WILBRAHAM – Members of the town’s Agricultural Commission and the McDonald Nature Preserve Stewardship Committee want to promote understanding of the town’s trail system by converting a field to a pumpkin and gourd patch for residents. Robert Anderson, spokesman for the groups, said members plan to plant a field between Wilbraham Middle School and the McDonald Nature Preserve in...

WILBRAHAM – Members of the town’s Agricultural Commission and the McDonald Nature Preserve Stewardship Committee want to promote understanding of the town’s trail system by converting a field to a pumpkin and gourd patch for residents.

Robert Anderson, spokesman for the groups, said members plan to plant a field between Wilbraham Middle School and the McDonald Nature Preserve in May or June so it will be ready with pumpkins in the fall.

“We want to invite residents to come and pick a pumpkin and give some guided tours of the trails,” Anderson told the selectmen Monday night. “He said a lot of residents are unaware of the town’s trail system.

The pumpkin patch would be open to town residents, and residents who take a gourd or pumpkin would be asked to make a donation which would go to upkeep of the town’s trails, Anderson said.

“Thank you for doing this,” Selectman Robert Russell said. “This is great.”

Town trails include the McDonald Nature Preserve and Rice’s Nature Preserve. Volunteers help to maintain the trails.

Jean Pierre Amsili, also known as Joannajolee Amsili, a transgender individual who identifies as a woman, according to court documents, allegedly used neighbor's credit card to buy cigarettes then threatened to kill her if she called police

NORTHAMPTON — Bail has been revoked for a 32-year-old Florence woman who sent multiple text messages to her alleged victim in a pending violent assault case that took place in March at a Northampton Housing Authority property, according to police.

Jean Pierre Amsili, also known as Joannajolee Amsili, was ordered held Monday by Northampton District Court Judge W. Michael Goggins after her arrest Friday for violating bail conditions stemming from an incident at Forsander Apartments. Amsili is a transgender individual who identifies as a woman, according to court documents. Amsili and her alleged victim are neighbors who live in separate buildings at the 137 High St. property.

Amsili had been free on $250 bail after her arraignment March 7 on charges of malicious destruction of property, assault with a deadly weapon, larceny, assault and battery, intimidating a witness and threatening to commit a crime (murder). As a condition of her release, Amsili was ordered to stay away from her alleged victim, 49-year-old Elisa Deutschman.

The charges stemmed from a March 6 incident in which Amsili allegedly used Deutschman's credit card to purchase nearly $400 worth of cigarettes at the Cumberland Farms in Florence, according to court documents. Upon Amsili's return, she informed Deutschman that the cigarettes had been purchased on account of a "mixup," and promised to pay the money back. When Deutschman reached for her phone to call police, Amsili allegedly threw her neighbor to the ground, choked her, held a broken wine glass stem to her neighbor's face and threatened to kill her. Amsili allegedly smashed Deutschman's apartment window on her way out the door, vowing to return.

Amsili was arrested again late Friday afternoon, more than 36 hours after Deutschman informed police she had received 10 text messages and three phone calls from Amsili within a 15-minute period. The neighbor called police after Amsili threatened to "stop by," according to court documents. The woman told responding officers she feared for her safety because a third party had relayed to her in recent days that Amsili wanted to kill her.

Police responding to the scene early Thursday told Deutschman they were not able to make an immediate arrest because no formal restraining order had been issued. Friday's arrest was based upon a default warrant from the Northampton District Court.

Amsili is being held at the Hampshire County Jail and House of Corrections. She is represented by court-appointed attorney Susan Miles.

After only six hours of its planned 16-hour mission on the sea bed, the autonomous underwater vehicle exceeded its maximum depth limit.

PERTH, Australia -- The search area for the missing Malaysian jet has proved too deep for a robotic submarine which was hauled back to the surface of the Indian Ocean less than half way through its first seabed hunt for wreckage and the all-important black boxes, authorities said on Tuesday.

Search crews sent the Bluefin 21 deep into the Indian Ocean on Monday to begin scouring the seabed for the missing Malaysia Airlines Boeing 777 after failing for six days to detect any signals believed to be from its black boxes.

But after only six hours of its planned 16-hour mission on the sea bed, the autonomous underwater vehicle exceeded its maximum depth limit of 4,500 meters (15,000 feet) and its built-in safety feature returned it to the surface, the search coordination center said in a statement on Tuesday.

What if anything it might have discovered during the six-hour search was still being analyzed, it added.

The Bluefin 21 will resume the search Tuesday when weather conditions permit, it said.

Search authorities knew that the primary wreckage from Flight MH370 was likely lying at the limit of the Bluefin's dive capabilities. Deeper diving submersibles have been evaluated, but none is yet available in the search area.

The sub would have been programed to return to the surface once it exceeded the 4,500-meter limit, but a safety margin would also have been included to protect the device from damage if it went a bit deeper, said Stefan Williams, a professor of marine robotics at the University of Sydney.

"Maybe some areas where they are doing the survey are a little bit deeper than they are expecting," he said. "They may not have very reliable prior data for the area, so they have a general idea. But there may be some variability on the sea floor that they also can't see from the surface."

