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Ludlow selectmen considering increasing number of liquor licenses in town

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Gov. Deval Patrick has proposed to eliminate the cap on liquor licenses.

LUDLOW – Selectmen held a public hearing Tuesday night to hear whether there is support for increasing the number of liquor licenses in town.

Lena Rodrigues, owner of the Pop ‘n Cork liquor store, said in her opinion the town has plenty of package stores and restaurants with liquor licenses.

Rodrigues said, “I worked hard, and it took me five years to get a full liquor license.”

She told selectmen they “should not fix something that is not broken.”

Gov. Deval Patrick has proposed to eliminate the cap on liquor licenses in communities around the state. Currently, the liquor licenses are issued based on population. There is a total of 36 liquor licenses in Ludlow.

Tony Tavares, owner of the Villa Rose Restaurant, said restaurants are facing a lot of price increases because the price of beef has gone up.

Tavares said he does not want to see the number of liquor licenses for restaurants increase in town.

Selectman William Rooney said there has been no clamoring in town for additional package store licenses.

Rooney added, however, that Westmass Area Development Corporation which is developing the Ludlow Mills has a restaurant planned for the old Ludlow Mills.

Rooney said that if no liquor license were available, he would consider expanding the number of licenses “at least by one” for the Ludlow Mills.

Rooney said that Quincy Market in Boston would not have developed into what it is today if restaurants there had not been granted liquor licenses.

“We are trying to encourage development at the Ludlow Mills,” Rooney said. He said additional development will reduce the tax burden in town.

“I prefer development to vacant property,” Rooney said.

Selectman Aaron Saunders said his goal is for the town to grow, but he said he does not want to displace current businesses.

Selectman Carmina Fernandes said restauranteurs in town could benefit from additional restaurants opening in town.

Ludlow has some good restaurants, Fernandes said. She said additional good restaurants could bring more restaurant patrons to town.

Police Chief Paul Madera said he is against the addition of any package store licenses in 24-hour convenience stores.

Madera said there are stop and go stores in the South at which patrons can buy liquor at drive-up windows. Madera said he would not be comfortable with selling liquor from drive-up windows in town.

Fire Chief Mark Babineau said he would not like to see the expansion of liquor licenses hurt existing businesses which are not making huge profits in this economy, but are “scratching out a living.”

Selectmen were asked what they plan to do regarding a next step for liquor licenses.

“Maybe nothing,” Selectman Brian Mannix said.


Chicopee motorcycle driver injured in crash

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Sheridan Street remains closed while police investigate the accident.

CHICOPEE – A motorcycle driver was seriously injured in a crash with a car Tuesday night.

The accident happened at about 7:30 p.m. at the corner of Sheridan Street and Celebration Circle, Police Lt. Donald Strange said.

Officers for the traffic bureau are on the scene investigating the circumstances of the accident. Sheridan Street from the rear of Walmart past Celebration Circle is closed because of the investigation. It is not known when it will reopen, Strange said.

The victim was brought to the hospital by ambulance. He suffered a serious leg fracture. Strange did not know of other injuries immediately.


Masslive will update when more information becomes available.

 

Holyoke City Council approves sale of former Lynch School to Florida developer for $750,000

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The vote means Lynch will not be returned to the school for pre-K classrooms.

HOLYOKE -- The Holyoke City Council voted 9-6 Tuesday to let Mayor Alex Morse sell the former John J. Lynch Middle School to a Florida developer for $750,000.

Frontier Development's proposal, “Holyoke Commons," is for a 25,000 square foot retail complex with three or more tenants at 1575 Northampton St., a site directly off Interstate 91's exit 17. The current school building would be torn down.

Tuesday night's vote means Lynch will not be restored to the school department for use as pre-kindergarten classrooms. The May 5 request from the School Committee came hours before bids from developers were set to be opened.

School Superintendent Sergio Paez has since said he is willing to find other spaces to enact his plan to expand early childhood education in the city. Morse said Tuesday he is committed to working with Paez to meet that objective.

Morse said the sale would be contingent upon the developer procuring a zone change to highway business. The site is currently zoned single-family residential. A zone change will require support from two-thirds of the 15-member city council, or ten votes.

The building stopped being used for a school in 2008. In August 2010, the School Committee voted 5-3 to surrender Lynch to the city for redevelopment, but attempts to find a developer for the site failed.

Morse has been a proponent of selling the former school building and returning the property to the tax rolls.

The special council meeting was scheduled because the body is on summer break and would otherwise not meet until Aug. 5. On June 30 the council's five-member Development and Government Relations Committee voted unanimously to recommend the sale of the site.

At Tuesday's full council meeting, voting in favor of the Lynch School sale were councilors Kevin Jourdain, James Leahy, Gladys Lebron-Martinez, Rebecca Lisi, Joseph McGiverin, Peter Tallman, Jossie Valentin, and David Bartley.

Opposed were Jennifer Chateauneuf, Howard Greaney, Todd McGee, Anthony Soto, and Linda Vacon.

 

Russell's Noble View Outdoor Center to host veterans hiking Appalachian Trail

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The Warrior Hike Walk Off The War Program is an outdoor therapy project supporting combat veterans transitioning from military service.

RUSSELL - Appalachian Mountain Club's Noble View Outdoor Center and VFW Post 6645 will host seven veterans participating in the Warrior Hike "Walk Off The War" program July 22.

Hikers will be treated to dinner, showers and sleeping in real beds after spending the past 19 weeks hiking the Appalachian Trail. Hikers will arrive at Noble View, located at 635 South Quarter Rd. at about 4 p.m.. The VFW will serve dinner at 6:30 p.m. followed by a recognition ceremony set for 7:30 p.m. at the post home.

