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Chicopee DPW garage renovations progressing

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A contractor must be hired to do work that Comprehensive High School students cannot.

CHICOPEE — Progress is being made on renovations to the Department of Public Works garage and officials now are asking for nearly $1 million to hire an outside contractor to do some of the work.

The project calls for turning the vacant second floor of the building on Baskin Drive into offices as the city consolidates the Water Department, engineering and other offices into one location to make operations more efficient.

Comprehensive High School students studying in the carpentry and electrical departments at the career technical or vocational division are doing some of the work, including the carpentry, painting and installation of the electrical wiring, but it was always known the school does not have programs that will allow the teenagers to do all the work.

The city has already received bids from general contractors who will do work the students cannot, such as installing an elevator. The low bidder was Garland Construction, of Chicopee, who agreed to do the work for $980,000, said Stanley W. Kulig, retired public works superintendent who is working part-time to oversee the project.

The contractor will also install the heating, ventilation and air conditioning system, do masonry work and partially install the sprinkler system, he said.

Kulig and acting public works superintendent Steven Frederick urged the City Council to approve the funding by the next meeting on April 2 so there will not be a delay in the renovations and the students can continue without pause.

The students started the project in the early fall and are finished with the floors and other work. Their next step is to start working on the walls, but cannot do the work without a contractor on board to first install heating ducts and other things, Kulig said.

“It will be a coordination nightmare if this is delayed too long,” he said.

The council voted unanimously to send the issue to finance subcommittee so they could get more details about the project before voting on it. A subcommittee is scheduled for next week Council President George R. Moreau said.

“I would like to see what we are paying $980,000 for,” Councilor Frank N. Laflamme said.

The total project is estimated to cost $1.4 million, which will be a savings of between $400,000 and $500,000 because of the students doing the work.

The City Council in early September approved spending $100,000 for architect plans and about $150,000 for materials so students could begin the work.

The city is also considering using students from the Westover Job Corps to install some of the plumbing, Kulig said.


Holyoke Dean Tech vocational school will be managed by Project GRAD USA of Texas under current plan

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The Texas-based company has submitted a 4-phased plan with short- and long-term goals.

HOLYOKE — A nonprofit company based in Houston, Texas, is in line to become the new manager of the city's vocational school, the superintendent told the School Committee Monday.



projectgrad_logo.gif

 

Superintendent David L. Dupont said he is trying to forge a contract with Project GRAD USA to manage Dean Technical High School when the current manager terminates its contract with the city in June.

Dupont said he is working on the contract and an accelerated schedule for the company to take over, given how close the next school year is, with Sergio Paez, who will become superintendent when Dupont retires in June, and Assistant Superintendent Kimberly A. Wells.

"We know we have to land on the ground running," Dupont said.

The state since summer 2011 has required the city put Dean under outside management because school officials and staff have failed to turn around students' persistently poor academic performances.

Federal and other grants have been paying the Collaborative for Educational Services, of Northampton, $606,520 a year to run Dean. But the collaborative told the city last month it would exercise its contract-termination rights because of issues related to funding, control, staff professional development and student achievement goals.

Selection of such a manager and negotiation of a contract are the exclusive authority of the superintendent under state law, though Dupont as a practice keeps the School Committee informed at each step.

The School Committee received a memo from Daryl Ogden, Project GRAD chief executive officer, who outlined a four-phase plan to achieve both short-term improvements and a long-term strategy at Dean.

"An important condition of success for achieving this vision for Dean is to make the school a professional destination of choice for the best educators in Massachusetts, to whom Holyoke parents and guardians will be enthusiastic about entrusting their children's growth and development during the critical high school years," Ogden wrote.

Phase I would be done this month through May and includes assessing Dean, the public schools and the community to see what Dean needs, Ogden wrote.

Phase 2 would take place form May to August. It would involve establishing an education plan for the 2013-2014 school year and introduction of the company's education model to Dean. That would include Dean staff attending a conference in July in Grand Rapids, Mich., he wrote.

Phase 3 would be in July and August. The goal is to execute a successful opening of the school year at Dean and establish the company education model in the first half of the academic year, with an emphasis on finalizing staff arrangements, he wrote.

Phase 4 would take place January to June of 2014 and involve full-scale establishment of the company education plan, he wrote.

When the collaborative announced it was bowing out, the state Department of Elementary and Secondary Education gave Dupont a list of seven possible managers. He chose Project GRAD because it has experience working with vocational schools, he said after the meeting.


Erving Cruz, 27, convicted in 2010 slaying of Tigan Hollingsworth, 17, of Taunton

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Prosecutors said 17-year-old Tigan Hollingsworth of Taunton was stabbed 13 times after he was chased from a city convenience store in June 2010 during an ongoing dispute with another teen.

FALL RIVER — A former Taunton man has been convicted of second-degree murder for his role in the 2010 stabbing death of a teenager.

Twenty-seven-year-old Erving Cruz was convicted Monday in Fall River Superior Court and sentenced to life in prison with the possibility of parole after 15 years.

Prosecutors said 17-year-old Tigan Hollingsworth of Taunton was stabbed 13 times after he was chased from a city convenience store in June 2010 during an ongoing dispute with another teen.

Prosecutors charged Cruz with murder under the joint venture theory, alleging Cruz was one of two men who kicked and punched Hollingsworth to the ground before someone else stabbed him.

Cruz's lawyer said his client never intended for Hollingsworth to die.

Two brothers, including one who allegedly stabbed the teen, await trial.


Mark Perez denies motor vehicle homicide charge for crash that killed Jeanne Lareau McLain; bail set at $250,000 cash

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Friends of the victim, some crying during the arraignment, sat in a row on one side of the courtroom. Watch video

Updates a story posted at 9:44 a.m. Monday.


SPRINGFIELD -- The alleged drug dealer who police say stole a vehicle Saturday before causing a crash that killed a Westfield woman denied charges of motor vehicle homicide while under the influence of drugs and reckless driving Monday in District Court.

Judge William J. Boyle ordered Perez, 25, 25 Narragansett St., held in lieu of $250,000 cash bail and set his next court date for May 2.

The crash killed Jeanne Lareau McLain, 55, of Westfield. Her partner, Dennis O'Connor, 59, suffered non-life-threatening injuries.

Perez also denied charges of possession of marijuana with intent to distribute, resisting arrest, leaving the scene of a personal injury accident resulting in death, leaving the scene of a personal injury accident, reckless operation of a motor vehicle, and leaving the scene of a property damage accident, possession of cocaine with intent to distribute and receiving a stolen motor vehicle.

The crash occurred at the corner of Carew and Chestnut streets Saturday morning.

