Police were looking for a dark-colored, mid-sized sedan with front end damage and reviewing video from cameras installed in the tunnels.

Leading The Road Race

BOSTON – State police reported Tuesday that a trooper on the lookout for speeders was struck and seriously injured by a vehicle he was trying to pull over.

A department spokesman said the trooper was outside his cruiser when he was struck just after 9 a.m. Tuesday on a ramp to the Massachusetts Turnpike eastbound in Boston by a vehicle that fled the scene. The ramp was closed for about an hour.

He was taken to an area hospital with leg injuries. His name was not immediately released.

Police are looking for a dark-colored, mid-sized sedan with front end damage and reviewing video from cameras installed in the tunnels.

They are also looking for two other vehicles that may have witnessed the crash.

This is the latest in a series of incidents in which state troopers have been hit while patrolling Massachusetts roadways.

DiMasi, Richard Vitale and associate Richard McDonough are charged with scheming to funnel kickbacks to DiMasi in exchange for using the speaker’s clout to help steer two state contracts worth a combined $17.5 million to the software company Cognos.

This is an updated version of a story posted at 9:53 this morning.

File photo / Associated PressFormer Massachusetts House Speaker Salvatore DiMasi leaves federal court in Boston where he pleaded not guilty to federal corruption charges in 2009.

BOSTON – A former business partner of software salesman Joseph Lally said he was “chastised” by Lally for using former House Speaker Salvatore DiMasi’s name in an email.

Bruce Major testified in DiMasi’s federal corruption trial Tuesday that he suspected DiMasi was receiving some of the money Major and Lally were paying to DiMasi associate Richard Vitale.

Major said when he tried to talk to Lally about his suspicions, Lally yelled at him.

DiMasi, Vitale and associate Richard McDonough are charged with scheming to funnel kickbacks to DiMasi in exchange for using the speaker’s clout to help steer two state contracts worth a combined $17.5 million to the software company Cognos.

Lally was also charged, but pleaded guilty before the trial started.

Major also testified that he considered Lally to be dishonest.

The trial was scheduled to continue Monday afternoon in Boston.

More details coming on MassLive and in The Republican.

The state Transportation Department drew fire for not immediately notifying the public when a 110-pound light fixture fell from a tunnel ceiling earlier this year.

An interior view of the Ted Williams tunnel in 2006.

BOSTON – A 2-foot-by-2-foot piece of lightweight fireproofing material fell from the ceiling of a Big Dig tunnel last month while the highway was closed during an inspection, but transportation officials say the incident does not pose a danger.

The foam fell onto the Interstate 90 eastbound connector tunnel April 28 at about 1 a.m. while the road was closed. Officials say it weighed less than a pound and may have been jarred loose by inspectors.

The state Transportation Department drew fire for not immediately notifying the governor’s office and the public when a 110-pound light fixture fell from a tunnel ceiling in February.

A department spokesman told the Boston Herald that in the case of the foam, proper notifications were made immediately.

The $15 billion Big Dig has been plagued by problems.

Singer-songwriter Bob Dylan turns 70 today.

• Gov. Deval Patrick bands bald eagle chicks at Quabbin Reservoir [Boston.com]


AP file photoIn this file photo taken Feb. 28, 2011, a new 2011 Chrysler 200 is on display at a dealership in Burlingame, Calif.
• Chrysler pays off $7.6 billion loan from government [CNN.com]


• Legendary singer-songwriter Bob Dylan turns 70 [VancouverSun.com]


• Maine man's estate donates $1 million to hospital [NECN.com]


• Former Egyptian president Hosni Mubarak to go on trial for killing protestors [NYTimes.com]


AP file photoFormer Egyptian president Hosni Mubarak.
• Twitter posts tagged #westernma in Western Mass. [MassLive.com]


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Darby O’Brien and Luke Gelinas argued their complaint against the school system before Judge C. Brian McDonald last July.

Dave Roback | The Republican05.24.2011 | SOUTH HADLEY - Darby O'Brien, left, and Luke Gelinas hold a press conference Tuesday afternoon.

SOUTH HADLEY – Fresh from a victory in court, the plaintiffs in a suit against the South Hadley School Committee called for the resignations Tuesday of School Superintendent Gus A. Sayer and all the committee members who took part in what a judge has ruled illegal meetings.

Darby O’Brien and Luke Gelinas argued their complaint against the school system before Judge C. Brian McDonald last July. On Monday, McDonald issued a ruling that five executive sessions called to discuss Sayer’s performance and employment status violated the state’s open meeting law. McDonald also ruled that Sayer’s three-percent pay increase, which was approved at one of those meeting, is invalid.

At a press conference on the Town Common, Gelinas and O’Brien said the judge’s ruling has affirmed their long-time complaints about Sayer and the school system in South Hadley. They also blamed school officials for allowing a culture of bullying at the high school that led to the death of 15-year-old freshman Phoebe Prince in January of 2010.

“We had a problem with bullying long before Phoebe Prince came to us,” said Gelinas.

In a statement, Gelinas cited former Northwestern District Attorney Elizabeth D. Scheibel’s conclusion that the behavior of school officials regarding the Prince incident was “troublesome.” McDonald, Gelinas noted, used words like “shameful” and “misleading” to describe the School Committee’s conduct.

“It now seems clear there was a conspiracy here,” Gelinas said. “It was done at the expense of our children, our schools, the town and a grieving mother and sister who lost their beloved child. It’s time for the good people of South Hadley to stand up and stop ignoring the facts and realize the schools and the government belong to them.”

Prince’s suicide drew hoards of media from around the world to South Hadley. McDonald noted in his ruling that the town’s actions were under intense scrutiny in the months following Prince’s death. It was in this context, he wrote, that the School Committee misled the public by stating that they were going into executive session to negotiate a contract. Instead, McDonald wrote, Sayer’s extension was a done deal and the discussion about his job performance should have taken place in open session so the public could participate.

O’Brien said he and Gelinas plan to ask new School Committee member Barry Waite at Wednesday night’s meeting to call for the resignations of all the members who took part in the illegal sessions. “It’s a culture,” he said. “Until Gus Sayer is gone and the School Committee members address the problem it will never change.”

