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Memorial Day vigil held at Cincinnati Zoo in remembrance of gorilla killed to save child

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Dozens of animal rights advocates and others held a Memorial Day vigil at the Cincinnati Zoo in remembrance of a gorilla that was fatally shot to protect a 4-year-old boy.

CINCINNATI (AP) - Dozens of animal rights advocates and others held a Memorial Day vigil at the Cincinnati Zoo in remembrance of a gorilla that was fatally shot to protect a 4-year-old boy who entered its exhibit.

The male western lowland gorilla named Harambe was killed Saturday by a special zoo response team that feared the boy's life was in danger. Video taken by zoo visitors showed the gorilla at times appeared to be protective of the boy but also dragged him through the shallow moat.

Anthony Seta, an animal rights activist in Cincinnati, called the death "a senseless tragedy" but said the purpose of Monday's vigil wasn't to point fingers. Rather, he said, it was a tribute to Harambe, who turned 17 the day before he was shot.

"People can shout at the parents and people can shout at the zoo," Seta said. "The fact is that a gorilla that just celebrated his birthday has been killed."

In the days since, people have taken to social media to voice their outrage about the killing of a member of an endangered species. A Facebook page called "Justice for Harambe" was created Saturday night, along with online petitions and another page calling for a June 5 protest at the zoo.

The zoo's director, Thane Maynard, said its dangerous-animal response team, consisting of full-time animal keepers, veterinarians and security staff, made the right call to kill the gorilla. He noted that the 400-pound-plus gorilla didn't appear to be attacking the child but was in an "agitated situation" and was "extremely strong." A tranquilizer wouldn't have immediately felled the gorilla, leaving the child in danger, Maynard said.

On Monday, he said the zoo had received messages of support and condolences from around the world. He said visitors left flowers at the gorilla exhibit and asked how they could support gorilla conservation.

"This is very emotional and people have expressed different feelings," Maynard said by email. "Not everyone shares the same opinion and that's OK. But we all share the love for animals."

The Gladys Porter Zoo in Brownsville, Texas, where Harambe spent most of his life, said Monday that its staff was deeply saddened by the gorilla's death.

Harambe was sent to Cincinnati less than two years ago in hopes he would eventually breed with females there.

The boy who entered into the exhibit was taken to Cincinnati Children's Hospital Medical Center for treatment and released hours after the fall. His parents said in a statement Sunday that he was "doing just fine."

Many social media commenters have criticized the boy's parents and said they should be held accountable. A Cincinnati police spokesman said no charges were being considered. A spokeswoman for the family said Monday they had no plans to make additional comments.

"I do think there's a degree of responsibility they have to be held to," said Kate Villanueva, a mother of two children from Erlanger, Kentucky. "You have to be watching your children at all times."

The People for the Ethical Treatment of Animals released a statement from its primatologist Julia Gallucci saying the zoo should have had better barriers between humans and the gorillas.

"This tragedy is exactly why PETA urges families to stay away from any facility that displays animals as sideshows for humans to gawk at," the statement said.

The zoo said that it's the first such spectator breach at Gorilla World since it opened in 1978 and that the exhibit undergoes regular outside inspections. The zoo said earlier this year that it planned to expand the exhibit.

Gorilla World remained closed Monday.


Springfield woman indicted in child abuse case

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Yohnee Berry faces nine charges alleging she abused her stepson over nearly two years in Springfield, using various objects as weapons.

SPRINGFIELD - A Hampden Superior Court grand jury has indicted a 32-year-old Springfield woman on nine counts alleging she abused her 5-year-old stepson over a period spanning more than two years.

Seven of the counts Yohnee Berry faces -- including five counts of assault and battery with a dangerous weapon (skateboard, shod foot, cable cords, belt, remote control) and two counts of assault and battery -- allegedly occurred between Jan. 1, 2013, and Nov. 1, 2015.

Yohnee Berry 2216.jpgYohnee Berry 

She faces additional counts of assault and battery on a child causing bodily injury for incidents in 2015 that allegedly occurred between Aug. 1 and Sept. 1, and between Oct. 1 and Nov. 1.

Berry is married to the boy's mother.

Also charged in the case is Melissa Reid, 28, who faces two counts of permitting bodily injury. While both women have the same Huntington Street address, the indictments don't state the relationship between the two women.

Berry denied the charges at her Feb. 2 Springfield District Court arraignment, but the indictments move the case to Hampden Superior Court. No arraignment date has been set in Hampden Superior Court.

Berry was ordered to undergo a 30-day mental health evaluation following her District Court arraignment.

Under an order issued by Springfield District Court Judge Paul Smyth, Berry is barred from having any contact with her stepson while the case is pending.

During Berry's District Court arraignment, Assistant District Attorney Cary Szafranski said the child suffered a fractured nose, internal trauma, bruises, abrasions and other injuries while his stepmother was caring for him.

Berry insisted the injuries were the result of accidents and self-abuse. The boy "was told to tell stories" to cover up his injuries, including a severe burn to his hand in 2014, the prosecutor said.