Daniel D. Kelly filed a private appearance to represent Perez. The bail amount was agreed to by Kelly and Assistant District Attorney Marie Angers.

Friends of the victim, some crying during the arraignment, sat in a row on one side of the courtroom.

More than a dozen people attended the proceedings in support of Perez, some of whom tried to yell "we love you" as Perez was led out of the courtroom. They were told to be quiet by court officers.

 

Springfield Forest Park Civic Association schedules annual meeting, potluck dinner

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The Forest Park Civic Association will have Superintendent of Schools Daniel Warwick as its guest speaker.

warwick.phot.JPG Daniel Warwick  

SPRINGFIELD – The Forest Park Civic Association has rescheduled its annual meeting and potluck dinner for Sunday, April 7, from 4 to 7 p.m., at Sumner Avenue School, 45 Sumner Ave.

All residents of the Forest Park neighborhood are invited to attend and are encouraged to bring a food dish according to the first letter of their last name. (A-H, Appetizers; I-S, Main Course; T-Z, Desserts).

This year’s guest speaker will be Springfield Public Schools Superintendent Daniel Warwick. Superintendent Warwick will update the neighborhood on the state of the city’s schools and various successes.

The association will conduct its election for the 2013 board and will also be voting on bylaws for the organization. The program will begin at 5 p.m.

The annual meeting was rescheduled from an earlier date due to snow.

Health insurers lead stocks higher on Wall Street as Dow hits another record high

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The Dow Jones industrial average closed at a record high Tuesday after reports on auto sales and factory orders provided the latest evidence that the U.S. economy is strengthening.

By DANIEL WAGNER
AP Business Writer

The Dow Jones industrial average closed at a record high Tuesday after reports on auto sales and factory orders provided the latest evidence that the U.S. economy is strengthening. Traders plowed money back into European stocks as the financial situation in Cyprus appeared to stabilize.

Health insurers powered the gains a day after the government released revised reimbursement rates for Medicare Advantage plans. The new numbers suggest that funding cuts will be less severe than analysts and companies had feared.

The Dow closed up 89.16 points, or 0.6 percent, at 14,662.01. It had risen as high as 14,684 in the late morning.

The Dow broke through an all-time record on March 5. It has risen steadily since then, routinely setting new trading highs.

The Standard & Poor's 500 index rose 8.08 points, or 0.5 percent, to 1,570.25. It rose to within two points of its trading high of 1,576 reached on Oct. 11, 2007.

European markets closed sharply higher on the first trading day after a tense, four-day holiday weekend. Paris' CAC-40 rose 2 percent, London's FTSE 100 1.2 percent and Frankfurt's DAX 1.9 percent.

The gains in Europe markets boosted confidence among U.S. investors. While European markets were closed for four days for the Easter holiday, many traders feared that Cyprus' precarious financial situation would worsen. That concern also weighed on U.S. markets Monday, said Peter Tchir, who runs the hedge fund TF Market Advisors.

But no bad news materialized. Instead, Cyprus' international lenders agreed to extend until 2018 its deadline for meeting key budget targets. European markets opened higher and rose strongly after U.S. trading began Tuesday. The gains fed a virtuous cycle that sent stocks higher on both sides of the Atlantic, Tchir said.

"Everyone was waiting to see if Europe had problems from Cyprus," he said. "Instead, we got the all-clear signal."

The trading day began with solid March sales reports from U.S. automakers. Chrysler said it sold more cars and trucks than in any month since the Great Recession began, an increase of 5 percent. Sales for General Motors and Ford rose 6 percent.

Orders to U.S. factories rose 3 percent in February, the best gain in five months, the government said after trading began. The increase was driven by a surge in demand for commercial aircraft, an especially volatile category.

Health care stocks rose the most of the 10 sectors in the S&P 500 index, adding 1.4 percent. The sector is up 17.1 percent this year.

Traders were relieved about the insurers' prospects after Monday's news about Medicare Advantage rates. Preliminary data released in February had raised fears that companies offering the plans would be forced to cut benefits, increase customers' premiums or abandon some markets. This week's data suggest that may not be necessary.

UnitedHealth was the biggest gainer in the Dow. DaVita HealthCare Partners Inc. led the S&P 500 higher. Also among the S&P 500's top 15 gainers were Humana Inc., Aetna Inc. and Cigna Corp.

UnitedHealth rose $2.77, or 4.7 percent, to $61.74. DaVita rose $7.29, or 6.1 percent, to $127.20. Humana gained $4.09, or 5.5 percent, to $79.11. Aetna rose $1.92, or 3.7 percent, to $54.30. Cigna added $1.84, or 2.9 percent, to $64.75.

Airline stocks fell sharply after Delta Air Lines Inc. said a key measure of revenue was hurt last month by government spending cuts, a technical glitch and attempts to get passengers to pay more.

Delta fell $1.31, or 8.1 percent, to $14.94. United Continental Holdings Inc. lost $1.59, or 5.1 percent, to $29.38. US Airways Group Inc. fell 93 cents, or 5.6 percent, to $15.74. JetBlue Airways Corp. dropped 40 cents, or 5.9 percent, to $6.34.

The industry dragged the Dow Jones transportation average down 1.2 percent. The index fell even more on Monday, 1.5 percent, after U.S. manufacturing slowed more than economists forecast in March. The index, which includes airlines like Delta, United and freight companies FedEx and UPS, has gained 14.7 percent this year.

The manufacturing report was "much weaker than expected," according to Jim Russell, an investment director at US Bank. He said companies that are closely tied to the economic cycle "have really taken on some water because of what that implies."

For the second day in a row, small stocks underperformed the market. The Russell 2000 index of small-company stocks fell 4.49 points, or 0.5 percent, to 934.20. The Russell had risen more than large-company indexes in the first quarter, gaining 12 percent versus 11.3 percent for the Dow and 10 percent for the S&P.

The Nasdaq composite rose 15.69, or 0.5 percent, to 3,254.86.

Some other companies making big moves:

— Hewlett-Packard plunged after a Goldman Sachs analyst downgraded the stock, predicting the company's earnings will be weak. Shares fell $1.21, or 5.2 percent, to $22.10.

— Urban Outfitters climbed a day after the clothing and accessories company said sales at stores open at least a year have grown in the high single digits in the first two months of the fiscal quarter started Feb. 1. Sales at stores open at least a year is a key gauge of a retailer's health because it excludes results from stores recently opened or closed. The stock rose $1.46, or 3.8 percent, to $39.87.

— Actavis Inc. rose after a U.S. court declared a rival's patent invalid, clearing the way for Actavis to sell a generic asthma inhaler. The stock added $4.22 or 4.6 percent, to $96.68.