In his ruling, McDonald declined to call for a further investigation, leaving that task to the plaintiffs. O’Brien said he and Gelinas plan to meet with new Northwestern District Attorney David A. Sullivan.

Town Counsel Edward J. Ryan, Jr. said Tuesday he is still analyzing McDonald’s ruling but does not anticipate appealing it.

“The School Committee will go forward and try to avoid falling into the same pit in the future,” he said.

Ryan estimated that Sayer has has been collecting his pay increase for nearly a year. He said the School Committee has the options of ratifying the hike again or asking Sayer for the money back.

Sayer could not be reached for comment Tuesday.

Gelinas also has a complaint pending in U.S. District Court contending that former School Committee chairman Edward Boisselle violated his civil rights when he ejected him from a meeting as Gelinas tried to voice some of his concerns about town officials. Boisselle could not be reached for comment.

Many builders were already building close to that energy-efficient standard.l.

Granby Town Hall, winter 2011

GRANBY – With the approval of two environmentally friendly measures at the recent Town Meeting, Granby is on the way to becoming a so called 'green community.'

Town Administrator Christopher Martin said the application will be complete and in the hands of the state’s Department of Energy Resources by the June 10 deadline.

The green communities program in Massachusetts, passed into law in 2008, is designed to reduce waste and promote renewable and “clean” energy.

A town must fulfill five requirements to become a green community, eligible for certain energy-related grants.

The two pertinent measures in Town Meeting concerned zoning and building. In one case, Granby voted to open its industrial district to businesses involved in energy-saving research and manufacture.

Also on the warrant was the “stretch energy code,” a set of “green” rules for building and renovation. Some towns have decided the code is too strict and balked at the extra cost.

Granby passed the measure by a narrow vote. “I think it’s a good move on the part of the town,” said Martin.

“Many builders were already building close to that energy-efficient standard,” said selectman Mark Bail.

“There will be an upfront cost,” said selectman Mary McDowell, “but the money will come back to us.” Emre Evren, former chair of the Planning Committee, said the code has been shown to pay for itself in one year.

Besides, said Martin, regulations will probably get tougher next time the state issues a new building code. “By accepting it now, we will be able to get our Green Community certification, which opens up grant money to us.”

In 2009, the state distributed about $11 million in grants for green projects.

There are three other requirements. One concerns fuel-efficient vehicles. The town has agreed that, when the time comes to replace its current municipal vehicles, it will purchase fuel-efficient versions that abide by the miles-per-gallon standards set by the state.

The rule does not extend to such vehicles as school buses or fire trucks, but would apply to – for example – the car used by the Senior Center.

Another requirement is a five-year plan for reducing energy consumption by 20 percent. “We have entered in all our data to create an energy baseline which will tell us what our current energy use is,” Martin said.

The town is being aided in this computation by Siemens consultants, hired for the purpose by the Pioneer Valley Planning Council.

Finally, the town has to agree to streamline the permitting process for energy-related businesses so that the permits are issued within one year.

Martin’s letter approving the move was being checked by town counsel Edward Ryan even as he spoke.

Granby received a grant of 100 hours from the Pioneer Valley Planning Commission for the green communities project.

Obituaries from The Republican

Carl F. Pelczarski

Carl F. Pelczarski, 91, of Holyoke, died Monday May 23. He was born in Chicopee to the late Frank and Bertha (Frodyma) Pelczarski. He served in the Army during WWII and was stationed in Germany and France. He was employed by the former Moore Drop Forge as a General Foreman for 43 years, retiring in 1982. He was a parishioner of St. Stanislaus Basilica and was married to his wife, Rita, for 66 years.

Obituaries from The Republican:

• 
  Alpine, Isabel A. (Doran)




• 
  Becker, Harold
  



• 
  Bertera, Margaret A. (Smith)
  




• Champagne, Steven D.
  




• 
  Clark, Sylvia
  



• 
  Ferrendino, Joseph A.




• 
  Field, William F.
  



• 
  Mastroyin, Steven J.
  




• Muller Jr., Albin "Big Al"
  




• 
  Pelczarski, Carl F.
  



• 
  Pratt, Marion Elizabeth (Ross)




• 
  Samson, Anne
  



• 
  Toner III, Dr. Cornelius A. "Neil"
  




• Zurawski, Patricia M.
  

A senior Palestinian official immediately rejected Netanyahu's peace outline as a "declaration of war."

Associated PressIsraeli Prime Minister Benjamin Netanyahu responds to the applause after he addressed a joint meeting of Congress on Capitol Hill in Washington, Tuesday, May 24, 2011. Vice President Joe Biden, left, and House Speaker John Boehner of Ohio, right, listen.

WASHINGTON — Israeli Prime Minister Benjamin Netanyahu told the U.S. Congress on Tuesday that he was willing to make "painful compromises" for peace with the Palestinians, for the first time explicitly saying some West Bank settlements would find themselves outside Israel's final borders.

But he tacked on a list of oft-stated conditions that have been unacceptable to the Palestinians. A senior Palestinian official immediately rejected Netanyahu's peace outline as a "declaration of war."

Speaking before a warmly receptive joint meeting of Congress that showered him with more than two dozen sustained standing ovations, Netanyahu said Israel wants and needs peace but repeated his flat rejection of a return to what he called the "indefensible" borders that Israel had before the 1967 Mideast war.

He also restated Israel's refusal to repatriate millions of Palestinian refugees and their families to homes in Israel that they lost in fighting over the Jewish state's 1948 creation.

Netanyahu maintained anew that contested Jerusalem could not be shared with the Palestinians, who want the eastern sector of the holy city as capital of their hoped-for state. And he insisted that Israel maintain a long-term military presence on what would be the eastern border of a Palestinian state.

"Israel will never give up its quest for peace," Netanyahu said, adding that he is "willing to make painful compromises to achieve this historic peace."

But he that said Israel would not negotiate with terrorists and urged Palestinian President Mahmoud Abbas to rip up a power-sharing agreement that his moderate Fatah faction has signed with the militant group Hamas, which does not recognize Israel's right to exist.

