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Judge refuses defense request to release Suzanne Hardy, woman charged in Brimfield crash that killed young brothers

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Suzanne Hardy, 23, of Holland, is accused of manslaughter in connection with a 2014 crash on Route 20 in Brimfield that killed two young brothers who were passengers in her car.

SPRINGFIELD -- The defense lawyer for Suzanne Hardy told Hampden Superior Court Judge Mark D. Mason on Monday that Hardy is not a danger to the community and should be released while awaiting trial.

Mason, after hearing from defense lawyer Joan Williams and Assistant District Attorney James M. Forsyth, allowed Forsyth's request to keep Hardy incarcerated pending trial.

Hardy, 23, of Holland, is accused of manslaughter in connection with a 2014 Brimfield crash that killed two young brothers who were passengers in her car. Brothers Dylan Riel, 4, and Jayce Garcia, 1, of Southbridge, were killed in the June 20, 2014 crash. Hardy was Dylan Riel's aunt.

She had been free on her own recognizance in that case until last week, when she was sent to prison after she was charged in Newburyport District Court with possession of an electric stun gun.

Hardy on July 25 denied the stun gun charge in the Newburyport court, but the prosecutor moved to have her bail revoked in the Hampden Superior Court case because of the new charge.

Bail revoked for woman charged in Brimfield crash

Mason on Monday refused to change the decision to revoke Hardy's bail on the Hampden Superior Court case. He ordered her held without right to bail for up to 90 days.

She was brought to Hampden Superior Court on Monday from the Massachusetts Correctional Institute in Framingham, a women's prison where she was sent July 25.

Forsyth said Hardy was charged in the Newburyport stun gun allegation on April 9 when police stopped a car in which she was riding. He said she was summonsed to court for July 25, at which time she denied the stun gun charge and had the bail in the Hampden Superior Court case revoked.

Forsyth said the car in which Hardy was riding was stopped at 2:44 a.m. She was a passenger in the back seat and a pink stun gun was found on her left side. She admitted it was hers, he said.

Williams said in the two years since the crash, Hardy, who was hospitalized for four to five months, has had ongoing problems from injuries including short-term memory loss coupled with anxiety and depression.

Williams said Hardy told the officer who stopped the car the stun gun belonged to a friend of hers, but could not remember the name. Hardy said the woman was a friend of friends, but could not remember the friends' last names, Williams said.

Williams said that was because of the short-term memory loss.

"Her anxiety kicked in and she said it was hers even though she had maintained it was not hers," Williams said.

She asked that Hardy be released with an electronic monitoring bracelet and a requirement to report to probation.

Mason said the fact she admitted the stun gun was hers and was charged with that crime does represent a threat to the community.

Hardy's trial date for the manslaughter case is Oct. 3. She has pleaded not guilty to two manslaughter charges, two counts of motor vehicle homicide by negligent or reckless operation, one count of assault and battery with a dangerous weapon and three counts of reckless endangerment of a child.

Holland woman charged with manslaughter in Brimfield crash that killed 1- and 4-year-old brothers

Williams told Mason on Monday she has not yet gotten the accident reconstruction report she is due as part of pretrial discovery, so she doubts the trial will be Oct. 3. She said she has a reconstruction expert on retainer waiting to get that report.

In May, Williams asked to move the trial to October, citing the more than 5,000 pages of cellphone records provided by prosecutors, who allege Hardy was texting at the time of the crash.

Williams said she was owed more information from the prosecution, and that a defense expert needs time to go over all records.

Forsyth said Hardy was charged with reckless endangerment of a child because the three children in the car were not properly restrained. There was another 4-year-old child in the vehicle.

As a condition of her release, Hardy had been ordered to stay away from Nicole Riel and Andres Garcia of Southbridge, the boys' parents. She was also ordered not to drive.

Hardy was charged with two counts of manslaughter and two counts of motor vehicle homicide by negligent operation for the deaths of the boys -- meaning she could be founded guilty of either manslaughter or motor vehicle homicide.

A manslaughter conviction carries a sentence of up to 20 years, while a motor vehicle homicide conviction carries a sentence of up to 15 years.


Gov. Charlie Baker signs Massachusetts equal pay law

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The law better defines comparable work, prohibits employers from requesting salary history during job interviews, and ensures that businesses cannot forbid workers from discussing their salaries.

BOSTON -- For nearly two decades, Dorothy Simonelli worked in the cafeteria at Everett High School. She and her colleagues cooked turkey and big vats of pasta and made their own sauce.

When the cafeteria workers asked for a raise, their request was denied.

"Management said...they're just women, they're working for pin money, money for jewelry," recalled Barbara Rice, a union representative at the time.

In 1989, the cafeteria workers sued. They argued that the female cafeteria workers were earning less than the male custodians, in violation of Massachusetts' equal pay law. A ruling in their favor was overturned by the Supreme Judicial Court in 1998, which found that the positions were not considered comparable, so there was no requirement for equal pay.

On Monday, Simonelli and Rice watched Gov. Charlie Baker sign a law updating Massachusetts' equal pay law to better define comparable work and to put in place other protections to ensure that women are paid equally for equal work.

"There are no words," said Simonelli, now 83. "I just feel so wonderful. I'm so happy for my coworkers and all the ones that have passed on."

The new law updates Massachusetts's equal pay law, which was passed in 1945. The 1945 law was the first in the country to require comparable pay for comparable work. A federal equal pay law was passed in 1963.

The new law will prohibit employers from requesting salary history during a job interview -- although a job applicant can voluntarily disclose that information. It says businesses cannot forbid workers from discussing their salaries with each other. It provides a clearer definition for what criteria employers can use to determine what is "comparable work."

It extends the statute of limitations for bringing an equal pay claim from one year to three years.

The bill also includes provisions sought by businesses. For example, if an employer does a self-evaluation to determine whether there are compensation differences then takes steps to eliminate them, the employer will be protected from equal pay lawsuits for three years.

The bill passed both the House and the Senate unanimously. It goes into effect Jan. 1, 2018.

Supporters of the new law cite a study showing that women working full time in Massachusetts earn 82 cents for every dollar men earn.

Lt. Gov. Karyn Polito said she has been lucky to get paid equally to men, working in her family's real estate business, then making the partnership track at a Worcester law firm. But, Polito said, "It shouldn't take luck for a working woman in this commonwealth to feel she has access to a level playing field."

Despite many of them having worked until after midnight closing out this year's legislative session, a number of legislative leaders spoke to a crowd of women's rights advocates and business leaders who attended the bill-signing ceremony.

"Pay equity gets to the heart of who we are as Americans," said House Speaker Robert DeLeo, D-Winthrop.

Some noted that there is more work to be done. Senate President Stan Rosenberg, D-Amherst, used the occasion to advocate for the institution of paid family leave in Massachusetts. The Senate passed a paid family leave bill at the end of the legislative session, but without enough time for the House to take it up.

After Rosenberg said the state must implement paid leave, he looked over at DeLeo and Baker. "I just wanted to check to see if the speaker and the governor were applauding," Rosenberg said.

State Sen. Pat Jehlen, D-Somerville, a sponsor of the pay equity bill, said more work must be done to improve pay in fields that tend to be dominated by women, such as caring for children, seniors or people with disabilities, or making and serving food. "Our work is not done until those in the caring professions are paid what their work is really worth," Jehlen said.