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AP Business Writer Steve Rothwell in New York contributed to this report.

Daniel Wagner can be reached at www.twitter.com/wagnerreports.

4 Holyoke man arrested, charged with breaking into Main Street gas station

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An officer responding to the scene of a reported break-in spotted 4 men running from the scene.

4 holyoke guys.jpg From left, top row: Luis Cariano and Jose Matos. Bottom row: Gerald Lopez and Alfonso Rivera.  

HOLYOKE – Four Holyoke men were arrested Sunday night on breaking and entering charges in connection with a break-in at a Main Street gas station.

Police officer Sean Shattuck, responding to the Citgo station on Main Street at about 10:15 p.m., arrived in time to see four men fleeing the scene, said Lt. Matthew Moriarty, head of the department Criminal Investigations Bureau.

One of the men was seen tossing something into the air as he ran off. The object was later recovered and turned out to be a golf club, Moriarty said.

Arrested were: Alfonso Rivera, 26, 859 Main St Apt 5R, Jose Matos, 25, 296 Oak St Apt 1E, Luis Coriano, 24, 351 Main St., and Gerald Lopez, 27 of 63 Jackson St Apt 2L

Each was charged with breaking and entering with intent to commit a felony, malicious destruction of property over $250, and possession of burglar’s tools.


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Hard Rock traffic plan presentation postponed

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A presentation on traffic by Hard Rock International has been postponed.

 

WEST SPRINGFIELDHard Rock International Wednesday will make a presentation about infrastructure as well as philanthropy and public services regarding its $700 million to $800 million resort casino project proposed for the Eastern States Exposition fairgrounds.

The presentation will take place during the 5:30 p.m. meeting of the mayor’s Casino Advisory Committee set for the municipal building auditorium. Earlier, officials had anticipated making a presentation regarding traffic, but that has been put off until the committee’s April 10 meeting. 
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Alleged top-ranking La Familia gang members Francisco Diaz, William Rodriguez denied bail in federal court in wake of South Holyoke raid

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Neiman referred to Rodriguez as the "heir apparent" and "head guy in waiting" during Tuesday's hearing in U.S. District Court.

twoguys.jpg Francisco Diaz, 34, left, and William Rodriguez, 28, both of Holyoke, have been labeled by law enforcement officials as the top-ranking members of the local chapter of the La Familia street gang.  

SPRINGFIELD - Not only did a widespread raid of suspected La Familia members last week hobble a busy drug ring in South Holyoke, it seriously altered the alleged gang's succession plan.

Two men labeled by law enforcement as the top-ranking members of the local chapter were denied bail by a federal magistrate judge on Tuesday.

For Francisco Diaz, 34, of Holyoke, the matter of winning bail pending trial on five criminal counts related to selling heroin was a technical one. The alleged head of the gang is slated to begin a three-year state prison sentence in two days for illegal firearms possession, according to defense lawyer Andrew G. Levchuk.

William "Snoop" Rodriguez, 28, of Holyoke, also was denied bail by U.S. Magistrate Judge Kenneth P. Neiman after it became clear that his friends and family could not immediately afford to secure a bond.

According to an FBI affidavit filed before the arrests of more than a dozen suspects last week, Diaz told a police informant that he planned to hand over the reigns of La Familia to Rodriguez while in prison.

Neiman referred to Rodriguez as the "heir apparent" and "head guy in waiting" during Tuesday's hearing in U.S. District Court. However, he seemed willing to consider Rodriguez's release. Defense lawyer Joseph Franco said Rodriguez intended to move in with his mother in Chicopee and take a job as a chef at a Denny's restaurant.

"Maybe he isn't that well-entrenched," Franco argued to Neiman. "He could've been caught up on one day."

Federal, state and local investigators contend Diaz was the ringleader of a brisk drug trade out of 556 South Bridge St. in Holyoke. Assistant U.S. Attorney Paul H. Smyth told Neiman that Rodriguez acted as both doorman and dealer at the four-story tenement.

Smyth also said Rodriguez already served a nine-year state prison sentence for shooting a man the prosecutor believes was a rival gang member with a sawed-off shotgun.

If convicted on two counts of possession and distribution of heroin, Rodriguez faces up to three years in federal prison. Diaz faces up to 41 months in prison if convicted on five counts of possession with intent to distribute heroin. Both denied the allegations at their arraignments.

Assistant U.S. Attorney Todd E. Newhouse said investigators arrested Diaz not at the South Bridge Street address, but at a nearby apartment with a surveillance camera perched above the front door. The prosecutor said investigators found four guns on an upper floor, which Diaz admitted he had stashed there.

Newhouse added that Diaz could face additional charges in connection with the guns, which would tack five more years onto his potential sentence.

Regional forest fire training session at Monson Fire Department draws emergency personnel from Western Massachusetts, northern Connecticut

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Nearly 60 firefighters and first-repsonders, including from communities in Western Massachusetts and northern Connecticut, attended a March 26 forest-fire training session at the Monson Fire Department.

monson fire training.JPG Nearly 60 firefighters and first-repsonders, including from communities in Western Massachusetts and northern Connecticut, attended a March 26 forest-fire training session at the Monson Fire Department.  

MONSON — With brush fire season in full swing, nearly 60 firefighters and first responders from across the region flocked to the Monson Fire Department last week for a forest-fire training session.

Firefighters, ambulance personnel and emergency management officials from Western Massachusetts and northern Connecticut attended the March 27 session, according to Monson Assistant Fire Chief Jonathan L. Miller.

David Celino, the state Department of Conservation and Recreation's chief fire warden, discussed the equipment available for combating so-called wildland fires, including rotary and fixed-winged aircraft. In addition, West Stafford Fire Chief Joseph Lorenzetti demonstrated mobile radio systems available to assist with communications when fighting fires in remote areas.

Because of strained municipal budgets, area fire departments now must rely more on mutual aid from surrounding communities, according to officials who participated in the training session. And due to limited resources, especially in smaller communities, it's not uncommon to see multiple fire agencies working together to extinguish even relatively small fires, they said.

"By incorporating many communities, this training program has enabled chief officers to expand their teams from a couple of dozen to a couple of hundred firefighters," Monson Fire Chief Larry McDonald said in a press release.

On Monday, Celino joined state Conservation and Recreation Commissioner Edward M. Lambert Jr. at the Monson fire station to announce grants to help area departments purchase equipment and gear to battle forest fires.

Agencies that participated in the March 26 training session included fire departments from Monson, Bondsville, Brimfield, East Longmeadow, Hampden, Holland, Ludlow, Palmer, Three Rivers, Wales, Warren and Wilbraham in Western Massachusetts; fire departments from Somers, Stafford and West Stafford in Connecticut; ambulance services from Brimfield, Stafford and Wilbraham; and officials from the Monson Emergency Management Department.

