a settlement of a lawsuit filed against the General Motors corporation.

Richard Miller of Forest City and Laura Miller of Jessup agreed to settle a lawsuit they filed on behalf of their 25-year-old son, James E. Miller, who was killed in a one-car crash on the Casey Highway in Mayfield on April 20, 2014.

The amount of the settlement was not released in court documents.

According to the lawsuit filed in Lackawanna County Court, James Miller was westbound on the highway when his 2005 Chevrolet Cobalt unexpectedly lost power after the ignition switch was jostled into the off position while he was driving — a defect that GM has acknowledged it first learned about in 2001, but failed to fix. The automaker did not begin recalling vehicles until February 2014.

Mr. Miller lost control of his car and traveled into the median, where the vehicle struck an embankment. He died after being ejected through the car’s sunroof.

The Millers’ attorney, Larry Moran of Lenahan and Dempsey in Scranton, said GM agreed to settle after his firm took the case before Kenneth Feinberg,an attorney hired by GM to review 4,342 claims that had been submitted alleging injury or death caused by the defective switch. The Millers’ case is among 111 cases involving deaths that GM settled based on Mr. Feinberg’s recommendation, he said.

“This is a scandal of monumental proportions,” Mr. Moran said, noting that the switch in question cost just 39 cents. “After they discovered the defect, if they spent 39 cents and put in a new ignition switch, this would not have happened.”

The settlement is the second involving a Lackawanna County family. In October Mr. Moran negotiated an agreement for the parents of Kelly Erin Ruddy of West Scranton, 21, who died on Jan. 10, 2010, in a car crash on Interstate 81 in Plains Twp.

Mr. Moran said the amount of the settlements are kept confidential at the insistence of GM. Public documents filed in conjunction with the cases heard by Mr. Feinberg state that surviving family members would be paid at least $1 million in compensatory damages.

Contact the writer:

tbesecker@timesshamrock.com

NEPA sees increase in Act 13 impact fee disbursements

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The seven-county region is set to receive more than $20 million from unconventional gas well impact fees, according to preliminary numbers from the state Public Utility Commission.

An analysis of PUC documents provided to The Times-Tribune found Susquehanna County can expect about $16 million and Wyoming County about $3.6 million, with other northeastern counties receiving a much smaller share of the total $127.2 million to be distributed from the impact fee.

The PUC doesn’t plan to post the impact fee distribution information on its website until it gets confirmation that checks are ready to be sent to municipalities, said agency spokesman Nils Hagen-Frederiksen.

He said there have been minor adjustments made to numbers near the end of this process in previous years. The posting could happen later this week, he said.

Drillers pay no tax on the gas they produce, but pay an annual fee for each well they put in the ground.

Of that money, Harrisburg takes its cut, $25.5 million off the top, to fund state agencies that regulate the industry and then divides the remaining funds around the state.

Counties that actually play host to drilling get 60 percent of what’s left, with each municipality receiving money for each well in its borders.

Counties with no drilling, like Lackawanna and Luzerne, receive the remaining funds from what is called the Marcellus Legacy Fund. This money must be used for community or conservation-minded projects.

Lackawanna County is to receive $205,082 and Luzerne County, $306,863 from the Marcellus Legacy Fund.

In Springville Twp., Susquehanna County, which is to receive the largest lump of cash of the Susquehanna County municipalities, township supervisor Duane Wood said while they set a sum for savings, much of it goes right into infrastructure projects.

The township has 2¼ miles of road that need to be repaved this year and two lengths of storm drain that must be replaced.

“Around here, that’s what we’re doing with this. ... That’ll shoot a big chunk out of it,” Mr. Wood said of the $887,000 marked for his town.

It’s much of the same 5 miles south, in Washington Twp., Wyoming County, which is to receive $460,000.

Township supervisor Dan Huff said officials try to spend all the gas money promptly. Like many other municipalities, they treat the impact money more like a bonus instead of a revenue stream.

“If you’re using money to build up extra staff, give raises, anything like that, when that does dry up, then you have problems,” Mr. Huff said. “Because your dependency on that’s there, and your income’s gone.”