In the West Bank, Nabil Shaath, a senior Palestinian official, called Netanyahu's speech "a declaration of war against the Palestinians."

"This is an escalation and unfortunately, it received a standing ovation," he said, noting that Netanyahu had rejected all key Palestinian demands on key issues like future borders, the competing claims of Jersualem and the fate of refugees.

Israel, which enjoys strong bipartisan backing in Congress, has been rattled by President Barack Obama's support for drawing the future borders of a Palestinian state and a Jewish state on the basis of Israel's pre-1967 war frontiers.

Netanyahu had repeatedly challenged the president's position, ignoring Obama's assertion that the territorial markers could be adjusted through mutually agreed land swaps. The Palestinians accept that principle, which would allow Israel to retain major West Bank settlement blocs and help to assure its security.

In his speech before Congress, Netanyahu backed off from his dispute with Obama, acknowledging that the president has not called for a return to the exact borders Israel held before capturing east Jerusalem, the West Bank and Gaza Strip in the 1967 Mideast war.

Obama had, in large part, staked his reputation in the Muslim world on finding solution to the Arab-Israeli conflict. But he has not been able to draw Israelis and Palestinians back to the bargaining table for sustained talks, and the Palestinians are refusing to come back as long as Israeli settlement construction continues on lands they want for a future state.

In lieu of negotiations, the Palestinians are campaigning to obtain U.N. recognition of Palestinian statehood when the General Assembly meets in September. Such recognition wouldn't hand them a state in practice, but it would make things even tougher for Israel internationally.

The U.S. also opposes a unilateral declaration of Palestinian statehood and is holding out for a negotiated compromise.

Netanyahu congratulated the United States for killing al Qaida leader Osama bin Laden, wishing him "good riddance," and dismissed early shouts from an anti-Israel protester as evidence that freedom of speech is alive and well in the United States and is respected in both countries.

Banding the chicks at Quabbin, 1 of 34 bald eagle breeding sites across Massachusetts, is part of the state's bald eagle restoration program. Watch video

BELCHERTOWN – Gov. Deval Patrick, along with state environmental officials, on Tuesday banded bald eagle chicks at the Quabbin Reservoir – one of 34 bald eagle breeding sites across the state – as part of Massachusetts' successful bald eagle restoration program.

"I applaud our partners involved in wildlife protection and research efforts that have helped the bald eagle return to prominence in Massachusetts,” Patrick said. "It’s great to see the bald eagle making such a strong, steady resurgence here."

The bald eagle restoration program, which includes this banding project, is a joint effort of the Department of Fish and Game’s (DFG) Division of Fisheries and Wildlife (MassWildlife), the Department of Conservation and Recreation (DCR), the U.S. Fish and Wildlife Service (USFW) and private partners.

“The protection of habitat in and around coastal and inland waterways where these birds nest has contributed to the species’ recovery,” said Energy and Environmental Affairs Secretary Richard K. Sullivan Jr. “Under the governor’s leadership, the commonwealth has conserved more than 75,000 acres of land in the past four years, safeguarding open space where species such as the bald eagle can continue to thrive.”

A victim of habitat loss and reproductive failure linked to exposure to pesticides such as DDT, bald eagle populations plummeted across the country by the time they were placed on the U.S. Endangered Species List in 1973. Their numbers have since rebounded and the U.S. Fish and Wildlife Service (USFW) removed them from the federal endangered list in July 2007. In January of this year, an annual one-day survey of wintering bald eagles conducted statewide yielded a record count of 107 eagles, up from eight birds counted in 1980.

Listed as endangered in Massachusetts since the 1980s, bald eagles remain on the state list but are gaining ground in the Commonwealth thanks in large part to a restoration project begun in 1982. MassWildlife and its partners brought young eagles from Canada and Michigan and raised them in cages overlooking the Quabbin Reservoir using a wildlife management practice known as "hacking." After fledging, some hacked eagles established breeding territories at the reservoir. In 1989, eight decades after the last historic bald eagle nest was observed in Massachusetts, the first three chicks fledged from two Quabbin nests. Nine bald eagle pairs nested there in 2010. Statewide, the number of birds surveyed has trended upward from eight birds counted in 1980 to 107 birds counted in 2011 during one-day surveys. There were 72 birds spotted in 2010 and 81 birds in 2009.

In 2010, 34 bald eagle pairs established breeding territories across the state at locations such as the Quabbin Reservoir, the Connecticut and Merrimack Rivers, and areas in Plymouth, Berkshire and Worcester Counties. In 2010, 25 nests produced chicks statewide and 39 young eagles survived to fledge.

Banding young eagles is an important tool for measuring the success of restoration programs – allowing scientists to gather information about survival rates, how far birds disperse when they leave the nest, habitat preferences and possible causes of death. MassWildlife bands all bald eagles hatched in the Commonwealth each year.

“It’s great to see the bald eagle making a comeback,” said DFG Commissioner Mary Griffin. “Banding is a successful wildlife management tool that informs decisions about habitat protection and helps us to track population trends.”

Eagle restoration efforts have been funded over the years by a combination of public and private sources including DFG, USFW, MassWildlife's Natural Heritage and Endangered Species Fund, the Massachusetts Audubon Society, National Grid and the former Bank of Boston.

Bald Eagle (Haliaeetus Leucocephalus Fact Sheet

Neither Demaris Sanchez or Alexandro Guevara will admit they hurt her two small children.

The Republican | Michael S. GordonDemaris Sanchez in Hampden Superior Court Tuesday.

SPRINGFIELD – A homeless mother and her boyfriend, accused of severely beating her two small children when staying at a motel in Westfield on public assistance, were each sentenced Tuesday to 2½ years in jail.

Each admitted guilt in permitting the children to be hurt but each said the other one caused the injuries, which were life-threatening for the then-2-year-old child.

Assistant District Attorney Patrick S. Sabbs said Demaris Sanchez, the 27-year-old mother, still claims her boyfriend Alexandro Guevara hurt the children.

Sabbs said Guevara claims Sanchez hurt the children. Neither was going to testify against the other if the cases went to trial, he said, citing factors that led to the plea agreement.