Massachusetts legislative leaders propose to increase gas, cigarette taxes to finance transportation improvements

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The plan would increase the state's 23.5-cent-a-gallon gas tax by 3 cents and provide for tiny annual increases to account for inflation.

BOSTON - Leaders of the state Legislature on Tuesday unveiled a plan to finance transportation improvements by increasing the state gas tax by 3 cents a gallon, hiking the cigarette tax by $1 a pack and increasing taxes on utilities and certain software services.

The plan would kill Gov. Deval L. Patrick's legislation to increase the income tax from 5.25 percent to 6.25 percent and lower the sales tax from 6.25 percent to 4.5 percent. The plan by legislative leaders would generate $500 million a year, or only about one quarter of the new revenues sought by the governor for education and transportation.

bobby.JPG Speaker of the House Robert DeLeo, left, looks to Gov. Deval Patrick, as he spoke during the signing ceremony for a bill legalizing casino gambling in Massachusetts in 2011. The two might consider holding a similar event for a bill to increase the gas tax.  

The plan would eliminate an immediate need for further fare hikes or service cuts on the MBTA, but it does not earmark money for specific transportation projects such as the planned overhaul of the elevated section of Interstate 91 in Springfield.

Sen. Stephen M. Brewer, D-Barre, chairman of the Senate Ways and Means Committee, said the plan would help Western Massachusetts by boosting Chapter 90 aid for municipal roads by 50 percent a year from $200 million to $300 million statewide. Brewer added that the plan would also increase the budgets of 15 regional transit authorities, including enough to avoid a possible fare increase at the Pioneer Valley Transit Authority in Springfield and to possibly expand services in the future.

The plan, which would hike the state 23.5-cent-a-gallon gas tax for the first time in more than 20 years, was released at Statehouse press conference by Senate President Therese Murray, House Speaker Robert A. DeLeo and top legislators.

The plan also includes an annual increase for inflation on the gas tax, equaling about a half a penny a gallon, starting in January 2015.

The state House of Representatives next week is likely to vote on the transportation plan. Separately, the House is expected to unveil its budget for the fiscal year that begins July 1.

brew.JPG Stephen Brewer 

Several legislators from Western Massachusetts said it could be difficult to raise the gas tax in the region because people depend more heavily on their cars and trucks.

Rep. Sean F. Curran, a Springfield Democrat, said the gas tax increase would be a "tremendous sacrifice" for people in Western Massachusetts, considering gasoline generally costs between $3.70 and $4 a gallon this week.

Curran said he didn't believe there would be too much support from his constituents.

"There probably is going to be a lot of opposition," Curran said. "Residents are extremely reliant and dependent on their automobiles."

Sen. Gale D. Candaras, D-Wilbraham, said the plan would be a difficult vote. Candaras said the plan raises a lot of questions, including whether a proposed increase in the excise tax on utilities, including electric companies, would be passed on to consumers.

sean2.JPG Sean Curran 

Candaras said Patrick's plan to increase the income tax was not marketable. She said she is concerned about the proposed gas tax increase, even though it would be modest, because of the effects in Western Massachusetts.

"That would be a bitter pill for folks to swallow," she said.

Candaras called the plan "a very interesting trial balloon," with input from the Senate president, the speaker and possibly the governor.

Candaras said a good chunk of the $500 million would go to the MBTA, but she would want to know whether it would provide for the 50 percent increase in state funds for municipal road repair. "I want to see how the money is going to be spent," she said.

Rep. Joseph F. Wagner, a Chicopee Democrat, said the increase in the tobacco tax would be disproportionately borne by people in the eastern part of the state because more people live there.

Wagner said people understand the need for good roads and bridges. "Nobody ever wants to pay more, but I think people recognize that roads and bridges don't fix themselves," he said.

Brewer, whose district includes Palmer, said the plan promotes "regional equity" by increasing Chapter 90 local road funds and increasing the budgets of 15 regional transit authorities. Brewer said it would "untenable" to require taxpayers to fund "a perfect road system" in one fell swoop.

"You can't have a spending plan without a revenue plan," Brewer added. "We wanted this sooner rather than later."

As previously promised by DeLeo, the plan dramatically reduces Patrick's goal to raise $1.9 billion a year, including $1 billion for transportation and other capital improvements. When he testified for his bill on March 8, Patrick said he was open to compromise on the ways to raise the money, but he said he would be wary of a plan with narrower impact and smaller growth.

The plan also includes no money for education. Patrick sought to raise $900 million a year for education, including money to eliminate a wait list for state subsidized early childhood education, increase college scholarships and possibly prevent further fee increases at the University of Massachusetts, community colleges and other campuses.

Patrick was unavailable to comment on the plan, but released a statement, saying: “I thank the House and Senate leadership for considering my plan and look forward to thoroughly reviewing theirs. My principles continue to be whether the financing is enough, dedicated and fair, and I will review the Legislature's proposal in that light.”

The plan would raise the state's 23.5-cent-a-gallon gas tax by 3 cents a gallon, Brewer said. The increase would add $30 a year to a motorist who drives 20,000 miles and gets 20 miles per gallon, according to Brewer.

Rep. Todd M. Smola, a Warren Republican, said the plan by legislative leadership is certainly more palatable than the governor's bill to increase the income tax. Smola said the plan is a more reasonable compromise, but regional equity will be critical.

"We have to make sure that Western Massachusetts is not ignored," Smola said. "We want to make sure we are not forgotten."

Sen. James T. Welch, D-West Springfield, said he understands the need for increased revenues and the plan is certainly much more modest than the governor's bill. Welch said he is open to the plan, but he needs to look at details.

Welch noted that the gas tax last increased in 1991. In 2009, Patrick sought to increase it by 19 cents a gallon.

"It's much easier to consider a 3-cent increase than the 19-cent increase of three years ago," Welch said.

The plan also calls for the state would to finance the regional transit authorities in advance. Transit authorities now have to borrow for their budgets and then get reimbursed by the state.

The Pioneer Valley Transit Authority receives about $17 million from the state for its $38.3 million annual budget.

Mary L .MacInnes , administrator for the transit authority, said the plan calls for an increase in the authority's state funding of $1.5 million for the fiscal year starting July 1 and another $3.8 million for the fiscal year starting July 1, 2015. That would bring the state subsidy to about $22.3 million.

MacInnes said that without the extra $1.5 million for the next fiscal year, the authority would have been left with a gap in its budget and the 24-member advisory board possibly might have voted to increase fares. With the additional $3.8 million for fiscal 2015, the authority may be able to add new services, she said.

