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Erving fire that killed infant blamed on improper disposal of smoking materials

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An infant girl was killed and an 18-year-old man was seriously injured trying to rescue her, according to officials.


ERVING - A Nov. 22 house fire that displaced eight people and caused the death of a year-old infant has been found to be the result of the improper disposal of smoking materials, officials said.

According to the office of Northwestern District Attorney David Sullivan, an investigtion into the fire at 10 West St. by the state department of Fire Services determined how the fire started.

The home, owned by Cynthia and Leonard West, was destroyed in the 3 a.m. fire.

Eight of nine residents were able to get out, but a 1-year-old girl was trapped and died. An 18-year-old resident was seriously burned trying to rescue the child, according to officials.

Fire fighters from Orange, Erving, Turners Falls, Wendell, Northfield responded to the fire.


Smith & Wesson completes name change to American Outdoor Brands

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The Smith & Wesson name will remain on firearms.

SPRINGFIELD -- Venerable Smith & Wesson completed its transition Tuesday to a new corporate name -- American Outdoor Brands Corporation -- which is more fitting with its diversification strategy.

The new name, first announced in November, brings with it a new stock ticker symbol on the Nasdaq exchange: AOBC.

The holding company has new website at www.aob.com, but will maintain its smith-wesson.com site as a product site for its the firearms brand, which will remain Smith & Wesson.

Smith & Wesson shareholders needn't  do anything, American Outdoor Brands said Tuesday in an press release. Certificates representing common shares will not be affected by the name change and will not need to be exchanged.

Horace Smith and Daniel B. Wesson founded the company in Connecticut in 1852, later building it in Springfield into a worldwide leader that supplied guns to the old West, the Army of the Russian czar and the allies in both World Wars.

Clint Eastwood made the brand famous brandishing a Model 29 revolver as "Dirty Harry."

The company existed under a number of different owners through the years. It's now a publicly traded company.

A year ago, Smith & Wesson announced plans to continue diversifying its offerings in order to break from the boom-bust gun market.

In November, Smith & Wesson finalized its purchase of Ultimate Survival Technologies, Inc. ("UST Brands") for $32.3 million in cash.

UST's products include LED lights, patented all-weather fire starters, unbreakable signal mirrors, outdoor cutting tools, first aid kits, signal whistles and camp kitchen products.

Last summer, Smith & Wesson bought its knife-making partner, Taylor Brands, for $85 million and purchased Crimson Trace, a maker of laser gun sights and other accessories, for $95 million.

Smith & Wesson has 1,758 full-time employees, most of them at its factory and headquarters on Roosevelt Avenue. 

Related photo gallery:

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$120,000 police cars purchase tonight facing Holyoke City Council

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The Holyoke City Council will face a transfer request of $120,000 from a funding source councilors find agreeable, free cash, to buy three police cars in a step likely to be more acceptable to councilors than a bid to tap the stablization fund for the purchase in a meeting on Tuesday, Jan. 3, 2017 at City Hall.

HOLYOKE -- The Police Department could be getting the six new vehicles sought by Police Chief James M. Neiswanger, after all, as the City Council will consider a new transfer for $120,000 tonight at 7 at City Hall.

Mayor Alex B. Morse has recommended the transfer to buy three cruisers from the free cash account, a funding source that has been agreeable to most councilors for such purchases.

The council Dec. 20 approved a $120,000 transfer from free cash to buy three police cars. But the council rejected an accompanying transfer request from Morse to buy three additional police vehicles by using $120,000 from the municipal stabilization, or rainy day, fund.

The council rejected the stabilization fund request 8-6. Councilors in the majority said such a fund should be reserved for emergencies and not operating expenses, which should be funded from within the agreed-upon municipal budget.

Police getting 3 new cars in Holyoke but funding dispute blocks purchase of 3 more

Neiswanger was clear in meetings with the City Council that the hundreds of thousands of miles that tax the police cars in their near round-the-clock use mean the fleet must be refreshed.

Once the spending is approved, it will be six to eight months before those vehicles are on the road here. That's because the cars must be acquired through the public bidding process and then painted and equipped to be Holyoke police cruisers, officials said.

After the council dismissed the stabilization funding as an option on Dec. 20, some councilors expressed hope Morse would submit a follow up transfer request from free cash instead to ensure the police cars get acquired.

"I have always supported six cars," Morse said in a text message. "I thought that (the City Council) would approve three from free cash and three from stabilization fund. They only approved three from free cash. In order to make sure we get six I submitted another three from free cash as a way to get it done."

Funding and other kinds of orders usually are referred to committee for discussion at a later meeting, but the City Council could vote tonight on the police cars funding because the issue has been discussed at length in recent meetings.

Ware restaurant owner accused of torching Rhode Island restaurant will testify on his own behalf

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Restaurant owner Daniel E. Saad, 50, of Spencer, is currently free on $50,000 unsecured bail

WARE -- Snow's Restaurant owner Daniel E. Saad, indicted last year for allegedly setting fire to another eatery he owns as part of a scheme to fraudulently collect insurance money, will testify in his own defense, according to jury instructions filed with the court by the businessman's lawyer.

Daniel E SaadDaniel E. Saad 

Jury selection in Saad's trial is scheduled to begin Wednesday in U.S. District Court in Providence. The trial is tentatively scheduled to start on Jan. 9, and is expected to last 10 to 15 days, according to the U.S. Attorney for the district of Rhode Island, which is prosecuting the criminal case against Saad.

"In this case, the defendant decided to testify. You should examine and evaluate his testimony just as you would the testimony of any witness with an interest in the outcome of the case. You should not disregard or disbelieve his testimony simply because he is charged as a defendant in the case," wrote Saad's lawyer, William C. Dimitri, court records filed on Dec. 30 show.

Saad, 50, of Spencer, is currently free on $50,000 unsecured bail.

In March, he was indicted on four counts, including an allegation he set fire in November 2014 to Snow's Clam Box Restaurant and Pub in Glocester, Rhode Island, to collect insurance money.

Saad has pleaded not guilty to the charges.

Agawam Police Chief Eric Gillis says indictment of Officer Gary Nardi reflects badly on department

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Nardi was indicted by Hampden County grand jury for allegedly stealing over $10K from police union.

AGAWAM -- The indictment of Officer Gary Nardi Jr. for allegedly stealing money from the Agawam Police Patrolman's Association reflects badly on the entire department, according to Agawam Police Chief Eric P. Gillis.

"These types of acts, allegedly committed by Officer Nardi, not only reflect on him, but also upon the other officers of this department who perform their duties with honesty and extreme dedication," Gillis said Tuesday, shortly after Attorney General Maura Healey announced Nardi's indictment on charges of stealing over $10,000 from the union.

"Service as a police officer demands a high degree of public trust, and we recognize that maintenance of this trust is essential to the daily efforts of all law enforcement officers," Gillis said.

A Hampden County grand jury on Friday handed up a three-count indictment against Nardi, who will be arraigned in Hampden Superior Court at a later date.

"We allege that this police officer abused his position as union treasurer by stealing funds in order to pay his personal bills," Healey said.

Officers in charge of the Patrolman's Association alerted Gillis about the apparent misappropriation of funds. Due to the nature of the allegations, the matter was referred to Healey's office for further investigation and possible prosecution.

Nardi has been on paid administrative leave since May, when Healey's office launched an investigation. The probe was handled by an "external entity to ensure a high degree of public confidence in the eventual outcome," Gillis said.

Nardi was treasurer of the Agawam Police Patrolman's Association from 2011 through May of this year. Authorities allege he used various schemes to steal the money.


Springfield School Committee elects Peter Murphy as vice-chairman

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Peter Murphy will replace Chris Collins as the new vice-chairman of the Springfield School Committee. Mayor Domenic J. Sarno serves as the chairman of the committee.

SPRINGFIELD -- In a unanimous vote, school committee members on Tuesday elected Peter Murphy as the board's new vice-chairman.

"It's a tremendous honor that my colleagues have put their faith in me, " Murphy said during the committee's first meeting of the year at City Hall. "I'm looking forward to working with the superintendent, administrators and the teachers to continue to make progress and do what's right for the students of Springfield."

Mayor Domenic J. Sarno serves as the committee's chairman. The vice-chairman appoints all standing subcommittees and special committees, and fills in as chairman when the mayor is absent. Murphy replaces Christopher Collins, who served in the position for the past two years.

"It's been two great years, and I look forward to working with Peter. This is a very cohesive committee and everyone here has the best interest of the children at heart, " Collins said.

Murphy did not make any major changes to the existing subcommittees.

The subcommittee assignments are as follows:

Budget & Finance
* Christopher Collins
* Rosa Perez
* Norman Roldan

Buildings & Maintenance
* Christopher Collins
* Peter Murphy
* Rosa Perez

Curriculum & Programs
* Denise Hurst
* Barbara Greshem
* Peter Murphy

Legislative & Contracts
* Rosa Perez
* Christopher Collins
* Denise Hurst

School Safety
* Barbara Greshem
* Peter Murphy
* Rosa Perez

Student, Parent Concerns
* Barbara Greshem
* Norman Roldan
* Christopher Collins

Technology
* Peter Murphy
* Denise Hurst
* Norman Roldan

Vocational Education
* Norman Roldan
* Denise Hurst
* Barbara Greshem

Sarno said the school system has seen tremendous growth under Superintendent of Schools Daniel Warwick and his staff.

"All the criteria and scores and reports and yardsticks are moving in the right direction. I think we need to continue that movement, that's key," he said.

Sarno also said he is looking forward to more building improvements in the coming year.

"We will be announcing some more physical plant improvements. We've been very successful getting $400 million from the Massachusetts School Building Authority and are very appreciative of their efforts," he said.

Superintendent Warwick and Assistant Superintendent Lydia Martinez attended the meeting, along with newly elected City Council president and vice-president Orlando Ramos and Justin Hurst.

South Hadley man accused in crash that killed Thomas Flanagan denies charges

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Ryan D. Brunelle, 18, of South Hadley, will remain free on personal recognizance while awaiting trial.

NORTHAMPTON - The man charged with vehicular homicide for allegedly driving under the influence of drugs and causing a fatal crash in South Hadley last May has pleaded not guilty.

Ryan D. Brunelle, 18, of South Hadley, will remain free on personal recognizance while awaiting trial, according to a Tuesday report in The Daily Hampshire Gazette.

The College Street crash killed Thomas Flanagan of Westfield, a 29-year-old husband and father of two young children. His girl and boy were ages 2 and 4 at the time of his death on May 22, 2016.

Prosecutors said Brunelle was "under the influence of marijuana, narcotic drugs, depressants, or stimulant substances" at the time of the crash, according to the Hampshire Superior Court indictment, cited by The Gazette.

Brunelle is required to abstain from alcohol and non-prescription drug use while he awaits trial.

Obituaries from The Republican: Jan. 3, 2017


Reported robbery in Amherst leads police to party and trouble for young host

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The host of a New Year's Eve party in Amherst could be in trouble with his parents as well as having to pay a fine for violating a town bylaw after police went to his house about an alleged robbery.

AMHERST — The host of a New Year's Eve party could be in trouble with his parents as well as having to pay a fine for violating a town bylaw after police went to his house about an alleged robbery.

According to a police report, officers responded to a house on Evening Star Drive early Sunday morning after a man said two men stole $10 and his cellphone as he was leaving a party. The victim said there may have been a knife.

When police arrived at the house, they found more than 200 people inside and outside the home. Both sides of the road and cul-de-sac were lined with cars, according to the report.

The police report states that some at the party were underage and in possession of alcohol and dropped the alcohol when they saw officers.

Police summonsed the host to Eastern Hampshire District Court in Belchertown for allegedly violating the town's nuisance house bylaw. He could face a fine of up to $300.

Police also called the young man's father, who was out of town, to let him know what was going on.

Deadly fire leads Holyoke union president Chad Cunningham to seek removal of Fire Chief John Pond

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The Holyoke firefighters union president said on Tuesday, Jan. 3, 2017 that the department's lack of full staffing hindered abilities to save lives in a fire on New Year's Day that killed three people at 106 North East St.

HOLYOKE -- Firefighters union President Chad Cunningham said Tuesday during a City Council meeting that Fire Chief John A. Pond should no longer head the department and that it was "disgusting" that Pond said enough firefighters were available to battle the deadly New Year's Day fire at 106 North East St.

"I find that Chief Pond not standing behind his Fire Department and saying we had plenty of people on scene, I find it disgusting, to be honest with you, and I'm not sure that chief should be the chief of this department if he's not going to back his members," Cunningham said.

Asked later if he feels Pond should be removed as chief, Cunningham said yes.

"I think that a chief that doesn't support his firefighters is not somebody that's fit to be chief," he said.

Pond, a 23-year veteran, has been chief since October 2011. He couldn't immediately be reached for comment.

Three people were killed as a result of the fire and 25 families were displaced. The cause of the fire remains under investigation.

3rd dead body found at Holyoke fire site as officials identify previous two victims: Maria Cartagena, 48, and Jorge Munoz, 55

Christopher Hopewell, chairman of the Fire Commission, which hires the fire chief, said when reached later that Pond is "an excellent chief" and that Cunningham's comments were inappropriate.

Cunningham is president of Holyoke Fire Fighters Association, Local 1693,International Association of Fire Fighters.

The comments came during the public speakout period of the Council meeting at City Hall, which included councilors calling for Mayor Alex B. Morse to stop "brownouts" and ensure all trucks and stations are fully funded.

The brownouts have been done for several years to avoid overtime spending on shifts when personnel is thin because firefighters are on vacation, ill or otherwise unavailable.

Cunningham and others said the browning out, or temporary shut down, of Engine 2 at Fire Department headquarters at 600 High St. restricted firefighters' abilities to fight the blaze at the five-story apartment building that has left three people dead and 25 families displaced.

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The first contingent of firefighters on the scene of the fire numbered only six instead of the nine that should have been there had Engine 2 been in service, Cunningham said.

He raised the possibility that a woman who fell from an upper story to her death might have been saved had the full complement of firefighters and engines been available.

"If Engine 2 was in service there would have been three members that could have thrown a ladder to help the victim that jumped out the window because she couldn't stay where she was any longer," Cunningham said.

Having only six firefighters first on the scene instead of nine also led to water-availability problems, he said.

Morse and Pond have said the brownouts didn't affect the department's ability to battle the blaze.

The recriminations followed a blaze described as horrific by those on the scene, including people jumping from the building.

Maria Cartagena, 48, and Jorge Munoz, 55, both of Holyoke, and Trevor R. Wadleigh, 34, of Easthampton, were killed as a result of the fire, said press releases from Hampden District Attorney Anthony D. Gulluni.

The cause of the fire remains under investigation, but Gulluni said the probe is not a criminal investigation.

The City Council referred to its Public Safety Committee an order from Councilor at Large Daniel B. Bresnahan that the city fully fund all fire stations and trucks.

Morse said he is glad to discuss funding with councilors. But his attention currently is on helping the nearly 50 victims of the fire get heat, stoves and other necessary items in the new apartments they have been moved to and helping others find long-term housing and with other issues, he said.

"I'm happy to discuss this policy with the Council as I have in the past. But right now my focus is on the city's efforts to help the residents impacted by this tragic event," Morse said.

It's unanimous: Holyoke Fire Capt. John A. Pond is Holyoke's new fire chief

Hopewell said he has "complete faith and trust" in Pond.

"I trust his judgment. He came up through the ranks. He knows his business and is an excellent fire chief. Also, his command staff (deputy chiefs) are second to none," Hopewell said in a text message.

"Our deputy chiefs know what they are doing at a fire scene. I was at the fire scene most of the day and witnessed incredible team work by all of HFD and all the fire services who came into the city to support us, as well as other city departments.

"Unfortunately, cities and towns across the commonwealth have to live with budget constraints. We all need to work together to make the best of what we have to work with. It's simply disrespectful to the families of the deceased to be publicly pointing fingers, and blaming people and politicizing this tragedy," Hopewell said.

Yesterday's top stories: Fire victim saved roommates, cop indicted for theft, and more

Joint Amherst Chamber of Commerce-BID office opens downtown

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A office provides visitor and tourist information.

AMHERST -- Call it a soft opening -- the ribbon cutting will come later. For now, anyone wanting to know anything about the town can stop in at the new visitor information center downtown.

The office officially opened Tuesday at 35 South Pleasant St. It is operated jointly by the Amherst Area Chamber of Commerce and the Amherst Business Improvement District.

The office is open five days a week, but also will be staffed by volunteers on the weekends and some nights during special events, like the monthly Arts Night Plus openings, said Sarah la Cour, executive director of the BID.

The chamber used to have a small yellow kiosk on the common where it provided visitor information, but that closed and was removed several years ago.

La Cour said the storefront is especially helpful to the BID because it used to have a second-story office and was not as visible.

The chamber did have a storefront office on Amity Street. That office is now closed with the move.

"Now this is much more accessible, it really helps us," LaCour said. People can stop in with questions or to get more information about places to visit or restaurants. Business owners can have easy access as well."

She said the office will be open, for example, when colleges are having parent weekends and staff will be able to let visitors know what the town has to offer.

When the announcement about the office was made in the fall, Tim O'Brien, the chamber's executive director, said that while virtually everyone has a smartphone, nothing beats being able to talk to someone.

"You get a buffet of information," he said. "Sometimes sparks fly."

bidd.JPGSarah la Cour, the Amherst Business Improvement District executive director, in the new office that organization is sharing with the Amherst Area Chamber of Commerce.

That, he said, means "more heads in beds," and more people in restaurants.

The office was renovated to accommodate both agencies, and furniture is on the way to provide space for visitors to sit.

La Cour said the BID and chamber also hope to have music and art on the brick walls.

The office "will add to the vibrancy of downtown," she said.  

Amherst history museum hoping to raise money, awareness through winter gear sale

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The Amherst Historical Society and Museum is hoping to raise money and awareness about the town's history museum with its first ever two-day winter gear sale Jan. 6 and Jan. 7.

AMHERST -- The Amherst Historical Society and Museum is hoping to raise money and awareness about the town's history museum with its first ever two-day winter gear sale Friday and Saturday.

The sale will benefit the Historical Society and the Crocker Farm Parent-Guardian Organization.

In an email, Historical Society President Gigi Barnhill said the fundraiser is a way to "expand our audience in 2017." In 2016, she wrote, the museum was "open to the public more and welcomed many first-time visitors."

The sale "will assist our efforts to expand our audience and plans for programming, as well as supporting our basic needs: utilities, insurance and the maintenance of the late-1750s building and grounds."

Bonnie MacCracken, the organizer of the sale, when asked about the relationship between skiing and history, wrote that she thinks of a Currier and Ives image of a New England winter scene of skiers on a barnyard hill or skating on the South Amherst and East Amherst Commons.

"Residents relied on their winter gear, as they still do, to get through tough New England winters." While people think of skiing and snowshoeing as recreational activities now, local residents the days before cars and snow tires "hunted and traversed long distances on snowshoes," MacCracken wrote.

"Snowshoes made it easier to travel long distances in deep powdery snow, conditions that horses and sleds could not (navigate)," she wrote.

"Early colonists of the Pioneer Valley Region adopted and adapted the snowshoes constructed by the Native Americans, from branches, bark and the rawhide used for webbing, for their own purposes. Snowshoeing and skiing is very much a part our local history," MacCracken wrote.

The sale will be held Friday from 6 to 9 p.m. and Saturday from 9 a.m. to 2 p.m. at Crocker Farm Elementary School.

Sale items include new and used downhill and cross-country skis, boots and bindings, hockey and figure skates, snowboards, clothing for adults and children, gloves, ski poles, snow shoes, helmets and other winter gear.  

The Historical Society is also accepting lightly used winter sports equipment to resell, either as donations or on consignment with a 50-50 split between the seller and the Historical Society.

People can bring items to the school Friday from 4 to 6 p.m.

Chicopee man found on roof pleads guilty to drug dealing, gets state prison

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Enrique Baerga and co-defendant Julio Rivera-Maldonado pleaded guilty to drug charges in a Chicopee case.

SPRINGFIELD -- Enrique Baerga told a judge Tuesday he couldn't remember the name of the drug he takes, but he takes it because "I hear voices all the time."

Baerga, 50, pleaded guilty to drug charges in a Chicopee case, in which he was seen on a snowy, icy roof by members of the police team executing a search warrant on 44 Park St. at 5:40 a.m. Jan. 7, 2016.

baerga.jpgEnrique Baerga

Ivonne Vidal, lawyer for Baerga, told Hampden Superior Court Judge Edward J. McDonough that Baerga has a dual diagnoses of substance abuse and schizoaffective disorder. She said he was taken to a hospital after his arrest for detox.

Baerga has had several hospitalizations for mental health or detox reasons, Vidal said. She said Baerga is clearly an addict feeding his addiction.

McDonough accepted the joint recommendation of prosecution and defense and sentenced Baerga to two to three years in state prison. Baerga pleaded guilty to possession of heroin with intent to distribute, possession of cocaine with intent to distribute, resisting arrest and possession of cocaine.

Although Baerga has a criminal record, this will be his first state prison sentence, Vidal said.

julio.jpgJulio Rivera-Maldonado

McDonough sentenced co-defendant Julio Rivera-Maldonado to a year in the Hampden County Correctional Center in Ludlow followed by two years probation.

Defense lawyer Peter M. Murphy said Rivera-Maldonado, 47, has very limited education and has a physical disability. Rivera-Maldonado's right hand is "mangled," plus he can't raise that arm because he was run over by a vehicle, Murphy said.

Murphy said his client has no prior criminal record but has struggled with substance abuse.

Rivera-Maldonado pleaded guilty to possession of heroin with intent to distribute, possession of cocaine with intent to distribute, resisting arrest and possession of PCP.

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Assistant District Attorney Christopher F. Bourbeau said police found mail addressed to both Baerga and Rivera-Maldonado at 44 Park St. Bourbeau said Chicopee police executed a search warrant at that address after an investigation into drug dealing.

He said police were in the house when a radio call told them a man was on the icy, snowy roof in shorts and socks. When Baerga was brought into the apartment, he had in his sock a large bag with smaller bags of cocaine adding up to 6.8 grams, Bourbeau said.

Police found Rivera-Maldonado at the kitchen table with envelopes of heroin. There were more than 200 bags of heroin in the kitchen ceiling tiles.

Bourbeau had asked for a sentence of 18 months in the Ludlow facility plus two years probation for Rivera-Maldonado.

Charges of violation of a drug free school zone against both men were dropped as part of the plea agreement.

Mayor Alex Morse updates about Holyoke fire relief efforts, but Councilor Dan Bresnahan says leave that to specialists

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Recriminations after the deadly New Year's Day fire in Holyoke included on Tuesday, Jan. 3, 2017 Mayor Alex Morse updating the City Council about relief efforts for displaced families and Councilor Dan Bresnahan saying specialists could handle such efforts while Morse should focus on getting public safety properly funded. Watch video

HOLYOKE -- Mayor Alex B. Morse updated the City Council Tuesday about housing, insurance, furnishings and other efforts to help the 25 families displaced by a New Year's Day fire that has resulted in three deaths at 106 North East St.

But Councilor at Large Daniel B. Bresnahan said later Morse should leave such work to agencies that specialize in relief efforts and instead focus on ensuring public safety is properly funded.

City Council President Kevin A. Jourdain began the meeting in City Council Chambers at City Hall with the unusual step of letting Morse address the council.

"I want to thank Alex for his leadership. I want to thank him for his hard work on this and keeping us very informed about what's going on," Jourdain said.

Besides the fire, which also displaced 25 families, Holyoke Police Sgt. David O'Connell died Saturday and Heather McMahon, nurse supervisor at Holyoke Medical Center and member of the Holyoke St. Patrick's Parade Committee, died Monday.

"Obviously it's no secret that it's been a pretty sad and heartbreaking few days for the city of Holyoke," Morse said.

"Despite the grief that many of us are feeling in this community I think what has been heartening is the hope that all of us see in the hundreds of people coming together over the weekend going through the doors of Kelly School to provide donations for those families in need," he said.

Of the families displaced, including some from an adjacent building that had to be evacuated, 24 of the 25 have found long-term housing, he said.

Morse organized a disaster recovery center held at the War Memorial at 310 Appleton St. Tuesday. Those who lost homes in the fire could get help from the Massachusetts Emergency Management Agency (MEMA), the American Red Cross, city agencies, insurance companies, property managers and the state Department of Transitional Assistance.

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"We were helping folks get their birth certificates. I want to thank the (city) clerk's office for helping with that," Morse said.

The center at the War Memorial will be open today from 10 a.m. to 2 p.m., he said.

Morse said special thanks was due to the firefighters, police and others who responded to the fire on Sunday, along with Principal Jacqueline Glasheen who recognized the need and opened the doors of Kelly School at 216 West St. The school soon was filled with volunteers and donations of clothing, food and toiletries.

Lists are being compiled of what families need in terms of furniture, beds, mattresses, etc., Morse said.

He realized councilors have received complaints that some of the apartments that families displaced by the fire were moved into lacked stoves and refrigerators, but such issues were being addressed and his office made sure all the units had heat and hot water. All of the apartments had certificates of occupancy from the city, he said.

The five-story apartment building that burned at North East and East Dwight streets didn't have a monitored alarm system connected to the Fire Department or a sprinkler system, he said. Morse said he will be discussing with city officials what can be done to ensure owners of such buildings install such safety measures.

"Those are the types of things that we want to address in the coming days to make sure that this doesn't happen again," he said.

Maria Cartagena, 48, and Jorge Munoz, 55, both of Holyoke, and Trevor R. Wadleigh, 34, of Easthampton, were killed as a result of the fire, according to the office of Hampden District Attorney Anthony D. Gulluni.

The cause of the fire remains under investigation, but Gulluni said the probe is not a criminal investigation.

Discussion will arise about the "browning out," or temporary removal from service, of Engine 2 located at Fire Department headquarters at 600 High St. related to the fighting of the 106 North East St. fire, said Morse, but he said his focus currently remains on helping the displaced families.

The brownouts have been done for several years to avoid overtime spending that builds up by summoning off-duty firefighters to work shifts when personnel is thin because firefighters are on vacation, ill or otherwise unavailable. Such overtime can cost hundreds of thousands of dollars.

The City Council referred to its Public Safety Committee an order from Bresnahan that the city fully fund all fire stations and trucks.

Deadly fire leads Holyoke union president Chad Cunningham to seek removal of Fire Chief John Pond

Chad Cunningham, president of Holyoke Fire Fighters Association, Local 1693,International Association of Fire Fighters, criticized the brownouts and Fire Chief John A. Pond and Morse for establishing them.

During the public speak out at the City Council meeting, Cunningham said the lack of personnel with the absence of Engine 2 hindered the firefighters who were first on the scene at Sunday's fire in providing help to tenants in the burning building.

In an email, Bresnahan said that after listening to Morse's update, he thinks the mayor should change his focus.

"I think the mayor needs to get back to business at hand and let the agencies that work and have worked with displaced families for decades do their work. I would prefer he jump into action on city finances and create a budget that properly funds public safety," Bresnahan said.

"His comments about his main priority right now is assisting in making sure victims have stoves, heat and refrigerators is a beautiful gesture but he should let the proper agencies that have this type of expertise and experience in this area do what they do best while he explores ways to prevent brownouts," he said.


City attorney: Foiled RMV developers were victims of their own 'ineptitude,' not 'conspiracy'

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Springfield City Solicitor Edward Pikula has petitioned a federal magistrate judge to dismiss all counts of a $50 million lawsuit against city officials over a failed RMV project.

SPRINGFIELD -- An attorney for the city has rejected legal claims by developers behind a foiled Registry of Motor Vehicles project, arguing the developers were "inept" and victims of their own procrastination as opposed to cronyism.

City Solicitor Edward Pikula filed a 31-page legal memo in response to a $50 million lawsuit leveled in U.S. District Court in October by investors in Martone Place LLC and HDC Four LLC, calling for it to be dismissed. The collective was granted an award by the state to build a new RMV at Martone Place and St. James Avenue.

A condition of the 10-year lease -- initially settled at $625,000 annually -- was that the builders must complete the project by September 2014. A lawyer for the plaintiffs said that the lease likely would have extended out for 50 years beyond that.

"It would have been a $50 million lease. We're talking big money," Bart Heemskerk, a Springfield attorney representing the plaintiffs, said in a previous interview.

The new facility was meant to replace the old one on Liberty Street, which is plagued by a congested parking lot, crowds and long wait times. But the developers failed to make the deadline and the project was put back out to bid in 2015.

Davenport and Albany Road Partners won the second bidding round. The company announced in August a plan to build a 17,000-square-foot RMV at the Springfield Plaza. Their 10-year lease agreement was set at $424,656 in year one with gradual increases to $494,468 in year 10.

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The plaintiffs argued the city threw up intentional roadblocks to stall the project into failure, including requiring unnecessary approvals and expressing "immediate hostility" in early meetings with the HDC developers, according to the complaint.

Named in the lawsuit are the city, Deputy Director of Planning Philip Dromey, Director of Public Works Christopher Cignoli, Building Commissioner Steven Desilets and retired Director of Public Works Allan R. Chwalek.

The lawsuit quotes Chwalek as bellowing, "It's not going there!" while "pounding his fist angrily on the physical plans of the St. James Avenue project."

However, Pikula contends the case should be dismissed because the developers were "inept" and have a history of unsuccessfully suing public administrators tasked with enforcement of land use regulations.

Pikula notes in his response that the plaintiffs failed in attempts to litigate their way out of the state's deadline in Land Court, Hampden Superior Court and in a bid before a single justice of the Supreme Judicial Court. He also highlights the date of the award -- Feb. 26, 2014 -- and the failure of the plaintiffs to apply for zoning permits until early May of that year.

The plaintiffs received "conditional approval" for the project in July, but locked horns with the city over traffic patterns, permitting and public access to the proposed facility.

Heemskerk contends the DPW's approval process is bogus and not rooted in municipal law. The lawsuit also includes allegations of inside baseball with the backdrop of the MGM casino project, arguing the city cherry-picks "preferred developers" for sought-after development ventures.

Pikula counters that the developers had received special permits from the city previously for a gas station and Dunkin' Donuts drive-thru in 2005 at the corner of Tapley Street and St. James Avenue. Another special permit for a car wash was granted that year, though the project was inexplicably abandoned, Pikula also notes.

He added that he believes the developers misrepresented their capabilities to the state's Department of Transportation.

"It is surprising that Developers represented to MassDOT that it could substantially
complete construction in this short window, in light of the fact that the project did not have any permits, and faced so many hurdles," Pikula wrote. "It may be evidence of false representations to a state agency, but overall it demonstrates the speculative nature of the proposed development plan, such that it appeared to be ill-conceived and ill-fated from the start."

Pikula labeled many of the allegations in the lawsuit "noise." Additionally, he said all the individuals named in the complaint have immunity from being sued personally in their official capacities.

A hearing on the motion to dismiss is scheduled for Jan. 25.

How did stocks of Western Massachusetts interest do in 2016?

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The year 2016 was an up year on Wall Street, but what about the publicly traded companies on the Main Streets of Western Mass.?

Springfield man registered as sex offender in Florida charged with sexual assault on New Year's Eve

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After punching the victim in the face and forcing her to empty her pockets, Riveron began groping and grinding up against her, Szafranski said.

SPRINGFIELD - A sex offender acquitted in a recent rape case was back in court Tuesday, charged with sexually assaulting and robbing a woman on New Year's Eve.

George D. Riveron, 35, of Springfield, pleaded not guilty in Springfield District Court to armed robbery and indecent assault and battery after allegedly accosting and threatening to kill two women within an hour in downtown Springfield.

riveron.jpgGeorge D. Riveron 

The new charges were filed less than three months after Riveron, a registered sex offender in Florida, was found not guilty of armed robbery, assault and battery and two counts of rape following a trial in Hampden Superior Court.

In the new case, the first encounter allegedly took place on Spring Street around 6:30 p.m. when the defendant walked up behind a woman, grabbed her by the neck and put her in a headlock, Assistant District Attorney Cary Szafranski said.

He demanded money, then told the victim, "Don't scream or I'll shoot you,'' the prosecutor said.

About 45 minutes later, Riveron grabbed a second woman walking near Locust and Main streets and forced her into a somewhat secluded area behind the Forastiere Funeral Home, the prosecutor said.

After punching the victim in the face and forcing her to empty her pockets, Riveron began groping and grinding up against her, Szafranski said.

After several people approached, the woman escaped and called 911. Within an hour, Riveron had been arrested and identified by the second victim, Szafranski said.

The prosecutor asked for $250,000 bail, citing the alleged assaults on New Year's Eve and Riveron's criminal record in Massachusetts and Florida. Riveron has picked up a "multitude" of criminal charges locally, Szafranski said.

Defense lawyer Erin Boylan said she was unaware of her client's out-of-state record, and asked for time to review it.

"You might as well, since it's 26 pages," Judge William Boyle said.

The judge eventually ordered Riveron held on $250,000 bail and continued the hearing until Wednesday to give Boylan time to prepare a bail argument. Defense lawyers are not always able to get out-of-state records from the National Criminal Records Center in time for their client's arraignments.

In Florida, Riveron was convicted of sexual battery on a minor in 2009, according to Florida Department of Law Enforcement records. In 2010 and 2012, he was convicted of failing to register as a sex offender in Florida.

In the case in which Riveron was acquitted of rape, the prosecution argued that a Holyoke man had posted an add on Craigslist seeking sex with another male. Riveron responded, but assaulted and robbed the man instead, the prosecution contended. The defense claimed the alleged victim demanded money after the pair had sex, and filed charges when Riveron refused to pay.

Agawam's Walnut Street Extension project could begin by spring

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The ambitious revitalization project to transform a rundown commercial district in the heart of the city could break ground by April, according to city officials.

AGAWAM -- The much-ballyhooed Walnut Street Extension project to reinvigorate a rundown Agawam business district just over the bridge from The Big E could break ground this spring, according to city officials, who have been discussing the plan for over 30 years.

Agawam Mayor Richard A. Cohen's vision of creating a "mini-Northampton," with shops, restaurants, new landscaping and more, could begin by early April, with the bid for the project awarded in late February or early March.

The cost of the project, which has yet to be finalized, would be covered by bonding and infrastructure grants.

The plan calls for creating a vibrant, pedestrian-friendly destination in the heart of the city, with streetside dining and shopping, attractive landscaping, and various traffic-calming measures to ensure the area is a walkable district.

When Marc Strange was hired last year as Agawam's new planning director, he listed the revitalization of Walnut Street Extension and the associated Games and Lanes site among his top priorities in the leadership position.

Games and Lanes, a contaminated property that's undergoing remediation in preparation for redevelopment, is a key component of the Walnut Street plan.

The shuttered site has long been an eyesore and irritant for citizens and leaders, some of whom recently vented their frustrations about the dilapidated property. The owner of the parcel said some of the criticism is inaccurate and unwarranted.

"The accusations of people going in and out (are) nonsense," David Peter, president of Site Redevelopment Technologies, the company that owns the Agawam property, told Cohen in a Dec. 14 email message.

"It may have happened in the past, but currently it is secure and being monitored by many associates including an abutter," Peter said.

Widespread groundwater contamination was discovered at the property in 1989. The parcel was purchased in April 2016 by Peter's company, which cleans and redevelops environmentally impaired properties. Cleanup efforts are expected to be finished in the spring.

Once the Walnut Street Extension project is underway, another major infrastructure project is expected to break ground: reconstruction of the Morgan-Sullivan Bridge linking Agawam to West Springfield near The Big E.

The $23 million MassDOT project is slated to begin in 2018. The plan calls for widening the bridge and rebuilding key intersections on both sides of the span.


Wilbraham seeking project proposals for CPA funding

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Deadline looming for Wilbraham CPA project funding

WILBRAHAM — A deadline of Jan. 12 has been set for proposals for Community Preservation Act funding for initiatives to be considered at Wilbraham's 2017 Annual Town Meeting.

Applications received after the deadline could be delayed until the next round of funding in 2018.

All applications must be typewritten and include a project budget and timeline. The Community Preservation Committee reserves the right to deny funding for any proposed project.

Projects may include open space preservation, historic preservation, affordable housing, and public recreation initiatives. Applicants are urged to submit supporting materials, including studies, site photos, and architectural renderings, among other documentation.

Twelve copies of the completed application and all attachments must be addressed to: Community Preservation Committee, Wilbraham Town Office Building, 240 Springfield St., Wilbraham, MA, 01095. Electronic submissions must be sent to: sto@motorace.com and jeff@nepm.com.

Questions about the process may be directed to Stoughton L. Smead, chairman of the Wilbraham Community Preservation Committee, at 413-222-2027 or sto@motorace.com.

The committee will reveiw all proposals and make funding recommendations. If the panel approves a project, funding must be appropriated at Town Meeting.

Additional information is available on the Community Preservation Coalition's website at www.communitypreservation.org, which includes information about the Community Preservation Act and funding.


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