In late October, the state Department of Children and Families took emergency custody of the boy and Berry's 11-year-old daughter, who suffered no injuries. The agency acted after a doctor at Baystate Medical Center said a pattern of injuries suffered by the boy was suspicious.

While he initially refused to blame Berry, the boy eventually told investigators she had burned him with cigarettes and beat him with a skateboard, a milk crate, a television remote, cable wires and other objects, according to the prosecutor.

The injuries were inflicted while the boy's mother was working and Berry was home caring for him and her daughter, Szafranski said.

Watch: Civil War Music Highlights Memorial Day at Springfield Armory

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Playing a free Memorial Day concert to over one hundred museum guests, the group sang patriotic and popular songs of the era, even pausing to apologize for some of the "saucy" lyrics. Watch video

"Shades of Gray", a Civil War era camp band playing patriotic 19th century music offered visitors to the Springfield Armory museum a taste of the music of the Civil War.

Playing a free Memorial Day concert to over one hundred museum guests, the group sang patriotic and popular songs of the era, even pausing to apologize for some of the "saucy" lyrics.

Punctuated by trivia questions and prizes, the concert featured members of the audience playing along with mini tambourines and shakers handed out before the start of the show.

The group consists of Civil War reenactors who found a mutual love for music, formed a band and now travel throughout New England.

"Music was an integral part of a soldier's life. They spent the majority of their time in camp and music helped to pass the time. It reminded them of home and family and strengthened the bonds of camaraderie and friendship. More music and song was created during the Civil War than all the other wars combined," remarked Park Ranger Susan Ashman.

Gallery preview 

Massachusetts Gov. Charlie Baker chats up, takes selfies with Holyoke Soldiers' Home residents

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Besides a visit from Gov. Charlie Baker, Holyoke Soldiers' Home residents got to meet U.S. Marine Lt. Col. Bennett W. Walsh, the facility's new superintendent.

HOLYOKE -- Gov. Charlie Baker took selfies with Holyoke Soldiers' Home residents and thanked them for their service in a Memorial Day visit Monday.

"It seemed like a good place to be on Memorial Day," said Baker, who was on a swing through the area.

Also at the state facility that provides residential and out-patient care for veterans on Cherry Street was U.S. Marine Lt. Col. Bennett W. Walsh, the new superintendent of the Holyoke Soldiers' Home, who introduced himself to residents and staff and chatted with them.

An aide said Baker's visit to the Holyoke Soldiers' Home was an informal chance to chat with and thank veterans and no major announcement would be made.

The governor sat and talked with residents like Ferdinand Lampron, 85, a U.S. Marine Corps veteran.

"Thank you for your service" Baker said, leaning over to chat with residents in wheelchairs. "Where'd you serve?"

"Hi, governor, how's Boston?" said Michael P. Quirke, 90, a U.S. Navy veteran of World War II.,

"It's OK," Baker said.

Peter P. Nowak 85, a U.S. Army veteran of the Korean War, said he appreciated the visit from Baker and other politicians.

"It's a pleasure, first time I met him. Real nice guy. And all the other politicians, too, it's great to see them," Nowak said.

Officials at the Holyoke Soldiers' Home during Baker's visit included Francisco A. Urena, secretary of the Massachusetts Department of Veterans Services, state Sen. Donald R. Humason, R-Westfield, state Rep. Aaron M. Vega, D-Holyoke, State Sen. Eric Lesser, D-Longmeadow, and state Rep. John Velis, D-Westfield.

Details will be added to coverage of this event as reporting continues.

Ludlow man arrested, charged with A&B on police officers, resisting arrest

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Leif J. Wakefield, 47, became "assaultive and violent" Friday night when police tried to talk to him, a Ludlow police official said.

LUDLOW -- A 47-year-old Ludlow man is facing charges of assault and resisting arrest after allegedly fighting with three police officers who responded to a reported domestic disturbance at a residence of Vienna Avenue, police said.

Leif Wakefield.jpgLeif Wakefield 

Leif J. Wakefield was arrested Friday and charged with disorderly conduct, resisting arrest and two counts of assault and battery on a police officer, said Ludlow police Sgt. Daniel Valadas.

The arrest photo released by police shows Wakefield with streaks of dried blood across his face.

According to Valadas, officers Jacob Stokowski and Aaron Leastman were dispatched to a home on Vienna Avenue for a reported domestic disturbance. Officers arrived and found a woman in front of the residence who said she had been locked out of her home during an argument with her boyfriend.

Stokowski and Leastmen were able to enter the home through an open window, but when they tried to speak with Wakefield, he became "assaultive and violent." He attempted to run outside but was tackled by the two officers, who where then joined by officer Stephen Johnson. Valadas said Wakefield continued to fight until the three officers managed to put him in handcuffs.

Wakefield was booked at Ludlow police headquarters and released on $40 bail. He is due to be arraigned in Palmer District Court, Valadas said.

Connecticut man Tyler Junk arrested in Greenfield on drug, weapons charges

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Tyler Junk, 32, of Windsor, Conn., was arrested on Leyden Street at about 2:40 a.m. Sunday. Troopers pulled him over because his car did not have a license plate light.

