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Massachusetts municipal revenues up slightly, but overshadowed by pension and health benefit obligations, study finds

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The Massachusetts Taxpayers Foundation found that in fiscal year 2013, municipal revenues and expenditures in the state grew by 3.7 percent. Spending on pensions, retiree health care and debt service grew at a faster rate than spending on other services.

Municipal revenues are growing, but not by enough to offset growth in cities and towns' obligations for pensions, retiree health care and debt service, according to a new study by the Massachusetts Taxpayers Foundation.

The foundation found that in fiscal year 2013, municipal revenues and expenditures in the state grew by 3.7 percent, to $23.4 billion. The growth rate is higher than it was during the recession, but lower than it was from the 1980s through 2009.

However, the study found that increased expenditures are not only due to new services, but are to a large extent paying for spending on pensions, retiree health care and debt service. Spending in those categories grew by 23 percent between 2007 and 2012 – from $4.7 billion to $5.8 billion. At the same time, other spending grew by 10 percent – from $15.2 billion to $16.8 billion.

“Spending on employee and retiree benefits will consume an ever larger share of municipal budgets for the foreseeable future as municipalities face nearly $45 billion in unfunded liabilities,” said Massachusetts Taxpayers Foundation President Michael Widmer. “With modest revenue growth at best, funding for schools, public safety and other services will be sacrificed in order to pay for the unaffordable obligations taken on by cities and towns over the past decades.”

The study found that cities and towns had eliminated 15,500 full-time jobs between 2007 and 2012 – something the study attributes to both the recession and the growth in spending needed to keep pace with rising pension and benefits costs.

The issue is an acute one for the city of Springfield, which, a previous study found, has the worst-funded pension system in the state.

The current report does not list the total unfunded liabilities of cities and towns, but only the debt attributable to debt service – the repayment of the amount the city has borrowed to fund projects such as new schools. Using that measure, Chicopee's debt is $831 per person, Northampton's is $2,353 per person, and Springfield, Holyoke, Pittsfield and Westfield all fall between $1,200 and $1,900 per person.

The increase in local revenues was primarily driven by an increase in state aid and some increased local receipts – auto excise taxes, meal and hotel taxes and building permits. But property taxes grew at their slowest rate in decades, and there was little new construction, the report found.

Among Western Massachusetts cities, Springfield was the only city that spent less in 2013 than in 2012 – the amount it raised to cover local expenses was 1.6 percent less than the previous year. It also saw little new construction growth.

Growth rates among other Western Massachusetts cities, measured by the amount of money they raised, were closer to the statewide average of 3.7 percent: Chicopee grew by 4.2 percent, Holyoke by 3 percent, Northampton by 2.6 percent, Pittsfield by 5.1 percent and Westfield by 3.1 percent.


CNN poll: Majority of Americans support legalizing sale and use of marijuana

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A majority of Americans believe that lawmakers should legalize marijuana, while the number of people who say smoking it is "morally wrong" has tanked.

A majority of Americans believe that lawmakers should legalize marijuana, while the number of people who say smoking it is "morally wrong" has tanked, according to a new poll.

A survey of 1,010 American adults conducted between Jan. 3 and 5 by ORC International for CNN concluded that 55 percent say that the use of marijuana should be legal – a conclusion that punctuates decades of shifting attitudes toward the controversial plant.

Back in 1987, just 16 percent of the population said marijuana should be legal, with 81 percent calling for maintaining the prohibition of the plant. Now, support for keeping it illegal has fallen to 44 percent.

"Attitudes toward the effects of marijuana and whether it is morally wrong to smoke pot have changed dramatically over time," CNN Polling Director Keating Holland said in releasing the poll. "That also means that marijuana use is just not all that important to Americans any longer."

The poll also concluded that 54 percent of Americans think the sale of marijuana should be legal. Just 19 percent of those surveyed said they consider the use of marijuana to be a very serious problem in America while 32 percent said it is a "moderately serious" problem. Twenty-seven percent said it is not a problem at all and 22 percent said the problem isn't too serious.

When broken down among demographics, the poll concluded that while most people have come to support legalization, some groups of people have remained steadfast in their opposition.

"There are big differences on age, region, party ID, and gender, with senior citizens, Republicans, and Southerners the only major demographic groups who still oppose the legal use of pot," Holland said. "Clearly there are some reservations about marijuana, but not the widespread fear that existed during the original War on Drugs in the 1970s."

Just 35 percent of those polled said using marijuana was morally wrong, compared to the 70 percent who said so in a 1987 poll by Time Magazine. At the same time, 32 percent say living with someone out of marriage is morally wrong; 46 percent said looking at pornography is morally wrong; and 90 percent say cheating on your taxes is morally wrong.