Meanwhile, officials were investigating an oil slick about 5,500 meters (3.4 miles) from the area where the last underwater sounds were detected, said Angus Houston, the head of a joint agency coordinating the search off Australia's west coast.

Crews have collected an oil sample and are sending it back to Australia for analysis, a process that will take several days. Houston said it does not appear to be from any of the ships in the area, but cautioned against jumping to conclusions about its source.

The Bluefin 21 can create a three-dimensional sonar map of any debris on the ocean floor. But the search in this area is more challenging because the seabed is covered in silt that could potentially cover part of the plane.

"What they're going to have to be looking for is contrast between hard objects, like bits of a fuselage, and that silty bottom," Williams said. "With the types of sonars they are using, if stuff is sitting up on top of the silt, say a wing was there, you could likely see that ... but small items might sink down into the silt and be covered and then it's going to be a lot more challenging."

The search moved below the surface after crews picked up a series of underwater sounds over the past two weeks that were consistent with signals from an aircraft's black boxes, which record flight data and cockpit conversations. The devices emit "pings" so they can be more easily found, but their batteries only last about a month and are now believed dead.

"Today is day 38 of the search," Houston told a news conference on Monday. "We haven't had a single detection in six days, so I guess it's time to go under water."

Australian Prime Minister Tony Abbott raised hopes last week when he said authorities were "very confident" the four strong underwater signals that were detected were from the black boxes on Flight 370, which disappeared March 8 during a flight from Kuala Lumpur, Malaysia, to Beijing with 239 people on board, mostly Chinese.

But Houston warned that while the signals are a promising lead, the public needs to be realistic about the challenges facing search crews in the extremely remote, deep patch of ocean -- an area he called "new to man."

"I would caution you against raising hopes that the deployment of the autonomous underwater vehicle will result in the detection of the aircraft wreckage. It may not," Houston said. "However, this is the best lead we have, and it must be pursued vigorously. Again, I emphasize that this will be a slow and painstaking process."

Houston, a retired Australian chief air marshal, called the search "one of the largest search and rescue, search and recovery operations that I've seen in my lifetime."

The Ocean Shield had been dragging a U.S. Navy device called a towed pinger locator through the water to listen for any sounds from the black boxes' beacons.

The Bluefin sub takes six times longer to cover the same area as the ping locator, and the two devices can't be used at the same time. Crews had been hoping to detect additional signals before sending down the sub, so they could triangulate the source and zero in on where the black boxes may be.

The submarine takes 24 hours to complete each mission: two hours to dive to the bottom, 16 hours to search the seafloor, two hours to return to the surface, and four hours to download the data, Houston said.

The black boxes could contain the key to unraveling the mystery of what happened to Flight 370. Investigators believe the plane went down in the southern Indian Ocean based on a flight path calculated from its contacts with a satellite and an analysis of its speed and fuel capacity. But they still don't know why.

But Houston said the visual search operation will end in the next two to three days. Officials haven't found a single piece of debris confirmed to be from the plane, and he said the chances that any would be found have "greatly diminished."

"We've got no visual objects," he said. "The only thing we have left at this stage is the four transmissions and an oil slick in the same vicinity, so we will investigate those to their conclusion."

Up to 11 planes and as many ships were to join Tuesday's search over 62,000 square kilometers (24,000 square miles), 2,200 kilometers (1,400 miles) northwest of Perth.

Police were notified that he was there at about 7:30 p.m., and he was finally brought to shore just after 9 p.m.

PALMER - A kayaker who lost his paddle became stranded on a concrete platform in the middle of the Chicopee River and had to be rescued by firefighters Monday night.

The man, whose name was not disclosed to the press, was unharmed in the incident, said Palmer police Sgt. Erin Sullivan.

Sullivan said the man was stuck for at least 90 minutes on the platform underneath a railroad bridge at Main and Bridge streets in the Three Rivers Section. He had been kayaking on the river but apparently lost his paddle in the turbulent water and was unable to steer anymore.

Police were notified that he was there at about 7:30 p.m., and he was finally brought to shore just after 9 p.m.

The section of the river is where the Quabog and Ware rivers form the Chicopee River.
Sullivan said the water level was high and the current was moving too fast for the kayaker to consider making it to shore with out help.

He was rescued by firefighters with the Three Rivers, Palmer and Bondsville fire districts.

Firefighters with a boat and safety ropes were able to reach the man and haul him to safety.

Live-coverage comments in the meals-tax debate included assertions from restaurant owners and the mayor.

HOLYOKE -- The City Council Finance Committee voted 3-2 Monday for a proposal to establish a meals tax supporters said would pump more than $500,000 a year in revenue into municipal finances.

Supporters said in the debate at City Hall that the tax of 0.75 percent would mean only pennies to restaurant patrons' bills and that many of those would be out-of-towners who eat at the Holyoke Mall at Ingleside.

Opponents said the "tax is a tax" argument applied in this case, however small the extra amount of money it would impose on people, and must be considered in the context of the city for years having taxed property owners and others with increasing bills.