GREENFIELD - Massachusetts State Police have charged a Connecticut man with numerous drug offenses, including cocaine possession.

Tyler Junk, 32, of Windsor, Conn., was arrested on Leyden Street at about 2:40 a.m. Sunday. Troopers pulled him over because his car did not have a license plate light.

State police said Junk's passenger was having an unspecified medical emergency at the time, and was treated at the scene. Troopers say they found a large bag of green candy, believed to contain THC, and nine bags containing three-and-a-half ounces of THC, as well as two open cans of Bud Light beer in the car.

THC is the main psychoactive chemical in marijuana.

Junk also had a bag of cocaine on him, and a brass knuckle knife was found in the car's center console, state police said.

He's charged with possession with intent to distribute Class B, C and D substances; possessing an open container of alcohol in a motor vehicle; carrying a dangerous weapon; a number plate violation; and failing to possess vehicle registration documents.

Junk was released on $500 bail.

Parent's stay-away order recommended by police, Amherst Superintendent of Schools Maria Geryk says

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The order was issued March 15, parent says never told why.

AMHERST -- The leader of Amherst regional schools said police recommended issuing a stay-away order against a Pelham parent, and rejected accusations that the move was racially motivated.

"With their knowledge of information not available to school staff or the public, as well as their expertise, the police determined that the safety concerns were credible and a stay-away order was recommended," Superintendent Maria Geryk said in a statement. She also wrote that there had been previous issues with the parent.

Geryk issued the statement in response to questions raised about the stay-away order issued to parent Alisa Hiza on March 15, as well as concerns about racism raised by Hiza and members of the community. Geryk does not refer to Hiza by name in the statement.

Hiza has said she was not given due process and that she doesn't know why the order was issued. The order does allow Hiza to drop off and pick up her daughter, a first-grader, from Pelham Elementary School.

Hiza went to school administrators last fall with concerns about bullying that she said had persisted since her daughter was in kindergarten. The bullying included derogatory comments about her hair as well as pushing and kicking by one aggressor, Hiza told The Republican. 

Geryk said administrators met multiple times with Hiza and that all "participated in collaborative problem solving" to develop action plans to respond to concerns. For nearly five months "this process appeared to be effective," Geryk said.

But then, she wrote, Hiza stopped participating "and unilaterally abandoned the action and communication plans that had been previously agreed upon. In addition, school and district administrators saw behaviors which raised safety and security concerns."

That's when officials met with Pelham and Amherst police "to discuss the escalating and threatening parental comments and actions, received their input about safety and security in light of relevant history."

Geryk said administrators consulted Pelham police in the fall "when tensions were high," and ultimately decided to pursue the stay-away order in March.

Race, Geryk said, was never a factor in the handling of the matter.

"School and district administrators would take the same action no matter the race, background, or financial circumstances of any family," Geryk said.

In an email, Hiza said she did not know what Geryk was referencing in mentioning the "tensions" last fall. "I literally have no idea in what this is in reference to, except to say an attempt to paint a bad picture of my character," Hiza wrote. 

The response echoes an email thread Hiza provided to The Republican, in which a school administrator references a statement Hiza allegedly made to a Pelham teacher in November. According to the administrator's account, Hiza said: "You need to watch yourself. If I were you, I'd be very, very careful. You need to watch your step."

In her reply to the administrator, Hiza claimed to have no knowledge of the incident, referring to "whatever it is that I supposedly said [...] in November" and asking: "Can you tell me what the conversation was that we were having when this statement was made?"   

Hiza said she did threaten to sue the school over its handling of her daughter's situation.

Geryk wrote that the district on March 29 took measures "to restore productive and respectful communication. But the parent was unwilling to engage in a process without the stay away order first being lifted."

Hiza said she will not participate in the process until the order is lifted because she doesn't trust the district.

"If administrators had listened, the bullying would have stopped, but it did not.  Not only my child, but also classmates of my child. These 'mutually' developed 'action plans' were not developed with any input from myself, but rather a plan administrators found comforting instead of addressing the racism, both implicit and explicit occurring in my child's classroom."

Body pulled from Connecticut River in Gill; clothes appear to match murder suspect Tyler Hagmaier

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The body, which has not been positively identified, was discovered by town Selectman Greg Snedeker and his 8-year-old daughter. They found it at about 3:15 p.m. caught up in reeds near their boat dock about a mile downstream from the French King Bridge.

tyler hagmaier.jpgTyler Hagmaier 

GILL -- A body recovered from the Connecticut River on Monday afternoon was wearing clothes that appear to match the description of murder suspect Tyler Hagmaier.

Police Chief David W. Hastings said the body, which has not been positively identified, was discovered by town Selectman Greg Snedeker and his 8-year-old daughter. They found it at about 3:15 p.m. caught up in reeds near their boat dock about a mile downstream from the French King Bridge.

Hastings said Hagmaier was described as wearing a leather jacket, pink shirt and Nike shoes. The body appeared to be dressed in a similar way.