Despite remaining obstacles, lawmakers cheered the bill as a major step forward for women and their families. "Today in Massachusetts, we can say equal pay for equal work is not just a slogan," Jehlen said. "It's the law."

Take a look as Holyoke Urban Bike Shop plans $10-$150 bike sale (photos)

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The Holyoke Urban Bike Shop youth program will hold a bicycle sale on Saturday, Aug. 6, 2016 from 9 a.m. to 1 p.m. at 160 Beech St.

HOLYOKE -- Mountain bicycles, bikes for children and hybrid bikes will be on sale for $10 to $150 Saturday from 9 a.m. to 1 p.m. at the Holyoke Urban Bike Shop at 160 Beech St.

"We have around 30 bikes for sale. Kids bikes range from $10 (to) $50 and adult-sized bikes are $40 (to ) $150," Colby Singleton, coordinator of Holyoke Urban Bike Shop (HUBS), said in an email Monday.

A hybrid bike is the name for a bike that is a cross between a road bike and a mountain bike, she said.

"They usually have upright handlebars and wider tires with a noticeable tread," Singleton said.

HUBS is a youth leadership development program associated with the Greater Holyoke YMCA that teaches bicycle mechanics and safe riding skills to teen-agers in Hampden County, she said.

For information contact Singleton at 413-534-5631 or hubs@holyokeymca.org


City has paid $1.2 million since FY 2012 to company run by golf pro Kevin Kennedy Jr., records show

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Kennedy was paid a salary of $67,000 this year, according to his contract with the city.

SPRINGFIELD -- The city has shelled out $1.23 million in payments between fiscal year 2012 and fiscal year 2016 to the golf course management company run by Kevin M. Kennedy, according to the city's open checkbook records.

Kennedy is president of Kennedy Golf Management, a company that since 2011 has won municipal contracts to provide golf pro and other services at the city-owned Franconia and Veterans Memorial courses on Dwight Road and South Branch Parkway, respectively. 

He was hired as the pro at the city's two golf courses in 2006. Under the company's current contract with the city, awarded in March, Kennedy's salary is $67,000.

The popular courses have come under scrutiny after federal agents swarmed the courses on July 28 as play went on around them. An agent with the Internal Revenue Service said the agency was executing search warrants in the pro shops as part of an ongoing criminal investigation, but refused to provide further details.

City Solicitor Edward M. Pikula said he agreed to turn over additional "golf related documents" to investigators but refused further comment.

Kennedy is the son of the city's chief economic officer Kevin E. Kennedy, who was a longtime aide to U.S. Rep. Richard E. Neal, D-Springfield, before the elder Kennedy was hired by the city in 2011.

Agents also raided Kennedy Jr.'s upscale homes on Sherwood Lane in East Longmeadow and at 7 Ferry St. in Dennis on the same day.

The East Longmeadow home is valued at $555,000 according to assessor's records. Public records on Cape Cod show Kennedy Jr. purchased a house on that property for $258,000 in 2012, demolished the existing home and built a new one valued at $488,000 in 2013, plus a detached garage for $45,000.

The younger Kennedy has not been available for comment; it is unknown whether he has hired an attorney.

Though law enforcement officials have not publicly made a connection between the two investigations, both of Kennedy Jr.'s homes were built by sought-after custom home builder Kent Pecoy. Pecoy has been the subject of a grand jury investigation, law enforcement officials confirmed in April. A lawyer for Pecoy denied any wrongdoing by Pecoy or any employee of Kent Pecoy Homes, based in West Springfield.

Kennedy's most recent bid for the city contract, obtained by The Republican through a public records request, lists Pecoy as a business reference.

Kennedy Golf Management is in the first year of its fourth, three-year contract with the city.

According to the contract -- also obtained through a public records request -- the total to be paid in FY 2016 is around $270,000. Payouts under the contract were broken down as follows:

  • $67,000 for Kennedy's salary;
  • $25,715 for an assistant golf pro salary;
  • $139.600 for starters and rangers;
  • $1,668 for federal unemployment tax;
  • $5,056 for state unemployment tax;
  • $14,435 for employer Social Security;
  • $3,376 for employer Medicare;
  • $1,988 for payroll services;
  • $4,358 for workman's compensation insurance;
  • $6,791 for accounting services.

According to the city's open checkbook, the city's contractual payments to the company over the past five fiscal years have been:

  • Fiscal Year 2012: $238,018.96
  • Fiscal Year 2013: $242,383.40
  • Fiscal Year 2014: $241,371.88
  • Fiscal Year 2015: $240,950.91
  • Fiscal Year 2016: $270,286.16

According to the contract, the golf pro is entitled to "receive and keep as his own property all fee revenue from golf lessons, rental revenue from hand pull carts, but not power carts, and all revenue from operation of the two golf pro shops."

The pro is still required to maintain and, if requested, to provide to the City records regarding this revenue, it states. The city is entitled to power cart rental fees and greens tickets.

"The golf pro shall deposit EACH DAY, at the end of the day (emphasis included in document), all such revenue in a bank account provided by the City for the receipt of these daily deposits," the document states.

The city is responsible for maintaining the grounds and has parks employees devoted to those functions.

The golf season is defined as running from March to November.

The Republican has a request pending with the city for annual revenues for the two courses dating back to 2010, among other documents, and has inquired whether the city has ever performed an internal audit on the operations.

Hampden County sheriff candidate Michael Albano hosts unconventional 're-opening' of campaign HQ, tees off on inmate phone call fees

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Once again thumbing his nose at conventional stumping, Hampden County sheriff candidate Michael Albano hosted a "grand re-opening" of his campaign headquarters on Monday.

EAST LONGMEADOW — Once again thumbing his nose at conventional stumping, Hampden County sheriff candidate Michael Albano hosted a "grand re-opening" of his campaign headquarters on Monday.

The event included two supporters and his campaign manager, one reporter and a Facebook Live greeting to the public.

The office suites at 280 North Main St. looked mysteriously like the same office suites he has maintained for 11 years — including the bowl of Democratic bumper stickers near the door and framed photos of Albano with the late U.S. Sen. Edward Kennedy and former President Bill Clinton. In keeping with his self-styled trailblazing campaign tactics, Albano billed the event as the "first time in Western Massachusetts that a headquarters opening will be broadcast live via Facebook."

Launched promptly at 6:06 p.m., the video had more than 500 views just after 7 p.m., according to Albano's campaign manager, Alex Freedman.

"Rather than having a bunch of people sitting around drinking beer at a campaign opening, I thought I'd take a moment to talk about the real issues," Albano said.

Albano, a governor's councilor and former four-term Springfield mayor, took the opportunity to broadcast a video attacking the Hampden County Sheriff's Department alleged inmate phone call contract with GlobalTel, a company that provides phone services to inmates who must place collect calls to loved ones.

The video features Peter Wagner, executive director of the Prison Policy Initiative, standing in front of the Ludlow jail bemoaning the policy of awarding contracts to big companies like GlobalTel in exchange for commissions.

"Commissions are just a fancy name for kickbacks," says Wagner, who has been featured in many publications assailing the practice.

Wagner tells viewers that "a single 15-minute phone call from this jail to a loved one can cost as much as $17."

Albano said Wagner's appearance in the video was not paid for by the Albano campaign. Previously, Albano turned up his nose at lawn signs and bumper stickers, declaring them a waste of money and bad for the environment.