Sabbs said the two children, a now 3-year-old boy and a 2-year-old girl, appear to be healthy and are living in Puerto Rico with relatives.

The state Department of Children and Families has had custody since January 2010 and a procedure to terminate Sanchez’ parental rights is scheduled by the state.

When Sanchez brought then-2-year-old Jayden Lopez to Baystate Medical Center on Jan. 13, 2010, doctors found he had internal bleeding and needed immediate surgery.

The Republican | Michael S. GordonAlexandro Guevara in Hampden Superior Court Tuesday

They found the little boy had a laceration of his liver and a bowel perforation, which would have caused a substantial risk of death if untreated.

Sanchez had 11-month-old Jayleen Sanchez with her at the hospital, and when doctors saw bruises on her face and examined her they found she had rib fractures and a slight fracture of her tibia.

Hospital personnel alerted the state Department of Children and Families, who then alerted Westfield police, Sabbs said.

Sabbs told Hampden Superior Court Judge Mary Lou Rup each was allowed to plead guilty to two counts of assault and battery on a child with injury under a provision in the law which said they are guilty because they did not protect the children from harm.

Sabbs said the evidence against Sanchez as “principal actor” in the abuse was stronger than against Guevara but there would have been difficulties in proof if the case went to trial.

He said Guevara “neglected his obligation as a human being to help the mother seek care for these children once they were harmed.”

Each will be on probation for two years after their sentence, Sanchez’ at the Western Massachusetts Regional Women’s Correctional Center in Chicopee and Guevara’s at the Hampden County Correctional Center in Ludlow.

Both have been in jail since their arrests so have 495 days credit toward their incarceration.

At the time of his arrest, Guevara told Westfield police he was homeless, and it appeared he had been staying without authorization in the motel room into which Sanchez had been placed by the state, authorities said.

Sanchez had lived in a room at the EconoLodge Inn for about six months when she and Guevara were arrested.

One veteran Westfield Police investigator described the children then as appearing to have been “punched like they were punching bags.”

Based on the extent of the injuries and the boy’s infection, investigators believe both children were victims of repeated physical abuse over a period of probably two weeks, Westfield detectives said at the time of the arrest.

Joseph A. Franco, Guevara’s lawyer, said his client did not hurt the children but recognizes he had an obligation under the law to take action when the children complained of pain.

State Criminal Offender Records Information data show Sanchez has an arrest record involving drugs and prostitution from April 2004 through September 2006.

Jeffrey S. Weisser, Sanchez’s lawyer, said the situation in the hotel room had spiraled out of control. He said Sanchez has a long history of intravenous drug addiction and because of her arrest has now been clean for a year for the first time in her adult life.

Weisser said Sanchez, a Springfield native with a sixth grade education, will need to do a lot of work to remain drug free when she is released from jail and is on probation.
“I’m fearful for her but hopeful at the same time,” he said.

Rup said it is necessary for the Probation Department to oversee Sanchez when she is released to help her “get away from this horrible drug abuse” that has plagued her through her adult life.

Guevara has a history of arrests for assault and battery in Springfield.

The Republican | Michael S. GordonDemaris Sanchez, left, and Alexandro Guevara, right.

Oil hit nearly $100 per barrel after banks raised their forecasts for crude prices.

File photo / Associated PressA trader leans on a phone post on the floor of the New York Stock Exchange earlier this month. Global stock markets recovered Tuesday, as the Greek government confirmed it was ploughing ahead with more austerity measures and ready to embark on a big privatization program.

NEW YORK – Continued worries about Europe’s lingering debt crisis overshadowed a small rebound in oil prices and pushed stocks slightly lower on Tuesday.

Oil rose nearly $2 to $99.59 per barrel after major banks raised their forecasts for crude prices. Goldman Sachs, J.P. Morgan and Morgan Stanley analysts predicted a rise in global demand would drive oil prices higher later this year. Goldman analysts say oil prices could reach $135 a barrel by the end of 2012.

Stocks swung between gains and losses throughout the day, with Chevron Corp. and other energy companies posting the largest gains. Energy companies in the S&P 500 rose 1.3 percent, the most of the ten industry groups in the index.

The Dow Jones industrial average fell 25.05 points, or 0.2 percent, to close at 12,356.21. The Standard & Poor’s 500 index fell 1.09 point to 1,316.28. The Nasdaq composite fell 12.74, or 0.5 percent, to 2,746.16.

Stocks had been on a tear for the first four months of the year, lifted by stronger earnings reports, an improving job market and other signs of economic recovery. But all three major indexes have lost more than 3.5 percent this month, even as earnings remain strong. Widespread optimism has been shoved aside by a host of concerns, especially the impact of higher oil prices on consumer spending and the risk that Europe’s debt troubles could get worse.

Markets faced more troubling news about Europe on Tuesday, when Greece’s main opposition party said it opposed the government’s latest attempts to reduce debt. The news further dampened hopes that the country might be able to repair its finances enough to get another loan package from the International Monetary Fund.

Ratings agency Moody’s also warned that a restructuring of Greece’s debt would be considered a default. That would cause borrowing costs for other debt-strapped European countries to soar.

Uri Landesman, president of hedge fund manager Platinum Partners, said a Greek default could start a chain reaction affecting larger countries like Spain – the fourth-largest economy in Europe – wreaking havoc on the global economy.

“If you had a Spanish default, there wouldn’t be a single world bank not affected,” Landesman said.

U.S. banks had $187 billion at stake in Spain as of the end of last September, according to the most recent data from the Bank of International Settlements. The amount includes holdings of government debt, derivative contracts and other commitments.

European stocks managed to recover from Monday’s declines, in part because of a reassuring report from Germany that business optimism was holding steady.

Both Germany’s DAX and England’s FTSE 100 ended the day 0.4 percent higher. France’s CAC-40 added 0.3 percent. The euro also rose slightly against the dollar after falling to a two-month low Monday.

The U.S. Commerce Department reported that sales of new homes rose slightly in April, but at a pace far below what would be normal in a healthy housing market. New home sales rose to an annual rate of 323,000 from 300,000 in March.