The Warrior Hike Walk Off The War Program is an outdoor therapy project supporting combat veterans transitioning from military service.

The program dates back to 1948 when World War II veteran Earl Shaffer told a friend he was going to "walk off the war" and then became the first person to hike the entire length of the Applachian Trail from Georgia to Maine, a total of 2,185 miles.

It provides veterans with the equipment and supplies necessary to complete the six-month hike. The program also coordinates town support along the way and then assists veterans with future employment opportunities.

Making the trek are veterans Matthew Donnelly, of Atlanta, Ga.; Cosmo Brown, Pittsburgh, Pa.; Jamey Pierson, Elmira, N.Y.; Todd Rogers, Brockport, N.Y.; Jesse Swensgard, Cincinnati, OH.; Cecil Thayer, Canton, OH. and Calvin Hall of van Alstyne, TX.

 

Anti abortion group urges Massachusetts lawmakers to move cautiously in altering security rules around clinics

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In a letter sent to all House and Senate members, Massachusetts Citizens for Life expressed concern about legislation being crafted "that in all likelihood will lead to more litigation.

By STEVE LeBLANC

BOSTON — Massachusetts lawmakers should proceed cautiously to avoid future lawsuits as they consider altering security rules around abortion clinics in the wake of a recent U.S. Supreme Court ruling, a group that opposes abortion said Tuesday.

In a letter sent to all House and Senate members, Massachusetts Citizens for Life expressed concern about legislation being crafted "that in all likelihood will lead to more litigation," because it could infringe on the rights of anti-abortion protesters to use public sidewalks to speak with or distribute literature to women entering a clinic.

In last month's unanimous decision, the high court struck down the state's 35-foot buffer zone law, deeming it a restraint on the free-speech rights of anti-abortion protesters.

Attorney General Martha Coakley and Gov. Deval Patrick have said a bill was being prepared that would address the concerns of the justices, with the hope it could be approved before the legislative session ends July 31.

The specifics of the proposal have yet to be announced, although Coakley has said one option would be to give police more power to disperse crowds. Operators of the clinics, which also offer services other than abortion, have pointed to past efforts by some protesters to block entranceways.

The bill could be filed this week.

In their letter, leaders of Massachusetts Citizens for Life said the buffer zone law, passed seven years ago, also came with assurances that it would stand up in court.

"As you consider voting on the attorney general's new proposal, please think carefully as to whether or not the latest version will pass constitutional muster. Remember, she convinced you before that her bill would do so, and she was dead wrong," the letter stated.

Coakley reiterated her intention to protect access to clinics while respecting the rights of protesters.

"Women deserve to be able to access their constitutional right to reproductive health care free from intimidation and threats," she said in a statement.

Later Tuesday, Coakley and other public officials and abortion rights activists spoke before hundreds of protesters at a rally on Boston City Hall Plaza.

"Let's just not get angry, let's get even," Coakley told the crowd. "Massachusetts is pro-choice and we will continue to be pro-choice."

Boston Mayor Martin Walsh also spoke at the rally, where he was joined by Salem Mayor Kim Driscoll, Gloucester Mayor Carolyn Kirk, Fitchburg Mayor Lisa Wong and Newburyport Mayor Donna Holaday.

Walsh said municipalities still have laws that can help protect women entering clinics.

"We're going to make sure in our cities and towns that we enforce our own laws to make sure that women have the right to safe health" care access, he said.

Coakley said the bill could also help guard access to driveways leading to clinics and could adopt on a state level some of the protections included in the federal Freedom of Access to Clinic Entrances Act.


Associated Press writer Bob Salsberg contributed to this report.

New York City police arrest mother of baby left in Manhattan subway station

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Frankea Dabbs, who faces charges for petty crimes in North Carolina, was arrested near Central Park after someone recognized her from the video released by police.

By TOM HAYS

NEW YORK — Security video showed nothing amiss when Frankea Dabbs — wearing dark glasses, pushing a baby stroller and pulling a rolling suitcase — entered a busy Manhattan subway station Monday night.

But after riding uptown to another stop, police say Dabbs purposely left her most precious possession behind on the subway platform: her baby girl.

Dabbs, 20, who faces charges for petty crimes in North Carolina, was arrested near Central Park on Tuesday after someone recognized her from the video released by police.

She was arraigned Tuesday on charges of abandoning a child and endangering the welfare of a child and is being held without bail. No plea was entered. Her next court date is July 11.

At the arraignment, prosecutors said Dabbs was a flight risk and showed no remorse. A public defender argued on Dabbs' behalf that Dabbs was never convicted of any crime.

In a preliminary interview with detectives, Dabbs described herself as a homeless widow from North Carolina who had arrived in New York on July 2, said Stephen Davis, spokesman for the New York Police Department.

"She felt she couldn't take care of the baby and thought she was leaving her in a safe public space," Davis said.

A passenger had seen the woman and child board the train at 42nd Street and Seventh Avenue, police said. The passenger got off at Columbus Circle and noticed the unattended stroller on the platform and the mother inside the train. After the train pulled away, the passenger remained with the baby for about 20 minutes. When the mother did not return, she notified a subway worker who called police.

The baby, who is about 10 months old, was examined at Roosevelt Hospital, and doctors found no apparent signs of trauma, police said. She was placed in the care of the city's Administration for Children's Services.

Records show that Dabbs has a pending assault case and numerous prostitution-related arrests, all misdemeanors, in Raleigh, Charlotte and other locations in North Carolina. She had skipped a court date for one of the cases on July 1, according to the Wake County District Attorney's office.

A 2012 police report in Raleigh listed her as owner of a stolen 2002 Mercedes. Another named her as the victim of an assault that year.