The changing attitudes toward marijuana have been reflected in changes on the state level in recent years. While Massachusetts voters approved medical marijuana at the ballot in 2012, last week Colorado became the first state in the country to begin the legal sale of marijuana for recreational use.

Washington state is set to begin legal sales of marijuana for recreational use in mid-2014.

The CNN poll has a 3 percent margin of error.


Longmeadow awaits decision on whether state gaming commission will designate it as a surrounding community

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Longmeadow and West Springfield were not listed as surrounding communities in MGMs application to the Massachusetts Gaming Commission.


LONGMEADOW — Select Board Chairwoman Marie Angelides said the town will submit a petition to be designated a surrounding community to the Massachusetts Gaming Commission by Jan. 13.

During a meeting this week, Angelides presented the Select Board with a timeline issued by the commission that includes a Feb. 6 date for towns to be designated surrounding communities.

"There are two ways to be designated, either MGM has to include you in their application which has already been submitted or the Gaming Commission has to approve the town," Angelides said.

Unlike several other communities, including Agawam, East Longmeadow, Ludlow and Wilbraham, both Longmeadow and West Springfield have not come to a mitigation agreement with MGM. The resort casino submitted its Phase II application on Dec. 31, 2013.

Angelides said the town has until Jan. 13 to submit the petition. On or around Jan. 23, the commission will host a public hearing to discuss the designated surrounding communities petitions.

On Feb. 6, the commission will decide whether to designate Longmeadow and West Springfield as surround communities.

If they are designated, the towns will have 30 days to negotiate a mitigation agreement with MGM, she said.

If after 30 days an agreement cannot be made the commission will ask both parties to enter into arbitration.

On March 17 an arbitrator will be chosen and on April 14 arbitration will end.

Angelides said that while the arbitrators decision is binding, the Gaming Commission has the right to amend the arbitrators decision, giving the commission the final say.

Northampton City Council re-elects William Dwight as council president; Adams vice president

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NORTHAMPTON – The City Council Tuesday afternoon re-elected William H. Dwight president of the council and Jesse Adams vice president, both by unanimous vote. Ward 6 Councilor Marianne L. LaBarge, who nominated Dwight, said he was very dedicated. “I know what you can do.” The charter changed last year with leadership of council meetings passing from the mayor to the...

NORTHAMPTON – The City Council Tuesday afternoon re-elected William H. Dwight president of the council and Jesse Adams vice president, both by unanimous vote.

Ward 6 Councilor Marianne L. LaBarge, who nominated Dwight, said he was very dedicated. “I know what you can do.”

The charter changed last year with leadership of council meetings passing from the mayor to the council president.

Councilor Paul D. Spector said, “Bill did a great job. I hope you will do it again (be president,) he said.

Dwight said he was a reluctant council president when was first elected two years ago “I came to appreciate the position.”

And he praised the council. “Everyone conducted themselves with great patience.”
In the upcoming term he said he would like to “demystify governance” so that people in the city feel more comfortable approaching the council. “We’re you friends, mostly,” he said. “I appreciate your willingness to serve,” said Ward 1 Councilor Maureen T. Carney.

LaBarge also nominated Adams for vice president, another change implemented with the change in charter. “He’s done a fantastic job with all the ordinances.”

Adams worked on drafting ordinances to make government more transparent and leading the charge for a new city charter that changed the term of the mayor from two to four years.

“I’d be happy to do it again,” Adams said.


Chicopee paves way for marijuana clinic by accepting 180-year-old street

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Chicopee City Council adopted a restrictive ordinance regulating medical marijuana.

CHICOPEE — Extensive research into old deed records has proven the existence of a 180-year-old road that developers want to use as access to a medical marijuana facility.

The Planning Board voted 4-0 to accept the preliminary plans for Hampden Care Facility Inc. to locate a medical marijuana clinic at the end of Exchange Street and near the banks of the Connecticut River.

“Our next step is we will be applying for a special permit. We should be doing that within two weeks,” said Stephen Reilly, the lawyer representing Hampden Care Facility Inc.

The organization, whose president is Tom Gallagher of Springfield, has received preliminary approvals from the Massachusetts Department of Public Health. Reilly said he hopes for word of final approvals by the end of the month.

To meet the requirements of the restrictive ordinance created by the Chicopee City Council to regulate medical marijuana clinics, city officials had to agree a dirt road was an accepted street. The ordinance requires any clinic to be located at least 300 feet from a residential area and be located in an industrial zone.

With approval of the street, called Ferry Lane, the frontage of the clinic would be far away from houses. The property is zoned industrial, City Planner Catherine L. Brown said.

She told the Planning Board it was a complicated process to research the road. City Engineer Steven Frederick had to search county records to find the information because the street did not exist on any city maps.

“It was a county road in 1834, and when they built the bridge it became redundant because more people were using the bridge and not the ferry,” Brown said.

The road was used to access a ferry that delivered passengers across the Connecticut River to West Springfield. Later a bridge was built that accomplished the same purpose. That bridge has long since been removed, she said.

Frederick found records that showed the county eventually turned the street over to the city. There are no records that it was ever abandoned, Brown said.

“We are accepting it as a street,” she said.

She said the descriptions in the records are intriguing. When describing boundaries they include butternut and walnut trees, a fence and a pile of rocks. All the measurements are done in links, which refers to links of a chain used by a surveyor, and rods, which equals 25 chains.

Even with the approval of the street, the property, which is owned by former City Councilor Charles Swider, could be challenging to build on because it is next to a flood plain and there may be some environmental issues with the property, which has formerly been used for vehicle storage and a lumber yard, Brown said.


Caleb Jacoby, teenage son of Boston Globe columnist Jeff Jacoby, is missing

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Caleb Jacoby, of Brookline, an 11th grader at Maimonides School, was last seen Monday.

BROOKLINE — Caleb Jacoby, the 16-year-old son of Boston Globe columnist Jeff Jacoby and his wife Laura, has been missing since Monday.

Jacoby is a Brookline resident who is in the 11th grade at Maimonides School. According to a flier distributed by the Combined Jewish Philanthropies and Maimonides School, he is 5-foot-11 and weighs 140 pounds.

Ellen Pulda, a spokesman for Maimonides School, said, "The school is engaging all of its resources to aid Caleb's parents and the Brookline Police. Our entire school community is praying for Caleb's safe return."

The Brookline police did not immediately return a call for comment.

Jacoby's friends and Jewish communal organizations throughout greater Boston were circulating fliers with Jacoby's photograph on Tuesday.

Efrat Lipschitz, Jacoby's Hebrew teacher, who is organizing efforts to post fliers, said Jacoby was last seen midday Monday. "We don’t know anything. We don’t have even a clue," Lipschitz said.

Lipschitz described Jacoby as a quiet boy and a serious one. "He took his studies very seriously. He took life seriously. He wasn’t easygoing," Lipschitz said.

"He's a very quiet boy, he's also a very good one," Lipschitz said. "People really love him in school because he is a very good person."

A prayer vigil for Jacoby will be held at the Young Israel of Brookline, a Brookline synagogue, Tuesday evening.

Anyone who sees Jacoby should contact the Brookline police at (617) 730-2222.


Related:

» Letters to Caleb, by Jeff Jacoby


Worcester Arts Council awards $88,355 in grants to local artists, organizations

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"WAC is thrilled to be able to support these noteworthy projects that illustrate the vibrant cultural community that can be found throughout Worcester," said WAC chair Tina Zlody of the yearly grants. "These projects and their success will play a vital and important role in enhancing the strength of our community through art and creative expression."

The Worcester Arts Council will distribute $88,355 in grants to 40 area artists, organizations and educational institutions in 2014.

"WAC is thrilled to be able to support these noteworthy projects that illustrate the vibrant cultural community that can be found throughout Worcester," said WAC chair Tina Zlody of the yearly grants. "These projects and their success will play a vital and important role in enhancing the strength of our community through art and creative expression."

Among the 2014 grant recipients are the EcoTarium, Worcester Public Library Foundation, Music Worcester, Worcester Film Works and the Boys and Girls Club of Worcester. The grants fund specific projects, such as summer movies shown on the common by Worcester Film Works. The full list of recipients is available online.

"The Worcester Arts Council worked diligently to select recipients based on the priorities put forth through the help of the community's' input," said Zlody.

Two $5,000 artist fellowships were awarded to glass and metal sculptor Gale Scott and art and science installation artist Lauren Monroe to go towards their work in the arts and humanities.

Every year, the council selects grant recipients that include arts education, children's programs, collaborative projects which promote diversity, public art, music/performing arts and visual arts. The council's nine members evaluated applications in the fall based on the overall quality of the proposed programs, their public benefit and viability. The council is supported by the Massachusetts Cultural Council, a state agency.

Holyoke Medical Center demonstrates medical records search on new state system

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Established by the state with $22.3 million from the federal government , the system connects 55 hospitals and medical centers around the state along with their varying computer systems. But up until now it only allowed doctors send records to colleagues at another institution.