Drilling activity in Washington Twp. has subsided lately, evident in the smaller royalty checks leaseholders receive each month, Mr. Huff said.

It’s for that reason he believes the impact fee system, rather than a tax, works better for small towns, because they’re guaranteed a check every year and not dependent on the market.

Gov. Tom Wolf has proposed a 5 percent severance tax on natural gas’ wellhead value. Mr. Wolf’s plan would maintain an impact fee returned to host communities through the tax, but Mr. Huff was worried it wouldn’t stay that way.

“My fear is it will get funneled away from the counties up here that are getting the impact,” Mr. Huff said. “That’s historically what seems to happen. ... Then we’re left with the impact and no way to keep up with it.”

Robert Swift, Harrisburg bureau chief, contributed to this report.

Contact the writer: joconnell@timesshamrock.com, @jon_oc on Twitter

Disbursements

Susquehanna: $16 combined Act 13 and legacy fund

Wyoming: $3.6 combined Act 13 and legacy fund

To receive only Marcellus Legacy funds

Luzerne: $306,863

Lackawanna: $205,082

Monroe: $160,234

Pike: $54,250

Wayne: $49,416

Dickson City restaurant cited for underage alcohol sale

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DICKSON CITY — The state Bureau of Liquor Control Enforcement cited a borough restaurant last week for serving alcohol to an 18-year-old in April, the bureau said in a news release Tuesday.

Red Robin Gourmet Burgers, 1235 Commerce Boulevard, served alcohol to one minor on April 17, the release said. The citation was issued June 3.

The charge will go before an administrative law judge, who has the authority to impose penalties ranging from $50 to $1,000 in fines for minor offenses and up to $5,000 in fines for more serious offenses.

— JOSEPH KOHUT


Carbondale drug treatment center defies order to shut down

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The owner of a controversial drug treatment center in Carbondale is defying a cease-and-desist order that directed her to close the facility.

The city’s zoning officer directed the Just Believe Recovery Center to shut down based on zoning board attorney Joseph McGrath’s opinion that it cannot operate while the board’s appeal of a Lackawanna County court ruling is pending.

The center’s owner, Cynthia Bellino, opened the facility on May 18 in the former Marian Community Hospital based on a November decision by visiting Senior Judge John Braxton of Philadelphia, who ruled the zoning board did not have enough evidence to deny Ms. Bellino’s request for a variance.

December appeal

The zoning board appealed that ruling to the Commonwealth Court in December. Mr. McGrath contends state appellate court rules say Judge Braxton’s order must be stayed pending resolution of the board’s appeal.

Ms. Bellino’s attorney, Joel Wolff, said he interprets the statute differently.

“Our position is Judge Braxton’s order is the law of the case,” he said. “They are treating clients and intend to continue treating clients.”

Long-standing battle

The dispute is the latest in a long-standing battle between Ms. Bellino, the zoning board and several residents who oppose the facility. It comes just as the zoning board is scheduled to hear a separate request by Ms. Bellino to operate an inpatient center at the hospital. That hearing is scheduled for 7 p.m. tonight.

Regarding Judge Braxton’s order, Mr. McGrath said he advised Mr. Wolff weeks ago that he believed the order was stayed pending the appeal.

The city did not act to close the facility until Monday, however, to give Mr. Wolff an opportunity to provide evidence to support his position.

“They are aware of the rules prohibiting them from operating and they opened up anyway,” Mr. McGrath said.

Mr. McGrath said Ms. Bellino has appealed the cease-and-desist order to the zoning hearing board, which will hold a hearing on the matter. No date has been set for that hearing. Should the board rule against her, she could appeal that ruling to Lackawanna County Court.

Contact the writer:

tbesecker@timesshamrock.com

Worker dies on paving project in Old Forge

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A Pennsylvania man died in a construction accident Tuesday in Old Forge.

The man was killed around 4:30 p.m. after he was struck by a milling machine while working on a paving project at Rosemount Estates on Edgewood Drive, said Old Forge Police Chief Jason Dubernas. Officials have not released his name pending notification of family, but Chief Dubernas said the man is from the Philadelphia area.

Read updated story: Coroner identifies man in accident.