New homes are unappealing to budget-conscious families because their median price is nearly 31 percent higher than previously-occupied homes. That’s twice the price difference typical of a healthy economy. At their current rate, new-home sales are on track to experience a sixth straight year of declines.

Energy company El Paso Corp. rose 6 percent, the most of any stock in the S&P 500, after saying it plans to split itself into two publicly-traded businesses by the end of this year.

AutoZone Inc. rose 6 percent after the specialty retailer’s earnings jumped 12 percent on strong sales of its Duralast auto parts.

Stanley Black & Decker Inc. fell 2 percent after law firm Goldfarb Branham LLP announced they were investigating the company’s board of directors over questions about CEO compensation.

Medtronic Inc. fell 1 percent after its earnings fell short of forecasts.

Falling shares outpaced rising ones by a small margin on the New York Stock Exchange. Trading volume was 3.6 billion shares.

The School Committee voted 7-0 to have him fill in contingent on successful salary negotiations.

File photo | The RepublicanThe Agawam School Committee voted 7-0 last week to have Assistant Superintendent of Schools William Sapelli, above, fill in for outgoing Superintendent Mary Czajkowski, contingent on successful salary negotiations.

AGAWAM – Assistant School Superintendent William P. Sapelli has been provisionally appointed to serve as interim school superintendent from Aug. 29 through Aug. 27, 2012. He will take over from School Superintendent Mary A. Czajkowski, who is leaving to become superintendent of Barnstable schools.

The School Committee voted 7-0 last week to have him fill in contingent on successful salary negotiations. Sapelli, who has been in his position for the last nine years, is currently paid $112,000 a year. Czajkowski is paid $142,000. annually.

Czajkowski advised the School Committee to have Sapelli fill to give it enough time to do a comprehensive search for her replacement. On Tuesday, she said having him step in will provide stability to a district that is in the process of losing several top administrators.

“He is very familiar with the institutions,” Czajkowski said. “He is well known and respected by the staff.”

In addition, Sapelli said Czajkowski’s initiatives in the district have been his initiatives, too, as they have worked very closely together.

“I want to continue what we have been doing because we have been doing wonderful things,” Sapelli said.

Their biggest project has been to prepare the district for the coming implementation of the state’s common core curriculum in the 2012-2013 academic year.

Sapelli, who was born and brought up in Agawam, has worked in the district for more than 30 years.

The 57-year-old educator was a teacher at the Junior High School from 1978 to 1985, an assistant principal at the middle school from 1985 to 1990, principal of Robinson Park School from 1990 to 2002 and assistant school superintendent from 2002 to the present.

Czjakowski expects her last day of work here will be June 30 as she will take vacation time and attend conferences after that.

As assistant school superintendent, Sapelli has been responsible for the curriculum, professional development, the English Language Learners program, home schooling, working with students who need special accommodations and ensuring the district complies with Title 1, which deals with the low-income population.

The property is owned by Barnes Regional Airport and a new effort is to market it for aviation-related development.

WESTFIELD – More than 100 people were at Whip City Speedway Tuesday, not to race but to look for bargains, show support for track owners or just reminisce.

“I’m broken-hearted and disappointed in this city,” said co-owner David H. Pighetti, as he and his partner Frank L. Ferrara, of East Longmeadow, prepared for an auction of their equipment, tools and everything from chain link fencing to bleachers, all-terrain vehicles to large earth graders and backhoes.

“But I really feel bad for the competitors who must now drive five to six hours to race in New York and Pennsylvania. These are all working people,” he said.

The speedway is located on property owned by Barnes Regional Airport and Pighetti, Ferrara and Pighetti’s wife Lois operated the raceway since 1995.

“It has been a good 16 years but we are getting older,” said Ferrara. “I am upset with the city but not mad,” he said. “We are both retired,” he said of himself and Pighetti. “This means our weekends will now be free,” he said with a grin.

Earlier this year the city and Airport Commission invoked a lease clause to allow marketing the property for aviation-related development.

Gary A. Palmer, owner of New York’s Accord Speedway, came to the auction to show support for Ferrara and Pighetti and maybe leave with some of the heavy equipment.

“I feel terrible,” said Palmer. “Quite a few cars from this track have now come to mine. We tested a car here once and my son raced go-karts here,” said Palmer.

Also at the auction was Lebanon Valley track owner Howard Commander, of New Lebanon, N.Y.

“This never helps,” said Commander of the closing of Whip City. “We try to expand the number of small race tracks. It is hard for small tracks to make money but they are great places for kids to expend their energy and families to share quality time,” he said.

Commander said he would bid on a water wagon and kitchen equipment to help with his new go-kart track at Lebanon Valley.

Joseph R. Dionne, of nearby Old Long Pond Road, was there to reminisce. His three sons either raced or worked at Whip City while growing up. His wife Lorraine was a ticket seller for years at the track.

“Our son Todd was an announcer here,” said Dionne. “It was a family pastime as well on many Saturday nights,” he said.

Frank Kozaczka, of Ludlow, said he is a NASCAR fan and did not frequent Whip City. But he had attended a few races and was at the auction to bid on a golf cart. “It is just for a hobby,” he said of his anticipated purchase.

There were four golf carts and five all-terrain vehicles up for sale among a variety of trucks ranging from pumpers to dump trucks.

The auction was conducted by Aaron Posnik Auctioneers.

Auctioneer Paul W. Scheer said everything, including trailers and buildings on the property, was for sale.

The roof damage was caused by the heavy snowfall this past winter.

File photo / The Republicanhe Mapleshade School in East Longmeadow as seen on Monday. The school will be closed all week because of roof concerns.

EAST LONGMEADOW- Roof repairs at Mapleshade Elementary School should be completed by the end of the school year, said Superintendent of Schools Gordon C. Smith.

Smith said the school's insurance company has given the school up to $300,000 in connected costs associated with the roof damage caused by the heavy snowfall this past winter.

Mapleshade Elementary School's 329 students and 53 staff members were relocated to Memorial School in Wilbraham after a custodian found cracks in the school's cafeteria and gymnasium roofs on Feb. 4.