Stephen O'Neil, community communications officer for the Hampden County Sheriff's Department, said he believes the jail's inmate phone call rates are lower than their counterparts, but that he would have to research the issue after Albano's Monday press conference and respond more definitively on Tuesday.

Albano, who has spent much of his campaign assailing the department's current policies, said he will put a stop to the arrangement between the jail and GlobalTel, even risking litigation. He did not know the specific details of the contract.

"I'm going to stop the practice," he said.

The former mayor also said he believed that many paid consultants for the jail are paid out of the same fund intended to finance direct inmate services, including that of Jay Ashe, the brother of outgoing Hampden County Sheriff Michael Ashe. Jay Ashe was once assistant superintendent at the jail, retiring at about $102,000 annually. He has collected tens of thousands more per year staying on as a consultant in the same role since 2010.

"This to me this is not just outrageous, it's egregious," Albano said.

O'Neil said while he concedes the department does have consultants on the payroll, he believes most if not all of them are paid out of the department's general budget as opposed to the inmate commissary fund.

O'Neil promised additional details on that topic as well. He said the inmate commissary fund is earmarked for special services such as holiday parties and presents for inmates' children.

Albano is among three Democrats vying for the seat along with Nick Cocchi, assistant superintendent at the jail, and Tom Ashe, a Springfield city councilor and former corrections employee. Also running to succeed Michael Ashe (no relation to Tom Ashe) are Republican John Comerford, a veterans services administrator, and James Gill, a deputy assistant superintendent at the jail running as an independent.

The Democratic primary will take place on Sept. 8, a Thursday. The victor of the Democratic race will square off against Gill and Comerford in November.

Car crashes into house in Springfield, driver taken from scene by ambulance

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The crash was reported at around 9:30 p.m. The driver is the only one with injuries.

SPRINGFIELD - A man who crashed his car into the house at 45 Knox St. on Monday night was taken from the scene by ambulance.

The crash was reported at around 9:30 p.m. The driver is the only one with injuries.

A witness who asked to be identified as Khmer said he was driving an Uber in the neighborhood when he saw the car "flying like a bat out of hell, bounce up the curb," and slam into the house, causing extensive damage to the vehicle.

The house is also damaged, and firefighters were on-scene looking around the foundation with flashlights.

Khmer stopped to assist. He said the driver was able to get out of the car on his own.

Chicopee celebrates Night Out Against Crime with K9 demonstration, wing eating contest

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This is the 22nd year Chicopee has held a Night Out Against Crime. Watch video

CHICOPEE - Bryan Mendez wants to be a policeman now, but last week he was pretty sure he wanted to be a fireman. Monday night he had a chance to try out both.

"He went into the police car and he was able to get into the fire truck," said Nixida Natal, 4-year-old Bryan's mother.

Natal, who moved to Chicopee a few months ago, said it was her first time attending the National Night Out Against Crime in Sarah Jane Sherman Park. Although threatening rain kept the typically large crowds away, she said she was happy she brought her son.

"We need more stuff like this for the kids," she said.

The two were waiting to see a balloon artist and Bryan tried out the bounce houses. The event also offered a dance exposition and a police dog demonstration. There was free food, the Fire Department gave out fire safety coloring books and other things and children were given police badge stickers.

One benefit for Natal was the Chicopee Public Library's Bookmobile was parked near the bounce houses and librarians helped her son sign up for a library card.

This is the 22nd year of the event, which was started by Willimansett resident Jean Fitzgerald as a small neighborhood party and has expanded annually. It is now run by a committee of city employees, elected officials and representatives of local organizations lead by chairwomen Sherry Manyak and Susan Laflamme.

"It is an expansion of community policing. We want the public to feel comfortable engaging with officers," Police Chief William R. Jebb said. "We want to know when they need our assistance they are not afraid."

Police officers mingled with the crowd. They showed off their protective Emergency Response Team gear to children, answered question and K9 officers from Chicopee, Palmer and Ludlow put on a demonstration showing how dogs can fight crime.

Using fingerprint ink, children were also asked to make an imprint of their hand on the white hood of one of the cruisers to show unity.

The shootings of police and by police nationwide also make the National Night Out event even more important because it allows residents to get to know officers and have fun with them, Jebb said.

"We want to make people comfortable with our police force," he said. "How many opportunities does a child have to meet the chief of police?"

When the event is focused on crime prevention, Acting Fire Chief Dean Desmarais said he and his staff attend the event in full force. Tours of fire trucks are especially popular with younger children.

"It is a great opportunity to get out into the public and spread our message about fire safety," he said.

In fact, it is typically the children who are most interested in hearing fire prevention and safety tips, but adults will also stop firefighters to ask for advice about smoke detectors or request other information, Desmarais said.

Mayor Richard J. Kos joined in the fun, taking seriously his role of judge for the chicken wing eating contest between the Chicopee High and Comprehensive High schools' football teams and an ice cream eating contest between the two schools' hockey teams. State Sen. Eric Lesser, D-Longmeadow, also judged the ice cream contest.

"Get ready for some chicken wings to get eaten," Kos said, kicking off the first competition.

During the contests, he teased the competitors and encouraged the crowd to cheer the groups on.

"It is a wonderful night," Kos said, thanking councilors, employees and local businesses who all made it possible.

In the end Chicopee High School won "The Mayor's Fork" while Comprehensive High School won the "Mayor's Spoon."

Cousins Hunter Parks and Benjamin Parks, both seniors at Comprehensive High School, gave different reviews of competing in the wing eating contest.

"I think it was awesome. I enjoyed myself," Benjamin Parks said. "I liked the competition against Chicopee High."

"It was the worst experience of my life. It is a lot of meat in your mouth at one time," Hunter Parks said.

This year Buffalo Wild Wings donated 100 wings. The first team of four to polish off 50 wings was declared the winner.

The idea came in a roundabout way. The Fire Department had come to inspect the restaurant, which has been in Chicopee for two years, and General Manager Tom Baron was chatting with a lieutenant who asked if he ever did community events.

"It is something we like to do, especially if it is with kids," said Baron, who also served as a judge in the contest. "We would like to do it again, it was a fun event."

Buffalo Wild Wings is one of more than 25 businesses who contributed to make the National Night Out a success, Manyak said.

While the contests were going on, City Councilors and other volunteers cooked hot dogs that were handed out to the crowd for free. The tradition began several years ago and this year about 1,200 donated hot dogs and rolls were given away.

The City Council does the work for the same reason police officers and fire officials attend the event, Councilor Frank N. Laflamme said.

"We do it because we want to give back to the community," he said. "We are not just here to hold meetings; we want to interact with the community."

Hampden County sheriff's race: Jail officials say Albano's wrong on consulting issue, but Albano remains steadfast

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Officials at the Hampden County Sheriff's Department have disputed claims made by Democratic candidate Michael Albano, who is vying to succeed outgoing Sheriff Michael Ashe.

SPRINGFIELD -- After Hampden County sheriff candidate Michael Albano criticized the department Monday for "gouging" inmates via hefty phone call fees, keeping the lion's share of the profits and using some of that money to pay consultants, a spokesman for the jail fired back.

Stephen O'Neil, communications officer for the Hampden County Sheriff's Department, said Tuesday the jail's consultants are "absolutely not" paid out of the inmate commissary fund, which draws part of its total revenue from inmate phone call commissions.  

Albano, a Governor's Councilor and former four-term mayor of Springfield, has been tap-dancing all over the policies of outgoing Sheriff Michael J. Ashe even before announcing his candidacy in late January.

