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Springfield Arson & Bomb Squad investigates blaze that destroyed car in Six Corners neighborhood

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The early Tuesday blaze caused some $10,000 in damage to the siding of a home.

SPRINGFIELD -- No injuries were reported early Tuesday after a fire destroyed a car in the Six Corners neighborhood and caused some $10,000 in damage to the siding of a home.

The Springfield Arson & Bomb Squad is investigating the cause of the blaze at 77 Clifton Ave., Dennis Leger, aide to Commissioner Joseph Conant, said. The home there was temporarily evacuated

The fire, which destroyed a 2015 Toyota Corolla was reported shortly after 3:20 a.m.


Massachusetts weather: Partly sunny, low risk of thunderstorms and hail

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There's a slight chance of showers and thunderstorms in the Springfield area this afternoon, but so far, the National Weather Service is not expecting damaging winds.

There's a slight chance of showers and thunderstorms in the Springfield area this afternoon, but so far, the National Weather Service is not expecting damaging winds.

"There is a low probability for any thunderstorms to produce severe hail," according to a hazardous weather outlook on the weather service's website. The storms could roll in between 3 p.m. and 7 p.m.

The chance of precipitation is 30 percent. Otherwise, expect a partly sunny day with a high temperature near 86 and a nighttime low around 53.

There's also a 30 percent chance the storms could hit the Worcester area after noon. If not, partly sunny skies and a high of 82 are in the forecast.

On a mostly sunny day in Boston, temperatures max out at 88 and the window for possible storms is just a few hours, between 4 p.m. and 8 p.m. Nighttime lows stay pretty comfortable at 65.

 

Are police body cameras effective? Surveys say yes, generally

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One study concludes that officers wearing body cameras know their actions are being recorded and as a result "increase their compliance to rules of conduct, especially around the use of force."

Many law enforcement officials and even the American Civil Liberties Union have voiced support for the use of body cameras by police officers in the wake of recent incidents across the country involving police and the use of force.

Would police body cameras help reduce such incidents? Can they help clear up complaints against police?

According to recent studies of departments where the cameras have been used, the answers, generally, have been "yes."

A 2015 study [pdf] based on a year-long study by the Phoenix, Arizona police showed the 50 officers fitted with cameras had 23 percent fewer complaints filed against them than did officers without cameras. And this was despite the body-cam officers making 17 percent more arrests.

A similar study based on a 2013 survey in Mesa, Arizona showed a 40 percent reduction in overall complaints, and a 75 percent reduction in complaints about officers using force, and many of those were withdrawn when the person making the complaint had a chance to see the footage.

A third study [pdf], based on a year-long trial in 2012 in Rialto, California, showed the use of force by police declined 21/2 times for officers wearing cameras compared to those without, while complaints filed against officers declined from 28 the previous year to just 3 during the study.

In each instance where the use of force by police was recorded by body cams, physical contact was initiated by the person being arrested, the study noted.

The study concludes that officers wearing body cameras know their actions are being recorded and as a result "increase their compliance to rules of conduct, especially around the use of force." But it also notes members of the public were also aware their actions were being recorded and were "more cognizant that they ought to act cooperatively."

The Phoenix study indicated the cameras may not be entirely foolproof, however.

During that study, officers with cameras were left with the decision of when to hit the record button, rather than leaving it running continually. As a result, officers recorded calls anywhere from 13 percent to 42 percent of the time.

Also, the study notes that the officers who use them are not necessarily happy about it. Officers surveyed express being not satisfied with increased work as a result of the devices. These include long download times, increased time spent on reports, and lingering concerns that recordings could be used against them by the department.

And as a July 19 University of Cincinnati incident, where a white campus police officer shot and killed an unarmed black driver, shows, the presence of a body camera does not eliminate the possibility of police misconduct. A functioning camera, however, will record it.

Police body cameras in Massachusetts: A simple idea that's hard to enact

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There's one problem with Massachusetts police using body cameras on the job: It apparently would be illegal under state wiretapping laws.

In light of recent events nationwide involving police and the use of force, everyone seems to have fallen in love with the idea of fitting police with body-worn cameras to record activity.

But in all likelihood, it will be some time - years maybe - before the devices are deployed on police officers in Springfield or anywhere else in Massachusetts.

What's the problem? Survey after survey shows broad public support for body-worn cameras, or body cams, on police. That support has only grown in light of rioting in places like Ferguson, Missouri or more recently Baltimore and now the campus of the University of Cincinnati, where police have been accused of misconduct in the deaths of unarmed black suspects.

For the public, they are seen as a vital check-and-balance against those officers who would abuse their authority. For the police, they are seen as protection against members of the public who would falsely accuse officers of police brutality.

The Department of Justice in May authorized $20 million in federal funds to aid police departments to obtain them. The money is part of a three-year program budgeted at $75 million. President Obama in December proposed spending $263 million to purchase 50,000 cameras for police.

The Massachusetts Chiefs of Police Association is strongly in favor of body cameras, and Attorney General Maura Healey is open to departments using them.

In Springfield, Mayor Domenic Sarno supports them, the City Council supports them and Police Commissioner John Barbieri supports them and wants to push for them in the next union contract.

Even the American Civil Liberties Union, an organization whose raison d'etre is to defend privacy rights of the public and to resist the expansion of police surveillance powers, supports them.

"Although we at the ACLU generally take a dim view of the proliferation of surveillance cameras in American life, police on-body cameras are different because of their potential to serve as a check against the abuse of power by police officers," writes Jay Stanley, a senior policy analyst for the ACLU. "Cameras have the potential to be a win-win, helping protect the public against police misconduct, and at the same time helping protect police against false accusations of abuse."

The devices have broad support in theory but, at least in Massachusetts, they are hardly used. Wayne Sampson, executive director of the Massachusetts Chiefs of Police Association, knows of just a handful of police departments using them - and all are doing so on a trial basis.

"There's no one in Massachusetts that has fully deployed them in their department and using them in essential duties," he said.

Again, what is the problem?

Actually there are a number of problems, or at least concerns, when it comes to body cameras. These include existing state law, legal procedures for using video as evidence and privacy issues. There are even logistical considerations about how police departments would process and store the hours and hours of video being recorded recorded by their officers.

"Those are very big questions," Sampson said.