"I have to say overall it was a seamless transition for our students," said Mapleshade Elementary principal Brenda Houle. She thanked the Hampden-Wilbraham school district for being accommodating through a difficult time.

"We will be happy to be back at Mapleshade, but there are things about Memorial School that we will miss,"she said.

Smith said Diversified Construction, based in Amherst, is working on the roof. The beams that will replace the cracked ones have already been ordered and will be installed by mid-June.

Smith said he hopes to have all of the repairs completed and the classrooms cleaned and stocked with all of the equipment that was moved to Memorial School by July 11.

"It has all gone pretty smoothly so far," he said.

Students who missed six extra days of school due to the closing of the building have already made up four of those school days. Smith said Mapleshade students will end the year on June 24, just two days after the rest of the district.

One project will be sprucing up the Bliss tennis courts.

LONGMEADOW – Schools, parks and the woods along the Connecticut River should look a little cleaner and brighter next month due to the efforts of the Longmeadow Green Up Foundation.

The foundation will be hosting Green Up Day on May 28. They are encouraging volunteers to spend time cleaning along the Connecticut River and at local schools and parks in town.

Michael R. Clark

Organizer Michael Clark said that while budget constraints have made it difficult for the town to deal with non- essential maintenance, it is the residents obligation to keep the town clean.

“If we can get enough people out to clean around the river and the tennis courts and to support our efforts, we can make some serious headway and save the town the expense,” Clark said in a prepared statement.

Last May the foundation held the event for the first time and focused on weeding and cleaning the courtyard at Longmeadow High School and other buildings.

“This is our town and I think that is why it is so important that we do these projects every year, it’s a case of residents taking matters into their own hands and working for the betterment of the community,” said Green Up Chairman and co-founder John Requardt.

This year one of the main projects will be sprucing up the Bliss tennis courts which have not been maintained for several years due to budget cuts.

The Longmeadow Green Up Foundation was established in 2010 by Michael Clark, John Requardt, Marshall Wood, Ethan Requardt, and Derek Harmanali.

Clark said the foundation was created as a community organization with two goals. First to green up Longmeadow, and second, to create a sense of community by bringing people together, he said.

Kennedy said earlier this month that when the new town manager comes on board, she will "walk out."

File photo | The RepublicanFILE | 01.03.2005 – Palmer acting town manager Patricia A. Kennedy has announced her retirement on June 30.

PALMER – Acting Town Manager Patricia A. Kennedy has announced that she will retire on June 30, but said she will also offer her services on a per diem basis for two to three days a week until a new town manager is hired.

Kennedy met with Town Council President Eric A. Duda on Friday to inform him of her decision.

In her letter to the council, she wrote that it has been both a “pleasure and a challenge” to serve as the interim town manager, but said it is now time to pursue other interests and spend more time with her family.

News of her impending retirement is not a surprise. She said earlier this month that when the new town manager comes on board, she will “walk out.” She also did not include her previous position of executive assistant in the fiscal 2012 budget.

Kennedy said she does not want to train another town manager, and said she has been thinking about retiring for a while.

“I just made up my mind. The time is right,” Kennedy said.

Kennedy has been serving in the post since former town manager Matthew S. Streeter was terminated in June over concerns about his job performance. She also served as interim town manager for about four months after Richard L. Fitzgerald was fired in April 2008, and as acting town administrator for more than a year after John A. Griffin left that job in October 2003.

Duda, who said he is sorry to see Kennedy go, said resumes for the town manager position are being accepted until June 30.

Duda said the council will discuss the next steps regarding the town manager search, and whether another interim town manager will need to be appointed, at its next meeting. The next regularly scheduled meeting is June 13.

“I’m sorry to see her leave. Her services without a doubt are really appreciated by me and without a doubt other people in town. She’s done admirably. I think she has been a huge asset to the town. I think the position can be overwhelming, but she has done the best she could,” Duda said.

Kennedy grew up in Palmer and now lives in Belchertown. She said she first started working in the town clerk and tax collector offices 23 years ago, then moved into the selectmen’s office, which became the town manager’s office in 2005 when the form of government changed.

Kennedy said she is sure she will miss the job, but said she also is looking forward to devoting time to her hobbies of gardening and photography.

“This is a change, a different phase in your life. Everyone I talk to that’s retired said they wish they did it earlier,” Kennedy said.

The former Community Music School student, who graduated from Minnechaug Regional High School, has a debut album and MTV deal.

Hampden native Abby Bernstein, a 23-year-old New York City-based singer-songwriter, will open for the Canadian alternative rock band Barenaked Ladies in San Diego on May 25.

HAMPDEN – Abby Bernstein has made the leap from singing at the Community Music School of Springfield to opening for a Canadian alt-rock band in San Diego.

The 23-year-old Hampden native will open for Barenaked Ladies in San Diego on Wednesday.

Now living in New York, the singer-songwriter recently released her debut album “I’m Not Sorry” and signed a deal for her music to be used on MTV.

In a telephone interview, Bernstein said she’s excited about opening for Barenaked Ladies.

“It’s very exciting,” said the former student at the Community Music School, where she began studying voice when she was 10. “(Barenaked Ladies) really influenced me as songwriters.”

She likes the group’s catchy and witty lyrics and the way they turn a phrase.

“Every word has equal amount of meaning,” she said. “I appreciate as a songwriter that there aren’t any throw-away words.”

“I’m Not Sorry” was produced by Adam Blackstone of The Roots, and her debut single, “Spend The Night” is now making the charts at college/indie radio stations. The album track, “This Little Love,” will be featured on an upcoming episode of “Live with Regis and Kelly,” and Bernstein has signed a deal with MTV-VH1-Logo for her music to be used on air.

A graduate of the Broadcast Music Inc. Songwriters Hall of Fame Workshop in New York City, Bernstein received the New Writer Award from the Songwriter’s Hall of Fame last year.

“I’m working hard to get my music out there,” she said. “Creative fields are hard to pursue. It’s one thing to have talent, but you need drive and to know how to network.”

She plans to continue to reach out to people she has met in the music industry and to promote her work.

A 2005 graduate of Minnechaug Regional High School in Wilbraham, Bernstein earned a bachelor’s degree in music and English from Barnard College in New York in 2009.