Lackawanna County Coroner Tim Rowland also did not identify the victim Tuesday night but said an autopsy is slated for today.

Old Forge Mayor Bob Mulkerin said paving work in Rosemount Estates had just started on Monday, and residents had been pleased with the work.

“We were already told by the residents the guys up there were extremely helpful and very friendly,” he said.

Residents of the development have been complaining about the deteriorating streets for years. The borough sued Rosemount’s developer, Villa Inc., in 2009, claiming the development was not up to par with plans the borough approved in 1987. The borough also said it could not accept the streets in the development because none connects to “at least one other opened street or state highway” within the borough.

It was not immediately clear if that lawsuit is pending.

Municipal pension bill clears hurdle

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HARRISBURG — Municipal pension benefits would be curbed for future paid police and firefighters under legislation approved Tuesday by a House committee, a milestone hailed by Carbondale’s mayor.

By a party-line vote, the Republican-controlled State Government Committee passed the bill to put future police and fire employees into a cash-balance pension plan, combining elements of the traditional defined benefit plan and the defined contribution plan, similar to 401(k) investments.

Under the bill, current police and firefighters would keep existing benefits, but they would be frozen at those levels. This bill is a top priority of the Pennsylvania Municipal League.

Carbondale Mayor Justin Taylor was at the Capitol to see the advance of a bill he supports.

The measure would help Carbondale reverse a decline in the number of full-time police officers, said Mr. Taylor. The city has relied more on part-time officers as the number of full-time officers dropped from 15 in 2004 to nine now, he said.

“If the costs were able to come down, we could hire more full time,” said Mr. Taylor.

The committee action marks the furthest advancement yet for a municipal pension bill in the Legislature. House Speaker Mike Turzai, R-28, Pittsburgh, assigned the bill this session to the state government panel rather than the Local Government Committee where it stalled last session.

The proposed legislation will now go to the House floor, though a date has not been set.

Curbing public pension costs for state government and school district employees has gotten more attention during the past several years, but the municipal pension issue is reaching the front burner too.

State Auditor General Eugene DePasquale will soon provide recommendations to Democratic Gov. Tom Wolf on reining in $7 billion in municipal pension debt and aiding hundreds of fiscally distressed municipal pension plans.

Mr. DePasquale has warned repeatedly that Scranton will go bankrupt in two years if its pension debt is not addressed.

Sen. John Eichelberger, R-30, Hollidaysburg, said he expects a vote soon on a bill he recently introduced to put all new municipal employees under a defined contribution pension plan. Mr. Eichelberger heads the Senate Finance Committee.

The Fraternal Order of Police, Pennsylvania Lodge, and Pennsylvania Professional Fire Fighters Association have voiced strong opposition to the municipal pension bills. Democratic lawmakers voted against the bills because of concerns about retirement security for public safety officers, said Bill Patton, spokesman for House Minority Leader Frank Dermody, D-33, Allegheny County.

“They have a special burden due to the type of employment they have,“ he said.

The shrinking of police and fire departments should concern those still holding jobs, said Rep. Seth Grove, R-196, York, a House bill cosponsor.

“They are having to put their lives on the line with less backup,” he said.

Contact the writer: rswift@timesshamrock.com

Court: Wolf overstepped powers in firing open records chief

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HARRISBURG, Pa. (AP) — A Pennsylvania appeals court says Gov. Tom Wolf overstepped his powers when he fired the director of the state's open records office.

The Commonwealth Court on Wednesday ordered Erik Arneson returned to the job with backpay and benefits.

Wolf fired the longtime Republican Senate aide just days after he became the executive director of the Office of Open Records.

Arneson's lawyers argued lawmakers made it clear in the Right-to-Know Law that they wanted the job to be independent of the governor.

They cited the six-year term that outlasts a single gubernatorial term, the need to maintain a separation of powers within government and the open records office's role in making quasi-judicial decisions.

Wolf's lawyers argued decades of state court precedent backed its position that the firing was within his authority.

I-81 south now open

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According to a release issued by PennDOT:

Dunmore – Both lanes of Interstate 81 South at Exit 175B (Dupont) are now open after a vehicle crash earlier in the day.  

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