The 0.75 percent tax would add 23 cents to a $30 bill, for example, or 75 cents to a $100 bill.

The debate included comments from two restaurant owners who spoke in favor of the meals tax, Mayor Alex B. Morse and other city officials, besides councilors.

The meals tax proposal will go before the full City Council for a vote Tuesday (April 15). Passage requires a simple majority of the 15-member council, or eight votes, officials said.

Click here to read the live coverage of the debate that preceded the committee vote.

Police said six separate stores had to close early after section of roof, roughly 200 feet long, was peeled away.

WEST SPRINGFIELD - Heavy winds tore a section of roofing from several stores in the Riverdale Shops in West Springfield Monday night, according to CBS 2 Springfield, the media partner of The Republican and Masslive.

Police said six separate stores had to close early after section of roof, roughly 200 feet long, was peeled away.

The area around the shopping plaza was blocked off.

Police told CBS 3 that there had been some construction going on at the shops and that may have contributed to the roof peeling away.

The National Weather Service did not issue any advisories about heavy wind on Monday.

According to the weather station at Westover Air Reserve Base in Chicopee, the wind was a steady 17 mph but there were gusts of up to 29 degrees.

Chris DiMarzio, who failed to return nomination papers, was re-elected to the Ware Planning Board as a write-in candidate with 38 votes.

WARE — Marcia Vadnais handily beat two challengers for a seat on the Ware School Committee during Monday’s election that had turnout of less than 9 percent.

Chris DiMarzio, who failed to return nomination papers, was re-elected to the planning board as a write-in candidate with 38 votes.

Vadnais received 319 votes out of 541 cast, according to the town clerk’s office. Challenger Veronica Slattery received 117 votes and Kristin Bateman polled 93 votes. There are 6,216 registered voters in town.

“We are an amazing school system; we have so much to offer," Vadnais said in an interview Monday night after she was declared the winner.

“My goal is that we bring some focus to this town on how important education is for the kids. We need to bring education to the forefront; our kids are our future and we need to focus on that. Our children deserve a good public school education.”

Vadnais is a Ware High School graduate and a lifelong resident along with her husband of 28 years, Joe Vadnais. They have two daughters; one has graduated from the school system, the other is a junior and a member of the National Honor Society.

Vadnais will fill the the seat vacated by Chris Desjardins, who resigned earlier this year. The unexpired terms is for two years.

Voters also approved a ballot question to amend the town charter.

The change creates a Planning and Community Development Department directed by the town manager. The agency will be composed of the planning board, zoning board of appeals, community development authority, tax increment financing committee, and a planning and community development advisory committee.

In addition, approval of the amendment to the charter has created a director of planning and community development position; the town planner's role was eliminated. The planning and community development director is to be appointed by the town manager and will report to that office. The changes take effect on July 1.

The following were unopposed:

• John E. Carroll and John A. Desmond, incumbents who were re-elected to three-year terms on the Board of Selectmen.
• Moderator, Kathleen H. Coulombe
• School Committee, Aaron R. Sawabi
• Board of Assessors, Theodore Balicki
• Board of Health, Joseph J. Ciejka
• Cemetery Commissioner, Margaret D. Sorel
• Park Commissioner, William R. Imbier

Kamuda's interest in the Titanic began as a teen. He would track down survivors and write them letters and many wrote back to him with their memories of that night.

SPRINGFIELD - Edward S. Kamuda, who founded the Titanic Historial Society in Indian Orchard, died at his home Sunday after a long illness, the society announced Monday.
He was 74 years old.

Kamuda and five others founded the Titanic Historical Society on July 7, 1963 in Indian Orchard.

As president, he watched its membership grow to several thousand people from around the world and the organization became one of the leading organizations for researching the Titanic and documenting the lives of the doomed vessel’s passengers and crew.

The Titanic struck an iceberg on the night of April 14, 1912, killing 1,517.

“If it weren’t for Edward Kamuda, much of the information we have today on Titanic wouldn’t exist,” says Karen Kamuda, THS vice president and wife of Edward.

The historical society’s home office was humbly located in the rear of Henry’s Jewerly on Main Street in Indian Orchard. The store is located across the street from the former Park Theater, where as a teen, Kumuda’s lifelong interest in the Titanic was first piqued with the 1953 movie "Titanic" starring Clifton Webb and Barbara Stanwick.

He began tracking down the remaining survivors and sending them letters. Many would write him back and share their recollections of the voyage and the night of the sinking.

As he told The Republican in a 1993 interview “"I was so lucky I got a hold of them when I did. Most of them are gone now.”

Over time, the society would work closely with Dr. Robert Ballard in the search of the ocean floor that in 1985 would eventually locate the wreckage of the ocean liner.
He would also be a vocal opponent of efforts to salvage items from the Titanic site, equating it with grave robbing.

Kamuda and members of the society offered their knowledge of the Titanic to director James Cameron during the production of his 1997 film, “Titanic,” which would become of the top grossing films of all time.