He has sniffed at Ashe's substance abuse treatment programs, attacked the department's hierarchy, painted a culture of managerial favoritism and even denounced the jail's "universal tattoo policy."

One of three Democrats vying for the seat, Albano has drawn applause from many of the rank-and-file at the jail and won its labor union's endorsement over two internal candidates. On Monday, Albano took aim at the phone call commission issue and what he believes is a "lack of transparency" during the race to succeed Ashe.

In a Facebook Live broadcast, Albano featured Peter Wagner, executive director of the Easthampton-based Prison Policy Initiative, a nonprofit agency devoted to examining prisoner treatment and prisons and jails across the country.

For many years, an inmate's 15-minute call to a family member or friend could cost up to $17 dollars, with 74 percent of that going back to the jail as a "commission," jail officials have confirmed.

Records from the jail provided by Wagner showed the department made up to $89,000 per month in phone call commissions. That money went in to the "inmate commissary fund" -- distinct from inmates' personal accounts, according to Stephen O'Neil, communications officer for the Hampden County Sheriff's Department.

Inmate accounts are what they sound like: money inmates personally amass to buy snacks, toiletries and pay for phone time.

By comparison, the inmate commissary fund combines revenues from the commissary store and phone call commissions. The inmate commissary fund from those two sources in fiscal year 2016 grew to $1.9 million, O'Neil said. The phone call commissions represented $563,000 of that total.

The account funds inmate services such as part-time hair stylists; barbers; educators; Christmas parties, religious services; special family needs; and a $119,000 PVTA contract that keeps a bus running regularly to the main Ludlow campus on Randall Road, O'Neil said.

What is does not fund, as Albano has argued, are consultants -- most notably Jay Ashe, the sheriff's brother, who retired as assistant superintendent in 2010 at an annual salary of $102,000. He now collects tens of thousands more per year doing the same job on a consulting basis -- over $50,000 in 2015 and over $40,000 in 2016, according to figures provided by jail officials in response to a request from The Republican.

O'Neil said Jay Ashe and those like him are paid out of the department's general budget. The jail's consultants are "absolutely not" paid out of the inmate commissary fund, he said.

In terms of the phone rates, O'Neil did not dispute the exorbitant rates of old.

The FCC forced the phone industry's hands by adjusting its regulations and driving rates, and hence commissions, down significantly. O'Neil said Hampden County inmates are now charged 12 cents per minute, so a 30-minute phone call costs $3.60.

"Left to their own devices, companies will charge whatever the market will bear. Let's focus on today and what's happening today," O'Neil said.

Of that fee, GlobalTel Link (GTL) receives 3.6 cents per minute and the jail receives 8.4 cents (70 percent), he said.

Wagner argues the jail could volunteer to take less and GTL would not even put up a fight.

In 2013, the Hampden County Sheriff's Department collected the highest commission in the commonwealth in this realm. Its counterpart in Franklin County demanded 38 percent on inmate phone calls and Worcester County collected 48 percent, according to statistics provided by Prisoner Legal Services of Massachusetts.

"If that money is spent on good programs there are other ways to pay for it than through the poorest people in the Commonwealth," Wagner said.

Reached for comment, Albano said the jail is still "gouging" inmates and he intends to implement a new telephone contract if he is elected.

"That's more than the Mafia charges," Albano said.

He also accused the jail of withholding public records. However, jail officials provided the The Republican with a response to a public records request by Albano ally Shawn Allyn, a Holyoke attorney, requesting records related to "inmate accounts."

The request was rejected, in part, because inmate expenditures are considered private. Other records, including those connected to a "Sunshine Fund" were available for Allyn's review at the Ludlow campus, according to the letter. Allyn appealed to the Secretary of the Commonwealth, which upheld the jail's response.

Albano insisted Ashe and his administration are guilty of obstructionism at the peril of outside candidates. Ashe has publicly endorsed Nick Cocchi, an assistant superintendent at the jail, appearing in broadcast commercials on Cocchi's behalf and throwing his full political clout behind him.

"Look, I'm not playing these games," Albano said, his voice rising. "When Ashe announced his retirement, he said he'd be happy to invite any (potential candidates) in to talk, and explain how the whole operation worked. Now he's endorsed a candidate and he's only talking to one person: Cocchi."

"Open all the records and show us where all this money is going," Albano fumed.

The department has a $71 million annual budget.

In addition to Albano and Cocchi, another Democrat, Tom Ashe, a City Councilor and former corrections employee (no relation to Michael Ashe), will compete in a Sept. 8 primary.

The winner of that race will face Republican John Comerford, a veterans services administrator, and independent candidate James Gill, a deputy assistant superintendent at the jail, in the November election.


Springfield police lieutenant describes frightening encounter with armed man

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Rodolfo Gomez was sent to state prison after admitting to 13 charges involving a gun and a struggle with Springfield police.

SPRINGFIELD -- City Police Lt. Robert Tardiff on Tuesday sought to give a judge a sense of the situation that led to the arrest of Rodolfo Gomez last year.

Tardiff, speaking to Hampden Superior Court Judge Edward J. McDonough as Gomez pleaded guilty to 13 counts, said officers had one option -- to move in and secure the armed Gomez as quickly as possible.

That was because the Spring Street location where Gomez was found was crowded with children and parents waiting for children to get off the bus, he said.

What followed was a violent struggle between four police officers and Gomez, who repeatedly reached for the gun in his waistband, Tardiff said.

McDonough sentenced Gomez, 30, of Springfield and Norwalk, Connecticut, to 21/2 to 31/2 years in state prison followed by three years probation.

Assistant District Attorney Nina A. Vivenzio had asked for a three- to five-year state prison sentence. Defense lawyer Joe Smith III asked for a 21/2-year sentence to the Hampden County Correctional Center in Ludlow.

Both Vivenzio and Smith recommended the three years probation after incarceration.

Gomez, who has no criminal record, pleaded guilty to illegal possession of a firearm, possession of a large capacity feeding device, four counts of assault with a dangerous weapon, three counts of assault and battery on a police officer and one count each of resisting arrest, possession of heroin, larceny under $250 and threat to commit a crime.

Vivenzio said that on April 2, 2015, a family member flagged down Officers William Catellier and Herman Little to say Gomez was armed and was threatening to kill his domestic partner.

The officers found Gomez's car and saw him return to it and then proceed toward 116 Spring St., where the family member lived. When the two officers, who were in uniform, identified themselves, Gomez reached toward his waistband, where they saw a gun, Vivenzio said.

The gun was a .40-caliber Smith & Wesson semi-automatic pistol with a 15-round capacity magazine and 14 live cartridges, she said.

Tardiff, who responded along with Officer Darrin Fitzpatrick, said when Little and Catellier approached Gomez, Gomez was "looking completely out of control" while putting his hand on his firearm.

Tardiff said there was a violent struggle with himself and the three officers to get Gomez under control.

Tardiff said 99 percent of the times when police move in on a person with a firearm, the person will try to get away. But he said Gomez's mindset and demeanor indicated that if he could get control of his firearm, he would use it.

Smith said no one can determine what is in another person's mind or what their intentions are.

He said Gomez, who pleaded guilty through an interpreter, came to Norwalk in 2006 and worked at a grocery store for eight years. Smith said a 2014 car accident left Gomez injured, and a Percocet prescription led to an addiction that became a heroin problem. Smith said there was also alcohol and cocaine use combined with untreated mental health issues.