MacInnes said a new funding formula, developed by the Massachusetts Department of Transportation, distributes new funds to the 15 regional transit authorities based on the number of riders. The Pioneer authority could soon reach 12 million trips for people each year, by far the greatest number of any authority, she said.

Forward funding from the state would currently save the authority about $300,000 in borrowing costs.

Subsidized by state and federal money and local assessments, the authority offers service to the elderly, the disabled, students and others who may not have automobiles.

The authority provides fixed-route bus service and paratransit service to 24 communities, including Amherst, Chicopee, Holyoke, Northampton, Palmer, Springfield and Westfield.

Here are key details of a plan by leaders of the state Legislature to raise $500 million a year for transportation improvements:

  • Raise the state's 23.5-cent-a-gallon gas tax by 3 cents a gallon, starting July 1. At the gas tank, people currently pay 21.5 cents a gallon for gas and 2.5 cents a gallon to pay for removal of contaminated underground fuel storage tanks, according to the Senate Ways and Means Committee.

  • Establish an annual increase for inflation on the gas tax, equaling about a half a penny a gallon, starting in January 2015.

  • Increase the state's cigarette tax by $1 a pack to $3.51 a pack. Tax hike would take effect on July 1.

  • Increase tax on smokeless tobacco and cigars.

  • Increase excise tax on utilities, including electric companies, from 6.5 percent to 8 percent.

  • Increase tax on multi-state corporations.

  • Apply the 6.25 percent sales tax to certain software services to ensure that both the purchase of software and modifications to software are both subject to the sales tax. This makes Massachusetts one of 35 states that now charge some form of sales tax to computer services.

  • A phased end to the practice of paying 1,900 department of transportation employees from bond bills for capital projects, freeing up more money for roads and bridges.
Source: Office of Senate Ways and Means Committee and Overview of the Legislative Transportation Finance Framework.

Cooley Dickinson Hospital supporters back acquisition of Northampton facility by Massachusetts General in Boston

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The hearing was part of what is called a determination of need application which is required whenever a hospital in Massachusetts is seeking to change ownership.

NORTHAMPTON – Dozens of people attended a public hearing at Look Park Tuesday that was scheduled by the state Department of Public Health to gauge community input as it considers a proposed acquisition of Cooley Dickinson Hospital by Boston’s Massachusetts General Hospital.

The hearing was part of what is called a determination of need application which is required whenever a hospital in Massachusetts is seeking to change ownership.

The Cooley Dickinson Board of Trustees voted in February 2012 to merge with Massachusetts General.

Cooley Dickinson had been a member of the Dartmouth-Hitchcock Alliance for 15 years, but that disbanded, leaving the Northampton hospital all by itself. The hospital’s position since then has been that by affiliating with Massachusetts General, Cooley Dickinson will remain autonomous and be able to provide quality care while benefiting from the Boston hospital’s resources.

Forty-six people offered testimony as part of the hearing including Cooley Dickinson President Craig N. Melin and Massachusetts General President Peter Slavin.

According to Dianne Cutillo, senior director of public affairs, forty-six people, a mixture of hospital employees, past and present patients and members of the community, offered testimony for the hearing. All spoke in favor of allowing Cooley Dickinson to be acquired by Massachusetts General.

Melin testified in support of allowing the acquisition, saying Cooley Dickinson needs it in order to continue providing the services it does while addressing the continuing changes in medicine.

“Looking at tomorrow, we do not believe small community hospitals can afford the infrastructure and marshal the resources for these changes on their own,” he said.

“Our board – with input from physicians, the community and staff – believes the long-term security of our locally managed health system depends on joining a larger system to maintain strong services and programs and invest in the future,” Melin said.

He said Massachusetts General does not intend to redirect services away from Cooley Dickinson if it can be demonstrated the services can be delivered with quality and affordability.

Slavin testified that the acquisition by Massachusetts General “would enable Cooley Dickinson to continue as a vibrant and vital health care resource that has delivered excellent care to a grateful community for more than a hundred years.”

The Department of Public Health will accept written testimony through April 12. After reviewing all the testimony, a recommendation on whether to allow the merger is expected to be made in May or June.

People who wish to speak either in favor or opposed to the merger may submit written comments by mail care of Bernard Plovnick, Department of Public Health, Determination of Need Program, 99 Chauncy St., Second Floor, Boston, MA, 02111.

Testimony by Craig Melin, president of Cooley Dickinson Hospital, in support of hospital's acquisition by M... posted by Patrick Johnson

Hampden Superior Court assistant clerk William Eason placed on paid leave pending investigation

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Eason played on Providence College’s basketball teams during the mid-1970s, and scored nearly 1,200 points in his college career.

SPRINGFIELD - Assistant Hampden Superior Court Clerk William L. Eason has been placed on paid leave pending the outcome of an investigation.

Eason’s boss, Court Clerk Laura S. Gentile, confirmed that he was placed on leave Feb. 27, but would not specify the reason for the investigation or provide other details.

Eason, who earns $84,869, has held the clerk’s post since 1986.

Neither Eason nor his lawyer, John M. Thompson of Springfield, could be reached for comment.

Hampden District Attorney Mark G. Mastroianni would not comment on whether his office is involved in the matter.

Asked about reaction from her 21-member staff to Eason’s departure, Gentile said: “I have not been questioned and I have not volunteered any information on what I regard as a personnel matter.”

A spokesperson for the Massachusetts Trial Court, Joan Kenney, also confirmed that Eason was on administrative leave, but had no further comment.

A Springfield resident and star athlete, Eason was hired during the tenure of former clerk William J. “Buddy” Martin, Jr.

He played on Providence College’s basketball teams during the mid-1970s, and scored nearly 1,200 points in his college career.

Gentile said the matter under investigation predates her arrival in the office in January.

A lawyer and former assistant clerk, Gentile was elected to the clerk’s post in November after Brian P. Lees did not seek re-election. Lees, a former state senator, held the post for six years.

Gentile offered no estimate on how long the investigation would take.

Holyokers along St. Patrick's Parade route must resist urge to put space-saving stuff on sidewalks under new law

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Furniture and other stuff to reserve parade-viewing spaces have been appearing on sidewalks earlier the past few years.

 
junk.jpg Space-reservers like this on Northampton Street to secure coveted viewing spots at the Hoyoke St. Patrick's Parade began appearing a week before the March 17 parade this year.  

HOLYOKE - The City Council Tuesday established an ordinance banning the placement of chairs and other items on sidewalks to save spots more than 24 hours before an event such as the annual St. Patrick's Parade.

"We're seeing people putting out their chairs and benches earlier and earlier," Ordinance Committee Chairwoman Rebecca Lisi said.