HOLYOKE - The 82-year-old man, confused and unable to provide any of his own medical history, was in a bed at the Beth Israel Deaconess Medical Center emergency room in Boston as doctors prepared to treat him with antibiotics and run diagnostic tests.

But his medical records were scattered all over the state. That included notations in the computer system at Holyoke Medical Center indicating that the 82-year-old was not only allergic to the penicillin Beth Israel Deaconess doctors were about to give him but he was also allergic to shellfish which means he probably would have also reacted adversely to the iodine dye in a diagnostic test

"It could have been a bad outcome for this patient," said Dr. Jennifer S. Mark, chairwoman of the Emergency Department at Holyoke Medical Center. "The information changed the way doctors treated this patient for the better; they avoided unnecessary and, in this case dangerous, tests."

Medical tests that, even if they don't endanger life, consume time and can cost thousands of dollars to perform, Mark said.

The man and his medical history were real; his complaints Wednesday morning were not. He was part of a demonstration staged by the state Executive Office of Health and Human Services to demonstrate the new query-and-response function of the state's Mass HIway Health Information Exchange .

Gov. Deval L. Patrick watched the demonstration from Boston.

"Just in the simulation today, the avoidance of expensive MRIs and indeed the avoidance of certain treatments where the medications would have caused an allergic reaction and all the complications that go along with that, that is precisely the kind of thing that adds to health care costs," Patrick said. "So being able to use technology to improve the quality of care and also reduce care is an example of Massachusetts' leadership."


Established by the state with $22.3 million from the federal government, the system connects 55 hospitals and medical centers around the state along with their varying computer systems. But up until now it only allowed doctors to send records to colleagues at another institution.

Baystate Health also participates in the system.


Cooley Dickinson Hospital in Northampton plans to participate in Mass HIway, said spokeswoman Christina Trinchero. Currently, Cooley is deploying tools and technology that will increase our ability to participate in this health information exchange as well as others, she said.

Secretary of Health and Human Services John Polanowicz said the system could have a significant impact on health care providers across the Commonwealth, including in Western Massachusetts, by allowing them to connect in real time.

"We're not only talking about Holyoke but our partners out in North Adams or our partners in Pittsfield," Polanowicz said. "All of them who sign up for this will be able to have access to it."

Using the query-and-response function, doctors can scour medical records from across the state. It's now possible to discover hidden diagnostic clues or lurking dangers like the iodine allergy. That's information that can be hard to come by with no way to do a comprehensive records search, Mark said.

"It is a lot of guesswork," Mark said. "You work really hard to treat the patient as best as you can."

Spiros Hatiras, president and chief executive officer of the hospital, said searching and retrieving records is especially important for Holyoke Medical Center because it is a community hospital.

That means that many people from Holyoke go to larger medical centers like Baystate Medical Center in Springfield or a Boston institution to receive, for example, extensive heart surgery or specialized cancer treatment. But when those folks come back home and something goes wrong theys ometimes end up in Holyoke Medical Center with reams of paper records and sometimes empty-handed, leaving doctors like Mark guessing.

"That's why this work with medical records is very important for us," he said.

Separately, Holyoke Medical Center is on its own linking its records system with the Holyoke Health Center, which is a separate institution, and about 30 other physician's offices and clinics around the region, said Carl Cameron, vice president of operations and chief information officer at Holyoke Medical Center.

"And I hope to have 50 more signed up soon," Cameron said. "I can't tell you how much we've spent on it, but it means that when the state system links to us, it links to all those records, too."

Cameron said consumers opt into the system, both statewide and Holyoke's, if their provider participates when they register as a patient.

"Our idea is to get our network bigger and bigger," Cameron said.

Staff writer Shira Schoenberg contributed to this report from Boston


183-year-old Charlton farmhouse destroyed by fire; family escapes, 2 firefighters suffer minor injuries

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The Miller family tried to save their beloved farmhouse, but the fire that started Wednesday morning quickly became more than they could handle.

CHARLTON — The Miller family tried to save their beloved farmhouse, but the fire that started Wednesday morning quickly became more than they could handle.

By 2 p.m., the house, which stood at 58 J Hammond Road since the 1830s, was gutted by a swift and stubborn fire that kept firefighters from eight area departments busy for nearly four hours in the crisp, below freezing cold.

"It's very difficult to put out in this old farmhouse type of building," Charlton Fire Chief Charles Cloutier Jr. said, surveying the scene. "We had to use an exterior attack on the fire because of the volume of fire that was there," he said.

The five adults who were home at the time of the fire, which appears to have accidentally started on the second floor, according to Cloutier, escaped the house without injury and tearfully watched as firefighters streamed water from a hose onto the roof and used tools to break apart exterior walls to reach the flames hidden underneath.