Gomez has 488 days credit toward his sentence for time spent in jail awaiting trial.

 

Amherst Regional School Committee plans open session for superintendent Maria Geryk's evaluation after marathon closed-door meeting

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The Amherst Regional School Committee met for nearly four hours in executive session Monday night, but there was no resolution to the unspecified issue related to Superintendent Maria Geryk.

AMHERST -- The Amherst Regional School Committee met for nearly four hours in executive session Monday night, but there was no resolution to the unspecified issue related to Superintendent Maria Geryk.

There will likely be another executive session.

Member Trevor Baptiste said the committee is in the process of scheduling an open session said so it can address Geryk's evaluation, which has to be completed with her in attendance and in open session. He said he hopes that meeting happens before the next executive session. Geryk was not at the executive session Monday night.

The committee has not discussed her evaluation in those closed sessions.

Baptiste said he could not talk about details of the executive session -- the committee's third -- but said "everybody's trying to come to consensus on an issue so the system can be financially viable in the future."

On Monday, Shutesbury resident Michael Hootstein filed a complaint with Laura Kent, the chairwoman of the Amherst Regional School Committee, and the Town Clerk's office alleging the committee has violated the state Open Meeting Law by holding a series of executive sessions to talk about Geryk.

The committee posted a notice stating it planned to enter executive session Monday "to conduct strategy sessions in in preparation for negotiations with nonunion personnel (Superintendent Maria Geryk) and to conduct collective bargaining sessions (with Union #26 and Amherst-Pelham Regional School Committees) and contract negotiations with nonunion personnel (Superintendent Maria Geryk)."

Geryk signed a five-year contract in 2013 that expires June 30, 2018. She became the interim superintendent in March 2010 when Alberto Rodriguez left after eight months. She was given a two-year contract in 2011.

Hootstein alleges the committee entered or will enter executive sessions "under an improper purpose," and claims the committee followed improper procedures in convening the sessions.

His complaint also alleges committee members violated the Open Meeting Law when it communicated privately with members and Geryk and her attorneys about Geryk's "professional competence."

Committee member Katherine Appy, who was also named in Hootstein's complaint, wrote that the committee is reviewing it and "preparing a response in the time allowed."

Hootstein said the school committee members have 30 days to respond.

Kent could not be reached for comment. In an email last week, she wrote:

"(The executive sessions have been) related to a particular situation between the committee and the Superintendent that we are working to resolve in the interest of both parties.
"We have had great cooperation and communication between members to find a common ground that serves our district.
"Unfortunately, because of the nature of the situation and the constraints of executive session I can not give much further detail at this time."

Opposition to possible affordable housing project in Agawam may be exercise in futility

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There's little the town can do to stop HAPHousing from using the state's "anti-snob" zoning law to develop a Mill Street parcel owned by the nonprofit affordable housing developer.

AGAWAM — Residents have raised concerns over the future of 586 Mill St., a former farm near Agawam High School that's owned by HAPHousing, the largest nonprofit developer of affordable housing in Western Massachusetts.

HAPHousing finalized its purchase of the property last month and does not yet have definitive plans for the site. But that hasn't stopped some people from lobbying against the possibility of an affordable housing project rising on the 12.5-acre parcel.

Opponents have submitted a copy of an online petition to the Agawam City Council, which does not have authority to stop a project that complies with Chapter 40B, the state's so-called "anti-snob" affordable housing zoning law.

"They really have no plan at this point," City Council President James P. Cichetti said Tuesday, referring to HAP.

The petition, a 20-page electronic document, was given to the City Council at Monday night's meeting, according to Cichetti. "It's set up as a petition, but there's no handwritten signatures," he said. "It's more or less just names."

Even if the City Council wanted to stop such a project from coming to fruition, it couldn't. Chapter 40B was created 47 years ago to ensure all commonwealth communities do their part to provide affordable housing for seniors and low-income residents. It's an anti-Nimby statute that sets a 10 percent affordable housing goal for municipalities and permits developers to override certain aspects of local municipal zoning bylaws to increase a community's affordable housing stock.

The document that was given to the City Council, a copy of which was obtained by The Republican on Tuesday, includes 14 pages of names of people who are ostensibly opposed to a housing project at the Mill Street site, and five pages of comments on other possible uses for the property — including preserving it as open space.

The document also contains a grainy photo showing several deer on the Mill Street property, which is about one-quarter mile west of Agawam High School and borders a large apartment complex.

The petition states:

We, the Town of Agawam residents, are seeking our full Town Council and Mayor Cohen to represent our wishes of conserving the old farm property located at 586 Mill Street and purchasing this land from HAP for purposes of a park to be used by residents. We ask that OUR tax monies allocated to the towns (sic) CPA fund be used for this purpose.

The Mill St. property is zoned agricultural and residential and we ask that our Zoning Board consider working with the town in implementing our wishes. HAP did not do its DUE DILLIGENCE before purchasing this property, with no traffic studies done, no wildlife conservation oversight, illegal dumping on property by former owner in which Agawam Police Dept. was involved, and the non walkability factor with side streets with no sidewalks, crosswalks, lighting, or litter clean up (sic) plans.

This farm had been very much loved by its former owner, Rose Delevo, and residents know it was her wish for it to remain a part of our town. Please let your voices be heard and your wishes known to our Town of Agawam Government by signing our petition to preserve this space in our town for residents (sic) usage.

HAP officials and city councilors recently met to discuss the issue, and Mayor Richard Cohen has looped Agawam's statehouse delegation into the conversation. The potential development may involve state housing and zoning laws that restrict Agawam's control and authority over the project, said Cohen, explaining why he reached out to Sen. Don Humason and Rep. Nick Boldyga.

"I have always been open to meeting developers and discussing potential projects in our community," the mayor said in a statement. "While there are no concrete plans at this time of a potential project at 586 Mill Street, I am concerned about the town's ability to fully oversee any project that is ultimately governed by state laws."

Agawam has dedicated a "tremendous amount of resources" to the Mill Street neighborhood, Cohen said, citing anti-blight efforts and renovation of the high school's athletic fields. "With all the efforts we have taken as a town to promote the quality of life in the Mill Street area, I will continue to advocate for projects that make sense and maintain the integrity of the neighborhood," he said.

Chapter 40B was created in 1969 to encourage development of multifamily and affordable housing to allow seniors and working families to remain in communities they may otherwise be priced out of. The goal is to have at least 10 percent of a community's housing stock classified as affordable. Only around 4 percent of Agawam's housing stock is considered affordable, which is well below the state's 10 percent goal.

Although most of the names on the petition are followed by Agawam or Feeding Hills addresses, others apparently live as far away as New Jersey, Florida, Texas and Oregon.

In the comments section of the petition, Agawam resident Romel Lteif said more affordable housing is bad for the town. "I don't want to see more government funding housing," he said. "It just runes (sic) neighborhood. There's enough handouts in the world as it is. People need to start working harder!!!"

Town resident Kristen Moriarty agreed with that sentiment. "Agawam has enough low income housing apartment complexes," she said.

West Springfield resident Ed Foley said: "Agawam needs to preserve it's (sic) land for future generations."

"I hate to see the last of the old farms developed into housing," said Jane Wagner, of Feeding Hills. "How about a big community garden with some more senior housing for people instead. This would be an asset to our town!!"