Place-reserving junk that appears more than a day before such events will be hauled away by the Department of Public Works under the ordinance the council approved 13-0 at City Hall.

The ordinance makes official the practice of the past few years as public works crews have carted off old furniture, milk crates and crime scene tape to ensure safe passage along sidewalks on days leading up to the parade.

Many families along Northampton Street and other avenues of the parade route have been reserving viewing spots as house-party traditions for years with the parade drawing hundreds of thousands of people to the city and making good seats coveted.

But planks of wood, rope and other stuff used to claim spots began showing up a week before this year's March 17 parade.

Such obstructions expose the city to liability if a pedestrian is hurt or a vehicle accident occurs because too much stuff on a sidewalk is clogging a pathway, officials said. Others consider the stacking of such items on a public way to be unsightly.

At least three feet of space must be available on the sidewalk for a wheelchair or walker to maneuver, they said.

"I think this is the right thing to do," Councilor at Large Aaron M. Vega said.

The 2.6-mile route of the parade -- which itself has 15,000 marchers -- begins at the Kmart plaza at Northampton Street and Whiting Farms Road. It continues along Beech, Appleton and High streets before concluding on Hampden Street downtown.

In other business, the council unanimously approved a transfer of $105,000 from the free-cash account to cover DPW snow-removal costs for the March 18 storm.

That brings to more than $428,000 the funds spent on snow removal this fiscal year and leaves $29,000 in that account, Finance Committee Chairman Todd A. McGee said.

"In case we get a friendly April storm. You never know, it's freezing out there now," McGee said.

Rape, kidnap of tourists feed Rio safety fears

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The police response to the attack was swift: The three alleged perpetrators, aged 20 to 22, have all been taken into custody, and investigators are combing databases to determine whether the men might have been behind any other crimes.

van4.jpg A public transport van picks up passengers along Copacabana beach in Rio de Janeiro, Brazil, Tuesday, April 2, 2013. An American woman was gang raped and beaten aboard a public transport van while her French boyfriend was shackled, hit with a crowbar and forced to watch the attacks after the pair boarded the vehicle in Rio de Janeiro's showcase Copacabana beach neighborhood, police said. The attacks took place over six hours starting shortly after midnight on Saturday.  


By JENNY BARCHFIELD

RIO DE JANEIRO — A late night outing turned into a six-hour-long nightmare after an American woman was gang raped and beaten aboard a public transit van while her handcuffed French boyfriend looked on helplessly, in an incident that's shocked this resort city as it gears up to host next year's World Cup and the 2016 Olympics.

The police response to the attack was swift: The three alleged perpetrators, aged 20 to 22, have all been taken into custody, and investigators are combing databases to determine whether the men might have been behind any other crimes.

Many still ask whether Rio authorities, who have succeeded in cracking down on much of the city's drug violence, are up to the task of protecting the waves of tourists expected to flood the city during the upcoming double-header of mega-events. Some 2 million people are also expected to flock to the city in late July for World Youth Day, a Roman Catholic pilgrimage that Pope Francis is scheduled to attend.

Some observers said the attack came as a particular shock given that safety has improved at least in the city's tourist-friendly, seaside South Zone neighborhoods. Foreigners and moneyed local residents who even three or four years ago would have hesitated to hail a taxi in the street or walk around after dark now do both without thinking twice.

"No one expects to be attacked in Disneyland, handcuffed and roughed up," Globo newspaper quoted Alfredo Lopes, the head of an association representing Brazil's hotel sector. "Copacabana is our Disneyland."

Yet it was in that very beachfront neighborhood, full of senior citizens in bikinis by day but seedier by night, that the two foreigners hailed one of the fleet of public transit vans often used as a speedier alternative to buses. Police investigating the case say the two foreigners, both in their early-20s, were headed shortly after midnight Saturday to Lapa, a popular downtown nightlife hotspot where Rio's youth converges on clubs, bars and samba venues.

But the pair never made it to their destination. A few minutes into their journey, the van operators forced the other passengers off and inflicted on the two foreigners what Alexandre Braga, the police officer leading the investigation, has called a "party of evil."

The three suspects took turns raping the woman and beating the man, whom they handcuffed and sometimes struck with a metal crowbar, Braga told a news conference Tuesday.

The suspects split up the driving, ending up in Rio's sister city of Niteroi across Guanabara Bay, where they went on a spending spree with the foreigners' credit cards. Once they hit the limit on both cards, spending around $500 at gas stations and convenience stores, the suspects drove the pair back to Rio, where the foreigners were staying, and forced the woman to fetch another credit card, Braga said.

Although she was alone, she didn't call the police or alert anyone, Braga said, "because the young man was still under the suspects' control and she feared something even worse might happen to him."

Some six hours after they were kidnapped, the two were dumped by the side of a highway near the city of Itaborai, some 50 kilometers from Rio. They managed to make it to an unidentified country's consulate, where officials took the two to the special police delegation that specializes in crimes against foreigners. The young woman has returned to the U.S., while the man remains in Rio to help with the investigations, Braga said.

"The victims recognized the three without a shadow of a doubt," Braga said. The men's mug shots were also recognized by another woman who said she'd been raped by the three under similar circumstances last month. Another foreigner has said she'd been robbed by one of the three suspects, police said.

Two of the suspects have confessed to Saturday's attack, while the third denies any responsibility.

"They do not show any repentance," Braga said. "They are quite indifferent, cold."

He said the men appeared to work as legitimate van operators, with crime an occasional side venture. Though they apparently were authorized to transport passengers in Niteroi and neighboring Sao Goncalo, the suspects were not allowed to operate the van in Rio, he said.

The suspects had rented the van, which seats about a dozen people and has dark tinted windows, from the vehicle's owner, who police say is not suspected of any involvement in the crime.

Rio's van services are widely reviled for their precarious safety conditions and reckless driving, as well as their links to organized crime. Some vans are run by militias largely composed of former police and firemen who control large swaths of the city's slums and run clandestine transportation and other services. In general, tourists avoid the vans and opt for regular buses or taxis.

Sexual assaults remain a problem on public transit. Last year, a woman was raped on a moving bus in broad daylight in a widely publicized case, and the Rio subway has special women-only cars to help prevent such attacks.

Still, Brazilian officials emphasized Rio is not particularly prone to such attacks.

"I think sexual violence is something that can happen anywhere," said Aparecida Goncalves, Brazil's national secretary for violence against women. "I don't think that the city of Rio is more dangerous than others."

"Now we have more ways of denouncing them," she said, "of talking about and taking the necessary measures so those responsible are punished and imprisoned."