In an interview with WRAL-TV in Raleigh, Frankie Dabbs called his daughter a good mother, saying he was "blown away" by the accusations. She recently left the state without telling anyone after her baby's father's death, he said.

"I think it's because she had a tragic past. ... She was holding all of that in," he said.

Associated Press writers Michael Biesecker in Raleigh, N.C., and Rachelle Blidner in New York contributed to this report.

Damaged stained glass windows at Holyoke City Hall shipped to Boston for restoration

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The windows date from 1876 and designed by Samuel West, who predated Tiffany.

HOLYOKE — Two historic stained glass windows suffering from wear and tear have been removed from Holyoke City Hall and are on their way to the Boston area for restoration.

The windows are among 13 that grace the building's second-story auditorium — also known as the City Hall Ballroom — and its front and rear foyers.

Tuesday a crew under the quiet command of stained glass restoration consultant Julie Sloan carefully removed the two 19th-century windows and prepared them for shipping. The tall, empty spaces, topped with gothic arches, were to be boarded up with plywood. They will stay that way for another couple of months until the windows are restored and returned.

"They'll be completely taken apart. The lead will be replaced, missing glass replaced, and broken glass glued back together and cleaned," said Sloan, a North Adams resident who's been consulting on stained glass restoration for 30 years.

The windows date from 1876 and were designed by Samuel West, a stained glass manufacturer in Boston who predated Tiffany, said Jeffrey C. Bianchine, the city's creative economy director.

Holyoke's massive City Hall at 536 Dwight St. was built between 1871 and 1876 and was meant to display Holyoke's prosperity and civic pride, said Bianchine.

"They wanted to show reverence for city government, but also for the wealth that was being generated in Holyoke at the time. The rumor was the clock tower was built so tall so Boston could tell what time it was," said Bianchine.

The windows depict six secular goddesses of agriculture, water power, art, commerce, music, and industry, with a seventh Goddess of Liberty on the gable in the front foyer, said Bianchine. The figurative windows alternate with symmetrical patterned windows.

The two windows being restored are the most damaged, and depict goddesses of music and industry.

Sloan said the windows are significant because they're sophisticated for their time.

"The stained glass business was pretty rudimentary in 1876," said Sloan. "Ten years later you'd have Tiffany come into the business, and stained glass took a big leap forward."

She said for time period, the windows were stylish and even "cutting edge." They reflected the industries of Holyoke, she said, and were influenced by the decorative work of Christopher Dresser, a pivotal figure in the Aesthetic Movement.

"They were the height of fashionability at the time, and put Holyoke City Hall on the map," said Sloan.

The windows are heavily painted, she said, so don't show much color when light isn't shining through them: "The colors are in the glass, but all the decorative detail — the flower shapes, the figures — were painted on using black paint and fired onto the surface."

Sloan said the paint is missing on some pieces because they are replacement pieces from the 1970s.

The restoration work is funded by a Massachusetts Historical Commission grant of $65,000 matched dollar-for-dollar by the Holyoke Public Library. The grant application was spearheaded by Department of Public Works chief William Fuqua, said Bianchine.

Bianchine said a City Hall Restoration Committee is working with the Holyoke Area Chamber of Commerce Foundation to raise money to eventually restore all the windows.

Bianchine said his hope is the City Hall Ballroom, which needs heat and air conditioning to be fully-functional, will eventually serve as a key resource for the community.

Holyoke's City Hall, built in the Gothic Revival style, was listed on the National Register of Historic Places in 1975.

Longmeadow Town Manager Stephen Crane says repeal of casino gambling law would not require reconsideration of town budget

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Under the terms of an agreement with MGM chosen by arbitrators, Longmeadow is set to receive a lump payment of $850,000, then subsequent annual payments of $275,000, to mitigate the costs created by a Springfield casino.

Stephen Crane mug 2013.jpgStephen Crane 

LONGMEADOW — Longmeadow Town Manager Stephen Crane, in response to a question on the matter, has offered his thoughts on the effect of the Massachusetts' Supreme Judicial Court's recent decision to allow state voters to decide the legality of casino gambling on the November ballot.

Here is his statement, reprinted in full.

"The Town will be receiving the reimbursement for legal and consulting costs incurred during the surrounding community agreement process. That reimbursement is separate and apart from the mitigation funds. The town did not include those funds in its FY2015 budget for two primary reasons: the budget was printed in the Town Meeting warrant prior to the arbitration award and the MGC has been clear that the funds can only be used to mitigate impacts related to the casino operation. Knowing that there was a possibility that the the referendum would be on the November ballot, the Town chose to keep those funds, and the uses of them, out of the budget.

"If the ballot initiative repeals the Gaming Act, the town does not have to take any action that I am aware of."

Under the terms of an agreement with MGM chosen by arbitrators, Longmeadow is set to receive a lump payment of $850,000, then subsequent annual payments of $275,000, to mitigate the costs created by a Springfield casino.

Two members of the Longmeadow Select Board, Alex Grant and Mark P. Gold, shared reactions to the court's decision earlier this month.


NYC threatened by crashing, hovering and potentially spying drones, say police

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One private drone crash-landed in midtown Manhattan. Another caused alarm by hovering over Times Square amid tight security during Super Bowl week. Most recently, authorities say, another had a close brush with a police helicopter near the George Washington Bridge.

By TOM HAYS

NEW YORK — One private drone crash-landed in midtown Manhattan. Another caused alarm by hovering over Times Square amid tight security during Super Bowl week. Most recently, authorities say, another had a close brush with a police helicopter near the George Washington Bridge.

Even though it's illegal to fly the devices just about anywhere in New York City without permission, the incidents and breathtaking videos of Manhattan's steel-and-glass canyons and sweeping skyline photos suggest that the restrictions are being widely flouted.