Diesel spill at Easthampton I-91 overpass did not affect Connecticut River Oxbow

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A tractor-trailer jackknifed before dawn, spilling 150-200 gallons of fuel.

EASTHAMPTON -- Environmental response workers labored through the day to remove contaminated dirt near the Manhan Rail Trail under the Interstate 91 overpass after a southbound tractor-trailer hit a guard rail and jackknifed around 4:15 a.m., spilling 150-200 gallons of diesel fuel and petroleum oil.

The bike path between Fort Hill Road and Rt. 5 was opened to bicyclists again around 5 p.m. after the last large roll-off container of dirt was hoisted onto the back of a truck and hauled away.

Workers with Environmental Services, Inc. of South Windsor, Conn. said the spill did not reach the nearby Oxbow of the Connecticut River, or any other water body, a fact confirmed by Elizabeth Stinehart, a spokeswoman for the Massachusetts Department of Environmental Protection.

"We caught it before it went into the river," said Mike Covenski, a heavy equipment operator. "We're pretty much just removing the dirt now."

The air was filled with the sharp aroma of petroleum products mid-afternoon as the cleanup continued.

Easthampton Fire Chief David Mottor was on the scene with the MassDEP emergency response unit. The unit responds to hazardous releases on a round-the-clock basis to protect public health, safety and the environment, said Stinehart. It workers oversee cleanup operations and have the authority to call in a state-authorized cleanup contractor.

Covenski said thanks to the dry weather, the spill was relatively well-contained. "It would have been much worse if it had been raining," he said.

The tractor-trailer accident caused a mile-long traffic jam on I-91 this morning.

Westfield launches effort to gain designation as a Green Community

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The mayor hopes to complete process by late fall.

WESTFIELD - City officials are launching efforts to gain Green Community status for the city through the state Department of Energy and Environmental Affairs.

Mayor Brian P. Sullivan and City Advancement Officer Joseph Mitchell announced Tuesday the process will begin with a $7,500 grant received from the Pioneer Valley Planning Commission.

Sullivan will ask the City Council for formally accept the grant allocation when it meets Aug. 22.

That will allow the city to proceed with application for additional funding to conduct an inventory of city buildings that can benefit from energy use upgrades and eventually for as much as $350,000 in state funding to complete the targeted upgrades.

Leading the state effort, which has already helped about 155 communities earn Green Community designation, is former Mayor Daniel M. Knapik. Knapik joined the state Department of Energy and Environmental Affairs as director of green communities last November after not seeking re-election as mayor here.

Sullivan and Mitchell identified several municipal buildings that are expected to meet state criteria for energy upgrades including the Headstart Building on Southampton Road, one or more Department of Public Works buildings and city schools.

During Knapik's administration Westfield spent nearly $47 million on energy upgrades to city schools and many municipal buildings including City Hall. Those upgrades included new heating plants, windows, roofs and other energy efficient equipment.

Similar upgrades are now being planned for the Green Community effort, Sullivan said. Those may include roofs, windows and LED lighting in some buildings like schools.

Sullivan said the city will launch the necessary building inventory as soon as the council approves the $7,500 grant. That will primarily be the responsibility of the city new Facilities Manager Brian Forrette hired last year to oversee maintenance of energy upgrades installed during the $47 million citywide upgrade.

To qualify as a Green Community Westfield must satisfy five criteria established by the state. The city must provide designated locations for renewable or alternative energy generation, research and development; It must adopt an expedited application and permit process; establish an energy use baseline and develop plans to reduce energy use by 20 percent; purchase only fuel-efficient vehicles and establish requirements to minimize life-cycle energy costs for new construction.

National Night Out brings police, community together at events across Springfield

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Eleven events were held in Springfield, and thousands more took place throughout the U.S. and Canada. Organizers say 40 million people were expected to participate.

SPRINGFIELD - Hundreds of people came together Tuesday at events throughout the city to mark National Night Out, a time for police officers to interact with their communities and have some fun.

Eleven events were held in Springfield, and thousands more took place throughout the U.S. and Canada. Organizers say 40 million people were expected to participate.

A mini-fair was held at the White Elementary School in Forest Park, with food, music, a dance competition for kids and tables with information about social service agencies in the area. Officers showed off some of the department's vehicles and tactical gear, and answered questions about their work.

A major goal of National Night Out is to unite neighborhoods to show solidarity against criminals and drug use.

"The goal is to fight crime ... and foster and build relationships," said Sgt. Reggie Miller, who runs the C3 community policing program in the Forest Park neighborhood. "To meet the residents, get them on a first-name basis with us, get them on those lines of communication."

These efforts, Miller said, are "priceless."

Families could dress up in goofy costumes and take pictures at a photo booth, play free video games in a mobile arcade, sit on one of the department's three-wheeled Piaggio motorcycles and take a tour of the Mobile Command Center.

Miller said the highlight of the event is "just to see the smiles on kids' faces."

Other events were held in Mason Square, the South End, McKnight and Sixteen Acres, plus several other neighborhoods, and in cities across Western Massachusetts.

"This is a night for America to stand together to promote awareness, safety and neighborhood unity. National Night Out showcases the vital importance of police-community partnerships and citizen involvement in our fight to build a safer nation," said Springfield Police citizen liaison Kathleen Brown in promoting the initiative.

Medical pot proposal in Holyoke referred to committee for public hearing

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The medical marijuana proposal in Holyoke will be considered including with a public hearing in an upcoming session of the City Council Ordinance Committee.

HOLYOKE -- The City Council Tuesday referred to committee an application to open a medical marijuana facility at 630 Beaulieu St. in an industrial zone in the Springdale Neighborhood.

The application was for a special permit and came from a nonprofit organization called
Debilitating Medical Condition Treatment Center.

Principals of that organization include Heriberto Flores, president of the New England Farm Workers Council, and Brian P. Lees, who formerly was a Republican state senator and Hampden County clerk of courts.

Flores said in remarks outside the meeting the facility would employ 20 people with preference given to city residents.

Flores attended the City Council meeting with lawyer Joan Dietz, who is representing Debilitating Medical Condition Treatment Center, but neither spoke during the meeting.

The special permit application was referred to the Ordinance Committee, where a public hearing will be part of the deliberations, councilors said.

Massachusetts voters in 2012 permitted medical marijuana facilities by approving a statewide ballot question, 63 percent to 37 percent.

State law prohibits a city or town from banning medical marijuana facilities.

But the city through the special permit process can limit where such facilities are located, such as in industrial zones, and hold meetings and a public hearing to ensure questions about hours of operation and security get addressed.

A story with additional detail on this matter will be published later this week.


3 women say Springfield rape defendant offered them money not to call police

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Peter Wray, 35, of Springfield, is charged with 17 counts alleging rape and other crimes against two young women.

SPRINGFIELD -- A 19-year-old woman testified Tuesday in Hampden Superior Court that the man accused of raping her two friends offered the three money if they would refrain from going to police to report what he had done.

peter-wray.jpgPeter Wray 

She said that Peter Wray, 35, of Springfield, was distraught and asked her and her friends to kill him. Her two friends had testified to the same thing. They all said Wray had acted violently toward them then seemed to come to his senses and began to rue what he had done.

The 19-year-old woman was testifying in the trial of Wray on 17 charges, including seven counts of aggravated rape, six counts of assault and battery with a dangerous weapon and two counts each of kidnapping and assault and battery.