Walter Maierovitch, Brazil's former drug czar and an organized crime expert, said that with crime down overall, one of the city's main challenges will be making sure visitors remain vigilant and aware of basic safety precautions.

"There has been a lot of improvement in Rio but there is still a lot more to be done in terms of security, mainly more preventive actions, alerting tourists both foreign and domestic of the precautions they should take, neighborhoods to avoid," he said.

He added that Saturday's attack "was a setback, but in terms of image and security I don't think it is a major or long-lasting one that will scare tourists away from Rio."

Australian visitors Emma Richardson and Jason Sestic said they have been taking extraordinary precautions throughout their weeklong stay in Rio.

"We've stayed well away from Copacabana and the beach areas at night because of Lonely Planet," said Sestic, referring to the famous backpackers' guidebook. The 35-year-old, who works in construction, added, "I'm a pretty paranoid person in general and I've heard enough stories about here to be really paranoid."


European Union countries see unemployment at record 12 percent 

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Spain and Greece have mass unemployment and many other countries are seeing their numbers swell. 




European Union jobless


Workers from the bus factory of Portuguese automakers group Salvador Caetano, protest at the factory gates against the temporary suspension of work covering 98 workers for a period of six months on Tuesday in Vila Nova de Gaia, Portugal. Official figures Tuesday showed that unemployment across the 17 European Union countries that use the euro has struck 12 percent for the first time since the currency was launched in 1999.





 

LONDON – The eurozone economy has passed another bleak milestone.

Official figures Tuesday showed that unemployment across the 17 European Union countries that use the euro has struck 12 percent for the first time since the currency was launched in 1999.

Eurostat, the EU’s statistics office, said the rate in February was unchanged at the record high after January’s figure was revised up to 12 percent from 11.9 percent.

Spain and Greece have mass unemployment and many other countries are seeing their numbers swell to uncomfortably high levels as governments across the region enact tough austerity measures to get a handle on their debts.

The eurozone, which is made up of a little more than 330 million people, is one of the world’s major economic pillars and the turmoil surrounding it has been one of the main reasons why the global recovery has been muted.

A total of 19.07 million people were officially out of work in the eurozone in February, nearly two million more than the same month the year before. For the 27-country European Union, of which the eurozone is a large part, the unemployment rate was 10.9 percent.

“Such unacceptably high levels of unemployment are a tragedy for Europe and a signal of how serious a crisis some eurozone countries are now in,” said EU Employment Commissioner Laszlo Andor.

Even though the eurozone has achieved another disappointing record, for the positively-inclined there was some comfort to be found.

The 33,000 increase in the number of unemployed in February was the smallest monthly rise since April 2011 and way down on the 222,000 recorded in January. And Germany, Europe’s biggest economy, has an unemployment rate of only 5.4 percent. That’s even better than the U.S. rate of 7.7 percent.

However, the February figures came before the recent Cyprus crisis.

The worry in the markets is that the chaos surrounding the country’s bailout has reignited concerns over the euro and may have further dented confidence across the eurozone – a backdrop that’s hardly conducive to job creation, economic recovery and stability across the eurozone.

“The economic and social consequences of high unemployment continue to represent one of the most significant threats to the future of the eurozone,” said Marie Diron, senior economic adviser at Ernst & Young.

It’s certainly a real threat to the immediate future of Cyprus.

Unemployment on the east Mediterranean island nation of barely a million people is expected to ratchet higher over the months ahead as the economy contracts sharply.

Many economists are forecasting that the Cypriot economy will shrink 10 percent this year alone and see unemployment rise up to Greek and Spanish levels. In February, Cyprus’ unemployment stood at 14 percent, compared to Spain’s 26.3 percent.

Greece, which is in its sixth year of a savage recession, had an unemployment rate of 26.4 percent in December. Its figures are compiled on a different timeframe and the actual rate in February will probably be even higher.

Prior to the Cypriot crisis, there were signs that Europe’s debt crisis had calmed. Stock and bond markets had risen for nearly six months, boosting confidence in countries’ ability to finance themselves.

But while markets have improved, the eurozone economy has sunk back into recession as many governments in the region enacted big spending cuts and tax increases. Some countries, such as Greece and Portugal, are doing so as part of their international bailouts after they lost the confidence of bond investors, while others such as Spain and Italy, are pursuing tough budget policies to avoid suffering the same fate.

The eurozone’s economy is forecast to contract by 0.3 percent in 2013, according to the European Commission, the executive arm of the EU. Official first-quarter gross domestic product figures for the eurozone and EU are due to be released next month.

A closely watched survey released Tuesday indicated that the recession is likely to have continued in the first quarter. The monthly purchasing managers’ index for the manufacturing sector – a gauge of business activity published by financial information company Markit – fell to a 3-month low.

Though the PMI was not as bad as first estimated a couple of weeks back, it fell to 46.8 points in March from 47.9 in February. Anything below 50 indicates an economic contraction.

The worry in the PMI survey was that manufacturing activity weakened across the eurozone, including Germany, Europe’s export powerhouse.

“While in some respects it is reassuring to see that the events in Cyprus did not cause an immediate impact on business activity, with the final survey results even coming in slightly higher than the flash estimate, the concern is that the latest chapter in the region’s crisis will have hit demand further in April,” said Chris Williamson, chief economist at Markit.

Daniel Conley, Suffolk District Attorney, plans Boston mayoral run 

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Conley is expect to formally announce his candidacy Wednesday 





Menino, Conley


Boston Mayor Thomas Menino smiles during applause at Faneuil Hall in Boston on March 28, 2013, where he announced he would not seek an unprecedented sixth term.





 
BOSTON – Suffolk District Attorney Daniel Conley planned to announce his candidacy for mayor of Boston.

An individual with direct knowledge of Conley’s decision told The Associated Press on Tuesday that Conley plans to formally make the announcement Wednesday and will issue a press release confirming his decision.

The person spoke on condition of anonymity because the person was not authorized to speak publicly.

Conley’s decision comes a week after longtime Boston Mayor Thomas Menino announced he would not seek an unprecedented sixth term in office.

Menino’s decision was expected to trigger a political stampede of would-be successors.

City Councilor John Connolly had formally declared his candidacy before Menino made the surprise announcement last week. Other potential candidates said to be eyeing the seat include state Rep. Martin Walsh and City Councilor Felix Arroyo.

As district attorney, Conley is the chief law enforcement officer for the cities of Boston, Chelsea, Revere and Winthrop. He was appointed to the office in February of 2002 and was elected in his own right later that year and again in 2006.

According to his official website, Conley’s office is responsible for the prosecution of 40,000 to 50,000 criminal cases every year in what is Massachusetts’ most densely-populated county.