"Oh, my god," Liz Miller Fernandes said, shivering and stunned, as she watched part of the roof collapse. "We made it out before it got too, too bad," she said before turning her attention back to a collection of family photos that firefighters were able to retrieve from the house. Miller Fernandes was in the house Wednesday morning visiting with her father, Tom, her 90-year-old grandmother, Gertrude, and 24-year-old brother Will, when the fire started.

Two firefighters - one from Charlton and one from Southbridge - suffered superficial cuts to their hands, unrelated to the cold, during the fire attack, according to Cloutier.

The origin and cause of the fire is under investigation, Cloutier said.

Bill Linehan and Ayanna Pressley reflect on race for Boston City Council presidency

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Newly elected Boston City Council President Bill Linehan likened his new responsibility as president of the city's legislative body to his younger days when he helped his mother raise his fellow siblings.

BOSTON — Newly elected Boston City Council President Bill Linehan likened his new responsibility as president of the city's legislative body to his younger days when he helped his mother raise his fellow siblings.

During a brief interview after the election in the council chambers Linehan said that he was not sure he had all the votes he was promised until after the election and that he went into the contest the same way he does a district election.

"I try to influence the voter with an honest, fair, and centrist approach, so far it's worked for me," said Linehan.

Linehan, reelected comfortably this year after many counted him out in his district race with Suzanne Lee, was first elected to the city council from District 2 in 2007. He defeated At-Large City Councilor Ayanna Pressley in a council-only vote to be the next president of the body.

"I am sure people would have loved to see Ayanna Pressley. It would be historic if she were the president of the council. I say to all of them, I will serve this city and all of the people in this city. They can call my office at any time," said Linehan.

Linehan's critics have ripped him as "Old Boston," often describing him as if he were a direct descendant of controversial Irish pols from Boston's past like Albert L. "Dapper" O'Neil and Louise Day Hicks, both one time mayoral candidates. Linehan laughs off these comments and comparisons.

"I grew up in this city, I've lived here for 63 years, so in the sense that I am older, yes. I don't look at this city in an old way, I look at it trying to make it better for my kids and my grandchildren, of which I have six of that live in this city," said Linehan.

Linehan only found out about Pressley's candidacy over the weekend when he was checking in with council members to see where they stood on the vote. He said he wished her well.

The new council president is optimistic about the relationship the city will have with newly elected Mayor Martin J. Walsh.

"These are new times. Each mayor that takes office, each year, they garner more power every year they sit. We're all new. This is a new city council, he's the new mayor, we need each other, we need to work together, I've known him for a long time. I truly believe he's a team builder and a collaborator," said Linehan.

The newness of the council and mayor, Linehan thinks, will wipe out the public perception of the body as a rubber stamp for the mayor.

"If you have a relationship with the mayor overtime...you may have felt inclined to be deferential at times but this is brand new for everybody and I think it's terrific," said Linehan.

Ayanna Pressley 1At-Large Boston City Councilor Ayanna Pressley speaking at a Boston City Council meeting in January 2014.  
At-Large City Councilor Ayanna Pressley told MassLive that she was unsure of what would happen when the vote for the council presidency went to the floor and that she was not discouraged over the result. Even though she was encouraged to run for the position after topping the at-large city council race in November she did not make the decision to run until very recently.

She waved off rumors of a possible run for lieutenant governor or another higher office saying that her current situation is great. "I am very humble to have been elected to a third term as an at-large councilor," Pressley said.

Jury selected in trial of Boston state Rep. Carlos Henriquez

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Massachusetts state Rep. Carlos Henriquez is charged with 3 counts of assault and battery, witness intimidation and larceny under $250.

By ANDY METZGER

MEDFORD — A jury of five women and three men was impaneled in the trial of Rep. Carlos Henriquez, a Boston Democrat, in Cambridge District Court on Wednesday, just before the 1 p.m. break for lunch.

The seating of a six-member jury and two alternates appeared to clear the way for the attorneys to make opening arguments. Jury selection lasted less than an hour.

Henriquez is charged with three counts of assault and battery, witness intimidation and larceny under $250.

After the potential witnesses, including the alleged victim Katherine Gonzalves, filed out of the courtroom, Judge Michele Hogan told the jury what the prosecution must prove in order for Henriquez to be found guilty and how the trial will proceed. Hogan previously told jurors the trial would not last beyond Jan. 14.

Witnesses in the case will be directed not to use the term “kidnap,” and when the alleged victim takes the stand she will be asked not to use the term “hostage,” