The suspect was ordered held without right to bail pending a dangerousness hearing.

03.09.11 | Photo by Julian Feller-Cohen – A South Hadley Police Department cruiser.

SOUTH HADLEY - A 32-year-old West Springfield man, who jumped into the Connecticut River Tuesday night in an attempt to elude police following two reported domestic assaults, was ordered held without right to bail Wednesday pending a dangerousness hearing.

Police Lt. William Sowa said the incident began about 7 p.m. when police received a 911 call regarding a male physically assaulting a female in the parking lot of the Village Commons.

When police arrived at the scene, however, the male and female were gone, Sowa said. A short time later, police received another call of a male assaulting a female, this time on Titans Pier Road, he said.

When police arrived, the suspect fled on a motorcycle, heading north on Route 47. The suspect, Shaun Dearing, 32, of 1145 Elm St., West Springfield, refused to stop and eventually pulled into Mitch’s Marina on Route 47 in Hadley, Sowa said.

Dearing jumped into the river and police, aided by a bystander with a boat, went out onto the river and hauled him into custody.

Dearing was charged with two counts of assault and battery with a dangerous weapon, two counts of assault with a dangerous weapon, two counts of assault and battery, operating under the influence (second offense), failure to stop for police and negligent of a motor vehicle.

Sowa said “various objects” were allegedly used during Dearing’s assault on the female. Sowa declined to identify, however, what they were.

Dearing denied the charges Wednesday in Eastern Hampshire District Court in Belchertown. The dangerousness hearing has been set for July 25.

Thomka claimed that she was denied equal access by the MIAA when she wasn't allowed to play in the 2005 individual boys championship.

File photo / The RepublicanFormer Cathedral High School golfer Lindsey Thomka is seen at Franconia Golf Course in Springfield in 2007.

NORTHAMPTON – Three justices from the state Appeals Court heard arguments in a half dozen cases out of Western Massachusetts and Worcester Wednesday including that of a student who wasn’t allowed to participate in a golf tournament because she is a girl.

The Appeals Court occasionally travels to hear cases. Wednesday’s session in the Hampshire County Courthouse was one of three scheduled appearances in Western Massachusetts this year. The court generally issues its rulings within 120 days. Taking the cases under advisement were Judges Joseph Trainor, Frederick Brown and Judd J. Carhart.

The sex discrimination case involved a civil suit filed against the Massachusetts Interscholastic Athletic Association by a former Cathedral High School girl who played on the school’s golf team. Lindsey L. Thomka claimed that she was denied equal access to sports competition when the association ruled that she could not take part in a 2005 golf tournament with boys.

Massachusetts Interscholastic Athletic Association rules require schools to provide equal sports opportunities for boys and girls. Because Cathedral did not have a girls’ golf team, Thomka played on the boys’ team. That team failed to qualify for a tournament, but Thomka argued that she should have been allowed to play in a separate tournament in which players qualified individually. Thomka, who did qualify, would have been the only girl in the tournament, but the association said she could not play because, as a girl, she hit from a shorter tee.

Superior Court Judge C. Brian McDonald found in Thomka’s favor in the case, ruling that the association discriminated against her because of her gender. He also ordered the association to pay $19,100 in attorney’s fees for the plaintiff. Thomas A. Kenefick III, who has not yet been paid because of the appeal, told the justices that McDonald’s ruling was the right one. Geoffrey R. Bok, representing the Massachusetts Interscholastic Athletic Association, insisted that Thomka had separate but equal opportunities as a golfer.

“If her team had qualified, she would have played in the team competition,” he said.

Brown suggested that the association would be better served sorting out its own rules with aggrieved parties than deciding them in court.

“You’ve got a problem,” he said. “Why can’t people sit down and work things out?”

In another case, the judges heard an appeal of a 2007 criminal matter in which a defendant who pleaded guilty to larceny argued that police had no grounds to stop and search him prior to his arrest.

The criminal case involving Angel Colon ended with Colon pleading guilty to breaking and entering in the daytime to commit a felony and larceny over $250. Colon was accused of stealing a laptop computer from a home in South Hadley.

On the day of the incident, a South Hadley police officer twice stopped Colon in the area to speak with him. On the second occasion, Colon agreed to show the officer the contents of his backpack, the laptop. Both times, Colon was allowed to leave. After the second stop, however, police learned of the reported break-in and arrested Colon.

Attorney Daniel Ciccariello, who is handling the appeal on behalf of Colon, argued that the Eastern Hampshire District Court judge erred by denying a motion filed by Richard A. Habhab, the original defense attorney, to keep the evidence resulting from the search from being used during the trial.

“The only reason he was stopped (by police) was that he was ‘out of place,’” Ciccariello said.

But Carhart suggested that police have some latitude in questioning people, especially, as in Colon’s case, when he is seen with a backpack he didn’t have the first time.

“Wouldn’t you want your police officer to do that?,” he asked.

Brown asked Ciccariello how he planned to get around the fact that his client pleaded guilty.

“What cases are you citing?,” he asked. “You’re relying on me.”

Northwestern Assistant District Attorney Cynthia Pepyne told the justices that Colon’s encounters with police that day did not rise to the level of a stop and seizure.

“The police did exactly what we expect them to do,” she argued. “The search was consensual. It was low-key and relaxed.”

Bachmann signed a so-called "cut, cap and balance" pledge during a campaign stop in South Carolina.

Associated PressRepublican presidential candidate, Rep. Michele Bachmann, R-Minn., boards her bus after speaking at a backyard chat with local residents, Wednesday, July 20, 2011, in Norwalk, Iowa.

NORWALK, Iowa — Republican presidential candidate Michele Bachmann says she will submit only balanced budgets if she's elected next year.

But Bachmann won't promise that she'll veto deficit budgets if Congress sends them to her desk.

Bachmann spoke Wednesday during a campaign event in Iowa.