Before becoming district attorney, Conley served eight years on the Boston City Council and nine years as an assistant district attorney and was named to Massachusetts’ first anti-gang violence task force.

Menino promised not to take sides in the race to succeed him, but was ready with some advice last week.

“I just think if you’re going to be the mayor of Boston you have to be mayor of the neighborhoods, understand the neighborhoods, understand what’s going on out there,” Menino told reporters after announcing his decision not to run again.

The city, known for its bare-knuckled politics, has had only three mayors in the last 45 years. The election to succeed Menino will be the first in three decades without an incumbent on the ballot.

The 70-year-old Menino has had persistent health problems including a six-week hospital stay last year to treat a respiratory infection and a compression fracture in his spine. Menino also was diagnosed with Type 2 diabetes.


Yesterday's top stories: Worcester police looking for teen believed to be runaway, Westfield police arrest Raymond Boissonault in downtown shooting, and more

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Witnesses to a Pine Point neighborhood shooting that sent a woman to Baystate Medical Center for treatment of bullet wound to her thigh night gave police information that quickly led to the arrests of two suspects, police said.

Gallery preview

These were the most read stories on MassLive.com yesterday. If you missed any of them, click on the links below to read them now. The most read item overall was Cameron McDonough's "8 Western Massachusetts lacrosse players to watch," at right.

1) Worcester police looking for 15-year-old girl they believe ran away [Kevin Koczwara]

2) Westfield police arrest Raymond Boissonault in connection with downtown shooting; assault 'not random', police say [Greg Saulmon]

3) Springfield police arrest Tarell Dewberry, 26, and Jacques Toles, 22, following Pine Point neighborhood shooting [George Graham]

4) Eagle Eyes Cuevas found to be sexually dangerous person by Hampden Superior Court jury [Buffy Spencer]

5) East Longmeadow police: Cash and jewelry taken during daytime break-in to Pleasant Street home [George Graham]

Nonprofit Quaboag Valley Businesss Assistance Corp. offering online loan-eligibility survey

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Any small business in the Quaboag Valley that might need a loan can go to www.qvcdc.com to take a survey, which will determine if that business is eligible for loan assistance, according to Susan Trudeau, QVBAC's program coordinator.

WARE — In an effort to research the financial needs of the Quaboag Valley's small-business community, the Quaboag Valley Business Assistance Corp. wants local business owners to take an online loan-eligibility survey.

Any small business that might need a loan within the next two years can go to www.qvcdc.com to take the survey, which will determine if that business is eligible for loan assistance, according to Susan Trudeau, QVBAC's program coordinator.

Since 1995, the member-based, nonprofit organization serving the 15 towns of the Quaboag region has been granting small business loans ranging from $500 to $100,000. Now, the organization is looking to the future in an effort to help small businesses that cannot obtain bank financing, Trudeau said. The questionnaire is only being used for informational purposes and will assist the organization in seeking additional loan capital, she said.

Survey participants are eligible to win a $75 Amazon gift card. Additional information about the survey or loan program is available on the group's website or by calling (413) 967-3001.

The QVBAC, a partner of the Quaboag Valley Community Development Corp., serves businesses in the towns of Belchertown, Brimfield, Brookfield, East Brookfield, Hardwick, Holland, Monson, New Braintree, North Brookfield, Palmer, Spencer, Wales, Ware, Warren and West Brookfield.

Michael McCarthy Berkshire County judicial nomination declared closed by Gov. Deval Patrick

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Councilor Michael Albano, a Springfield Democrat whose district includes the Southern Berkshire District Court, and Councilor Robert Jubinville – both new to the council in January – spurred the effort to revive McCarthy’s judicial bid.

By COLLEEN QUINN

BOSTON — A judicial nominee who persisted in his quest for a seat on the district court in Berkshire County despite twice failing to win confirmation from the Governor’s Council has officially lost his bid for the bench.

Gov. Deval Patrick wrote a letter Tuesday to all members of the Governor’s Council informing them that the council “has not duly consented” to the appointment of attorney Michael McCarthy for a seat on the Southern Berkshire District Court.

Councilor Michael Albano, a Springfield Democrat whose district includes the Southern Berkshire District Court, and Councilor Robert Jubinville – both new to the council in January – spurred the effort to revive McCarthy’s judicial bid.

McCarthy took the oath of office, without the governor’s knowledge, in case the eventual decision came down in his favor, calling it a “procedural step.” He said he took the oath because he feared while his bid to revive his nomination played out he would miss a 90-day deadline to be sworn in.

The move caused a fury among some council members, with Councilor Marilyn Devaney calling for an investigation into McCarthy’s actions. She also criticized the maneuvers of the two council members who advocated on his behalf.

In light of the oath-taking, Secretary of State William Galvin asked Patrick whether he intended to issue a judicial commission.

The Patrick administration was waiting for a report from his chief legal counsel about the validity of an argument from the two councilors that McCarthy actually won approval last year when former Councilor Mary-Ellen Manning attempted to change her vote from abstaining to favorable 21 days after the initial vote.

In his letter to councilors, Patrick said a “dangerous precedent” would be set by allowing councilors to change their votes after a meeting adjourned.

The legal analysis concluded the council can only vote on a judicial nominee during formal meeting; only the governor can determine when a vote is before the council and only those council votes included in the record prior to adjournment of the meeting shall have legal force.

“The October 17, 2012 letter of former Councilor Mary Ellen Manning, written three weeks after the vote and purporting to change her previous abstention to a vote in favor, has no effect,” Patrick wrote.

“At this point, I consider the matter closed,” the governor wrote.

Albano told the News Service he does not agree with the legal opinion because there have been at least four occasions in the past where “advice and consent” was recorded outside of the public session. “It has been done on several occasions in the past,” he said.

Albano said he was “very disappointed,” and added “my sense is this is not the final chapter.”

“I am very disappointed for Attorney McCarthy and disappointed for the citizens of Berkshire County,” he said.

McCarthy initially failed to win nomination the first time last September in a 3-3 tie vote with Manning abstaining. Lt. Gov. Timothy Murray, who chairs the meeting and normally breaks a tie, was on a trade trip to Germany.

Manning’s change of heart was dismissed by the council and the Patrick administration, with Murray saying it was his view councilors could not change their votes after a formal meeting.

Patrick re-nominated McCarthy in January, hoping a reconstituted council with four new members would confirm him. The council voted against him 5 to 3 with members saying they were concerned about comments he made during his first hearing suggesting he would “hint” to inexperienced prosecutors failing to make their case.

Devaney said Tuesday afternoon she was happy the governor closed the matter. “For me, this is something that I don’t think any of the councilors will ever forget – the two councilors worked with Michael McCarthy and advised him he could be sworn in,” she said.


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