She said Wray tied her up, blindfolded her and threatened to kill her. She said Wray said $650 was stolen from him and he believed her or her friends took it.

The 19-year-old woman, who said she knew Wray and had talked with him on the phone a number of times before the day from which the charges stem, did not allege Wray sexually assaulted her.

But her two friends have testified at Wray's trial that he tied them up, assaulted them with a knife and repeatedly raped them in September 2014. One was 18 years old at the time and one was 16, according to testimony.

Wray opted for a jury-waived trial that is being held in front of Judge Tina S. Page. Testimony continues Wednesday.

Defense lawyer Joe A. Smith III said in his opening statement to Page the accusations by the young women were fabricated in an attempt to extort money from Wray. Smith said they told Wray if he didn't give them money, they would say he raped them.

Wray, who is in the sex offender category the state deems most likely to reoffend, fled to Georgia after the accusations. At the time, police said he was charged with raping and assaulting three teens, but he was indicted for crimes against two.

Trial begins for Springfield man charged with raping, assaulting 2 teen girls

The two young women, now 18 and 20 years old, testified Monday they ended up staying overnight together in a room at a Tracy Street house they had gone to together. They testified the house belonged to a friend of a girl who was a friend of theirs.

Each said Wray awoke them in the early morning hours of Sept. 28, 2014, ranting about money he believed was stolen from him, accusing them.

The 20-year-old testified she had previously met Wray before. The 18-year-old testified she had never met him before that night.

The two women testified Wray cut them with a knife.

The three women who have testified said Wray eventually untied them and they ran to the home of someone they knew, and police were called. The two who reported they were raped were brought to the hospital.

Smith in cross-examining the now-18-year-old woman on Tuesday asked her very specific questions about what happened. He also asked her what she told investigators in interviews directly after her ordeal.

Attempting to show inconsistencies between her testimony from the stand and what she told investigators, Smith played a short part of the videotaped police interview with her. The now-18-year-old was less than cooperative in answering Smith's questions. She often said she didn't recall things about the day in question. At other times, she had to be ordered by Page to answer Smith's questions.

There were times when Page had to keep her from speaking when she spoke in a hostile way to Smith.

"Are you trying to say there wasn't any rape?" the woman said to Smith. "You're trying to make it seem like nothing happened."

At another point, she said Wray was a sex offender and child rapist. That was not in answer to any question. When Smith asked her about her experience at the hospital at one point, she replied angrily, "Are you a doctor?"

Through all Smith's questioning, she said repeatedly, "I was raped."

The 19-year-old woman testified Tuesday, under questioning from Assistant District Attorney Jane Mulqueen, that Wray used a knife to cut bedsheets to tie her up. She said he put a sock in her mouth and blindfolded her, then brought her to a bathroom and left her there.

Springfield police seek 34-year-old Peter Wray who allegedly stabbed and raped 3 teenage females during party on Tracy Street

She said she was blindfolded and in the bathroom, and didn't see anything Wray did to her two friends.

The 19-year-old woman said Wray offered to pay money to have sex with the 18-year-old (then 16). The 19-year-old said she asked the 18-year-old if she wished to do so, and the 18-year-old said no. That was before Wray tied them up, she said.

The 18-year-old corroborated the 19-year-old's testimony, testifying that her friend had asked if she would take money to have sex with Wray, and she said no.

Police at the time of the alleged rapes said Wray after the alleged rapes and assaults went to his mother's home and stole her car.

David Milne, a spokesman for the U.S. Marshals in Springfield, said that after stealing the car, Wray fled to Georgia with his girlfriend and a small child. Wray was captured as he strolled through a shopping mall with the child in DeKalb County, Georgia.

Wray was convicted of rape and abuse of a child on Feb. 24, 1992, and indecent assault and battery on a child younger than age 14 on Aug. 29, 1994. Wray was a juvenile at the time he was convicted of those crimes.

New bill would ban sex offenders from playing Pokemon Go

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Massachusetts State Rep. Jonathan Zlotnik, a Gardner Democrat, filed a bill Monday that would bar sex offenders from playing "augmented reality" games, including Pokemon Go.

By ANDY METZGER

BOSTON -- A lawmaker from Gardner wants to keep sex offenders from playing Pokemon Go, the cell-phone based game that created a craze last month.

Using location software, the game allows players to wander around in the real world to capture creatures known as Pokemon in the app-based game, while also visiting Pokestops and gyms -- both in-game creations tied to real-world places.

The Boston Common and other areas have been swarmed with people playing the game on their phones in recent weeks, and the game was referenced in a Senate debate about whether to allow the State Lottery to offer online games.

Rep. Jonathan Zlotnik, a Gardner Democrat, filed a bill Monday that would bar sex offenders from playing "augmented reality" games, including Pokemon Go.

"The unique game and its playing features present the possibility that potential sex offenders could use the features of the game to commit crimes against children," Zlotnik said in a press release. "Anytime a new technology comes along we have to make sure that the law keeps up so that criminals can't take advantage of any created gaps."

Longmeadow police warn of potential Pokemon Go woes

Unlike other online activities -- such as Second Life and World of Warcraft -- the game developed by California-based Niantic does not include communication between players online. Players wander around the real world, often congregating in popular locations, in their pursuit of Pokemon within their phones.

Since its July release, news organizations have documented a number of surprising discoveries made by Pokemon Go players and reported some safety hazards -- including car accidents and incidents in Missouri, where a group allegedly used a tool within the app to lure players into robberies at Pokestops. Other stories have aired grievances of people whose homes became popular stops for players. The Boston Herald on Tuesday reported a Holyoke man whose home was designated as a gym in the game had been referenced in a class-action lawsuit seeking to bar private property from being featured in the game.

Pokemon Go is not the first augmented reality game, though it's clearly the most popular yet.

Niantic declined to provide data on usage of its app. The company also developed Ingress, which linked real-world locations to virtual portals. A spokesman for Niantic said some portals submitted by Ingress players were used in the creation of Pokemon Go.

"One of our core missions at Niantic is to encourage safe outdoor play and exercise. We are always listening to our community and we have heard the concerns raised in recent days about Pokemon GO. We will always ensure our products comply with applicable laws," the company said in a statement. "We also believe that parents know their children and neighborhoods best, and we encourage them to supervise their kids to enjoy Pokemon GO safely, as they would with any outdoor activity or phone app."

Zlotnik's bill would require the Sex Offender Registry Board to prohibit "the use of location based augmented reality multiplayer games by sex offenders."

Asked if he had played, the lawmaker told the News Service he had "tried it out."

Holyoke man's house tagged as Pokemon Go 'gym,' causing droves of strangers to show up at all hours

Massachusetts lacks the restrictions some other states place on convicted sex offenders' residences, and the Supreme Judicial Court last year struck down a local ordinance in Lynn seeking to bar sex offenders from living within 1,000 feet of a school or park.

Paul Shannon, a Somerville resident and founder of the group Reform Sex Offender Laws, said restrictions on where sex offenders can live do not help keep people safe, and the most effective approach is to "reintegrate them into society."

"This is just one more example of creating a sense of fear and hysteria," Shannon told the News Service about Zlotnik's bill, saying the severity of offenders' sex crimes varies and as a class they are treated as "demons who have to be restricted from participation in life."

Shannon, who said he has never been accused of a sex crime, said he started the national group in 2007 with others concerned about how the treatment of sex offenders has affected society.