On Monday, she signed a so-called "cut, cap and balance" pledge during a campaign stop in South Carolina. The pledge says the federal government should not borrow more unless there are immediate spending cuts, enforceable spending caps and Congress passes a constitutional amendment to balance the federal budget.

Bachmann had previously said she wouldn't sign the pledge because it didn't go far enough in dealing with the national debt.

Eight other presidential candidates have signed it.

The mixed reviews came as an impasse in Washington over how to raise the nation's borrowing cap to avoid a default on U.S. obligations dragged on with less than two weeks to an Aug. 2 deadline.

Associated PressRep. Jim Jordan, R-Ohio, the Republican Study Committee chairman, far left, leaves the Capitol with fellow House GOP members after passage of the conservative deficit reduction plan known as "Cut, Cap and Balance" that prevailed 234-190, in Washington, Tuesday, July 19, 2011.

WASHINGTON — The top Democrat in the House reacted positively to a new bipartisan budget plan emerging in the Senate, even as a top House GOP military hawk said it would cut defense way too much.

Asked about the budget unveiled Tuesday by the Senate's "Gang of Six" at a brief appearance with reporters Wednesday morning, House Minority Leader Nancy Pelosi, D-Calif., said, "It has some good principles in it."

The group's budget, which would slash the deficit by almost $4 trillion over a decade through a mix of spending cuts and new tax revenues, has also earned praise from President Barack Obama and many senators.

But House Armed Services Committee Chairman Howard "Buck" McKeon, R-Calif., blasted the Gang of Six plan in a missive to his panel members, saying it would cut the Pentagon way too deeply and would unfairly curb military health and retirement benefits.

"This proposal raises serious implications for defense and would not allow us to perform our constitutional responsibility to provide for the safety and security of our country," McKeon wrote in a memo to panel Republicans.

The mixed reviews came as an impasse in Washington over how to raise the nation's borrowing cap to avoid a default on U.S. obligations dragged on with less than two weeks to an Aug. 2 deadline.

On Tuesday, the House doubled down on a symbolic vote to condition any increase in the government's borrowing authority on congressional passage of a balanced budget constitutional amendment and a fresh wave of spending cuts. In the Senate, however, many Republicans warmed to a new bipartisan budget plan revealed a thawing in GOP attitudes on new tax revenues.

The plan by the Gang of Six is far too complicated and contentious to advance before an Aug. 2 deadline to avoid a default that Treasury Secretary Timothy Geithner and other experts warn would shake the markets, drive up interest rates and threaten to take the country back into a recession. But the plan's authors clearly hope it could serve as a template for a "grand bargain" later in the year that could erase perhaps $4 trillion from the deficit over the coming decade.

Speaking on the Senate floor Wednesday morning, Democratic leader Harry Reid said he was confident Obama and congressional negotiators could avoid a government default, but the Senate still needed to hear from the House.

"We have a plan to go forward over here so I await word from the Speaker," said the Nevada lawmaker, who also mentioned that he spoke to Obama Tuesday night. Reid was referring to a plan he's working on with GOP leader Mitch McConnell of Kentucky to give Obama new powers to obtain an increase in the borrowing cap unless overridden by Congress.

In the House, the 234-190 vote Tuesday to pass the House GOP "cut, cap and balance" plan reflected the strength of tea party forces elected in last year's midterm election. GOP conservatives reveled in their victory, however temporary it may be, since the plan faces a White House veto threat and is a dead letter in the Senate anyway.

"Let me be clear. This is the compromise. This is the best plan out there," said Rep. Jim Jordan, R-Ohio, head of a conservative House group known as the Republican Study Committee.

The GOP measure would impose an estimated $111 billion in immediate spending cuts next year and would cap overall spending at levels called for in the House's April budget plan, backed up by the threat of automatic spending cuts. But what conservatives like most about it is its requirement that Congress approve a balanced budget amendment to the Constitution — a step that requires a two-thirds vote in both House and Senate — before any increase in the current $14.3 trillion debt limit can be shipped to Obama.

The balanced budget amendment requires limiting the size of government to 18 percent of the size of the economy, sparking a furious assault from Democrats who say it would force Medicare cuts much deeper than the controversial House GOP budget plan that passed in April — which cut spending to 20 percent of the gross domestic product.

"The most elementary budget arithmetic dictates that you cannot limit the federal budget to 18 percent of GDP and continue to sustain Medicare," said Sen. Tom Harkin, D-Iowa.

Now that the House has blown off steam, Obama said Tuesday that he wants to "start talking turkey" with top congressional leaders like House Speaker John Boehner, R-Ohio, Senate Majority Leader Harry Reid, D-Nev., and Senate GOP leader Mitch McConnell of Kentucky. A White House meeting had yet to be scheduled, though Obama seemed to hint one could take place Wednesday.

Reid has lined up behind a controversial McConnell plan to allow Obama to order up as much as $2.5 trillion in new debt without approval by Congress, which could only block the administration from issuing new debt if Congress disapproves by a veto-proof two-thirds margin in both House and Senate.

In exchange, Reid wants to attach to the McConnell plan a requirement for a bipartisan panel of 12 lawmakers to negotiate on a compromise that could come up for a vote later this year.

The Gang of Six plan promises almost $4 trillion in deficit cuts, including an immediate 10-year, $500 billion down payment that would come as Congress sets caps on the agency budgets it passes each year. It also requires an additional $500 billion in cost curbs on federal health care programs, cuts to federal employee pensions, curbs in the growth of military health care and retirement costs, and modest cuts to farm subsidies.

It also requires a major influx of new tax revenues as Congress overhauls the loophole-choked U.S. tax code. It calls for getting rid of myriad tax loopholes, preferences and deductions and using the savings to sharply lower income tax rates. But $1 trillion to $2 trillion would be skimmed off the top and used to reduce the deficit, depending on who does the calculations.

House GOP leaders were muted in their criticism and pointed to promised reductions in income tax rates rather than the net increase in overall tax collections.