The Kumudas would even be brought to the movie set, where they were cast as extras in the movie. They were featured in costume sitting on the top deck of the ship during one scene.

In a 1997 interview with The Republican, Edward Kamuda recalled the experience, saying "To look at the books for 40 years and then to walk the decks of the ship - it was a dream come true,"

Karen Kumuda remembers Cameron introducing her husband to several actors on the set, saying “Here’s the man who made it all possible.”

Kamuda and the society were involved in numerous books and documentaries about the Titanic.

The society’s collection of Titanic artifacts are on display at the Indian Orchard museum and at Titanic attractions in Pigeon Forge, Tenn. and Branson, Mo.

Two years ago, to commemorate the 100th anniversary of the sinking, Kamuda was on hand to present Springfield a 10,000-pound, black granite monument at Oak Grove Cemetery on behalf of the society. The front features a picture of the Titanic while on the back it lists the names of the two Springfield residents who perished, Jane Carr, 47, a third class passenger; and Milton C. Long, 29, a first class passenger and son of a Hampden County judge and former mayor.

Calling hours will be April 25 from 4 to 7 p.m. at St. Pierre-Phaneuf Springfield Chapels, 7 Chapin Terrace, Springfield, to be followed by a Titanic Historical Society Service, led by Rev. George DeMass and Rev. Mark Statler, at 7 p.m.

The funeral services will begin April 26 with a brief service at 7:30 a.m. at St.Pierre Phaneuf Springfield Chapels, to be followed by a funeral mass planned for 9:30 a.m. at St. Rose DeLima Church, 600 Grattan St, Chicopee. An internment service will follow at Oak Grove Cemetery, 426 Bay Street, Springfield,

Foes of the meals tax say it is just another expense on struggling homeowners despite the revenue infusion it would net the city.

HOLYOKE -- The City Council is debating whether to adopt a meals tax that supporters say would pull more than $500,000 into city finances for only unnoticed pennies on customers' restaurant bills.

Opponents argue any tax is "just another tax," especially when Holyokers have been hit for years with annual boosts in property tax bills and rising costs all around leaving households struggling.

The 0.75 percent tax would add 23 cents to a $30 bill, for example, or 75 cents to a $100 bill.

Passage requires a simple majority of the 15-member council, or eight votes, and most councilors have expressed support for the meals tax.

The tax would take effect with revenue coming into the city budget beginning with the new fiscal year July 1.

Follow live coverage in the comments section below:

A van was reportedly speeding before a crash on I-84 in Connecticut that sent 12 people to hospitals.

Video: Police search priest's computer

Do you have news or a news tip to submit to MassLive.com for consideration? Send an email to online@repub.com.

School Committee approves the transfer of the Water Tower property.

LONGMEADOW — The School Committee would like more information about the proposed use of the water tower property before relinquishing its control over the land.

The property is located near the area of Frank Smith Road and is under the joint control of the Select Board and School Committee.

Select Board Chairman Marie Angelides attended the meeting Tuesday to express the board's desire to use the land to increase revenue in town.

"We see this as a way of increasing revenue without raising taxes," she said, suggesting the town could use the land for housing.

In the 1950s town residents voted to give control of the land to the school department and Parks and Recreation Department to be used as a park or playground. Nothing has been done with the land.

School Committee members said they are hesitant to transfer the control of the land without knowing what it will be used for.

"Putting more housing in that area will put more of a burden on the schools," said School Committee member Janet Robinson. "In reality people moving into town are younger families with children. Then we run into the issue of where to put them and now we have just given up property that could be used for a new school. It's kind of a catch 22."

Member Elizabeth Bone cited a letter written by the town's attorney David Martel
which states that any change in use of the property would require a majority of votes from the School Committee and the Select Board and a 2/3 vote at Town Meeting.

"They don't need us to do anything until they have a proposed use," Bone said.

Eight schools were honored during a ceremony on Tuesday for having the highest or most improved attendance.

SPRINGFIELD — The Stay in School initiative honored eight schools on Tuesday for outstanding attendance, but students made it clear their motivation came from within themselves, their parents, peers and staff.

Trophies were presented to four schools for highest attendance and to four schools for most improved attendance during a ceremony at the High School of Commerce. The schools were selected in four categories: elementary; middle; high schools; and alternate schools.

“I used to be hooked on skipping school,” said Talisha Padilla, a senior at Commerce. “Now I’m hooked on graduating in June and my future as a police officer after I graduate from the High School of Commerce.”

“I need graduate and go far in life and so do you,” Padilla said, before an audience that included students and staff of various winning schools.

The four schools honored for highest attendance were: Glenwood Elementary (95.6 percent); Duggan Middle (96.3 percent); Renaissance, grades 9 to 12 (94 percent); and Springfield Public Day Elementary (94 percent.)

The schools honored for most improved were: Rebecca Johnson; Forest Park Middle; the High School of Commerce; and Springfield High School.

Statistics were for the most recent marking period, and trophies will move from school to school as attendance is tracked in future marking periods, officials said.