Police have been searching for Hagmaier, 24, since the death of 76-year-old Quincy College professor Vibeke Rasmussen in Plymouth on May 5. Rasmussen was stabbed more than 30 times. Police found the suspect's car near the French King Bridge.

"It's obvious that it's been in the water for an extended period of time, based on the appearance of it," said Hastings of the body.

A positive identification will come from the medical examiner's office. It's unclear how long that will take.

The Gill police and fire departments were on scene Monday along with the state police detective unit and dive team.


New lawsuit seeks to halt construction of Western Massachusetts correctional addiction center

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The lawsuit is similar to one filed in federal district court in April, which was denied.

SPRINGFIELD -- Attorney Shawn Allyn plans to file a new lawsuit Tuesday in Hampden Superior Court seeking a temporary restraining order to stop construction on the proposed Western Massachusetts Correctional Addiction Center.

Allyn, representing a group of residents in the Mill Street neighborhood who are against the relocation, will file a suit similar to an unsuccessful federal lawsuit he filed several months ago. He withdrew the suit after Judge Michael A. Ponsor denied the temporary restraining order, calling the facts of the case "a mess."

At the time Allyn was representing the residents pro bono. Since then, Mike Albano -- a Governor's Council member and candidate for Hampden County Sheriff -- has hired Allyn to represent the residents.

Albano has made the choice of the Mill Street site a campaign issue, speaking openly against the relocation of the facility to a residential neighborhood. As an alternative, he has proposed building a 205-bed medical complex on the site of the Hampden County Correctional Center in Ludlow. The proposed facility would be owned by the state and include 80 units for those serving sentences and 125 for those seeking medical treatment.

In a statement released Monday, Albano said the lawsuit will challenge the permitting for the correctional center on the grounds that the center is not an educational program under the Dover Amendment, a state law that exempts some developers from local zoning restrictions if a building project will have specific uses, such as an educational component.

"The Dover Amendment was never intended for a correctional institution. The consequences of such an interpretation essentially means the sheriff and the state can place a jail virtually anywhere they want. All communities in Hampden County and across the Commonwealth should be on notice," he said.

The lawsuit will also address the fact that the addiction center is "not a lodging house under the city ordinance." It will also cite a conflict of interest with a member of the Zoning Board of Appeals.

All of Allyn's efforts to stop the relocation of the addiction center have been denied or dismissed, including the federal lawsuit as well as complaints made with the Massachusetts Commission Against Discrimination and the U.S. Department of Housing and Urban Development.

The city's Zoning Board of Appeals recently denied a petition from residents seeking to revoke the building permit for the property.

Allyn said he believes Zoning Board of Appeals member Daniel Morrissey should have recused himself from that vote. Morrissey, along with board member Andrew Wall, voted to deny the appeal.

Members Norman Roldan, George Bruce and Walter Gould voted in favor of the appeal, but a 4-1 vote was needed to approve the appeal.

Allyn claims Morrissey did not disclose that his mother worked for the sheriff's department for many years.

Officials at City Hall provided Allyn with the proper disclosure form filled out by Morrisey before the hearing on May 11. However, Allyn feels Morrisey should have revealed his connection to the sheriff's department in an open meeting.

Morrissey served as chair of the board on May 11 because chairwoman Brenda Doherty recused herself from the hearing. It was unclear why Doherty recused herself.

"The procedural irregularities engaged in with this process has been overwhelming," Allyn said.

If the lawsuit fails, Albano said he is willing to take the matter to the Appeals Court and the Supreme Judicial Court.

3 displaced by cellar fire in Springfield home

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Power was cut to two apartments, and the tenants will stay elsewhere until the units are inhabitable again.

SPRINGFIELD - The Red Cross is helping three people displaced by a cellar fire at a multi-family home in the city's Upper Hill neighborhood.

Dennis Leger, aide to the Springfield Fire Commissioner, said the fire started between the ceiling and the first floor at around 6:27 p.m. Monday. No one was hurt.

The fire caused less than $5,000 worth of damage to one unit. Power was cut to two apartments, and three tenants will stay elsewhere until both are inhabitable again.

The cause of the fire has not been determined. The Springfield Arson & Bomb Squad is investigating.


 

Victim, whose body was pulled from Chesterfield pond, identified as 55-year-old Florence man

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The man's name has not been released. Foul play is not suspected.

This updates a story posted at 6:49 a.m.

CHESTERFIELD -- A 55-year-old Florence man has been identified as the victim whose body was recovered from Damon Pond Sunday night.

Mary Carey, spokeswoman for the Northwestern district attorney's office, said the victim was swimming toward a raft but failed to reach it.

The man's name has not been released. Foul play is not suspected.

Goshen firefighters, who provided mutual aid to Chesterfied emergency personnel, were summoned to the scene shortly after 6 p.m., according to a post on the department's Facebook page.

The raft was approximately 50 to 70 feet off shore. Firefighters launched what they described as their rapid deployment craft and searched the area with pike poles, according to the post.

Firefighters discovered the body in water that was approximately 10 to 12 feet deep about 30 minutes after their arrival.

State police attached to both the Northampton barracks and the Northwestern district attorney's office responded.