Body Camera PoliciesIn this Jan. 15, 2014 file photo a Los Angeles Police officer wears an on-body camera during a demonstration for media in Los Angeles. Nearly three dozen advocacy groups have released principles they want police agencies to follow when adopting body cameras. The groups say the five "civil rights principles" released Friday, May 15 would help ensure the cameras provide public accountability and transparency. Groups include the American Civil Liberties Union, chapters of Asian Americans Advancing Justice and Urbana Champaign Independent Media Center. (AP Photo/Damian Dovarganes,File)

If police are to use body camera footage as evidence in criminal cases, then like all evidence, it has to be stored somewhere secure with restricted access to prevent tampering, altering or even deletion.

"Just the cost of the storage of all the data may be prohibitive for some departments," Sampson said.

Cleveland police recently entered a contract to purchase 1,500 body cameras. City officials were surprised to learn the estimated cost for data storage could rise to $3.5 million over five years.

Sampson said another very big question is a legal one. According to Massachusetts state law, there's a very specific word for what happens when a police officer records audio of someone without a court order or getting the person's permission.

It's called wiretapping, and it is very much illegal.

He cited in particular Massachusetts General Law chapter 99, section 272, which reads in part:

"The use of (electronic recording) devices by law enforcement officials must be conducted under strict judicial supervision and should be limited to the investigation of organized crime."

With that in mind, Sampson uses this example:

Suppose a cop chases a suspect down the street and arrests him, and the video and audio of the entire incident is recorded on the officer's body cam. Because the pursuing officer had no court order and did not yell an advisory to the fleeing suspect that the chase was on camera, could a defense lawyer argue the footage is inadmissible in court?

He said it sounds ridiculous, but it's a question the police association and its legal team is taking very seriously.

The courts have ruled in recent years that it is permissible for the public to record police officers while they perform their jobs in public places without running afoul of the wiretapping law. The rulings did not extend the same courtesy to the police, Sampson said.

The Chiefs of Police Association has lent its support to a piece of legislation filed in January, House bill 1637, which would amend the wiretapping law to include a passage reading, "a camera with audio recording capability mounted in a police vehicle or on the person of a uniformed police officer will not constitute an intercepting device."

It has been forwarded to the House Judiciary Committee for review.

Gill Police Chief David Hastings, president of the Western Massachusetts Chiefs of Police, said for him "the biggest issue is the privacy issue."

For the last several months, a member of his department, Sgt. Christopher Redmond, has been wearing a body camera as part of an extend trial run. The experiment has led to more questions than answers, he said.

If officers respond to a private residence for a medical call, should they use body cameras if they step inside the house? If so, what are police supposed to do with the footage? Do they keep it forever? Do they destroy it? Could someone petition the department for a copy of the footage under the Freedom of Information Act, and then post it on YouTube?

Hastings said all of this will have to be worked out before his department, Springfield, or any other department in the state can expect to see cops with cameras.

He estimated none of this will be cleared up any time soon.

Felix Browne, Communications Director for the state Executive Office of Public Safety, said there has been a lot discussion recently in the agency on the use of body cameras, but it has not yet resulted in any concrete proposals.

"We are not poised to release any finished policy," Browne said. "The release of any finished policy is not imminent."

Attorney General Healey supports departments that wish to explore using body cameras, but has not issued any opinions on their use.

"(Healey) understands there are concerns when it comes to the impact on relationship-building in the community policing space, and privacy concerns that others have. As a first step, she supports resources for the departments who choose to use them," said spokeswoman Emalie Gainey.

Count Gov. Charlie Baker among those expressing skepticism over cameras, primarily over the privacy issue. In an interview with the MetroWest Daily News in Framingham, Baker said the state needs to proceed cautiously before deploying cameras for police.

"I worry a little bit about public privacy issues there. And I think the public, if they understood how it works, might worry a little bit about it, too," he said.

Sampson said the Chiefs Association "strongly supports" the idea of body cams on the whole, but there is just so much to be worked out.

He said all the evidence from other departments across the country using them show that the presence of cameras can reduce both police use of force and complaints of police misconduct.

The cameras benefit both the police and public alike, he said.

Research into the subject seems to indicate that he is right. Three recent studies of police body camera use show fewer complaints have been filed against officers equipped with them. (read "Are police body cameras effective? Surveys say yes, in general" here >>)

In Springfield, body cameras have the support of mayor, the police commissioner and the near unanimous support of the city council. And even if the ambiguity with the wiretapping law were cleared up tomorrow, it would likely still be time before they would be in use in Springfield.

An arbiter has ruled the cameras are a contract issue and the city cannot unilaterally deploy them without first negotiating with the police union.

Police union officials declined to discuss the issue when called for this story. But Kevin Coyle, a lawyer for the International Brotherhood of Police Officers, Local 364, in December said there are "a million issues" with body cameras that need to be resolved.

"It's a very complex issue that most people associated with this have not thought about," he said at the time.

In May, 34 civil rights groups including the ACLU, NAACP, and Leadership Conference on Civil and Human Rights, signed onto a series of broad principles that they insist should be the policy framework for any law enforcement agency considering using body cameras.

Among them are:

  • Any camera usage policies need to have public input.
  • Communities need to define a set of "narrow and well-defined purposes" for which cameras may be used. In particular, facial recognition and other biometric technologies should be "carefully limited."
  • Departments need strict protocols for recording, retention and access to videos, and strict punishments for officers who do not follow them.
  • Any footage that shows the police use of force should be made available to the press and public.
  • Officers should not be allowed to view footage of any incident prior to their filing their official report. Otherwise, it could cause an officer to write his report based on what is on the video instead of personal recollection.

Vira Douangmany Cage, an organizer with the ACLU's Springfield office, said if Springfield implements the cameras, it would be wise to involve members of the community in developing policies governing their use.

She said there is a high degree of mistrust among some people in the community and police.

"In order to address the issue of community trust, the community has to be a part of that conversation and the discussion of what the good policies that have to be in place for the body worn cameras to work," she said. "Because technology doesn't address the issue of trust."

She said people have legitimate issues about the technology and how the police will use it. The city needs explicit policies about when officers can turn the cameras on, and when it is not appropriate for them to be on, how long the footage may be stored, and when can the public have access to it.

""We cannot move straight ahead with technology and implement body-worn cameras without giving legitimacy to real concerns of people about how they will be used by the police and how the evidence will be used against them," Cage said.

She said the cameras may be worn by police, but "they are pointed at the people when the police are wearing them. It's a police officer's perspective."