Speakers including Superintendent of Schools Daniel Warwick, Mayor Domenic J. Sarno and United Way of Pioneer Valley President Dora Robinson, praised the schools, and the students for their achievements.

United Way is a partner in the Stay in School initiative, which was launched last fall.

Warwick said attendance is currently at its highest rate, 92.8 percent, as compared to an average rate of 91.8 percent last year. Attendance is a key factor in pushing for stronger graduation rates and academic performance, he said.

The school system needs the entire community involved in the Stay in School initiative, Warwick said. The steering committee consists of representatives of the business, youth and health sectors including employees of WGBY-TV who helped present the "traveling" trophies at Tuesday's ceremony.

Attendance is extremely important “because when you hit the workforce, employers are looking for people they can depend on,” Warwick said.

“You have to have great attendance,” Warwick said. “So get in those habits now where you get to work every day, you get to school every day is going to put you on the right track to move forward.”

Sarno and Warwick both said their parents instilled a great belief in the importance of attending school.

Padilla was among students with perfect attendance.

She is in her fifth year at Commerce, having spent the first year frequently skipping class and not liking school People including a best friend, the Commerce staff and Principal Jason Hynek, helped convince her of the importance of attending school for future success, she said.

Commerce seniors Breyonna Jones and Adegoriola Thomas also spoke during and after the ceremony, praising Commerce staff, others, as well as self-motivation for their commitment to school attendance, also having perfect attendance.

The current and past principal “embedded that you have to be in school to get your education so you can go places,” Jones said.

“Personally, I know I have dreams and aspirations that I want to achieve in life and I know I have to go to school and graduate in order to get those things,” Jones aid.

Thomas said: “I value my education and really am a person that shows up in school every day and learn something every day.”

He also credited his parents for being “very influential in my life” and encouraging him, and making sure he attends school.

The mayor noted that the outcome of the investigation could either result in no sanctions or could ultimately be the undoing of special days at the fair.

WESTFIELD – A representative of the state Ethics Commission contacted Mayor Daniel M. Knapik Tuesday to investigate a complaint that he violated ethics laws by choosing whom to invite to the Big E Westfield Day mayor’s reception.

Knapik declined to name the Ethics Commission investigator who called him and said he could not at this time be more specific about the complaint but offered that the complaint suggests the mayor’s reception party on Westfield Day at the Big E is an “unpaid political event.”

The mayor noted that the outcome of the investigation could either result in no sanctions or could ultimately be the undoing of special days at the 17-day Eastern States Exposition, or Big E, held annually in West Springfield. Traditionally, local nearby communities have a day designated for them such as Agawam Day and Springfield Day.

“If I’m found in violation, then every mayor is also in violation, including the governor who attends the Big E on Massachusetts Day,” Knapik said.

On Tuesday afternoon, Knapik posted his thoughts on the complaint on Facebook saying, “So it seems that the state ethics commission received a complaint about Westfield Day at the Big E ... so it could be that all public officials that have attended their day at the Big E ... may have an ethics issue. ... I'll keep you posted as to the decision. ... I wonder who complained?”

Knapik was not told who lodged the complaint, but shortly after the end of the fair in October, City Councilor Mary L. O’Connell sent a public records request to his office seeking his invitation list to the mayor’s party, he said.

O'Connell could not be reached for comment immediately Tuesday night.

Again, Knapik used Facebook to respond to the request, posting, “Really Councilor O'Connell ... a public records request to my office requesting the invitation list to the Mayor's Party at the Big E. ... I would think with all the things going on in your life ... you would have more important things to worry about than who was invited to the party ... and wasting my time with such nonsense ... so here's my advice ... run for mayor ... win and don't invite me ... heaven help us all.”

Boston police detonated a large backpack left near the Boston Marathon finish line on Tuesday.

BOSTON — Boston police detonated two large backpacks left near the Boston Marathon finish line on Tuesday.

Officials responded quickly after a barefoot man dressed in a black veil and black hat appeared to have left two black backpacks behind at the Boston Marathon line finish.

Boston Police officials have a suspect in custody.

People were escorted out of the area of the Boston Marathon finish line so officials could detonate the backpacks.

No information is currently available on the suspect in custody or what was inside the backpacks. Police detonated the two bags approximately twenty minutes apart. Green Line service to Copley Square has been halted until further notice.

People near the finish line captured video of the alleged suspect running down Boylston Street yelling "Boston Strong! Boston Strong!"

NECN tweeted out a photo of a man in black being taken into police custody.

EXCLUSIVE PHOTO: Male suspect in @bostonpolice custody in unattended bags investigation at finish line pic.twitter.com/W4ENWLJybG

— NECN (@NECN) April 16, 2014

 

Zogenix Inc., the marketers of Zohydro ER, had filed a lawsuit in U.S. District Court in Massachusetts arguing that state officials did not have the authority to prohibit sales of a drug approved by the Food and Drug Administration.

By COLLEEN QUIN

BOSTON — A federal judge Tuesday granted a request by a drug manufacturer for an injunction temporarily halting Gov. Deval Patrick’s attempt to ban the prescribing of the painkiller Zohydro.