Eric Kelly-Combs denies drug trafficking, weapons charges related to Northampton traffic stop

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A 24-year-old Haydenville man allegedly caught in the city with illegal guns and $20,000 worth of heroin denied a dozen charges related to the traffic stop when he was arraigned in Hampshire Superior Court Tuesday.

NORTHAMPTON - A 24-year-old Haydenville man allegedly caught in the city with illegal guns and $20,000 worth of heroin denied a dozen charges related to the traffic stop when he was arraigned in Hampshire Superior Court Tuesday.

Eric M. Kelly-Combs was ordered held on $40,000 cash bail or $400,000 surety, though his attorney can challenge the amount at a later date.

He pleaded not guilty to charges of possession to distribute a class A drug, two counts of possession to distribute cocaine, heroin trafficking between 35 and 100 grams, possession to distribute phencyclidine, being a felon in possession of a firearm, misleading police, unlicensed possession of ammunition, and two counts each of being in possession of an illegal firearm with two prior violent or drug crime and possession to distribute a class D drug.

According to Northampton police, Kelly-Combs was a passenger in a car officers stopped for a lights violation on Conz Street early Feb. 14. Police found in the vehicle 60 grams of heroin, 8.5 ounces of marijuana, drug packaging materials, two guns, ammunition and $508 in cash. Both guns had been reported stolen, police said.

Police noted in documents in Northampton District Court, where Kelly-Combs was first arraigned after his arrest, that he is a known heroin user and has been arrested several times in the city for drug and violent crimes.

He is due in court next on Sept. 27.

The driver of the vehicle, Paulo Rodrigues-Correia of Hadley, was charged in district court with charges of trafficking heroin; possessing a class D drug with the intent to distribute; two counts of possessing a firearm, a felony; and two counts of possessing a firearm without an FID card. He was held on $7,500 bail and has not been indicted in superior court.

Deja vu: Agawam City Council continues to debate process of filling School Committee vacancies, tables matter again

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The council cannot decide whether to abdicate its role in the process of filling school committee vacancies created by resignations or deaths.

AGAWAM — If you listen very closely, you can almost hear the ghost of Yogi Berra delivering one of his famous Yogisms: "It's like deja vu all over again."

That was the case at a recent Agawam City Council meeting, where, once again, the legislative body discussed whether to push for special municipal legislation to change the process of filling vacancies on the School Committee. And, once again, the board was unable to reach a consensus, tabling the matter until its next meeting.

Currently, the City Council must sign off on an appointment to fill a School Committee vacancy created by the death or resignation of a school board member. Some city councilors seem inclined to pass off that responsibility to the School Committee, allowing that board to determine its trajectory exclusively, but the council was unable to reach an agreement at both of its May meetings.

The logical method of succession, according to some city councilors, is to give the seat of a School Committee member who resigns or dies in office to the runner-up or next-highest vote-getter who failed to win a seat on the board during the last election. That takes the politics out of the selection process, according to supporters of that method.

The City Council, at its May 16 meeting, agreed to table the issue until the School Committee had a chance to weigh in on the succession process. That has now happened, and the School Committee does not favor the runner-up model for filling vacancies. Board members would instead prefer to interview and vet their own potential appointees to the panel.

The City Council should not impose its will on the School Committee, Councilor Robert E. Rossi told his colleagues. "I think it's their prerogative, and I don't think it's the prerogative of the City Council," he said. "We're here to legislate. We're here to make sure that everyone has equal protection under the law."

Councilor Christopher C. Johnson agreed with Rossi, adding that the runner-up model is flawed because it fails to acknowledge that the next-highest vote-getter failed to get elected to public office. "I think the fact that a person ran in the election should be a consideration," Johnson said, "but should not be the sole consideration, because the one thing that seems to be overlooked is the person lost, the people didn't want them."

Johnson said he prefers giving the School Committee power to decide for itself. "I think we should respect the wishes of the School Committee, and if we're going to change the provisions of the charter, we should move forward with what they've asked," he said.

Councilor Joseph Mineo said the school board should have the authority to fill vacancies without City Council oversight. "I think that the School Committee should decide on what they want to do with that open seat," said Mineo, vice president of the City Council.

The council is expected to revisit the topic at its June 6 meeting.

The issue came up in March, when longtime School Committee member Roberta Doering died. The City Council and School Committee appointed Brian A. Burbank, who lost his race for the school board, to fill Doering's seat.


 

All options - including carbon fee - on the table as Massachusetts reacts to SJC global warming ruling

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The Massachusetts Department of Environmental Protection plans to hold a meeting within weeks to begin the process of determining how to comply with a court ruling requiring Massachusetts to set annual standards for greenhouse gas reductions.

BOSTON -- The Massachusetts Department of Environmental Protection plans to hold a meeting within weeks to begin the process of determining how to comply with a court ruling requiring Massachusetts to set annual standards for greenhouse gas reductions.

"We recognize the court's decision and fully intend to comply with it," said Massachusetts Department of Environmental Protection Commissioner Martin Suuberg.