Coming Thursday on MassLive: "Gill Police Sgt. Christopher Redmond on the front lines of Massachusetts body camera debate"

Dunbar Community Center volunteers disappointed by suit filed by injured Springfield City Councilor Melvin Edwards

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The Dunbar board president said she was not aware of any claims filed with the community center in advance of the lawsuit.

SPRINGFIELD — Volunteers with ties to Dunbar Community Center said this week they are surprised and disappointed that City Councilor Melvin Edwards has sued the center for more than $215,000 for injuries suffered while warming up for a charitable basketball game three years ago.

Ellen Freyman, who is board president for Dunbar Community Center Inc., which oversees the Oak Street center, said she had no advance knowledge of Edwards' claim of negligence against Dunbar, saying it came "out of the blue."

"I feel bad about the injuries he sustained," said Freyman, who is a local lawyer. "I didn't know he had bills, expenses. As far as I know he never approached Dunbar for reimbursement. I don't know how Dunbar would have any responsibility, but it's not my area of law."

The Rev. Talbert W. Swan and Jeffrey Poindexter, who also have ties with Dunbar and the YMCA of Greater Springfield (that operates programs at Dunbar), said they were disappointed that a suit would be filed against such a nonprofit organization as Dunbar with a history of service to the community and financial difficulties.

Thomas Rooke, a local lawyer who filed the suit on behalf of Edwards, said Tuesday it was based on Dunbar's "negligence to maintain, in a safe manner, the basketball court ..." that resulted in the fall on the court and "very serious and permanent injuries."

Rooke said that some participants in the game, such as former U.S. Sen. Scott Brown and Mayor Domenic J. Sarno, would be subpoenaed to testify, if necessary, if the case goes to trail. He said he will comment further in the near future, while Edwards has declined comment.

Freyman said Dunbar's insurance company has been notified of the suit.

"We are sorry about Melvin Edwards' injuries," Freyman said. "I understand that he needs to do what he needs to do."

Freyman said she did not know what impact the suit would have on Dunbar, a century-old community center that has been under serious financial challenges in recent years, including reports of potential mortgage foreclosure.

The suit filed Friday in Hampden Superior Court, relates to a basketball game at Dunbar on Aug. 13, 2012, that raised funds for local charities. The suit claims Edwards fell when stepping on an "accumulation of water," and that Dunbar was negligent because it "knew or should have known of this dangerous condition."

Edwards is seeking payment of at least $215,668 for medical expenses including hospitalization doctors, radiology, ambulance, anesthesia, visiting nurses, nursing home and rehabilitation center.

Edwards tore the patella tendons to both kneecaps, and had complications including blood clots that damaged his kidneys, lungs and heart, he said in the years that followed the accident. He has declined comment on the suit.

Swan, who is chairman of the Dunbar YMCA Advisory Board, said the lawsuit by Edwards "is an unfortunate turn of events."

"I am certain no public official who understands the history and impact of the Dunbar in the African American community would come to the point of suing such an important and iconic institution without serious trepidation," Swan said. "I am grateful that Councilor Edwards has recovered from his injuries and regret that we have come to the point of litigation."

Swan said he was injured during the same game that Edwards attended. At the time it was reported that Swan did not require hospital treatment after an accidental head butt with another player.

Poindexter, who is president of the board of the YMCA, said the Y is an occupant of Dunbar and operates programs there.

"Speaking from my own personal viewpoint, while I certainly sympathize with anyone who sustains injuries and experiences pain and suffering, Mr. Edward's lawsuit is disappointing," Poindexter said. "For a public figure with medical insurance to sue a struggling community center that is trying to serve people in need in connection with a slip and fall at a charitable event is a bit concerning. I injured myself playing basketball in the basement of a church several years back. I had medical insurance and I certainly would not have considered suing the church. And this is coming from a lawyer."

The charity game featured local and state politicians and other dignitaries along with local basketball players and community members. The charity game benefited the Path to Manhood mentoring program and the South End Community Center.


Inside MGM Resorts International's lawsuit against the new Connecticut gaming act

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MGM is seeking to block the Connecticut gaming act authorizing a new tribal casino as unconstitutional, two months after it crossed the desk of Connecticut Gov. Dannel Malloy.

SPRINGFIELD - In mid-July, as the specter of a newly authorized Connecticut casino opening ahead of his company's Springfield casino grew more tangible, MGM Resorts International President Bill Hornbuckle abandoned months of circumspection about the possible competition and threw a gauntlet.

"We're not going to go peacefully," Hornbuckle said in an interview with Bloomberg Business.

At that time, he did not specify how MGM would respond, peacefully or otherwise. But with the company's filing of a lawsuit in the federal district court in New Haven Tuesday morning, that question has been answered. MGM is seeking to block the Connecticut gaming act authorizing a new tribal casino as unconstitutional, two months after it crossed the desk of Connecticut Gov. Dannel Malloy.

In the legal complaint, MGM puts forward a two-pronged constitutional argument: That the act violates the Equal Protection Clause of the 14th Amendment, and that it violates the Constitution's Commerce Clause. MGM alleges the law violates equal protection by limiting development to the Mohegan and Mashantucket Pequot tribes to the exclusion of other racial and national groups, and violates the commerce clause by discriminating against out-of-state competitors.

The tribal casino authorized by the law is fundamentally different from those currently operating in Connecticut, MGM argues in the filing. While the Mohegan Sun and Foxwoods casinos are allowed under federal law granting tribes gaming rights on American Indian reservations, the new casino would be on state land. This, MGM says, makes the preferential treatment of the tribes illegal.

"In short, the Act creates an unconstitutional pathway to the development of a commercial casino by the two preferred tribes. Accordingly, this Court should declare the Act unconstitutional and enjoin the defendants from enforcing, or otherwise exercising authority under, the act," the lawsuit claims.

The Mohegan and Mashantucket Pequot tribes rejected MGM's claims as a tactic to siphon revenues from Connecticut to Massachusetts in a joint statement Tuesday afternoon.

"We are not at all surprised by MGM's actions today and frankly suspect we will see more tactics just like this in their effort to stop Connecticut's leaders from protecting Connecticut jobs and revenue," Mohegan Tribal Council Chairman Kevin Brown and Mashantucket Pequot Tribal Chairman Rodney Butler said in the statement. "MGM has made clear from the beginning that their entire project is based upon a single foundation: exporting Connecticut's revenues and jobs to Massachusetts. Our Tribes feel an obligation to stand alongside Connecticut's leaders and fight for our state."

"While we will be reviewing the lawsuit, we believe in protecting Connecticut jobs," Malloy spokesman David Bednarz wrote in an email.

Efforts to give federally recognized tribes preferential development rights on non-reservation land are rare but not unprecedented, according to professor Kathryn Rand, co-director of the Institute for the Study of Tribal Gaming Law and Policy at the University of North Dakota School of Law.

The 2011 Massachusetts Expanded Gaming Act, which also provides the legal basis for the MGM Springfield project, gave the Mashpee Wampanoag tribe preference in the bid process, though that tribe's casino plans have not yet come to fruition. A 2012 proposal by Minnesota's White Earth tribe to partner with that state for an off-reservation casino failed to pass, after being opposed by other Minnesota tribes and facing concerns about gaming restrictions in the state constitution.

"In both of those situations, the tribe would have been operating gaming on state lands under state law," Rand said. "The state would have been making a special accommodation for the tribe."

The Connecticut law allows the tribes currently operating their own casinos under federal Indian gaming law to issue a request for proposals for a new casino. Any municipality in the state could respond and negotiate a development deal with the tribes. 

Three municipalities on the Interstate 91 corridor and not far from Springfield have expressed interest in a casino, according to the Hartford Courant: East Hartford, East Windsor and Enfield.

The law is specific in who is eligible to build the new casino: a business entity "owned exclusively by both the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut."

MGM's racial discrimination argument could prove difficult, Rand said. While race-based classifications face strict scrutiny from the courts, there is case law treating federally recognized tribes as political, not racial, entities, making it easier for laws targeting tribes to pass constitutional muster.

"That is, I think, well settled in federal law - that a tribe's status as a federally recognized tribe is a political status and not a race based classification," Rand said. "I think that's going to be an uphill argument."

In its filing, MGM argued that Connecticut's law would fail to meet even the looser "rational basis" standard for constitutionality, and that states do not have the same right to make laws targeting tribes as the federal government.

The lawsuit turns on MGM's previously unpublicized desire to build a casino in Connecticut, with the state's rejection of its application providing the legal basis for its discrimination complaint. The company applied for casino authorization with the state on July 22 and was rejected a day later for not meeting the act's requirements, according to the lawsuit.

An MGM source told MassLive that the company had historically considered Connecticut as a development site, but that until the new act only casinos on American Indian land were allowed in the state.

In 2006, MGM inked a licensing agreement with Foxwoods which lent its name to a then yet-to be built hotel tower in an effort to help establish the entertainment company's name on the East Coast. Two years later, the structure was built. 

But in late 2013, as the $800 million MGM Springfield casino project inched closer to reality from concept, the deal was terminated

In the legal complaint, MGM says it has already completed a preliminary study into the feasibility of building a casino in Connecticut and concluded that such development would be desirable for the company. MGM and other casino companies often own two or more casinos in the same market and the company does not see a conflict between the Springfield project and a possible Connecticut MGM facility, the filing states.

"MGM is also not as a practical or economic matter precluded from developing a casino in Connecticut simply because MGM Springfield is located near Connecticut," the filing says.

The Foxwoods and Mohegan Sun casinos, run by the tribes authorized to seek a new casino site under the new gaming act, were built under the federal 1988 Indian Gaming Regulatory Act. The enactment of that law, which established regulations for gaming on tribal lands, was driven by the 1987 Supreme Court decision in California v. Cabazon Band of Mission Indians, which struck down state regulations on reservation gaming.

Connecticut officials had raised the possibility of legal complications prior to the bill's passage. The MGM suit cites an April 15 letter by Connecticut Attorney General George Jepsen which warned that an initial draft of the law could lead to court challenges, though Jepsen later indicated an amended version had addressed some of his concerns. An Office of Legislative Review analysis of the early draft also said the act could appear to violate the state constitution and the state's antitrust act.

MGM v. Malloy

Ludlow police charge 18-year-old Springfield man in alleged fight over former girlfriend

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Police said they were called to the parking lot behind St. Elizabeth Church on Hubbard Street.

LUDLOW - Police arrested an 18-year-old Springfield man at Hubbard and Sewall Streets for allegedly assaulting another man over a former girlfriend.

Police charged Cameron W. Lamagdelaine, 18, of Springfield with assault and battery by means of a dangerous weapon (a shod foot).

Police Sergeant Daniel Valadas said police were called to the parking lot behind St. Elizabeth Church on Hubbard Street for "a fight in the back parking lot."

Lamagdelaine was arrested on Hubbard and Sewall Streets after he was found with a bloody right hand and blood on his shoes in connection with an alleged fight with another man over a former girlfriend, police said.

The arrest took place July 30 around 6 p.m.

Massachusetts business confidence rises, ends string of month-to-month declines

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"Bouncing back from its dip in the second quarter, confidence among Massachusetts employers is fairly strong," the chairman of the Associated Industries of Massachusetts' Board of Economic Advisors said.

BOSTON -- Massachusetts employers gained confidence in the state's economy in July, reversing a trend of three consecutive months of declining month-to-month confidence.

The Associated Industries of Massachusetts Business Confidence Index gained 2.9 points in July to reach  59.2 points.

That's 59.2 on a 100-point scale where 50 is neutral. The Index's historical high was 68.5 points  in 1997 and 1998. The all-time low was 33.3 points in February 2009.

A month ago it was 56.3 points and a year ago the index was 56.2 points.

Associated Industries is a business membership organization that surveys members each month.

Raymond G. Torto, chairman of AIM's Board of Economic Advisors and a lecturer at the Harvard Graduate School of Design, said in an email that confidence has been up-and-down since the Great Recession:

"Bouncing back from its dip in the second quarter, confidence among Massachusetts employers is fairly strong," he wrote. "The AIM Index is up three points from last July, and apart from its recent crest in February and March is at its highest level since December 2006. Like the economy itself, the Index has followed a long-term trend of improvement. But the upward course has been longer and bumpier than most past recoveries."

In a release issued Tuesday, Associated Industries said some of the sub-indices it pulls from the survey data are as good as they have been since 2006. All rose from June to July.

Some detail from the report:

  • The U.S. Index assessing national business conditions gained 2.5 points to 50.1 on the month.
  • Massachusetts Index of conditions within the commonwealth rose six-tenths to 57.5 points.
  • The Current Index, which tracks employers' assessment of existing business conditions, was up 3.5 at 59.7 points in July.
  • Future Index, measuring expectations for the next six months, added 2.2 to reach 58.6 points.
  • The Company Index, which assesses the overall situations of their operations, was up 3.7 points at 61.7. This is at its highest since 2006.
  • Sales Index rose 5.3 to 63.2, again at its highest since 2006.
  • Employment Index added 2.5 to 57.2.
  • By employer size, smaller companies of up to 25 employees rated in-state conditions higher than mid-sized and larger employers.

There was some not-so-great news, however:

  • Confidence remained higher among employers within Greater Boston -- 61.3 points, up 3.9 points on the month, compared with those outside the metropolitan area where confidence was 55.8 points, up 1.1.
  • Manufacturers continued to be less confident at 55.7 points, up 3.1 points. That is compared with 62.9 points, up 2.9 points among other sectors.

Springfield restores Mason Square Basketball monument recognizing game's invention by James Naismith

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The monument celebrating the birth of basketball had been boarded during the past year pending the completion of improvements including protective glass panes.

SPRINGFIELD — The city has made repairs and improvements to the Mason Square Basketball Monument on State Street, including the installation of transparent panes aimed at protecting it from further vandalism.

The improvements were completed this week, costing the city approximately $35,000, including the protective panes, a skylight and new landscaping, officials said.

The monument celebrates the birth of basketball in Springfield in the Mason Square area, and has been damaged on three occasions in recent years, believed to be vandalism, Mayor Domenic J. Sarno said. The monument shows a man passing a basketball to a child, surrounded by four glass-etched columns that tell the story of the birthplace of basketball and its founder James Naismith.

Sarno said the city has been working on finding a permanent solution to protect and enhance the monument, and securing the funds for the cost. The monument has been partially boarded during the past year, now removed as a result of the protective panes.

"It's extremely important to the history of the city of Springfield and obviously to Mason Square," Sarno said. "We always have to remember our history and move forward in the future, and I wanted to make sure we were able to get it restored."

mason.photo.JPGSpringfield City Chief of Staff Denise Jordan, left, and Mayor Domenic J. Sarno, right, stand before a glass column that is part of the Mason Square Basketball Monument. Improvements were completed this week. 

Sarno said the Mason Square area has many good families and individuals, but "all it takes is one or two negative individuals that could affect a neighborhood."

Basketball was invented in 1891 in the Mason Square area, which has a "proud and rich history," Sarno said. It is hoped that people will come from near and far to see the monument, he said.

In July, an online petition signed by more than 100 residents was delivered by email to Sarno, calling for the monument to be restored. City officials said the repair plans were already in progress.

The monument is located in front of the Mason Square library on State Street and can be seen by thousands of motorists as well as pedestrians.

Jesse Lederman, who was involved in the signature drive, said that the boarded conditions of the past year had triggered concerns and calls for its restoration.

According to the mayor's office, damage in the last few years led to costs totaling about $8,300, prior to the latest work.

The monument was privately financed, but is located on city-owned land and has been maintained by the Park Department.

Gallery preview 

Springfield woman, 68, pleads guilty to soliciting sex

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Stewart was "staring intently at cars that contained lone male occupants," the report said.


SPRINGFIELD - Frances Stewart, 68, is back in jail after pleading guilty to a new prostitution-related charge.

One day after being arrested during a prostitution sweep, the Springfield resident pleaded guilty to being a common nightwalker during her arraignment Monday in Springfield District Court.

Springfield police spotted the defendant attempting to flag down cars late Sunday afternoon in the South End, according to court records.

Stewart is "a known drug user and prostitute who frequents the South End," officer Michael Chapin wrote in the arrest report.

After setting up surveillance, police saw the defendant "staring intently at cars that contained lone male occupants" near Main Street and Acushnet Avenue, the report said.

Dressed in a baseball cap, T-shirt, shorts and sandals, Stewart waved at several passing vehicles, police said. After watching for 15 minutes, the officers arrested Stewart for soliciting sex and transported her to police headquarters for booking.

During her arraignment, Assistant District Attorney John Wendel asked for a 90-day jail sentence, citing the defendant's past record for prostitution and drug offenses.

Defense lawyer Renata Rybak asked for 30 days.

Judge Bethzaida Sanabria-Vega adopted the prosecution's request and ordered Stewart to serve 90 days at the Hampden County Women's Correctional Center in Chicopee.

Police records indicate that Stewart was born in Munich, Germany, and currently lives in the Forest Park neighborhood.

Juan Anderson-Burgos running for Holyoke Ward 6 Council seat

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Juan Anderson-Burgos is a Holyoke native and a banker at Citizens Bank.

HOLYOKE -- Juan C. Anderson-Burgos sees a City Council where members seem unable to disagree without disrespect, so he said he is running for the Ward 6 seat because he can reduce such friction.

"I also know that our City Council can do better work for the people of Holyoke when they can work together," said Anderson-Burgos, 45, of 236 Locust St.

"I am the kind of person who will change that dynamic for the better. I know how to stick to my principles without alienating people. The people of Ward 6 and all of Holyoke deserve nothing less than that," he said.

He was born and raised here and works as a banker at Citizens Bank, he said.

The city registrar of voters office recently certified Anderson-Burgos' nomination papers to place his name on the Nov. 3 election ballot.

Anderson-Burgos is opposed for the Ward 6 seat by City Council President Kevin A. Jourdain. An at large councilor for the entire 22 years he has been on the board, Jourdain announced his bid for the Ward 6 seat in December.

That came after Todd A. McGee, the current Ward 6 councilor, announced he was moving to a different part of the city and would be surrendering the seat after the current term ends in early January. McGee has been Ward 6 councilor since January 2006.

Now living on George Street, McGee is running for the Ward 7 council seat that incumbent Gordon P. Alexander will leave after the current term.

Anderson-Burgos said he has seen the good and bad of Holyoke but never stopped believing in the city's potential.

"Three years ago I purchased my home in Ward 6 and I immediately connected with the great amount of passion that resonates in the hearts of those who live there," he said. "I, like the people in Ward 6, possess that same passion. I believe that together we can make the 'great 6' even greater."

The bachelor's degree he earned in communications from the University of Massachusetts in Amherst and Holyoke Community College has helped him professionally and personally. Such a background also could help on the City Council, he said.

"I believe that the key factor which is missing in some of the council meetings is just that, the ability to communicate effectively and with understanding. A major part of communication is listening," Anderson-Burgos said.

A skill he has developed working at Citizens Bank is an understanding of the value of investment, taking into account multiple perspectives that must go into a financial decision, he said.

As a banker, his duties in helping customers range from assisting with deposits to guiding them through a home purchase. The priority in banking as in government should be to treat everyone fairly and equally, "no more, no less," he said.

Cathedral, Holyoke Catholic High School fall start dates released

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Cathedral enrollment in June was 200 students; Holyoke Catholic, 220.

SPRINGFIELD — Cathedral and Holyoke Catholic high schools have released start dates for the upcoming 2015-2016 school year.

The two schools will be merged under the banner of Pope Francis High School beginning in fall 2016 as students await construction of the new Pope Francis High School, slated to open in fall 2018.

Cathedral is currently located in the former Memorial Elementary School in Wilbraham and Holyoke Catholic operates out of the former Assumption school in Chicopee.

The new $50 million, 500-student Pope Francis high will be built in Springfield's East Forest Park neighborhood, the location of Cathedral High before it was severely damaged by the June 2011 tornado.

Holyoke Catholic was moved from its original location in downtown Holyoke in 2002 due to structural problems at its building.

Cathedral enrollment in June was 200 students; Holyoke Catholic, 220.


When does school start for Cathedral, Holyoke Catholic?

Cathedral High School: Monday, Aug. 31, first day of school for sophomores, juniors and seniors; Tuesday, Sept. 1, first day of school for ninth graders; Wednesday, Sept. 2, all four grades report for school.

Holyoke Catholic High School: Wednesday, Aug. 26, freshman orientation; Thursday, Aug. 27, first day of school for juniors and seniors; Friday, Aug. 28, first day of school for freshmen and sophomores; Monday, Aug. 31, all four grades report for school.

Boston Mayor Marty Walsh wants chewing tobacco ban at all city ballparks, including Fenway

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The Red Sox already discourage smokeless tobacco use among players and offer alternatives like pumpkin seeds and bubble gum, but a few dozen still chew during games.

BOSTON - In a 2014 interview with The Boston Globe, Red Sox pitching great Curt Schilling called dipping, or the use of smokeless tobacco products, "a horrible, disgusting, dirty habit," and several of his teammates spoke of their own sense of guilt about sending a message to children that it's cool.

That's a message Mayor Marty Walsh wants to snuff out by banning snuff and all products like it from every ballpark in the city, from Little League and community fields all the way to Fenway Park.

Walsh plans on Wednesday to introduce an ordinance to the City Council that would go into effect on April 1, 2016. It covers professional, college, high school and organized community games.

The proposed ban is on "cut, ground, powdered, or leaf tobacco ... intended to be placed in the oral or nasal cavity."

Event site organizers would be responsible for enforcement and signage, and violators would be subject to a $250 fine.

The Red Sox already discourage smokeless tobacco use among players and offer alternatives like pumpkin seeds and bubble gum, but a few dozen still chew during games.

Red Sox owner John Henry told The Boston Globe he supports Walsh's plan.

Walsh plans to discuss his proposal with the media later on Wednesday. Stay with MassLive for more information as the story develops.

Sexual assault suspect, one of Southwick's 'Most Wanted,' arrested on warrant in Puerto Rico

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Henry Mercado was charged with a sexual assault that took place in Southwick in the summer of 2012, according to a post on the department's Facebook page.

SOUTHWICK -- A sexual assault suspect, who failed to appear in Hampden Superior Court in Springfield on related charges last March, has been arrested on a warrant in Puerto Rico, according to police.

Henry Mercado was charged with a sexual assault that took place in Southwick in the summer of 2012, according to a post on the police department's Facebook page.

In June, investigators received information that Mercado was in San Juan Puerto Rico and he was arrested by authorities in Puerto Rico on July 6 and later extradited back to Massachusetts by Southwick detectives and state police.

Mercado is one of two of the police department's "Most Wanted" suspects who have been recently captured.

Malcolm Wilson, wanted for trafficking cocaine in Southwick, according to police, was arrested in Hartford last May.

Chicopee police arrest suspect in brutal beating of Chief's Lounge owner

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The second suspect remains at large, according to a post on the department's Facebook page. Watch video

Note: police caution images in the video may be disturbing to some viewers. They released the video only with the consent of the family.

CHICOPEE -- Police have arrested one of two pipe-wielding suspects who allegedly severely beat the 64-year-old owner of Chief's Lounge late last month.

The second suspect remains at large, according to a post on the department's Facebook page.

Wilmer Torres, 35, of 755 Worthington St., Springfield, was charged with assault and battery on a person over 60, armed robbery and other charges.

Police said the men broke into the lounge, located at 371 Chicopee St., on July 28 at about 5:20 a.m. and started stealing different items. At that time the owner who was still in the business confronted the men, he said.

Surveillance video from inside the bar, released by police with the consent of the family, captures a brutal beating that ends with the suspects going through the victim's pockets.

The victim, identified by Western Mass News as Mario Docarmo Jr., underwent emergency surgery at a hospital and is now reportedly recuperating at home.
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The victim's son, Mario Docarmo lll told Western Mass News that the suspects also kicked his father in the face and broke his eye socket and nose and inflicted other injuries.

"He's lucky to be alive," the younger Docarmo told Western Mass News shortly after the incident.

Those with information on the second suspect are urged to call the Detective Bureau at (413) 594-1730. To give anonymous information use Text-a-Tip, by typing SOLVE CHICOPEE, then CRIMES (274637) and then text the information. People can also send a private message to the Chicopee Police Department Facebook page.

Western Mass News is television partner to The Republican and MassLive.com.

This is a developing story. Additional information will be posted as soon as it is available.



VA for Central Western Massachusetts can 'do a lot more for women veterans'

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Leeds VA takes steps to improve women veterans health care. Watch video

NORTHAMPTON - The U.S. Department of Veterans Affairs recently released document, "MyVA: Putting Veterans First," presents a fairly comprehensive look into the organization's efforts to reform in the wake of last year's delayed care scandal, but oddly enough nowhere are women veterans mentioned. Some 390,000 of them used the VA system in 2013, a small number compared to the 5.3 million male veterans, but their numbers have been increasing annually.

The document notes an "unprecedented demands for services and benefits," partly because of aging veterans of the Vietnam War, but also because of "service-connected issues of those returning from the wars in Iraq and Afghanistan," which the document calls "more complex than in prior eras." In previous reports, post traumatic stress syndrome has been cited as among the top service-connected conditions for women veterans. However, how the VA has improved to meet the health needs of its women veterans and what they may be today are not highlighted in the document.

During his Monday media presentation, John P. Collins, who marks a year's anniversary as director of the system in September, made a point of mentioning women veterans and said "there is a lot more we can do for women veterans."

Women comprise a little more than two million of the country's 22 million veterans, and about half of them have served in the Gulf War Era, which dates to 1990. The VA does provide comprehensive health coverage for eligible women veterans, though accessing and coordinating such coverage has been a challenge as many women have to go to non-VA medical professionals for the covered care.

According to an Associated Press report last June, the VA has been slow to address such issues related to the medical needs of women veterans, despite initiatives to do so since 2008. An AP review of internal VA documents showed nearly one in four VA hospitals does not have a gynecologist on staff; women referred for mammograms outside the VA system did not receive the results within two weeks, as required by VA policy, more than half the time; and female veterans ended up on the VA's Electronic Wait List for new patient appointments at a higher rate than male veterans.

Massachusetts has some 26,151 women veterans, and the Leeds-based VA for Central Western Massachusetts Healthcare System, said it treated more than 1,200 of them last year, though the full range of care for women, like their male counterparts, is not on the "one-stop" model. The system's medical center is mainly for inpatient psychiatric and long-term care, though it does offer, like its satellite clinics, primary and general care, as well as outpatient mental health services.

This spring, the system opened its Women's Health Clinic, with Dr. Nicole Kirchen as medical director, in dedicated space inside the VA Medical Center, where two exam rooms, formerly offices, have attached bathrooms for privacy. The system plans to hire a gynecologist, referring in the meantime all gynecological and maternity care to outside contract providers. It did hire registered nurse Judith Kuzdeba to serve as the VA's New England maternity care coordinator to help ensure continuity of care.

According to a 2011 report from the National Center for Veterans Analysis and Statistics on how women veterans use their VA benefits, post traumatic stress syndrome, lower back pain and migraines were the top three primary service-connected conditions for women veterans and accounted for 15 percent of all service-connected disabilities for women veterans in 2009.

Dr. Dana Weaver, chief of mental health services and among the presenters at Monday's session, said the Leeds-based system has provided some 608 women with mental health services so far this year. In 2014, she said there were some 3,954 military sexual trauma related mental health visits, an increase of 1,000 from 2014.

"We are seeing an overall increase in MST nationally in veterans presenting for treatment, but not necessarily an increase in trauma," Weaver said.

examroom.jpgAn exam room in the recently opened Women's Health Clinic at the Veterans Medical Center in Leeds. 

Dr. Nicole Kirchen, who is also a primary health care provider, said she felt the renovation of space for the women's clinic, had addressed "a lot of privacy and safety issues" and would, along with word of mouth, encourage women veterans to use it.

"It is a very welcoming place," said Kirchen during the presentation. "It provides an atmosphere conducive to seeing patients, including those for MST counseling."

Soldier On has teamed up with the Department of Veterans Affairs to construct 16 units of housing for female veterans and their children that is part of the construction of 44 units of long-term housing for male veterans in a four building cluster on the 286-acre Leeds campus.

For more information on the Women Veterans Program call registered nurse and U.S. Army veteran Kimberly Adams, women's health coordinator for VA for Central Western Massachusetts, at (413) 584-4040, ext. 2240.

Opioid epidemic claimed estimated 1,256 lives statewide in 2014, state says

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Statewide during the first three months of 2015, 312 lives were lost to opioid overdoses, according to the DPH.

BOSTON - The opioid epidemic claimed more lives in 2014 than initially estimated and fatal overdoses from prescription pain killers and heroin continued to take a significant toll in the first three months of 2015, according to the state Department of Public Health.

An estimated death count for 2014, estimated to hit 1,008, was revised Tuesday to 1,256. That's a 57 percent increase in unintentional overdose deaths over 2012 and 15 percent increase over 2013.

Statewide during the first three months of 2015, 312 lives were lost to opioid overdoses, according to the health department. A breakdown of those 312 deaths by cities and towns or even counties is not yet available.

"The opioid epidemic affects us all as families from every walk of life see the deadly impact these drugs are having," said Gov. Charlie Baker.

The governor said the solution is not a "one-size-fits-all approach" and that the state is fighting the epidemic with every approach available, including better analysis of where and why people succumb.

"Better analysis is essential to our efforts to prevent, treat and cure addiction," Baker said.

Rhonda Mann, a spokeswoman for the DPH, said the effort is moving towards obtaining"real-time data" from EMTs in addition to the data provided by state medical examiners.

In Western Massachusetts, according to updated data, Springfield posted 60 unintentional opioid overdose deaths for 2012 to 2014; Holyoke, 19; Westfield 16; Northampton, 13, and Greenfield, 13.

Boston posted 229 unintentional opioid overdose deaths for that three-year period and Worcester, 108.

Statewide, the DPH has confirmed all its numbers for 2012 and is still confirming 2013 and 2014. When all cases are confirmed, the DPH estimates that there will be an additional 29 unintentional opioid-related fatal overdoses in 2013 and an additional 209 deaths in 2014.

In June, the governor's Opioid Working Group released 65 recommendations and an action plan aimed at curbing the opioid epidemic. The short- and long-term recommendations focus on prevention, intervention, treatment and recovery support.

The initiatives include increasing the number of treatment beds in Greenfield by 64 by October 2015.

'Don't worry ... we trust you,' suspect in gun, grenade sale told state trooper, documents show

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On July 31, investigators found five more rifles, two military-grade smoke grenades and nine thousand rounds of ammunition, much of it suitable for high-capacity firearms, the records state.

SPRINGFIELD - After shelling out $15,000 for seven rifles in a West Springfield parking lot last week, an undercover state trooper invited the two sellers to count his money.

"Don't worry about it; we trust you," one replied as the other loaded rifles and 38 boxes of ammunition into the trooper's car, according to court records.

Moments later, the sellers had plenty to worry about as city, state and federal agents arrived at the E-Z Storage parking lot and arrested them on firearms trafficking charges.