"On the positive side, the tax rates identified in the Gang's plan — with a top rate of no more than 29 percent — and the president's endorsement of them are a positive development and an improvement over previous discussions," House Majority Leader Eric Cantor, R-Va., said. "That said, I am concerned with the Gang of Six's revenue target."

The tax reform outline would set up three income tax rates — a bottom rate of 8-12 percent, a middle rate of 14-22 percent and top rate of 23-29 percent — to replace the current system, which has a bottom rate of 10 percent with five additional rates, topping out at 35 percent. It would reduce but not eliminate tax breaks on mortgage interest, higher-cost health plans, charitable deductions, retirement savings and families with children.

The pool's manager, its assistant manager and the regional director of the Department of Conservation and Recreation were asked to resign.

Associated PressIn this Monday, June 27, 2011 photo, children rinse off at one of the new shower stanchions alongside the public swimming pool at Lafayette Park in Fall River, Mass.

BOSTON — The public swimming pool where the body of a woman lay unnoticed for more than two days should never have been opened on the day she drowned because the water was too murky, state investigators said Wednesday.

The pool's manager, its assistant manager and the regional director of the Department of Conservation and Recreation were asked to resign for their roles in keeping the state-run Fall River pool open on June 26 when 36-year-old Marie Joseph drowned accidentally. A fourth employee, the agency's district manager with oversight of the pool, was placed on leave.

A city health inspector also has been fired.

"We think bad decisions were made," said Edward Lambert, commissioner of the state Department of Conservation and Recreation. "The pool should not open if there is a water clarity issue."

State officials released the preliminary findings of an investigation into the drowning and what happened during the two days that Joseph's body lay at the bottom of 12 feet of milky water.

Investigators said a review of surveillance video showed Joseph going down a water slide into the pool's deep end, surfacing briefly and bumping into a child before going under. The entire sequence lasted only six seconds. The video showed no signs of Joseph struggling, investigators said.

"Water clarity was the primary factor in preventing lifeguards from being alerted to the drowning and from subsequently detecting Ms. Joseph at the bottom of the pool after she submerged," said Carl Rudge, chief park ranger for the agency and lead investigator.

Rudge said one of four lifeguards on duty at the time of the accident was supervising the water slide, but he noted that department rules require that two lifeguards monitor the slide and that diving blocks be closed while the slide is in use — something that also was not done.

Investigators stopped short of blaming the lifeguard near the slide, saying her attention may have been diverted by a group of other swimmers.

A short time after Joseph went under, officials closed the deep end of the pool because of the cloudy water but allowed the rest of it to remain open, another violation of protocol, investigators said.

Joseph, a native of Haiti and mother of five, worked as a hotel housekeeper in Newport, R.I. Her body did not surface until the evening of June 28, more than two days after she drowned, when youths jumping a fence for an after-hours swim discovered it.

Massachusetts pools are expected to be crowded over the next several days as a heat wave that has gripped much of the nation's midsection moves eastward. Lambert said he was confident the state-run facilities are safe.

"This tragic event leaves heavy hearts in an agency that prides itself on its ability to provide high quality, safe, recreational opportunities," he said.

Investigators said they were unable to corroborate a report that the boy who Joseph bumped into told two lifeguards about the incident.

The boy's mother told the Boston Herald that her son told lifeguards that Joseph did not resurface. She also said a lifeguard told the boy that they would check, but never did.

The pool's entire staff was placed on administrative leave after the body was found and officials closed all 24 of the state's other deep-water swimming pools for inspection. All were later reopened except for the one in Fall River, which was drained.

Five similar water slides at other state-run pools have been closed while officials review procedures, Lambert said.

Fall River Mayor William Flanagan told The Associated Press that on Wednesday he fired a city health inspector who checked on the pool two days after the drowning, while Joseph's body was still at the bottom and other people continued to swim in it. Flanagan said the inspector should have taken action to protect other swimmers after noting that the water was cloudy.

A second inspector who had been placed on administrative leave was reinstated after it was determined that she had not seen the water, Flanagan said.

Protocols require that the grates at the bottom of pools always be visible, but a review of the video showed the water began to cloud up on Saturday — for reasons that remain unclear — and continued to be murky for the next few days, the state investigation found.

In the future, water clarity at all pools will be tested using a 5-inch black and white disk that must be visible at the bottom of a pool before it can open, Lambert said.

Gregg Miliote, a spokesman for Bristol District Attorney Sam Sutter, said Wednesday that the DA is continuing a separate, "intensive investigation" into the circumstances of Joseph's death, that he hopes to conclude next month. No criminal charges have been filed.

Gov. Deval Patrick ordered the state review, calling the case "terrible," and "bizarre."

Dr. Lauren Smith, a state public health official, said the presence of the body in the pool was unlikely to pose a health risk to other people who continued to swim.

Springfield announced locations of cooling centers around the city on Thursday through Saturday to help people cope with the heat

SPRINGFIELD - The city of Springfield announced it will open cooling centers around the city Thursday through Saturday to provide residents some respite from the 90-plus degree temperatures and high humidity.

Centers will be open from 8 a.m. - 8 p.m. each day.

The centers were announced Wednesday by Mayor Domenic J. Sarno, Health and Human Services Director Helen R. Caulton-Harris, Elder Affairs Director Jan Rodriguez-Denny and Emergency Preparedness Director Robert Hassett.

On Thursday and Friday, centers will be open in the following locations:

• Mason Square Senior Center, 74 Walnut St.

• Riverview Senior Center, 120 Clyde St.

• Greenleaf Community Center, 1188 1/2 Parker St.

• Pine Point Senior, 335 Berkshire Ave.

• Raymond Sullivan Safety Complex, 1212 Carew St.

On Saturday only, centers will be located the Mason Square Senior Center, Riverview Senior Center and Greenleaf Community Center.

The National Weather Service on Wednesday issued a heat advisory in anticipation of a period of sustained high temperatures and high humidity creating oppressive conditions.

The advisory is declared with the combined heat and humidity is expected to create potentially dangerous conditions, especially among the elderly, people with existing medical conditions and those who work outside for prolonged periods.

Residents with any questions about locations and hours of cooling shelter operations can call the City’s customer service call center at 3-1-1 or (413) 736-3111.
Cooling Shelters Opening Press Release (07!20!11

Analysts say concerns about lifting the U.S. debt limit outweighed strong earnings from Apple and a slew of new corporate deals.

Associated PressSpecialist Donald Civitanova, right, directs trades at his post on the floor of the New York Stock Exchange. (AP Photo/Richard Drew)

By MATTHEW CRAFT
AP Business Writer

NEW YORK — A rally over hopes for a debt-limit deal turned into a waiting game for investors.

One day after the Dow Jones industrial average had its best day this year, the stock market edged lower on Wednesday. Analysts say concerns about lifting the U.S. debt limit outweighed strong earnings from Apple and a slew of new corporate deals.

"In this environment, stringing together a few days like yesterday is going to be tough," said Brad Sorensen, director of market analysis at Charles Schwab.

Apparent progress on raising the U.S. debt limit launched a stock market rally Tuesday. The Dow jumped 202 points, its best day this year. But investors woke up Wednesday to find Washington still at a stalemate. And with less than two weeks before the government risks defaulting on its debt, they are finding it hard to continue the celebration.

The Dow Jones industrial average fell 15.51 points, or 0.1 percent, to close at 12,571.91.

The S&P 500 index dropped 0.89 point to 1,325.84. The Nasdaq fell 12.29 points, or 0.4 percent, to 2,814.23.

Apple Inc. rose 2.7 percent after the company's income doubled last quarter. Sales of Apple's iPhones quadrupled in Asia.

The stock of Zillow, a real estate website, jumped 79 percent in its first day of trading to $35.77. Zillow's initial public offering of stock priced at $20 late Tuesday.

Clorox rose 2.4 percent after billionaire investor Carl Icahn raised his bid for the company to $80 a share. The consumer products company rejected his previous offer.

News of record earnings and new deals would usually brighten investors' mood, Sorenson said. In the current earnings season, for instance, some 75 percent of companies in the Standard & Poor's 500 index have beaten analysts' estimates. But larger worries about debt troubles in the U.S. and Europe are holding the market back. "It's causing investors and businesses and consumers to be concerned about the future," he said.

European Union officials plan to meet at an emergency summit Thursday in Brussels. Many expect E.U. members to drum up a new aid package for Greece. Worries about Europe's debt crisis have plagued markets for months. The results of stress tests on European banks released last week failed to calm fears that the crisis could soon turn worse. The tests didn't take into account the possibility that most analysts are worried about: a default by Greece or Portugal, two of the countries most at risk.

E-Trade Financial Corp. gained 13.7 percent, more than any other stock in the S&P 500 index. E-Trade's largest shareholder urged the online discount brokerage to consider putting itself up for sale. In a letter to E-Trade disclosed in a regulatory filing, the money manager Citadel LLC called for changes to the company's board, saying E-Trade's "phenomenal franchise" had been "squandered."

Cleaning and pest-control services company Ecolab Inc. said it would buy the water treatment company Nalco Holding Co. for $5.4 billion. Nalco soared 24 percent while Ecolab dropped 7.3 percent.

Tuesday's rally turned the three major indexes positive for the month. The Dow and Nasdaq are now up more than 1 percent in July. The S&P 500 is up 0.4 percent.

Rising stocks outpaced falling ones by a small margin on the New York Stock Exchange. Trading volume was below average at 3.5 billion shares.

Obituaries from The Republican.

Francis L. Sullivan

Francis L. Sullivan, 89, of West Springfield, died on Monday. He was born in Springfield, grew up in West Springfield and graduated from local schools. After high school he enlisted in the Air Force and enrolled in Cadet School. He was a World War II fighter pilot with the 357th fighter group known as the Yoxford Boys. He went into the war on D-Day and continued until the war ended. Sullivan was awarded the Distinguished Flying Cross for heroism and extraordinary achievement in aerial combat and the Air Medal with three Oak Leaf Clusters for individual acts of heroism in aerial combat. He joined the National Guard in the 104th tactical fighter unit as a fighter pilot and squadron commander. He owned and operated Sullivan Auto in West Springfield for 25 years. He also coached youth soccer in West Springfield for many years, and was an avid local golfer.

Obituaries from The Republican:

• Ackley, Natalie F.
  




• 
  Alzak, Doris R. "Dolly" (Forni)
  



• 
  Anton, Evelyn (Boron)




• 
  Appleyard, Joyce A.
  



• 
  Arsenault, Irene M.
  




• Bagge, Paul Brendan
  




• 
  Belliveau, Lisa
  



• 
  Blanchard, Erik C.




• 
  Brinkmann, Marie (Nanck)
  



• 
  Bubnis, Stella R. (Chwalko)
  




• Busby, Anita L. (Brunault)
  




• 
  Celetti, James E.
  



• 
  Chadwell, Ruth A. (Manning)




• 
  Croisetiere, Ismenia Perez
  



• 
  Dancy, Cammia Ysatis
  




• Davenport, Richard
  




• 
  Daviau, Roger A.
  



• 
  Denner, Frances




• 
  Edoff, Nelson V.
  



• 
  Gagne, Richard R.
  




• Granger, Claire Marie
  




• 
  Haas, Keith
  



• 
  Lobo, RuthAnn




• 
  Meilleur, Aline D.
  



• 
  Merlo, Shirley J.
  




• Metaxas, Pamela
  




• 
  Pariseau, Kenneth L.
  



• 
  Peacor, C. Norman




• 
  Perkins, Gordon G.
  



• 
  Pieciak, Timothy P. "Timmy"
  




• Proctor, Philomene G. (Gagne)
  




• 
  Rosario, James S. "Junior"
  



• 
  Royland, Susan M. (Kenary)




• 
  Samuels, Belfier V.
  



• 
  Sheehan, Dylan M.
  




• Silva, Agripina
  




• 
  Sullivan, Francis L.
  



• 
  Taylor, Kathleen M.




• 
  Tetrault, Kelly A.
  



• 
  Tower, Donald J. "Don"
  

The town has tried several avenues for making money from this 18-hole course, but has been repeatedly frustrated.

SOUTH HADLEY – Voters in South Hadley defeated a proposal Tuesday to pay $44,424 to Meadowbrook Golf management group of Florida for its truncated effort to manage the town-owned golf course, The Ledges, this spring.

That agreement was ended when it was discovered that hiring the company without putting the job out for bids first was illegal.

The town will have to go back into negotiations with Meadowbrook to come up with an amount of money that both sides will accept.

The golf course is a sore point because it has been losing money for years. At a special Town Meeting Tuesday, Selectboard chairman Robert Judge deflected criticism of the Town Manager by saying that he, as a member of the Selectboard, accepts personal responsibility for authorizing Paul Beecher to send a letter asking Meadowbrook for an arrangement.

“We’re his boss and he reports to us,” said Judge.

The Meadowbrook situation is a tangled one because of the conditions that came with the grants and loans that made it possible.

The town has tried several avenues for making money from this beautiful 18-hole course, but has been repeatedly frustrated.

“In April we knew what we had been doing was not working well,” said Judge after the meeting, “and we talked about trying to take a different approach.” The Selectboard decided to contact a professional golf management company. Meadowbrook is the parent company of the groundskeepers at The Ledges.

“A letter was signed that shouldn’t have been signed,” said Judge. “We did it hastily, we had to get the course open (for the season), and it was a mistake.”

Judge said the Selectboard has voted to consider three options for The Ledges: First, have the town manage the course. Second, close the course, though it means continuing to pay off the debt. Third, have a private company – that is, a professional management company like Meadowbrook – manage the course.

The special Town Meeting did approve payment of an extra $10,000 for liability insurance for the town, since the price has gone up. It’s now $210,000 a year.

It also authorized spending $100,000 for a temporary roof on the old FiberMark building at Main and Canal Streets, which became the town’s property when the old Northeast Utilities site was purchased.

Town Meeting also approved another $25,000 for FiberMark, mostly for minimal heating and air conditioning to keep the building from deteriorating further.

“We don’t want to put any more into the building than we absolutely have to,” said Judge, “until we have an idea of how it’s going to be used.”

Town Meeting defeated an article proposing that Siemens Industry, which is doing an investment-grade audit of South Hadley’s municipal buildings, take charge of replacing the broken boilers at Town Hall.

Siemens would have approached the problem in a holistic way that included weatherizing the entire building.

Town Meeting opted for a more traditional approach.

The school now houses Chicopee Academy on the third floor and some school offices on the first floor.

File photo | The RepublicanThe former Chicopee High School building is shown on the last day of classes before closing in 2004.

CHICOPEE – The building committee overseeing proposed renovations of the former Chicopee High School has finished the first step in the project and is now hoping students will be able to move in by September 2013.

The committee recently received final approval from the state School Building Authority to hire Arcadis U.S. to serve as project manager on the renovations. The company was selected by the committee about three weeks ago after the committee interviewed several candidates, said William M. Zaskey, City Council president and chairman of the building committee.

The city is planning to renovate the old Chicopee High School and convert it into a middle school. Once the renovation is complete, it will move sixth, seventh and eighth-graders from the Fairview Veterans Memorial Middle School, reuse that school for elementary grades and make other changes as well.

“Now we will be putting out a request for proposals for architects,” Zaskey said.

The committee will release the names of those who responded to the state. The architect will then be selected by a board of 15, three of whom will be from the building commission and the rest by the state School Building Authority, he said.

Once the architect is selected, the committee will have a better idea of the scope of the project and the cost, Zaskey said.

Preliminary estimates predict the school could be renovated for $15 million. City officials are hoping the state will reimburse 65 to 70 percent of the costs of the work.

Superintendent Richard W. Rege Jr. said he is hoping the renovations can begin in the spring and can be finished in a year so teachers can move in over the summer of 2013.

With the existing Fairview Middle School located on the opposite side of the city, Rege said school officials will need more time to move and do not want to have to do it over a long weekend or a week-long vacation.

Making the change will solve some overcrowding problems for the school department. It will also finally move school officials out of the Helen O’Connell administration building, which has serious structural problems. Chicopee Academy, the city’s alternative school that now occupies the third floor of the old Chicopee High School, will also finally get a permanent home after having moved three times.

“It give us flexibility on what we can do,” Rege said.

The Friends of Mater Dolorosa have been holding a prayer vigil in the church in protest of its closing by the Springfield Diocese. Watch video

Republican file photoMater Dolorosa Church

HOLYOKE – An engineer hired by Friends of Mater Dolorosa on Wednesday contradicted the diocesan report about serious structural concerns in the church steeple and said it could be fixed for less than $1,000.

“The steeple is not going to fall down,” said Neal B. Mitchell, president of Neal Mitchell Associates of Northbridge and a registered structural engineer.

The Friends of Mater Dolorosa, who have been have been holding a continuous vigil in the church since June 30 in protest of the closing of Mater Dolorosa, hired Mitchell after Roman Catholic Diocese of Springfield Bishop Timothy A. McDonnell said the structural problems to the steeple is one reason the church was chosen to be closed.

Mater Dolorosa merged with Holy Cross to create a new parish, Our Lady of the Cross. It is located in the former Holy Cross church.

Engineers for Engineering Design Associates Inc., which was hired by the diocese to examine the church, said the steeple could be dangerous at high winds.

“It is only a matter of time before there is either a partial or complete failure of the wooded framed steeple structure. Even a partial collapse would not only jeopardize the occupants and their immediate surrounds but could possibly cause a ‘domino’ effect threatening a much larger area,” the report said.

Mitchell was selected by the Friends because he has experience with inspecting and designing churches. His fee was “under $1,000,” said Peter J. Stasz, a lawyer and one of the parishioners trying to save the church.

While Mitchell agreed the metal tension rods are loose and there is a crack in a wood beam, he disagreed with conclusions made by Engineering Design Associates Inc. engineers.

“It belies common sense that it is going to fall,” he said.

He said there are three ways the steeple has been reinforced.

“This is so over-designed it hurts. It is the way people built them back then,” Mitchell said. “This should not come down.” The church was built at the turn of the 20th century.

Mitchell said metal plates could be screwed to the cracked beam to reinforce it and the tension rods could be easily tightened, saying those two repairs would cost between $300 and $500. More work should be done to repoint the bricks, and pigeon guano must be cleaned from the bell tower in the steeple, he said.

According to his report the total cost of making the repairs would be about $25,000. The Engineering Design Associates report put the cost at about $119,000.

He said engineers sometimes give conflicting opinions. He said the company may be siding with the diocese because it has an ongoing contract with them.

Diocesan officials said they trust their original report and are continuing efforts to remove the steeple.

“There is no comparison between the two. He (Mitchell) is telling people what they want to hear rather than what they need to hear,” said Mark E. Dupont, diocesan spokesman.

The diocese engineers used a lift to examine the steeple roof from the outside as well as examining it from the inside. Mitchell did not inspect it from the outside, he said.

The diocese never said the steeple cannot be repaired but said it was expensive, he said.

“The diocese completely stands by the analysis conducted by Engineering Design Associates, which clearly is a far more thorough and robust report than what was presented today. It is insulting to the common person’s intelligence to think the scope of the work could be as low as was suggested,” Dupont said.

Victor Anop, one of the vigil organizers, said protesters will continue the vigil and are planning a vigil at the bishop’s residence on Elliot Street in Springfield at 6:30 p.m. on Thursday.

Neil Mitchell Associates Structural Inspection of Mater Dolorosa Church in Holyoke

Structural Conditions Assessment Report of the Mater Dolorosa Parish Church

Those temperatures locally are expected to climb into the mid-90s in the coming days, but high humidity will make it seem hotter.

View full sizeStaff photo by Michael G. GordonVanessa Rodriguez, of Springfield, keeps cool with a book in West Springfield's Memorial Pool during a mandated break time for children.

SPRINGFIELD - As a withering heat wave washes across the nation and the region, emergency personnel and medical experts are cautioning those most vulnerable to ward off the potentially deadly effects of high temperatures.

Those temperatures locally are expected to climb into the mid-90s in the coming days with no rain in the forecast until the weekend, according to weather reports. Heat warnings have been issued in 17 states, primarily in the central U.S. where the heat index is expected to climb as high as 126 degrees.

Behind the anticipated sweaty stretch is a high pressure system over the Great Plains, the National Weather Service said.

Dr. John P. Santoro, vice chairman of the emergency department for Baystate Health, said it is not necessary for generally healthy people to lock themselves in air conditioning to ride out the heat, but that the elderly, infants and outdoor workers are most vulnerable to sizzling temperatures.

“A 20-year-old healthy kid doesn’t need to stay inside air conditioning all day but if you get a 50-year-old asthmatic, that’s a different story,” Santoro said, advising everyone to take breaks from activity, cover up exposed areas of their bodies and stay hydrated in high heat.

Santoro said visits to the emergency room spike during the heat, but some maladies such as weakness in the elderly and other generalized complaints are difficult to attribute to the heat.

“When we know it’s definitely heat-related is someone who has been working out in the sun who then comes in with a temperature of 105 degrees – and that’s a real risk,” he said.

The U.S. Environmental Protection Agency has warned of poor air quality due to the heat in Springfield and other parts of the state, and has also asked residents to limit their electricity use to avoid overloads and outages.

Local communities have issued “excessive heat watches” and are urging residents to stay inside. Some cities and towns are opening cooling centers for what are expected to be the hottest days including Agawam; Easthampton; Greenfield; Holyoke; Northampton and Springfield.

Locations of Pioneer Valley cooling centers

View Pioneer Valley cooling centers, July 21-23 in a larger map

The American Red Cross also advised people to stay hydrated in the heat and avoid drinks with caffeine and alcohol.

The symptoms of heat exhaustion include headache, nausea, dizziness, weakness and cool, moist or pale skin. Those exhibiting signs should be moved to a cooler place, sprayed with water or tended to with wet cloths.

Heat-stroke is life-threatening and signs include hot, red skin, changes in consciousness, vomiting and high body temperature. If a person starts showing these signs, call 911 and quickly immerse the person up to their neck in cold water if possible.

Vendors, including Proctor & Gamble Pet Care, have donated truckloads of food.

File photo | The Republican

AGAWAM – Dave’s Soda & Pet City has raised $75,000 worth of pet food from its vendors to help animals affected by the June 1 tornado.

Vendors, including Proctor & Gamble Pet Care, have donated truckloads of food.

Dave’s has donated food to Thomas J. O’Connor Animal Control and Adoption Center, The Pioneer Valley Humane Society, The Second Chance Animal Shelter, The First Church of Monson, the West Springfield Church of Christ, Feline Friends, The Concerned Citizens of Animals, Westfield Animal Shelter, Positive Options and other shelters that have stepped in to help.

Police say Felix is currently serving the final months of his sentence related to a robbery conviction and he has a history of weapons-related charges.

Jose Felix, 31, reportedly walked away from a work-release program on Wednesday July 21.

HARTFORD, Conn. - Connecticut State Police at the Hartford barracks are asking the public for help locating convicted felon Jose Felix after he apparently walked out of a halfway house on Wednesday.

According to troopers, around 9:30 a.m. Wednesday, Felix walked out of the Open Hearth community work-release facility after a disagreement with a staff member. The facility is located at 437 Sheldon Street in Hartford, just a block away from Interstate 91.

"Felix is currently serving the final months of his sentence related to his conviction for first degree robbery," troopers said. "Felix also has a history of weapons-related charges."

A search of the Connecticut Judicial Branch's website revealed that Felix was sentenced to serve 11 years in jail stemming from a 2005 court case where he was convicted of first-degree robbery and threatening to use a firearm. The original incident happened in Nov. 2004 in New Britain, Conn.

His sentence was suspended after seven years and he was slated to begin a three year probation period shortly.

According to police, Felix is known to have ties across the area, including in New Britain and the Park Street area of Hartford.

His previous convictions were in 2002 on assault and threatening charges and for violating an order of protection, according to the state's online database.

Felix is described as a Hispanic male with brown eyes and a medium build. He is approximately 5-feet, 9-inches tall with black hair although his head is currently shaved, police said.

He was last seen wearing green shorts and a black shirt.

Anyone with information about Felix and his location is asked to contact Connecticut State Police at Troop H at 860-534-1000.

Kevin Cyr, 36, and his late girlfriend, 30-year-old Sarah Gauvin, of North Attleboro, Mass. allegedly robbed a bank in Stuart, Florida in December. Gauvin, a mother of two, was killed by police following a pursuit after the robbery.

(Photo courtesy of Stuart Police Department)Surveillance footage from inside the Chase Bank branch in Stuart, Florida showing the late Sarah Gauvin and Kevin Cyr on Dec. 16, 2010.

STUART, Fla. - A Massachusetts man is facing the possibility of a life sentence after pleading guilty to charges stemming from a December bank robbery that led to sheriff's deputies shooting and killing his girlfriend.

Kevin Cyr, 36, and his late girlfriend, 30-year-old Sarah Gauvin, of North Attleboro, Mass. allegedly robbed a bank in Stuart, Florida in December 2010, according to a report by TCPalm.com.

On Dec. 16, Cyr and Gauvin allegedly entered a Chase Bank branch in Stuart and handed a teller a note demanding money while displaying a handgun, according to a December report in the Worcester Telegram and Gazette. With $1,054 in hand, the duo then reportedly fled in a silver Mustang with Massachusetts license plates.

The vehicle description was broadcast and as police saw the car on the streets, they pursued it. At one point, Cyr allegedly pointed a gun at police officers. During the pursuit, Cyr drove across a median and into an unmarked police cruiser occupied by deputies from the Martin County Sheriff's Department.

Two officers opened fire on the couple with bullets hitting Cyr in the head, neck and arm. Gauvin was killed as a result of the gunfire.

On Wednesday, Cyr pleaded guilty to murder, robbery with a deadly weapon, high-speed fleeing and two counts of aggravated assault on a police officer with a deadly weapon.

The prosecution said in court that the duo was wanted in connection with at least three other bank robberies, including one in Worcester, in the months leading up to the December incident in Florida that led to Gauvin's death.

In Worcester on Nov. 1, the duo was believed to have robbed a Citizen's bank branch inside a Price Chopper store. They are also wanted in connection with a robbery in Salem, Ore. and Chubbuck, Idaho, according to TCPalm.com.

The gun Cyr allegedly used in the Florida robbery was found to be a realistic-looking Airsoft BB gun, according to a report by the Attleboro Sun Chronicle. Gauvin was the mother of two children who were both under the age of 5.

In a previous interview with a reporter for TCPalm.com, Cyr apologized for his actions.

"I just want to apologize to the bank teller, and everybody involved — the witnesses and everybody we put in danger by driving the way I was driving," he said in a videotaped interview.

The prosecution in the Florida case is reportedly pushing for the maximum sentence which is 24 years to life in prison.

Luis Ortiz, 21 and 19-year-old Heriberto Pagan were charged on Wednesday for a shooting that left another man seriously injured with a gunshot to his stomach.

Luis Ortiz, 21, of Hartford, Conn.

HARTFORD, Conn. - Two Connecticut men were arrested on Wednesday for their alleged part in an April shooting that sent another man to the hospital with a gunshot wound to the stomach.

The Hartford Shooting Task Force announced Wednesday that Luis Ortiz, 21, and 19-year-old Heriberto Pagan, both of Hartford, Conn. were taken into custody and charged in connection with the shooting.

According to Hartford Police, around 8 p.m. on April 9, officers were called to 1027 Maple St. in the city for a shots fired call with a victim. The victim, whose identity was not released, was taken to Hartford Hospital and treated for a gunshot wound to the abdomen. He eventually was released.

The investigation led to Ortiz being charged with criminal attempt to commit murder, first-degree assault, unlawful discharge of a firearm, reckless endangerment and carrying a pistol without a permit. He was held in lieu of $750,000 pending arraignment in Hartford Superior Court.
Pagan was charged with first-degree assault with criminal liability, conspiracy to commit first-degree assault, hindering prosecution and threatening. He was held in lieu of $500,000 bail pending arraignment.

Heriberto Pagan, 19, of Hartford, Conn.

These arrests reflect the third solved gun-related case closed by the Hartford Shooting Task Force since it was reinstated in early July by Hartford Mayor Pedro E. Segarra.

"These arrests are a testament to the diligence of the Shooting Team in their continuing effort to stem gun violence in our city," Segarra said.

Hartford Assistant Chief of Police John K. Horvath added, "I commend all the members of the team for their fine work in bringing these two dangerous individuals to justice."

The Hartford Shooting Task Force (team) is a partnership between the Hartford Police Department, Office of the Hartford State's Attorney, Office of the Chief State's Attorney, the Connecticut State Police, the Department of Corrections, and the East Hartford, West Hartford and Manchester police departments. It is charged with investigating gun violence and bring those responsible for such violence to prosecution.

Somes said he wants to build on the strengths at the school.

Photo by John Suchocki / The RepublicanDaniel R. Somes has taken over as principal of the Stanely M. Koziol Elementary School in Ware.

WARE – Taking over as principal at Stanley M. Koziol Elementary School, which received recognition from the state last year for improvements in reading skills, Daniel R. Somes believes his teaching experience in mathematics can help make strides in that area too.

“I hear teachers saying they want to grow in the area of math. All of my classroom is in math.’’ Somes said. “It is a great fit. I feel like I have something to offer and there is a willingness on the part of the staff to grow in this area.’’

Somes took over as principal July 5, replacing Marlene A. DiLeo who moved on to become principal at Ware Junior-Senior High School.

Somes earned a bachelor’s degree in management from Bentley College in 1990 and started a career in sales and management in the automobile business.

He said he was not finding that work fulfilling, so he took education courses at Worcester State College and began teaching in 1998 and went on to earn a master’s degree in education from American International College.

He taught for several years in Boylston and then became a math specialist with the Ludlow public schools before moving to Royalston.

Somes said he misses going into a classroom to teach every day, but he said administration was an aspiration from the time he switched careers in the late 1990s.

“The desire to lead and keep the growth moving and drive that vision is something that is huge for me,’’ he said. “This is an awesome opportunity.’’

Last year the state acknowledged the improvement in reading skills at Koziol, particularly for low-income students, and sent teams to study how grouping students by abilities and frequent assessments of students and their progress had led to the improvement.

“We are held in a very high regard in a positive light for the work that has been going on,’’ Somes said.

“People need the chance to celebrate what has been accomplished, but you always have to look at what is next,’’ he said. “We have to continue to improve every year. How we do that is a question we have to keep asking ourselves. It will take a lot of work.’’

In his first few weeks on the job, Somes has been meeting with teachers, staff and parents and getting acclimated.

“It is a very supportive environment,’’ he said. “People are committed to continuing the work that they have started.’’

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View full sizeIn this photo a leopard attacks a forest guard at Prakash Nagar village near Salugara, on the outskirts of Siliguri, India. The leopard strayed into the village area and mauled several villagers, including three guards, before being caught by forest officials, according to news reports. The leopard, which suffered injuries caused by knives and batons, died later in the evening at a veterinary center. The forest guard being attacked was injured. (AP Photo)

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Admission is $6 for adults, $3 for children ages 4 to 12 and free for tots under 4.

CHARLEMONT – Yankee Doodle Days are here again!

The Friends of the Charlemont Fairgrounds are sponsoring this year’s three-day festival from Friday, July 22 through Sunday, July 24, which continues a tradition that dates back to the 19th century.

Gates open on Friday at 4 p.m. and the day starts off at 5 p.m. with music by WHAI’s DJ Bobby C, leading into a comedy knife-throwing act, One Sharp Marriage, at 6 p.m. Also at 6 is a car show by Yankee Motor Club that runs until 9 p.m., when the fireworks are set off.

Saturday is packed with family fun starting when gates open at 9 a.m. A lawn tractor pull, relay races, water balloon tosses and much more offer chances for kids to win prizes. For the grown-ups, there’s plenty of music scheduled, including sets by Doug Johnson Band, Cooper Jones Band and The Skeltones. And don’t forget the game of Cow Plop Bingo at 11 a.m.

The Demolition Derby on Sunday is set for 3 p.m., but when the gates open at 9 a.m., there will plenty to do to pass the time. Country music singer Karen Brooks will play at 11 a.m. and the Acoustic Preservation Project will take over at 1 p.m.

And there’s a whole lot more, even a petting zoo, face-painting, Bowey the Clown, Smokey the Bear, rides and a display showing 150 years of Avery’s General Store.

Cliff’s Smokin’ Backyard BBQ is among those that will provide food.

Admission is $6 for adults, $3 for children ages 4 to 12 and free for tots under 4. The Charlemont Fairgrounds are on Rt. 8A.

Alcohol and pets are prohibited. The money raised will go toward the restoration of the Fairgrounds grandstand.

This map shows the location of the Charlemont Fairgrounds

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The scam involved purchasing stolen credit card numbers from overseas then using the information to buy Visa gift cards from Big Y grocery stores across New England.

View full sizeSteve Bourne, 27, of Queens, N.Y. (Photo courtesy of North Branford Police Dept.)

NORTH BRANFORD, Conn. - Two men from Queens, N.Y. were arrested this week in a credit card scam which spanned several states and countries and targeted the Springfield-based Big Y World Class Market chain, according to Connecticut authorities.

Steve Bourne, 27, and Charles Whitfield, 24, are both facing a slew of charges relating to credit card fraud after they were caught Monday in North Branford, Conn. leaving a Big Y supermarket.

According to various published reports, the duo was inside a Big Y grocery store when a loss-prevention officer recognized them based on an internal company bulletin detailing the fraud.

According to police, Bourne and Whitfield were allegedly involved in a scam that involved purchasing stolen credit card numbers from an unspecified foreign country then imprinting the numbers on actual cards. The fake credit cards were then used at at least 20 Big Y supermarkets across Massachusetts and Connecticut to purchase Visa gift cards for a total of more than $8,000.

View full sizeCharles Whitfield, 24, of Queens, N.Y. (Photo courtesy of North Branford Police Dept.)

After the duo left the Big Y store on Monday around 3:30 p.m., the employee called police. An officer on patrol then saw the vehicle and pulled it over. After police allegedly smelled burnt marijuana in the vehicle, a search was conducted and officers found marijuana and several of the fraudulent credit cards.

Both Bourne and Whitfield were charged with 31 counts of credit card theft, 31 counts of conspiracy to commit illegal credit card use, illegal use of a credit card, sixth-degree larceny and conspiracy to commit sixth-degree larceny. Whitfield was additionally charged with driving without a license, possession of drug paraphernalia and possession of marijuana.

Both men were arraigned in New Haven Superior Court and each was held in lieu of $25,000 bond.

Police said the investigation is ongoing and will likely involve federal authorities as well as police in several jurisdictions based on the accused men's alleged illegal actions since January.