Police are concerned that the increasing popularity of drones in such a tightly packed metropolis could carry significant risks, even becoming a potential tool for terrorists to conduct surveillance or carry out attacks.

"So far, we haven't seen anything sinister with this," said John Miller, the NYPD's deputy commissioner of counterterrorism. But, he added, "People with enough money and time on their hands are going to buy them and see what they can do with them."

031214_drone_nyc_copy.JPG This March 12, 2014, file photo, shows a New York City police officer telling Brian Wilson, right, to land the drone that he was flying over the scene of an explosion that leveled two apartment buildings in the East Harlem neighborhood of New York.  

Drone buffs say the futuristic doomsday scenarios are far-fetched.

"A motor vehicle or a bicycle could just as easily be used to do something nefarious," said Steve Cohen, a professional photographer who owns a small fleet of drones and organizes meetings for enthusiasts.

Sales appeared brisk on Wednesday at B&H Photo Video in midtown Manhattan, where models include palm-size mini-helicopters that sell for less than $100, four-rotor models selling for about $1,300 and eight-bladed "octocopters" that go for more than $6,000. All can be equipped with high-definition video cameras, and some models allow the pilots to see the footage live from the ground.

B&H wouldn't talk about its sales figures, but salesman Fred Hoffman "guesstimates" that about one in 10 people who come in to his consumer video department are looking for drone cameras.

Federal Aviation Administration rules permit people to fly unmanned aircraft for recreation at altitudes up to 400 feet as long as pilots keep their aircraft within sight. The agency is working on regulations regarding commercial flights, which are generally banned under current rules.

A New York City man learned last year that pilots also must get official clearance to fly within 5 miles of an airport or anywhere in New York City airspace, unless taking off and landing in designated "flying fields" in city parks.

The FAA fined the man $2,200 for flying a quadcopter off a Manhattan building in a "careless and reckless manner." The drone glanced off two other buildings before crashing just south of Grand Central terminal near a pedestrian.

In January, police were alerted to a low-flying drone over the Super Bowl street fair. It was traced to a fashion firm that was using it to shoot a commercial.

Police intervened in March after a videographer flew his drone over the rubble of two East Harlem apartment buildings that were destroyed by a gas explosion, even as searchers still looked for victims.

The most serious encounter came Monday, when a crew member of an NYPD helicopter on patrol at 2,000 feet spotted a flying object headed in its direction. According to police, the chopper had to change course to avoid a collision.

The helicopter followed the drone until the crew saw it land on top of a van on a street corner, where its owner and another man with a second drone were arrested on charges of reckless endangerment. Their lawyer denied the drones could reach that altitude and compared his clients' behavior to flying a kite.

Cohen's group discourages drone pilots from flying in urban settings to avoid putting people or property at risk. Most drone owners are tech junkies who fly the aircraft for fun at low altitudes in remote areas on private property, or for film or other commercial projects that operate with permits.

"There's going to be people who do stupid things," he said, "but most of us are very smart and responsible."

Concerns aren't limited to New York.

A drone flying over a Los Angeles Kings game victory party was attacked by revelers who threw stuff at it until it fell. Two weeks ago, beachgoers complained that someone was flying a drone over Venice Beach, but the man packed up and disappeared as soon as officers arrived to investigate.

Los Angeles imposes no limits on drones for personal use outside of parks. Because state law specifically defines aircraft as "manned" flying objects, police can't regulate even reckless or careless use.

"We're looking to work with our governmental liaison unit to see if maybe we can change that wording to get in front of this, so that we can say aircraft that's unmanned or manned," said police air support division Lt. Phil Smith. "All these things are pretty fluid. At this point if we get complaints, we forward them to the FAA because it's not a crime."

In Chicago, where there's no ordinance regulating drone use, Alderman Scott Waguespack is seeking restrictions to protect personal privacy. He has proposed an ordinance restricting public and private use.

"When I was a kid, we used to have little rockets. Now you have the capabilities to do what the police can do: watch people or watch events," Waguespack said. "It leaves the door open to people doing whatever they like."

Wilbraham selectmen to take up filling the town administrator position

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Weitz said he would like to retire in September or October.

WILBRAHAM – At its next meeting the Board of Selectmen plans to discuss appointing a Search Committee to find a new town administrator.

Town Administrator Robert Weitz has announced that he wants to retire in September or October.

At the next meeting selectmen will discuss the makeup of the Search Committee, Selectmen Chairman Robert Russell said. The Board of Selectmen next plans to meet on July 28.

Russell said that the three members of the Board of Selectmen should forward recommendations of who they would like to see serve on the Search Committee.

The Search Committee which recommended Weitz for the job was comprised of eight members, Selectman Susan Bunnell said.

Bunnell, the former chairman of the Finance Committee before she was elected to the Board of Selectmen in May, served on the Search Committee which recommended Weitz for the job.

Weitz has been town administrator for the past seven years.

Before coming to Wilbraham, Weitz was town administrator for the town of Sheffield for 15 years. Weitz also served as a selectman in the town of West Brookfield.

Massachusetts moves to improve access to medical marijuana in WMass and other regions

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Speaking to concerns about equal access to medical marijuana for residents across the state, the Department of Public Health on Wednesday outlined the process for selected companies to bid on provisional licenses in seven counties that do not currently have an approved dispensary.

BOSTON — Speaking to concerns about equal access to medical marijuana for residents across the state, the Department of Public Health on Wednesday outlined the process for selected companies to bid on provisional licenses in seven counties that do not currently have an approved dispensary.