Suuberg said the Baker administration has not ruled out any options - including imposing a carbon tax.

Under questioning from State Sens. Marc Pacheco, D-Taunton, and Michael Barrett, D-Lexington, both of whom support carbon pricing, at a hearing of the Senate Committee on Global Warming and Climate Change, Suuberg said, "We're going to take a look at all of the strategies."

Although Suuberg said carbon pricing, in which residents and businesses pay for the amount of energy they use, raises "cost issues,"  but he declined to rule it out entirely before the administration has examined all its options. "We're looking at everything right now," Suuberg said. "We want to make sure we're looking at the most cost-effective measures."

The Supreme Judicial Court earlier in May ruled in favor of a group of environmentalists who sued Massachusetts for failing to establish concrete targets for reducing greenhouse gas emissions.

In 2014, the Conservation Law Foundation, Mass Energy Consumers Alliance and four Massachusetts high school students sued the Massachusetts Department of Environmental Protection, arguing that the department failed to comply with the Massachusetts Global Warming Solutions Act, an act requiring Massachusetts to cut its greenhouse gas emissions by specific amounts in future decades.

The state had issued a plan outlining steps it was taking to reduce emissions, but the environmentalists said the plan fell short because it did not include new regulations or a hard cap each year limiting the amount of emissions produced by specific sources. A Suffolk County judge dismissed the suit, finding in favor of the state. But in mid-May, the Supreme Judicial Court overturned the lower court's ruling.

The Supreme Judicial Court ruled that the Department of Environmental Protection must adopt regulations to set concrete limits for greenhouse gas emissions, which decline on an annual basis. The reductions must be based on the volume of carbon produced and must set caps on multiple in-state sources of carbon emissions.

There are numerous ways that a state can cut carbon emissions, including, for example, increasing energy efficiency standards for cars or buildings, fixing gas pipe leaks or imposing fees on power plants.

Suuberg said the department is only beginning the process of reviewing the court decision to figure out what changes to make. He said actually establishing new regulations will take time although, he said, "We recognize our work must begin immediately." He said the administration plans to consult with all the involved interest groups as it analyzes various options.

The Global Warming Solutions Act requires that by 2050, greenhouse gas emissions be reduced by at least 80 percent below 1990 levels. They must be 25 percent below 1990 levels by 2020.

The court ruling is giving advocacy groups an impetus to push their own proposals.

David Ismay, a staff attorney for the Conservation Law Foundation, suggested at the hearing that the state fix gas leaks; increase energy efficiency standards; take steps to reduce vehicle miles traveled; and increase the amount of renewable energy that power plants must purchase.

Ismay said to meet the standards set by the Global Warming Solutions Act for 2020, the state must cut its carbon emissions by 5 million tons per year above existing programs and policies.

Ismay said he is hopeful that future generations will see the court decision "as a turning point where their parents and grandparents rolled up their sleeves and began to do the work that the present threat of climate change demands."

Meanwhile, a group of environmentalists have been pushing for a bill proposed by Barrett that would institute a carbon tax, which would raise the price on energy generated from oil, natural gas and coal, then return the money to consumers through flat rebates so that those who use less energy save money and those who use more energy lose money.

Cindy Luppi, coordinator of the Massachusetts Campaign for a Clean Energy Future and New England director of Clean Water Action, is among those calling for a carbon fee. "The Commonwealth of Massachusetts will not meet the mandates of the Global Warming Solutions Act without stronger reforms," Luppi said in a statement. "The carbon fee and rebate policy has been effective in both reducing fuel consumption and growing the clean energy sector in British Columbia and makes sense for the Commonwealth."

Pacheco, who chairs the Senate committee, and Barrett made no secret of their support for a carbon tax.

"Short of rationing, pricing is the most potentially promising tool we have," Barrett said.

Springfield North End residents, organizers want priority list for Gerena School repairs

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Residents have complained about the condition of the school's tunnel for many years. Constant leaks and mold plague the tunnel.

SPRINGFIELD — Women of the Vanguard, the North End Community Corporation, Inc., New North Citizens Council, Neighbor to Neighbor and local politicians are hoping a meeting at the German Gerena School on Wednesday night will outline what repairs will be made to the school.

"This has been going on for too long," said Maria Perez, president and founder of Women of the Vanguard. "We want to see a detailed, written plan of priorities for Gerena."

Perez is referring to leaks, water damage and mold that have plagued the school's tunnel system for years.

The meeting will be held in the school's cafeteria at 6 p.m., and was organized by the city after residents and community organizers protested outside the school in April.

The meeting will include a presentation by two representatives from the Environmental Protection Agency, which has conducted various tests on the air quality and other problems at the school.

"They will be able to provide fact-based evidence about the safety of the school," said Patrick Sullivan, the city's director of parks, buildings and recreation management.

As for the priority list Perez and others would like to see, Sullivan said there is a plan for repairs beginning with the tunnel, followed by a new heating and ventilation system and the re-opening of various rooms in the tunnel that cannot be used.

"First the state needs to release the funding," he said.