Zogenix Inc., the marketers of Zohydro ER, had filed a lawsuit in U.S. District Court in Massachusetts arguing that state officials did not have the authority to prohibit sales of a drug approved by the Food and Drug Administration.

Lawyers for the drug company argued the ban was in "direct conflict" with the authority of the FDA to determine for the public if a drug is safe and effective, while lawyers for the state said Patrick was within his rights to act during a public health emergency to limit or ban access to certain drugs.

U.S. District Court Judge Rya Zobel sided against the governor, calling the state’s arguments “without merit” and concluding that Zogenix is “likely to prevail” in the final ruling on the case. The judge’s granting of the injunction does not take effect until April 22.

“When the Commonwealth interposed its own conclusion about Zohydro ER’s safety and effectiveness by virtue of DPH’s emergency order, did it obstruct the FDA’s Congressionally-given charge? I conclude that it did,” Zobel wrote in her five-page ruling.

She continued, “The FDA has the authority to approve for sale to the public a range of safe and effective prescription drugs—here, opioid analgesics. If the Commonwealth were able to countermand the FDA’s determinations and substitute its own requirements, it would undermine the FDA’s ability to make drugs available to promote and protect the public health.”

Patrick banned Zohydro ER last month after declaring a public health emergency around the heroin and opioid addiction epidemic in the state. At least 140 have died of heroin overdoses in Massachusetts during the past several months.

Zogenix officials said the judge’s ruling supports “upholding the Constitutional principle at the heart of this case.”

“Allowing states to overturn the decisions of medical and scientific professionals at the FDA, which is the federal agency Congress has authorized to regulate matters involving patient safety and the effectiveness of medications, would set an alarming precedent with respect to the federal regulation of access to new prescription medications,” company officials stated in a release.

Zogenix officials describe Zohydro ER as a drug that manages pain severe enough to require continuous, long-term opioid treatment for which alternative options are inadequate.

“Today’s legal ruling was a positive step forward for Massachusetts patients,” Roger Hawley, chief executive officer of Zogenix said in a statement. “We invite concerned officials to engage with us to discuss fair and appropriate safeguards for pain medications like Zohydro ER rather than seeking to ban or restrict one specific treatment.”

During a press conference on March 27, the governor said he would ban any hydrocodone-only formulation, commonly known as Zohydro, as part of the emergency steps the administration was taking take to combat the drug problem. Patrick said it poses a "significant risk to individuals already addicted to opiates and to the public at large.”

Secretary of Health and Human Service John Polanowicz said Tuesday afternoon he had just learned about the judge’s decision to suspend Patrick’s prohibition of the drug.

“We are going to review the finding,” Polanowicz said.

The drug, approved by the FDA last October, hit the market last month, but no prescriptions have been filled in the state for the painkiller due to Patrick’s ban, according to company officials.

Zogenix officials have said they have taken steps to prevent misuse of Zohydro, and dispute claims that it is more addictive or powerful than other commonly prescribed opioids.

During the federal approval process, some public health officials expressed concerns about the drug’s potency and potential for abuse. Patrick said he would lift the ban if the drug-maker developed a more abuse and tamper resistant formula.

“Imagine 50 states each imposing a different formulation requirement,” Zogenix attorney Stephen Hollman said during a hearing Monday at the John Joseph Moakley U.S. Courthouse.

After June 22 there will be no more PVTA buses on Hampden Street.

LUDLOW – The Board of Selectmen and the Pioneer Valley Planning Commission and Pioneer Valley Transit Authority worked out a solution to bus traffic on Hampden Street which residents said was creating a safety hazard for children on the street.

PVTA buses have been traveling down Hampden Street to get to the HealthSouth rehabilitation facility after the facility moved from its old location at Chestnut Place to its new location in the Ludlow Mills on State Street.

Residents of Hampden Street complained that buses were traveling too frequently and at too high a rate of speed down Hampden Street.

Residents said there are many children who live on the narrow street.

Selectman Aaron Saunders held a meeting last week with residents and representatives of the PVTA along with representatives of a Police Department Safety Committee.

According to a solution approved Tuesday night by the Board of Selectmen the PVTA buses will no longer travel down Hampden Street as of June 22.

Prior to June 22 the PVTA has agreed to conduct traffic counts to monitor the speed of the buses on Hampden Street, Joshua Rickman, a spokesman for the PVPC and the PVTA told selectmen.

After June 22 the PVTA bus routes will be split in two, Rickman said.

Richman said there will be 32 trips per day from the Indian Orchard bridge to Sewall Street to the Big Y on Center Street and back.

In a separate route there will be eight trips per day from the Indian Orchard bridge to State Street to HealthSouth and back.
After June 22 the PVTA buses will stay off Hampden Street, Rickman said.
Rickman said there is a high demand for buses from Springfield to the Big Y because of the shortage of supermarkets accessible to residents who live in Springfield.

There also is a demand for bus trips by employees who live in Springfield and work at HealthSouth in Ludlow.

Selectman William Rooney said he wished to thank Selectman Aaron Saunders for taking the time to negotiate a solution between all the parties involved which solved the bus traffic problem on Hampden Street, a highly residential area.