Karen van Unen, director of the state’s medical marijuana program, and her team announced that the DPH anticipated awarding new provisional licenses in October. The department in June selected 11 applicants for provisional medical marijuana dispensary licenses, leaving residents in Berkshire, Hampden, Franklin, Bristol, Suffolk, Nantucket and Dukes counties without access to a dispensary in their county.

Five highly scored applicants that were not selected in the first round of licensing were invited to reapply for a license in any of the seven unrepresented counties. Those groups were Coastal Compassion, the Haven Center, Mass Medicum Corp, and Patriot Care, who has been invited to apply for two licenses.

“You’re literally picking up where you left off,” van Unen told representatives of Coastal Compassion in response to a question about scoring the applications. Scores during the first phase of the application process will be carried over to this process, with the exception of vetting the new proposed locations and local support.

Under the timeline outlined Wednesday, applicants will have until Aug. 29 to submit their final applications, though they can begin turning in applications on Aug. 1. Each applicant has been invited to apply for a license in up to two new locations, though the proposed dispensaries must be located in different open counties and each applicant, with the exception of Patriot Care, is only eligible for one license. Marijuana cultivation centers, which are sometimes separate from the dispensary, do not have to be located in an open county.

Even with this second round of licensing this year, officials acknowledged that at least two counties will be without a medical marijuana dispensary. The department anticipates opening a fresh round of bidding next year when all groups will be invited to apply. The voter-approved law legalizing medical marijuana in Massachusetts authorized DPH to award up to 35 dispensary licenses.

Tim Keogh, the CEO of Coastal Compassion, said his company, which bid for a dispensary license in New Bedford, would continue to eye the South Shore as a possible location. Though Coastal Compassion encountered local opposition ary in New Bedford, he said there were “some indicators of support” for a cultivation site in the city that they would continue to explore as they look for a new dispensary location “from Fairhaven to Seekonk.”

Asked if the remaining applicants might try to coordinate their bids to maximize their chances of being successful, Keogh said, “There’s been some fairly open conversation about where people are looking.”

James Kurnick, an immunologist and cancer researcher at Massachusetts General Hospital and the chief executive of Mass. Medicum Corp., said his group was actively looking at sites in Boston for a dispensary after the city and Suffolk County were shut out during the first round.

Several applicants for dispensaries in Boston ran into trouble after making false claims about local support, and Kurnick said his group would be sensitive to that fact and careful to do the community outreach necessary to build support and ease concerns about a dispensary. Mass. Medicum has not yet settled on a location, according to members of their team.

“We’d like to start with a clean slate,” Kurnick said. Mass. Medicum Corp. initially applied to open a dispensary in Holbrook.

Kurnick said his group’s application is unique in many ways from other competitors because of the prevalence of medical professionals in their leadership team and plans to have a full-time pharmacist on staff. “We feel our group has a medical focus that maybe other groups don’t,” he said.

The five applicants have until July 18 to submit questions to the Department of Public Health about the application process, after which point the department will post their responses online by July 25.

Charlie Baker: Probation trial exposes 'insider activity' of Beacon Hill Democrats; Massachusetts bottle bill expansion a 'money grab'

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Republican gubernatorial candidate Charlie Baker on Wednesday called the proposed expansion of the bottle redemption law a “money grab” by the state, and said the ongoing trial of former top probation officials on charges of bribery and racketeering exposes the risks of one-party rule on Beacon Hill.

By MATT MURPHY

BOSTON — Republican gubernatorial candidate Charlie Baker on Wednesday called the proposed expansion of the bottle redemption law a “money grab” by the state, and said the ongoing trial of former top probation officials on charges of bribery and racketeering exposes the risks of one-party rule on Beacon Hill.

Baker, the frontrunner to win the Republican nomination in September, paid a visit to the State House press corps on Wednesday after visiting the Brooke Charter School in Boston’s Roslindale neighborhood.

Ostensibly hoping to discuss his support for legislation lifting the cap on charter school enrollment, Baker held forth on everything from the Supreme Court’s recent decision on employer-mandated health coverage of contraception to Attorney General Martha Coakley’s recent swipe at the governor’s management.

Baker, who is running against the Tea Party’s Mark Fisher, has been under fire from conservative elements of the Republican base for early support of Speaker Robert DeLeo’s gun control bill. Though the bill being debated in the House on Wednesday underwent significant revisions, Baker said it still appears to touch on his priorities and he is not worried about angering gun owners.

“My big three all along has been some connection between the mental health system and the background check system, more serious penalties for crimes committed with a gun and a real focus on illegal trafficking, which is a huge problem across the Commonwealth from one end to the other. The press reports I have read indicate there are components of all three of those in the bill, but I would like to read the bill before I render a final opinion,” Baker said.

Asked about alienating a fragment of his base, Baker said, “My support is pretty broad-based and I think will continue to be. I’m not worried about that.”

Targeted by Democrats in 2010 for his role in financing the Big Dig, Baker also said he was not worried about the indictment of former Big Dig chief James Kerasiotes on federal tax evasion charges drawing the issue back into the news.

“If people want to talk about stuff that happened in the last century, so be it. I think it’s just an indication they don’t have anything to say about where we stand today or how we’re best suited to move forward as a Commonwealth,” Baker said.

DeLeo issued a forceful rebuttal on Wednesday to allegations being made in federal court by prosecutors that he was engaged in a scheme to trade legislative favors for jobs in the probation department that he could use to win votes for his bid to become speaker.


While DeLeo hasn’t been charged and Baker said he can’t speak to the details of the case against probation officials, he said he has taken a broader message from the trial that more Republicans are needed on Beacon Hill.

“If you just follow these reports, it’s pretty clear that a bunch of people got jobs that they probably weren’t qualified for. In fact they definitely weren’t qualified for, and I think it’s just a classic example of why you shouldn’t have one-party government. One-party rule on Beacon Hill leads to this sort of insider activity and you don’t have the public accountability and checks and balances that makes government work.”