In last year's decision, Supreme Judicial Court Justice Geraldine Hines wrote that under the ordinance 95 percent of homes in Lynn would be uninhabitable by the city's 212 registered level two and three sex offenders.

Hines wrote that rather than restricting where they can live, Massachusetts seeks to protect the public through sex offender registries, including a public listing of those deemed most dangerous.

The Sex Offender Registry Board said it did not have data on how many other local ordinances are on the books.

Williamsburg's fire department is a Pokemon Go gym; players urged to use caution, consider becoming firefighters

In individual cases judges set conditions of supervision on sex offenders, restricting their movement, contact with potential victim groups and activities that could bring them into contact with potential victims, according to the probation department, which monitors about 845 sex offenders with GPS bracelets.

Shannon said Zlotnik's bill would have "no effect on public safety at all" and said it was "playing to the crowd."

Zlotnik likened his legislation to restrictions on participation within youth sports leagues and said augmented reality games don't have those controls.

"This legislation significantly differs from restrictions that have been struck down in the past by the SJC, like residency restrictions," Zlotnik wrote. "In their decision to strike down local residency restriction ordinances, I think they left the door open for the legislature to act on a statewide basis."

Once the bill is admitted in both branches and referred to a committee, a public hearing will be scheduled.

Trash transfer station gets OK to increase recycling in Holyoke

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The UWM Holdings Inc. trash transfer station in Holyoke will increase its recycling program by adding 20 new jobs and building an addition, partly thanks to a City Council approval that was voted for the company on Tuesday, Aug. 2, 2016 at City Hall.

HOLYOKE -- With praise for the owner, the City Council Tuesday at City Hall approved a measure that will let a trash transfer company expand its recycling program including with additional but restricted truck traffic.

Changes that will occur after the City Council's 12-0 vote will include extra hours for truck traffic at the 686 Main St. facility, a 9,000-square-foot addition to house equipment for increased recycling and 20 new jobs, owner Scott Lemay said.

"They made an excellent presentation," said David K. Bartley, chairman of the Development and Government Relations Committee, which recommended the changes.

"If this guy says he's going to do something, he's going to do it," Councilor at Large Daniel B. Bresnahan said of Lemay. "This is the type of business we want in the city of Holyoke."

UWM Holdings Inc., as the transfer station is known, employs 20 to 25 people, Lemay said.

UWM Holdings will be allowed the additional truck traffic from 6 p.m. to 6 a.m. but only for its recycling program and only between Interstate 391 and to the facility at 686 Main St. In other words, such trucks cannot drive farther on Main Street along Springdale Park, under changes to the special permit the City Council approved.

The existing 22,550-square-foot building is designed to receive waste and load it into trucks or train cars for shipping to disposal facilities out of the area. Truck traffic to and from the facility is required to use Main Street and the nearby I-391.

The Board of Health on June 2 deemed the proposed special permit changes regarding the trash transfer station to be "minor" and voted to approve them.

Councilor at Large Diosdado Lopez abstained from the vote. He told The Republican the reason he abstained is because Lemay's company made a $1,000 donation to the Hispanic Family Festival, which was held in July and of which Lopez was chief organizer.

A story with additional details on this City Council decision will be published later this week.

No sewer rate increase in Holyoke as Council says, collect overdues from deadbeats first

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The majority of the Holyoke City Council agreed that the plan should be first to hunt down overdue bills from delinquent customers before increasing the sewer rate on all customers in debate on Tuesday, Aug. 2, 2016 at City Hall.

HOLYOKE -- The City Council voted Tuesday against an increase in the sewer rate.

The council voted 9-4 in favor of an Ordinance Committee recommendation that had urged there be a zero percent increase in the sewer rate, which hasn't risen since 2008.

That came after the council, by the same 9-4 vote, opted against a proposal to increase the sewer rate by 20 cents.

The current sewer rate is $5.40 per 1,000 gallons of usage for an average 90,000 gallons used, or $486 a year for the average household.

An elevation to $6 per 1,000 gallons of usage for an average 90,000 gallons used, or $540 a year, has been discussed. That would raise the average household's bill by $54 a year, or 11 percent, or $13.50 in each quarterly bill.

A 60-cent increase in the sewer rate would have generated about $680,000 a year in additional revenue, funds the city needs to align with rising wastewater treatment plant costs, some officials have said.

But others argued that before hitting rate-payers with another increase, the city must do more to hunt down revenue in the form of collecting overdue bills from delinquent customers.

A recent ordinance the city established will allow for such bill collecting because it authorizes the city to threaten to shut off sewer service to force payment from such customers.

A 20-cent increase in the sewer rate would have generated about $250,000 a year in additional revenue, City Council President Kevin A. Jourdain has said.

Voting in favor of there being no increase in the sewer rate were councilors Linda L. Vacon, David K. Bartley, Gladys Lebron-Martinez, Michael J. Sullivan, Diosdado Lopez, James M. Leahy, Daniel B. Bresnahan, Howard B. Greaney Jr. and Jourdain.

Voting against the motion that there be no sewer-rate increase were councilors Nelson R. Roman, Rebecca Lisi, Joseph M. McGiverin and Peter R. Tallman.

Councilors Todd A. McGee and Jossie Valentin were absent.

A story with additional detail about this City Council debate on the sewer rate will be published later this week.

PT 109 sailor honored at Agawam veterans' cemetery 73 years after Japanese destroyer split his boat in half

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Frank Andruss, a Feeding Hills resident, was instrumental in organizing a ceremony for Andrew Jackson Kirksey, one of two U.S. Navy sailors killed when their PT boat was rammed by an enemy ship during World War II. Watch video

AGAWAM — "Andrew Jackson Kirksey never had a chance to come home, never had a chance to start a family, and he was never found," Frank J. Andruss said Tuesday, referring to the famous PT 109 incident that cemented John F. Kennedy's reputation as a war hero and helped propel him to the presidency.

Andruss, 59, of Feeding Hills, shared his thoughts on Kirksey, one of two Navy sailors killed in the World War II incident, at a ceremony at the Massachusetts Veterans' Memorial Cemetery in Agawam.

Kennedy was the skipper of PT 109, and he and the rest of his crew survived after a Japanese destroyer cut their boat in two.

While almost everyone's familiar with tales of Kennedy's heroism — chronicled in a 1961 book and 1963 movie starring Cliff Robertson as a young JFK — few people remember the sailors killed in the collision in the South Pacific on Aug. 2, 1943.

Andruss has made it his personal mission to keep PT boats in the "public eye," he said. By doing so, he also has helped keep alive the memories of Kirksey and Harold Marney, the other sailor who died that day. Their bodies were never found.

Marney, of Springfield, was honored at the Agawam cemetery a few years ago. On Tuesday, though, it was time to remember Kirksey, a Georgia native who also now has a memorial grave at the Agawam cemetery.

State Sen. Don Humason and state Rep. Nick Boldyga were among the dignitaries who attended the ceremony, which featured a 3-volley salute and flag presentation. Andruss accepted the flag on behalf of the Kirksey family, which was unable to attend.

"This is closure for the family to know that he will be here in Agawam," Andruss said. "It's a wonderful feeling for us and the family."

Andruss is owner and curator of The Mosquito Fleet Exhibit, an homage to PT boats that had its first show at the Eastern States Exposition in 1998. The exhibit, one of the most comprehensive private collections in the nation, is dedicated to those who built, repaired, and served on the wooden torpedo vessels known for their speed and maneuverability.




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