While in high school, she performed at radio stations and sporting events, and at the Jazz in July summer series at the University of Massachusetts in Amherst with renowned jazz musicians Billy Taylor and Sheila Jordan.

The daughter of Sherry Himmelstein and Kenneth Bernstein, of Hampden, Bernstein said she grew up listening to blues, folk, soul and rock ‘n’ roll by such artists as Joan Baez, Gladys Knight and the Pips, Billie Holiday, Ella Fitzgerald, Joni Mitchell and Aretha Franklin.

Her paternal grandparents were classically trained pianists, and her maternal great-great grandmother was a singer in Russia who lost her voice and immigrated to the U.S. to seek medical treatment.

“I’ve always been singing,” Bernstein said. “I’ve always had this fire inside of me to do that.”

Asked where she would like to be in 10 years, Bernstein said her music will be constantly developing, and that is exciting to her.

She’d like to be able to fill a stadium with people who want to hear her sing, and she would like her listeners to say, “Wow. That’s an emotion I’ve felt.”

Springfield's unemployment rate fell to 11.6 percent, the city's lowest rate since November 2009.

SPRINGFIELD – Springfield’s unemployment rate fell in April to 11.6 percent, down 1.2 percentage points from 12.8 percent in March.

It’s the lowest the city’s unemployment rate has been since it was 11.5 percent in November 2009, said Rena Kottcamp, director of research for the Massachusetts Department of Unemployment Assistance.

There were 7,933 unemployed people in Springfield in April, down from 8,813 a month before.

At 11.6 percent last month, Springfield had the eighth-highest unemployment rate in the state.

Holyoke was the next-highest Western Massachusetts city with 10.2 percent unemployment, down from 11.2 percent in March and 10.7 percent in April 2010, according to unemployment figures released Tuesday by the state Executive Office Of Labor and Workforce Development and the federal Bureau of Labor Statistics.

Springfield, Holyoke and other small cities continue to trail the region as a whole when it comes to recovery, said Robert A. Nakosteen, a professor of economics and statistics at the University of Massachusetts at Amherst’s Isenberg School of Management. Unemployment for the Springfield federal statistical area, which includes most of Hampden County, fell to 8.5 percent in April from 9.4 percent a month earlier and 9.1 percent a year ago.

“There are structural reasons for it that will linger even after the national recovery has taken hold,” Nakosteen said. “A lack of education and job skills in those areas is a big factor.”

The state’s seasonally unadjusted unemployment rate was 7.4 percent in April, down from 8.2 percent in March 2011 and 8.4 percent a year ago. Adjusted for seasonal fluctuations in the economy, the state’s unemployment rate was 7.8 percent in April, down from 8 percent in March.

The national unemployment rate for April was 9 percent.

Nakosteen said those jobless numbers only look good relative to the recession.

“But it really is not good at all,” Nakosteen said. “Creating 200,000 jobs across the country last month made headlines. But in other recoveries it was not unusual to create 300,000 or 400,000 jobs in a month. There is a broad-based economic recovery. But boy is it ever at a snail’s pace.”

The Springfield region added 4,800 jobs from March to April, a 1.7 percent gain, Kottcamp said. Those jobs included seasonal positions such as tourism and construction. But jobs were also added in education and health-care and in trade and transportation. Manufacturing added 900 new jobs in Hampden County last month.

“It feels now like manufacturers are starting to think long-term,” said David C. Gadaire, executive director of CareerPoint in Holyoke. “Last year they were only looking contract to contract.”

Gadaire said the unemployed understandably get discouraged but they must keep looking.

“The only place you don’t want to be is on the sidelines,” he said. “If you are not comfortable getting in the game, come to us, come to FutureWorks in Springfield, and we’ll help you.”

Associated PressIn this April 25, 2011 photo, a "We're Hiring!" sign is shown at Office Depot in Mountain View, Calif. More people sought unemployment benefits last week, the second rise in three weeks, a sign the job market's recovery is slow and uneven.(AP Photo/Paul Sakuma)

Rutkowski repeatedly drove over her husband with a van in the parking lot outside their apartment building in Palmer.

File photo | The RepublicanFILE | 08.18.2004 – Starleen A. Rutkowski, of Palmer is arraigned in Palmer District Court after being arrested in the death of her husband, Richard J. Rutkowski.

BOSTON – The state's highest court on Tuesday ruled that a mentally ill woman from Palmer who repeatedly drove over her husband with a van was wrongly convicted of first-degree murder.

The state Supreme Judicial Court took the unusual step of ruling that Starleen A. Rutkowski is now convicted of second-degree murder, reducing it from first-degree murder. The decision to convict her of second-degree murder means that Rutkowski would be eligible for parole after serving 15 years instead of serving a life sentence with no possibility of parole.

The decision said that Hampden Superior Court Judge Peter A. Velis erred while presiding at the trial of Rutkowski, who is currently incarcerated at a state prison in Framingham. Rutkowski was found guilty of first degree murder on the theory of extreme atrocity or cruelty for the killing of her husband.

Velis should have instructed jurors that they could examine if Rutkowski's mental illness was the reason for the manner in which she killed her husband, Richard Rutkowski. The murder occurred on Aug. 17, 2004 in the parking lot outside their apartment building in Palmer.

Francis Spina

"It should have been made clear to the jury that they could consider evidence of mental impairment on the specific question whether the murder was committed with extreme atrocity or cruelty," said the decision, written by Judge Francis X. Spina.

Citing a past court decision, Spina wrote that jurors should have been instructed that they "may consider what effect, if any, the defendant's impaired capacity had on her ability to appreciate the consequences of her choices." The woman's mental illness needed to be weighed in judging factors associated with extreme atrocity or cruelty, he wrote.

"We think that where evidence of the defendant's mental impairment is significant and where it is a critical aspect of her defense, the failure to instruct the jury that they could consider evidence of that impairment on the question of extreme atrocity or cruelty effectively removed what may have been her only viable defense to the question of extreme atrocity or cruelty," Spina wrote.