Sullivan is referring to a $3 million state bond for repairs to the Federal Highway Bridge on Birnie Avenue, which is considered a major means of resolving long-term water leakage issues in the school's pedestrian tunnel. The membrane of the bridge, which is atop the tunnel, has failed, causing water to penetrate into the tunnel, city officials said.

The neighborhood organizers have met with Ward 1 City Councilor Adam Gomez and State Rep. Carlos Gonzalez, D-Springfield in hopes that the city and especially the state will see the seriousness of the issues, Perez said.

Gonzalez said he has sent two letters to Gov. Charlie Baker and has met with Baker's legislative director.

"I have invited the governor to personally take a tour of the school and to impress upon him the need and necessity for immediate attention to this school. This is urgent," he said. "I stand with the residents in requesting the bond be released so the city can commence doing the work to address the issues of the leaks."

Problems with the tunnels have been well documented for many years. In 2013 WGBY did a 10-part series on the issues facing the school including the water damage, high asthma rates in the student population and more.

At a recent press conference, Mayor Domenic Sarno said his administration has invested $4.7 million into improvements at Gerena, ranging from routine work to capital improvements.

"We want to see where that money went, what repairs were made and we want to work with city officials and the state to create a better future for Gerena because it is long, long overdue," Perez said.

Carmen Santana, head of the North End Community Corp. and also a newly elected member of the New North Citizens Council Board of Directors, said the community will be expecting answers as well as solutions at Wednesday's meeting.

"We want to work together and help in whatever way we can to make this school a safe and positive learning environment for our children, because this will continue to affect kids for generations to come," she said.

Sullivan said the city and the residents are on the same page.

"We have talked to Sen. Jim Welch and State Rep. Gonzalez about trying to get that bond money released, and I believe things are going in the right direction," he said.

The meeting is open to the public, and there will be a question and answer portion at the end.



Springfield Mayor Domenic Sarno declares 'Gun Violence Awareness Day' as part of national campaign

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Springfield Mayor Domenic J. Sarno is asking residents to wear orange on June 2, as part of "Gun Violence Awareness Day."

101911 domenic sarno mug.jpgDomenic Sarno 

SPRINGFIELD -- Calling gun violence a "scourge" to urban cities, Mayor Domenic J. Sarno issued a proclamation this week that formally declares Thursday, June 2, as "Gun Violence Awareness Day," in Springfield in conjunction with a national "Wear Orange" campaign.

Sarno, in a prepared release, said the initiative in Springfield is an effort of Every Town for Gun Safety, described as "a movement of Americans working together to end gun violence and build safer communities."

Residents are asked to wear orange on June 2 in recognition of National Gun Violence Awareness Day, Sarno said..

"Gun violence, especially with the use of illegal guns, is a scourge to our urban American cities," Sarno said. "We mayors are on the 'front lines' of this issue and must continue to advocate for education, prevention and when necessary, incarceration aspects to combat this scourge.

Man accused of stabbing Holyoke police dog headed to trial

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Joseph Albelo of Holyoke is charged with two counts of armed robbery, one count of mistreating a police dog or horse, one count of animal cruelty and one of resisting arrest.

SPRINGFIELD - A Holyoke man who allegedly stabbed a city police dog following a July 2015 armed robbery is headed to trial in June after the defense lawyer and prosecutor reported they were ready to proceed with the case.

The trial date for Joseph S. Albelo co-defendant Rafael Serrano -- who is accused in the robbery, but not in the stabbing of Holyoke police K-9 Jori -- was Tuesday. Hampden Superior Court Judge Constance M. Sweeney put the case in the pool of cases awaiting assignment to a trial judge.

Albelo, 25, of Holyoke, is charged with two counts of armed robbery, one count of mistreating a police dog or horse, one count of animal cruelty and one count of resisting arrest. He is represented by Peter M. Murphy in the case being prosecuted by Assistant District Attorney James M. Forsyth.

Serrano, 27, of Holyoke, is charged with two counts of armed robbery. He may plead guilty prior to trial, it was reported.

The charges stem from an incident at 10:30 p.m. on July 14, 2015, when Holyoke police officers were called to the intersection of Maple and Appleton Streets for a report of an armed robbery.

The victims told a responding officer they were robbed at knifepoint by two men after they'd purchased food at the 285 Maple St. McDonald's. The items reportedly stolen included a square gold ring featuring yellow and black diamonds, a gold Tenko-brand watch with diamonds in it, a North Face backpack, two smartphones and $150 in cash.

A pursuit ensued when an officer spotted two men matching the victims' description of their alleged assailants near the intersection of Maple and Hampshire streets.

According to police, Officer Ryan Tabb joined in the chase when spotted one of the men -- later identified as Albelo -- as he was driving in a marked cruiser toward the police station for his shift. Court documents state that Tabb exited his cruiser with Jori and shouted for the man to stop running because the dog would bite.

The suspect continued running, but Jori caught up with the man and bit his lower leg. Several officers on the scene reported witnessing Albelo then repeatedly attempt to stab the dog.

"As the K-9 was running next to Mr. Albelo, I observed him swinging his right arm at the dog in a downward stabbing motion," Officer Michael R. Everett wrote in his report.

Tabb said he heard his partner yelp and that the man attempt to stab the dog at least five times.

"I saw him about to stab again and jumped on him, held him down with both hands and told him to drop the knife," Tabb stated in court documents.

After Albelo was handcuffed, Tabb rushed his partner to the VCA Boston Road Animal Hospital in Springfield, where Jori received seven stitches for stabb wounds between his shoulder blades and neck.

Serrano was arrested in the area of Cabot, Maple and Chestnut streets.

Jori -- who has since returned to work -- and Tabb went on to receive the Massachusetts Police Association's Medal of Merit.

Lawsuit to stop relocation of addiction center names Springfield's Zoning Board, building commissioner

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This is attorney Shawn Allyn's fifth attempt to halt the relocation of the facility to Mill Street.

SPRINGFIELD — Attorney Shawn Allyn filed a new lawsuit in Hampden Superior Court Tuesday seeking a temporary restraining order to stop construction of the proposed Western Massachusetts Correctional Addiction Center.

The suit is similar to an unsuccessful federal lawsuit he filed several months ago on behalf of residents opposing the facility's relocation to Mill Street.

City officials said Tuesday they had not seen the lawsuit and could not comment.

The new suit, brought forward by Mill Street homeowner Patricia Taste-Ray, claims the city issued a lodging permit to the addiction center without a required City Council special permit. It names as defendants the city's Zoning Board of Appeals and building commissioner, as well as Mill Street Iconic Properties LLC and alleges violations of the city's zoning ordinances.

"The city then claimed it was issuing this private corporation a nonprofit exemption from special permitting without any public hearing or notice to abutters.... As such the city failed to meet the requirements of its own zoning regulations and public hearing requirements," the lawsuit states.

The 39-page document goes on to argue that the treatment center is a correctional facility, not a lodging house or educational institution. This, the lawsuit claims, means it does not qualify under the Dover Amendment, a state law that exempts some developers from local zoning restrictions if a building project will have specific uses, such as an educational component.

The suit also claims Taste-Ray was not given due process and points to the fact that the ZBA's acting chairman Daniel Morrissey voted on the matter even though his mother had "financial interest" with the Hampden County Sheriff's Department. Officials at City Hall provided Allyn with the proper disclosure form filled out by Morrisey before the hearing on May 11.

"Had this conflict been disclosed publicly the plaintiff would have moved for this voting member to recuse himself in order to obtain a fair and impartial hearing," the document reads.

This is Allyn's fifth attempt to halt the relocation of the facility to Mill Street.

The federal lawsuit was withdrawn, complaints filed with the Massachusetts Commission Against Discrimination and the U.S. Department of Housing and Urban Development were dismissed, and the Zoning Board of Appeals denied a request by residents to revoke a building permit issued to Mill Street Iconic. No court date has been set for the latest lawsuit.

Correctional Center lawsuit: May 2016

Gov. Charlie Baker signs hospital pricing compromise into law

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Baker, a Republican, signed the bill into law without fanfare less than a week after a deal was reached to avert a potential 2016 ballot question.

BOSTON -- Gov. Charlie Baker on Tuesday signed a law that will avert a 2016 ballot question related to hospital pricing.

Baker, a Republican, signed the hospital pricing bill into law without fanfare and without a formal signing ceremony. His signature came less than a week after Baker, House Speaker Robert DeLeo, D-Winthrop, and Senate President Stan Rosenberg, D-Amherst, announced that a deal had been reached.

The deal quickly passed the Legislature late last week.

A union representing health care workers, 1199SEIU, had been pushing for a bill and a ballot question that would limit disparities in the amount commercial insurers can pay different hospitals for the same procedure, in order to help financially struggling smaller community hospitals. The state's hospital association, and particularly Partners Healthcare, which stood to lose the most money, opposed the question.

The compromise creates a new fund with $45 million over five years, distributed in a way that hospitals that charge lower prices to insurers will get more money. That money would come from the budget of the Center for Health Information and Analysis, raising concerns that the independent state health policy research agency would essentially be gutted.

The compromise law raises an additional $15 million annually from a new fee on hospitals, which will be redistributed back to hospitals through MassHealth reimbursements.

It will also establish a Special Commission to Review Variation in Prices among Providers, which will make policy recommendations by March 15, 2017 to address the disparity in health care pricing in the long-term.

Union leaders plan to pull the ballot question. Both union and hospital representatives have said they will work with the new commission to figure out a long-term solution to address disparities in hospital pricing.

 

Massachusetts Weather: Clear skies Tuesday night, mostly sunny Wednesday

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A beautiful day is ahead for Massachusetts.

SPRINGFIELD -- A beautiful day is ahead for Massachusetts. 

The National Weather Service reports Tuesday evening will be clear, with the low in the mid-50s in Springfield and Worcester, low-60s in Boston. 

Wednesday will be sunny in Boston, with the high expected to remain in the high-60s. 

It will be a bit cloudy in Springfield and Worcester. The high is expected to reach 76 degrees in Worcester, 82 in Springfield. 

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