The suspects, Reinaldo Pellot, 50, and Jenyel Heylinger Garcia, 27, both of Springfield, were ordered held on $100,000 cash bail Friday during arraignments in Springfield District Court.

After arresting the men and seizing seven rifles and ammunition on July 30, investigators obtained search warrants for two storage units controlled by the suspects, according to arrest reports.

On July 31, they returned and found five more rifles, two military-grade smoke grenades and 9,000 rounds of ammunition, much of it suitable for high-capacity firearms, the records state.

The weapons stockpiled in the storage units were intended for sale on the streets of Springfield, Hampden County District Attorney Anthony Gulluni said Friday while announcing the arrests.

The suspects were charged with trafficking in firearms, possession of ammunition without an FID card, possession of an infernal machine, possession of firearms without an FID card and possession of a large-capacity feeding device.

The seized weapons included two 30-caliber Springfield Armory M1s and an MIA 308- caliber with an attached scope; a Colt AR15; two Mauser 8 mm rifles; a Russian SKS 7.62-caliber and four Winchester rifles.

The investigation began last month when state police received a tip that two men were selling rifles, grenades and ammunition from storage units at E-Z Storage, at 920 Memorial Ave., according to court documents.

An undercover state trooper contacted the suspects and negotiated a sale at E-Z Storage. On July 30, trooper arrived and "exchanged pleasantries" with the suspects, then pulled his vehicle up to one of the storage units, the documents state.

A team of city, state and federal investigators were watching as the weapons were stacked in the vehicle; at a signal from the undercover trooper, they surrounded the unit and arrested the pair without resistance, the report said.

Pellot, who is listed at 5 feet, 9 inches tall and 190 pounds, is described as unemployed and disabled in his arrest report.

Personal information for Heyliger was not available Wednesday. He was arrested in Puerto Rico in 2012 on a weapons charge, according to the arrest report.

Both suspects were ordered to return to court for a pre-trial conference on Aug. 31.

The arrests were part of an ongoing investigation by state police assigned to Gulluni's office, the Hampden County Narcotics Task Force, the U.S. Bureau of Alcohol, Tobacco and Firearms and Explosives; members of the state police tactical unit (STOP) and the state police bomb squad and West Springfield police.


Holyoke, Gandara Center clash over $44,000 in lease payments

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A Holyoke councilor said the current dispute with the Gandara Center shows the lease was a bad idea.

HOLYOKE -- Gandara Center of West Springfield is at least 14 months behind in lease payments to the city and the city has begun to evict the organization from the site of the former Holyoke Geriatric Authority, officials said.

A spokeswoman for Gandara, a social services organization, said Wednesday (Aug. 5) that the situation with the city was a "breach of contract issue" and that Gandara has a spotless record of meeting financial obligations.

Gandara is still occupying the site here at 45 Lower Westfield Road but plans to move the program to Chicopee early next month, spokeswoman Lisa Brecher said.

The lease agreed upon in 2013 requires that Gandara pay $3,145 a month, Assistant City Solicitor Kara Cunha said, meaning more than $44,000 is owed to the city.

The issue arose at Tuesday's City Council meeting in a letter from acting City Auditor Bellamy H. Schmidt. He said Gandara hadn't made a lease payment since April 2014.

Gandara has leased space in the "B building" at 45 Lower Westfield Road to house what officials said at the time was a program for a dozen young males who pose low risk and were awaiting court dates.

The city has a licensing arrangement with the Hampden County Sheriff's Department, which since May has been operating its Western Massachusetts Correctional Alcohol Center out of what was the main facility of the Geriatric Authority.

The lease with Gandara was controversial when it was proposed in 2013. Councilors and neighbors said such a facility was incompatible with the then-still-open authority. At the time, the authority was an 80-bed nursing home for elderly people with another 80 slots for daycare facilities for senior citizens.

The authority closed in May 2014 after decades of financial problems and the lease with Gandara was presented as a way to raise revenue.

Councilors Tuesday revisited the concerns about the lease that were discussed in 2013.

"I said it was a bad deal and it was a bad deal," Councilor at Large James M. Leahy said.

Cunha said that in May, she sent a demand to Gandara seeking payment for lease money owed and outstanding utility charges.

"The city received repeated assurances from Gandara that they would be paying, but as the report from the auditor indicated, they have not. A 14-day Notice to Quit has now been sent, which is the first step in an eviction proceeding," Cunha said.

A question is whether the demise of the Geriatric Authority is somehow related to what Gandara is claiming as "breach of contract," details of which Brecher said she could not discuss.

The city took ownership of the authority Jan. 26, but it was always a kind of municipal facility. Established in 1971 by a special act of the state Legislature, the Geriatric Authority was overseen by a board of seven members. Three were appointed by the mayor and three by the City Council, with those six appointing the seventh member.

But Council President Kevin A. Jourdain said Gandara was required under the lease to make payments directly to the city regardless of the status of the Geriatric Authority.

"We actually wrote that into the lease," said Jourdain, a lawyer.

Another question lies in what was described in meetings two years ago as being part of the authority-Gandara lease. The authority would refund Gandara $14,000 a year for the first three years of the lease as partial payment for extensive renovations Gandara was funding in B Building, city councilors were told at meetings about the lease.

Brecher emailed this statement from Gandara:

"The Gandara Center has an impeccable record of fulfilling its financial obligations on over 40 leased properties across the state. This specific situation is a breach of contract issue. We have been in the process of coming to a resolution with the city for the last six months. We have retained legal representation and are hopeful that a fair agreement will be reached with the city at which point we will take responsibility for any financial obligations belonging to our agency."

In a phone interview, Brecher said it was unfortunate to hear of councilors' criticisms from Tuesday's meeting.

"I'd like to think we try to maintain a pretty good relationship with the city," Brecher said.

Massachusetts weather: Sunny skies with high temps near 80 across the state

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Thursday should be beautiful across Massachusetts, according to the National Weather Service.

Gone are the days of severe thunderstorms and hail in the forecast. For now, at least.

Thursday should be beautiful across Massachusetts, according to the National Weather Service.

In Springfield, expect sunny skies with high temperatures near 80, while Worcester makes it to 78 and Boston gets up to 82.

As things cool off this evening, some clouds will come in, but there's no threat of rain in sight.

Nighttime lows are 56 in Springfield, 60 in Worcester and 64 in Boston.

 

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