Baker, who along with his running mate Karyn Polito supported the state’s 2007 abortion clinic buffer zone law, said he believes officials are right to pursue a “fix” after the Supreme Court voided the law on First Amendment grounds, and said if he were governor he would gather the opposing sides for a discussion about how to proceed.

On the Supreme Court’s recent Hobby Lobby decision finding that some companies to object on religious grounds to paying for contraception coverage of employees, Baker said, “The good news is Massachusetts won’t be affected by the Hobby Lobby decision because Hobby Lobby doesn’t change any of the state laws we have here, which I think is great.”

Baker declined to offer his opinion on the decision more broadly. “It doesn’t matter. What I care about is Massachusetts, and for Massachusetts it doesn’t change a thing,” he said, arguing that the employer mandate in Massachusetts works.

The Swampscott Republican has been vocal about his support for a ballot question that seeks to decouple future increases in the gas tax from inflation, but on Wednesday he said he would oppose another ballot question to expand the state’s bottle redemption law to include water and sports drinks.

Citing his support for curbside recycling programs, Baker said, “I view the bottle bill expansion as mostly a money grab by the state and I think there are far better and less expensive ways for us to continue to recycle and to be effective.”

While Gov. Deval Patrick has repeatedly pushed in budget proposals to expand the bottle bill, House Democratic leaders have rejected the idea and the ballot question is being pushed by environmental advocates.

On the issue of charter schools, Baker urged lawmakers to come together before the session ends to lift the cap on enrollment in charter schools. A bill authorizing a limited increase in a few communities has already cleared the House.

“I view this one as sort of a gut check time for all my opponents and for the Legislature,” Baker said, reflecting on the stories parents shared with him at the Brooke Charter School. “This is an opportunity for them to do what’s right for the kids in cities in Massachusetts and to give them the type of proven options that have demonstrated they can make a real difference. When you talk to these moms there’s an urgency that borders on desperation in their voices.”

Baker said he was “dismayed” by a recent vote of the Board of Elementary and Secondary Education to change the formula used to determine which schools are the lowest performing, and thereby eligible for state supports and more charter school seats. The board voted to count student improvement in overall scores, but Baker said many urban centers will be disqualified based on marginal improvement in student performance.

Baker also declined to take sides between Gov. Deval Patrick, who he ran against in 2010, and Coakley, who he is running against now, after Coakley said this week that the drug lab evidence tampering scandal and the New England Compounding Pharmacy debacle would not have happened on her watch. Patrick dismissed the criticism as something “foolish” candidates say on the trail.

“One of the great things about hindsight is it’s always 20/20,” Baker said, before steering the conversation to his position that Patrick and Coakley both erred in fighting a lawsuit filed against the Department of Children and Families by a child welfare group in Baltimore that raised red flags about the agency before the disappearance and death of Jeremiah Oliver on DCF’s watch.


Oregon man shot, killed girl while using gun as crutch; 26 arrested on charges in ensuing investigation

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A total of 26 people have been arrested on weapons, drug and other charges after an investigation that began with the accidental killing of a 5-year-old girl by a Grants Pass man using a military-style rifle as a crutch to get up from a couch, authorities said.


GRANTS PASS, Ore. — A total of 26 people have been arrested on weapons, drug and other charges after an investigation that began with the accidental killing of a 5-year-old girl by a Grants Pass man using a military-style rifle as a crutch to get up from a couch, authorities said.

The investigation uncovered a ring in southern Oregon that specialized in "straw" purchases of weapons, buys designed to conceal the ultimate recipient, the Grants Pass Daily Courier reported.

The man convicted in the girl's killing, Jon A. Meyer Jr., 30, was involved in such a purchase, touching off the investigation revealed Wednesday in a statement from the Jackson County sheriff's office.

Five more people are being sought. The investigation involved federal state and local agencies.

The child, Alysa Bobbitt of Shady Cove, was visiting at a Grants Pass apartment with her mother in June 2013.

Meyer was below in the living room of his apartment when the gun went off, sending a burst of bullets through the ceiling, hitting the girl and seriously wounding a woman.

In a plea bargain with prosecutors, Meyer pleaded guilty in 2013 to manslaughter and other charges and was sentenced to six years in prison.

After Meyer was sentenced, the Daily Courier reported that federal authorities were investigating the background of the rifle, which fired in an automatic mode either because of a malfunction or because it had been illegally tampered with.

The statement from investigators Wednesday said some of the guns purchased by the ring ended up at crime scenes in California. It said two murder plots were uncovered.

During the investigation, authorities seized rifles, handguns and a variety of drugs.

Other charges contained in the state and federal indictments include racketeering, attempted murder, assault and promoting prostitution.

With temperatures rising under climate change, Western Massachusetts summers projected to resemble those in Florida: report

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The average summer daytime temperature in Springfield is projected to increase from around 81 degrees to 91 degrees by 2100. The report only takes into account temperature but not humidity.

By the end of the century, there will no longer be a need for people in Massachusetts to vacation in Florida; Springfield – at least weather-wise – will be like Orlando but without Walt Disney World.

According to a report by Climate Central, which bills itself as an independent organization of leading scientists and journalists researching the impact of climate change, the average summer temperature in 2100 in Western Massachusetts will more closely resemble the average summer temperatures now in Florida.

Specifically the average summer daytime temperature in Springfield is projected to increase from around 81 degrees to 91 degrees. The report only takes into account temperature changes, and not humidity.

The report, posted on the organization’s web page includes a searchable graphic where one can see what select locations will be like in by the end of the century if nothing is done to curb greenhouse gases.