By MATT MURPHY BOSTON — The state Health Connector Authority and MassHealth will not need a special appropriation to cover additional costs expected to run into the tens of millions of dollars through June as a result of being unable to enroll residents on time in new health plans under the Affordable Care Act, Gov. Deval Patrick’s budget chief told...

By MATT MURPHY

BOSTON — The state Health Connector Authority and MassHealth will not need a special appropriation to cover additional costs expected to run into the tens of millions of dollars through June as a result of being unable to enroll residents on time in new health plans under the Affordable Care Act, Gov. Deval Patrick’s budget chief told lawmakers on Tuesday.

Patrick administration health officials briefed lawmakers on the progress being made toward implementation of the Affordable Care Act, which has become bogged down in technical struggles following the disastrous rollout of the state’s insurance enrollment website.

Health and Human Services Secretary John Polanowicz, Administration and Finance Secretary Glen Shor, Health Connector Director Jean Yang, MassHealth Director Kristin Thorn and special advisor to the governor Sarah Iselin offered testimony and answered questions from the Committee on Health Care Financing for over two hours.

“While we are achieving the ultimate goal of the Affordable Care Act we fully recognize our website challenges are creating difficulties,” said Shor, who chairs the Health Connector board.

The hearing was less contentious than the committee’s first oversight hearing in February when lawmakers vented frustrations they had been hearing from constituents about difficulties trying to enroll. “I know it’s not for a lack of effort that we’ve run into trouble here in Massachusetts,” said Sen. James Welch, co-chair of the committee.

Though many lawmakers offered complimentary words about recent progress, Rep. Tricia Farley-Bouvier raised a concern about a possible break in data security that administration officials said they knew nothing about.

Despite a $10 million per month price for extending Commonwealth Care coverage through June 30 under a federal extension that has allowed the state to keep nearly 102,000 enrolled in their current subsidized coverage, Shor said the Connector has access to fiscal 2014 revenues that have exceeded expectations and will cover the added expense.

“Based on reasonably conservative projections, we do not believe they pose fiscal challenges to the Commonwealth in fiscal 2014,” Shor said. Those revenues include cigarette excise taxes, employer fair share contributions, and employer fees paid on unemployment insurance bills.

Similarly, Patrick administration officials said MassHealth planned for additional enrollment in fiscal 2014 and will not need supplemental funding to accommodate the 160,000 who have been placed in temporary Medicaid coverage while they await placement later this summer in their final ACA plans. Additional costs carrying over into fiscal 2015 will have to be monitored and will depend on how quickly subscribers can be transitioned into permanent insurance plans, Shor said.

Officials offered updates on enrollment and reported progress being made since the last hearing to eliminate the backlog of paper applications and reduce call-center wait times for consumers seeking assistance with enrollment.

Kristen Thorn, director of MassHealth, also said MassHealth has begun implementing a provision of the ACA that allows hospitals to presumptively enroll patients in MassHealth who appear eligible until their full application can be processed. Thorn said this program should help reduce the burden on the Health Safety Net and community hospitals that serve a disproportionate share of patients for whom they do not receive compensation.

In the midst of questioning from the committee, Farley-Bouvier, of Pittsfield, asked about the number of people who might have been affected by lapses in data security through the Connector’s enrollment website.

But when Shor responded that no one to the administration’s knowledge has been affected by identity theft, Farley-Bouvier said she had information to suggest that might not be true. Shor asked Farley-Bouvier to elaborate so that he might respond, but the representative said she would follow up privately out of concern for publicly revealing someone’s identity. “I’m not talking about a major data breach,” she said.

Farley-Bouvier could not be reached for comment after the hearing, and Shor said he intended to follow up with her immediately.

Shor also addressed the costs of building out the Connector website, which has been paid for largely through federal grants. The state received $174 million from the federal government to build its site, and has spent only $57 million to date, including $17.3 million on a $69 million contract to the vendor CGI who has been fired from the project.

Negotiations with CGI to end their contract are ongoing, officials said. Rep. David Rogers, a Cambridge Democrat, urged those involved in the contract talks to seek repayment of direct damages caused by CGI’s failure to deliver a functioning website before considering whether to waive the state’s rights to sue as part of a settlement.

The Connector separately received $125 million for other projects related to the transition to Affordable Care Act compliance, of which $43 million has been expended. Neither of those two federal revenue sources can be used to pay for the services of Optum, which was hired to help fix the enrollment website. Optum has billed the state for roughly $16 million in services over February and March, and Shor said the state is in the process of seeking additional federal grants to pay for those services.

Sarah Iselin, special advisor to Gov. Deval Patrick in charge of the fixing the Connector website, said she intends to travel to Washington D.C. in two weeks to meet with officials from the Centers for Medicare and Medicaid Services to discuss both options for fixing the website, which include rebuilding portions of the site or trying to purchase existing technology from another state or the federal government to plug into the Massachusetts system.

“We need to ensure they are confident about the viability and pragmatism of our plan for the fall,” Iselin said.

The state intends to seek an additional extension from CMS to continue Commonwealth Care and transitional coverage through September 30, by which time Iselin said she hopes to have all subscribers transitioned to their permanent insurance plan.

Rep. Marjorie Decker, a Cambridge Democrat, raised her concerns about what will happen once Iselin leaves her role in late April or early June to return to her job at Blue Cross Blue Shield, from which she took a leave of absence to oversee the website fix. The lack of a single manger with responsibility for oversight at the beginning of the project has been cited as a contributing factor to the website’s underperformance.

Iselin and Polanowicz said the governor is committed to ensuring that there is a single point of authority reporting to him once Iselin leaves, though she said she could not yet provide them with any names of who might replace her. The state’s Chief Information Officer William Oates has also been given an enhanced strategic role in seeing the project through to completion.

Shor said that officials knew the path to expanding access to health insurance would be full of “peaks and valleys” and admitted to “false starts” with the enrollment website, but said the administration is committed to seeing it through. “That commitment remains unshakable,” he said.

-

William Brannigan, 55, whose address is listed as homeless, pleaded guilty on Monday in Franklin Superior Court on charges of failure to register as a sex offender in Montague and Greenfield and misleading a police officer.

Associated Press [file] 

GREENFIELD — William Brannigan, 55, whose address is listed as homeless, pleaded guilty on Monday in Franklin Superior Court on charges of failure to register as a sex offender in Montague and Greenfield and misleading a police officer.

Brannigan has been classified as a Level 3 sex offender by the Massachusetts Sex Offender Registry Board by virtue of his conviction in 2008 in Greenfield District Court for two counts of indecent assault and battery on a person 14 or older.

He was sentenced by Judge Mary Lou Rup to 4½ to five years in state prison, to be followed by five years of probation, during which time he must undergo sex offender treatment.

The proposal before the Chicopee City Council calls for all carts to be locked if the store is closed.

CHICOPEE — The City Council is planning to require owners of supermarkets and department stores to keep their shopping carts on their own property or face a $75 fine for every cart that has to be picked up by the city.

Members of the Council started drafting the ordinance nearly two years ago in response to residents' complaints about Wal-Mart and other large stores on Memorial Drive creating excessive litter, including plastic bags and shopping carts.

"We are just trying to get a handle on this," said Councilor James K. Tillotson, who explained it was not easy trying to craft an ordinance to keep shopping carts off city streets.

The Council took a first reading on the proposed regulation Tuesday and sent it to the ordinance subcommittee for a public hearing. The vote was 13-0.

"For anyone who does not retrieve their carts within 24-hours, it will be picked up and you will be fined $75," Councilor Timothy S. McLellan said, explaining the basic idea of the proposal.

If adopted, all stores will be required to identify their carts with a permanent sign and will be required to keep them on their property. Each store must also have a sign posted explaining carts cannot be removed from the property.

If the city receives a complaint about a cart outside the property, they will inform the store which will have a day to pick up the cart. After that the Department of Public works will collect the cart, store it at the city garage and fine the business $75 for each one they collect.

The proposal calls for all stores to create a system that prevents people from removing the carts from their property. It also calls for them to be locked at times when the store is not open.

"I think this is a good step forward but it has to be enforced," Councilor Adam D. Lamontagne said, asking about what techniques will be used.

Tillotson agreed any law will be ignored if it is not enforced and said the Department of Public Works agreed to pick up the carts. All supermarkets and other major department stores are also being notified of the proposed regulation.

Councilor Shane D. Brooks said he does not see a problem with enforcement once the ordinance is in place. In Holyoke there is a similar ordinance and there is at least one person who has a pick-up truck who collects stray carts and sells them back to stores.

The ordinance committee meeting has not been scheduled yet.

The debt-funded spending on bridges, bike paths and rail extensions will require roll call votes by both chambers before reaching the governor’s desk.

BOSTON — With only a few members present, the House and Senate on Tuesday accepted a compromise $12.7 billion transportation bond bill that legislative negotiators released Monday night.

The debt-funded spending on bridges, bike paths and rail extensions will require roll call votes by both chambers before reaching the governor’s desk.

Patrick administration transportation officials are eager for it to become law with about 130 MassDOT projects on hold while officials await the spending authorization.

The bill could reach Gov. Deval Patrick’s desk as early as Thursday, a little more than a week ahead of the deadline for state candidates to file nomination papers with local clerks.

Speckled with earmarks for everything from $100,000 for intersection improvements to Worcester’s Tronic Square to $100 million in mitigation along the South Coast Rail corridor, the transportation bond bill could serve as a political goody-bag of pet projects for incumbents to show off in their re-election efforts.

While serving up billions for public transit spending, the bill also doubles the fines for fare evasion on the MBTA raising them to $100 for a first offense; $200 for a second offense; or $600 for third and subsequent offenses.

House Transportation Chairman William Straus initially gave the bill a $13 billion price tag, but an aide said he had rounded up.

Bond bills authorize spending, but it is ultimately up to administration whether to move forward with projects funded in the bill.