Rutkowski's lawyer on appeal, Stewart T. Graham Jr. of Hampden, said he was pleased the court reduced the conviction, but he continues to believe that she was not criminally responsible. Rutkowski, who was 47 when she was sentenced, had sought a reduction of the conviction or a new trial.

Her lawyer had argued during the jury trial in Hampden Superior Court in 2006 that Rutkowski was innocent by reason of insanity.

Graham said it is rare for the court to reduce or overturn a first-degree murder conviction. "When you get one, it's a win," he said.

Graham said he believed that Hampden County prosecutors would be satisfied with second-degree murder and would not seek to hold another trial for Rutkowski.

The court sent the case back to Hampden Superior Court. The court said Hampden District Attorney Mark G. Mastroianni could seek a new trial on the theory of extreme atrocity or cruelty. Absent that, Rutkowski would need to be re-sentenced on a conviction of second-degree murder, the court said. Mastroianni could not be reached for comment.

The decision said that Starleen Rutkowski and her 50-year-old husband became embroiled in a dispute during a fishing trip at a lake in Wales. She became upset when he walked away and disappeared without telling her, the decision said. Her husband also had a long history of mental illness and other problems, the decision said.

Back at their apartment in Palmer, she called him "retarded," and she told him he would no longer need his personal belongings because "he was going to be dead very soon," the decision said.

After arguing in the parking lot of their apartment building, Starleen Rutkowski drove away in a minivan. She returned in the van, drove over her husband, then backed over him, in a maneuver repeated about five times, the decision said.

Police arrived and found the husband on the ground. An officer asked Starleen Rutkowski if she saw what happened. "Yes, I did," she replied, according to the decision. "I ran him over. We had what you'd call a domestic situation here."

The husband was transported to a hospital but died shortly afterward, the decision said.

In the past, local private colleges have stated that payments to the city would be a hardship.

File photo | The RepublicanBaystate Medical Center in Springfield.

SPRINGFIELD – Baystate Health has agreed to provide a $250,000 payment to Springfield in lieu of taxes in the coming fiscal year while the city evaluates if voluntary contributions can also be prodded from other major nonprofit institutions.

The $250,000 pledge is less than half the amount that Baystate Health was paying annually under a its prior five-year agreement that expires June 30.

Baystate, which is tax-exempt, initially agreed to a $500,000 annual payment-in-lieu-of-taxes in 2006, as sought by a state-imposed Finance Control Board and former Mayor Charles V. Ryan. The amount increased by 2.5 percent each year.

Mayor Domenic J. Sarno said he appreciates the new agreement to continue the payment program, saying it helps the city in difficult financial times.

“Would I like more? Certainly,” Sarno said. “Do I understand and respect it? Yes, I do. They face budget constraints also.”

Sarno cited other Baystate’s other benefits, including the fact that it is the largest employer in the city with more than 10,000 workers.

Under its agreement, the amount Baystate Health pays is slated to drop to $150,000 in fiscal 2013, and $100,000 in fiscal 2014.

Mark Tolosky

Baystate, however, will keep the amount at $250,000 each year if the city raises $250,000 from other large nonprofit organizations in each of those years, said Mark R. Tolosky, president and chief executive officer of Baystate Health.

“Our mission is not just to take care of people when they are sick, it is to be a partner to our communities and a good corporate citizen, and we believe that contributing again to the city of Springfield is the right thing to do,” Tolosky said in a statement.

Baystate Health evaluated the city’s needs along with its own capital needs and challenges, Tolosky said.

Baystate Health’s board of trustees agreed to the extension “with the hope that other large nonprofit organizations will also contribute to the city,” Tolosky said.

Lee C. Erdmann, the city’s chief administrative and financial officer, said he appreciates the Baystate Health decision “and welcomes the challenge to work with our other major non-profits.”

Local private colleges had limited responses on Tuesday, but in the past have stated that payments to the city would be a hardship. In addition, the colleges have pointed to other contributions made to Springfield in employment, spending in the local economy, and contributing to educational and cultural activities.

Craig Greenberg, a spokesman for American International College, said that once specific information is received, he would expect the colleges to discuss it and “issue an appropriate response.”

Mark Fulco

Mark Fulco, vice president of strategy and marketing for Sisters of Providence Health System, which operates Mercy Medical Center, said there have been discussions with a Springfield study committee evaluating the payment in-lieu-of-taxes program. Those discussions are continuing, he said.

“From a financial position, it would be a challenge for Sisters of Providence to participate in a (payment-in-lieu-of-taxes) program,” Fulco said. “The fiscal challenges we face are pretty widely known.”

The study committee was established six months ago by Sarno and City Council President Jose F. Tosado. A final report is expected within 60 days, said Erdmann, a member of the study committee.

In Boston, city officials sent out letters to its largest nonprofit institutions this year, seeking to increase payments in lieu of taxes already received from that city’s major tax-exempt hospitals, colleges and cultural institutions.

In fiscal year 2010, the Boston program yielded approximately $34 million, including participation from Boston University, Harvard University, Massachusetts General Hospital and Beth Israel Deaconess Hospital, according to a 2010 task force report.

In Springfield, the amount received totals approximately $5.7 million, including Mass Power, urban redevelopment corporations, the Springfield Housing Authority and Baystate, city officials estimated last year.

In Palmer, letters have been sent to 25 tax-exempt organizations asking them to make an annual payment to the town in lieu of taxes, as a way to generate revenue, according to acting Town Manager Patricia A. Kennedy.

It was Kennedy’s idea to solicit funds from the organizations, which include churches, the American Legion, Palmer Ambulance, Amvets, Palmer Housing Authority, Camp Ramah, Three Rivers Chamber of Commerce, and Wing Memorial Hospital.

“We are looking for sources of revenue. We really should extend our tax base. They have no obligation to pay that, but I would hope that in the spirit of good community cooperation they would make some kind of payment because they do use our town services, such as the ambulance, or police,” Kennedy said last week.

As of Tuesday, there had been no responses.

A spokesman for Wing Memorial Hospital declined comment; he said a letter has been sent out, but declined to provide the details until town officials received it. Wing is being asked to contribute the largest amount of money – $115,572.90.

Staff writer Lori Stabile contributed to this report.