To give you an idea, the title of the report is “1001 Blistering Summers.”

“Summer temperatures in most American cities are going to feel like summers now in Texas and Florida — very, very hot,” said Alyson Kenward, lead researcher of the analysis.

Average summertime temperatures in the United States have been rising since the 1970s, and projections are that they will only increase more as greenhouse gas emissions continue. The report looks at what the climate will be like if nothing is done about the level of emissions.

Much of the Northeast is due to have temperature more closely resembling locations in Florida.
Boston, going from 78 degrees to 89 degrees, is the new North Miami Beach.
Other cities include:


    • Worcester (79 degrees) becomes Kendell, Fla. (88 degrees)
    • Hartford (81) becomes Orlando (91)
    • Portland, Maine (76) becomes Newport News, Va. (86)
    • Albany (80) becomes Kissimmee, Fla (86)

If the Northeast becomes for the most part Florida, what will Florida, or at least the parts of it that remain above sea level, become? The answer would appear to be Texas.

Miami’s temperature is projected to see its temperature rise from 88 degrees to 94, which is the average for the area of Brownsville, Texas.

Brownsville will become the new Tucson, Ariz., with an average temperature of 99, while Tucson is due to see its temperature rise to where it is like what can be found in Abu Dhabi in the United Oil Emirates.

Average daily temperature there is 109.

Interactive graphic from Climate Central.

Los Angeles Clippers owner Donald Sterling vows to fight league until his death, calls wife a pig

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A raging Donald Sterling denounced his wife, her lawyers and the NBA from the witness stand and said he would never sell the Los Angeles Clippers.


By LINDA DEUTSCH

LOS ANGELES — A raging Donald Sterling denounced his wife, her lawyers and the NBA from the witness stand and said he would never sell the Los Angeles Clippers.

Sterling, his voice rising to a shout in an otherwise quiet courtroom Wednesday, vowed to spend the rest of his life suing the league.

Sterling said his wife, Shelly, had deceived him, that she was not capable of understanding the family trust, and that he did not authorize her to strike a deal to sell the team.

He was followed to the witness stand by Shelly Sterling, who declared her love for him, but says she was convinced he needed to be examined for Alzheimer's disease.

As she was leaving the witness stand for the day, she tried to approach her husband in the audience. But he shouted "get away, from me you pig!"

The NBA has moved to oust the 80-year-old Sterling as team owner because of racist remarks he made during a recorded conversation.

The nonjury trial in Superior Court is to determine whether Sterling's wife was authorized under a family trust to single-handedly make the deal to sell the team to former Microsoft CEO Steve Ballmer.


Committee forms to oppose Massachusetts casino ballot question

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The committee's stated goal is to protect the estimated 10,000 jobs it said are associated with the construction and operation of casinos

BOSTON — A new political committee has formed to oppose a ballot question that would repeal Massachusetts' 2011 casino law.

The Committee to Preserve Jobs Associated with Casino Gaming Law filed papers Wednesday with the state Office of Campaign and Political Finance. The committee's stated goal is to protect the estimated 10,000 jobs it said are associated with the construction and operation of casinos.

Opponents of the law, which allows Massachusetts to license up to three casinos and a single slots parlor, collected enough signatures to put the repeal question on the November ballot.

They have their own committee called Repeal the Casino Deal but could face a daunting fundraising challenge as they try to make their case to voters.

Under Massachusetts law, individuals and corporations including casino companies are allowed to give unlimited donations to ballot question committees.

Repeal the Casino Deal reported collecting more than $175,000 last year and ended 2013 with a balance of less than $8,000. Much of the money was spent on its signature-gathering efforts.

In its initial filing, the Committee to Preserve Jobs Associated with Casino Gaming Law reported no contributions.

The pro-casino ballot committee lists as its chairman and treasurer Boston attorney Thomas Kiley of the firm Cosgrove, Eisenberg & Kiley.

One of Kiley's more high-profile clients was former Massachusetts House Speaker Salvatore DiMasi, convicted in 2011 of conspiracy, extortion and theft of honest services by fraud and a bribery charge. DiMasi was a strong opponent of casino gambling.

 

2 Chicopee elementary schools will offer free breakfast to all students

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The program is funded through the state Department of Elementary and Secondary Education.

CHICOPEE - Two more elementary schools will add the state-funded Universal Breakfast program, which grants free breakfast to every child, this fall.

The program will be added at Anna E. Barry and Sgt. Robert Litwin schools. It is already offered at Belcher, Patrick E. Bowe, Gen. John J. Stefanik, James C. Selser and Lamber-Lavoie schools, Superintendent Richard W. Rege Jr. said.

Schools where at least 60 percent of the children are low-income and eligible for free and reduced lunch are eligible for the program. Both schools have slightly over 60 percent of their students falling into that category.

The only two elementary schools which are not eligible for the program are Herbert Bowie and Hugh Scott Streiber, Rege said.

Schools provide the meals and are reimbursed by the Department of Elementary and Secondary Education.

Westfield Homeless Cat Project to hold 4-day adoption marathon for abandoned Southampton, Southwick cats

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The cats will be available for auction Thursday through Sunday from 11 a.m. 7 p.m. at its center on East Mountain Road, Westfield.

WESTFIELD – The Westfield Homeless Cat Project on Thursday will launch a four-day marathon offering cats for adoption in exchange for a donation of any amount.

Cats available for adoption include some found last week in an abandoned trailer in Southampton, according to a spokeswoman for the organization.

Denise Sinico, founder of the cat project, said it is planning a four-day adoption event, Thursday through Sunday, from 11 a.m. to 7 p.m., at it’s location at 1124 East Mountain Road.

The cat project has cats available for adoption that had been rescued recently from inhumane conditions, including 35 cats that were abandoned in Southwick, 11 others that were found last week in a filthy trailer in Southampton, and others in a hoarding situation in Westfield.

“We need to find homes for these cats so that we can help the many more on our waiting list,” Sinico said.

The cats are free to qualified homes that make a donation to the cat project.

All adult cars are neutered or spayed, are up to date on vaccinations, and come with a free bag of cat food.

She said people interested in offsetting the cost of caring for cats under their care may send donations to: Westfield Homeless Cat Project, 1124 East Mountain Road, Westfield, MA 01085.

For additional information, email westfieldhcp@aol.com or call (413) 568-6964.

Severe-thunderstorm alert for Pioneer Valley: National Weather Service

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The storm was reported moving east from Southampton at 30 mph.


SPRINGFIELD - The National Weather Service issued a severe thunderstorm alert for parts of Western Massachusetts and northern Connecticut.

The alert, issued at 9:41 p.m., is in effect until 10:15 p.m.

The alert is as follows:

A severe thunderstorm warning remains in effect until 1015 pm edt For north central Hartford...Hampden...southeastern Hampshire and West central Worcester counties...

At 941 pm edt...doppler radar indicated a line of severe
Thunderstorms capable of producing damaging winds in excess of 60
Mph. These storms were located along a line extending from near
Southampton to hartland...moving east at 30 mph.

These storms have a history of producing wind damage in litchfield
County.

Locations impacted include...
Springfield...Chicopee...Enfield...Westfield...Holyoke...Amherst...
Northampton...Agawam...West Springfield...Ludlow...South Hadley...
Easthampton...Longmeadow...Suffield...East Longmeadow...
Belchertown...Wilbraham...Palmer...Somers And Ware.

Precautionary/preparedness actions...

Go inside to an interior room on the lowest floor of your home or
Business. Drivers should expect poor visibility and avoid flooded
Roads.

Utah to fight gay marriage all the way to U.S. Supreme Court

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Utah is going directly to the nation's highest court to challenge an appellate ruling that gay couples have a constitutional right to marry, the state attorney general's office announced Wednesday.


By BRADY McCOMBS

SALT LAKE CITY — Utah is going directly to the nation's highest court to challenge an appellate ruling that gay couples have a constitutional right to marry, the state attorney general's office announced Wednesday.

If the U.S. Supreme court decides to take the case, it will be the first time the top court considers gay marriage since justices last year struck down part of the federal Defense of Marriage Act.

"It is a milestone that when the Supreme Court reconvenes in October, there will be at least one (gay marriage) petition pending," said Jon Davidson, director of Lambda Legal, which pursues litigation on LGBT issues nationwide.

The high court is under no obligation to the take the case, and it could wait for rulings from one or more of the five other appellate courts with gay marriage cases pending, legal scholars say.

But legal experts predict the nation's top court will consider a gay marriage case sometime in 2015 or later.

Utah's appeal is of a June 25 ruling from a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver, which found states cannot deprive people of the fundamental right to marry simply because they choose partners of the same sex. The 2-1 decision marked the first time a federal appeals court weighed in on the matter. The panel immediately put the ruling on hold pending an appeal.

The Utah case is certain to pique the Supreme Court's interest, but the justices usually look for cases that involve split rulings from federal appeals courts, said Douglas NeJaime, a University of California-Irvine law professor.

The 4th U.S. Circuit Court of Appeals heard arguments about Virginia's ban in early May, and a ruling is expected soon. Arguments are scheduled for August and September in two different courts for cases out of Michigan, Ohio, Kentucky, Tennessee, Nevada and Idaho.

"My best guess it that the court will hang onto this for a while and see what happens," NeJaime said. "There are so many cases now, it will have a pick."

William Eskridge, a Yale University law professor, also doesn't expect a quick decision from the high court. The Supreme Court is under no deadline to make a decision and knows other appellate decisions are coming, he said.

Utah Attorney General Sean Reyes' office said in a statement the appeal will be filed in the coming weeks, to get "clarity and resolution" on the matter. The decision to go directly to the Supreme Court means a review from the entire 10th Circuit Court is off the table, no matter what the high court decides.

Gov. Gary Herbert has said the state already budgeted for a need to defend the law before the Supreme Court. It is expected to cost another $300,000 to have three outside attorneys handle the case — the same amount it cost to take the case to the federal appeals court.

The Supreme Court's landmark ruling last summer allowed married same-sex couples to receive the same federal benefits as other married people, but did not specifically address whether gay marriage is a constitutional right.

Since then, lower courts have repeatedly cited the decision when striking down gay marriage bans. The latest such ruling was Wednesday, when a state judge struck down Colorado's gay marriage ban. That ruling is on hold pending an appeal.

In the Utah case, the 10th Circuit upheld a lower court's decision that overturned a 2004 voter-approved gay marriage ban. More than 1,000 same-sex couples wed in Utah after the ban was struck down and before the Supreme Court issued a stay.

The same thing happened in Indiana, where several hundred same-sex couples married during a two-day window in June. On Wednesday, Indiana state officials said they won't recognize those marriages — the same decision Utah made.

The conservative Sutherland Institute of Utah applauded the state for appealing to the highest court, saying in a statement that it gives states the chance to "defend marriage as society's way to encourage a married mother and father for every child."

Plaintiff Moudi Sbeity called the decision to take the case to the Supreme Court "wonderful news." He and his partner, Derek Kitchen, are one of three couples who sued over Utah's gay marriage ban.

"We are one step closer toward having our families recognized in our home state," Sbeity said. "It's definitely a case our Supreme Court needs to hear. The faster we can move on this, the better for all of us."

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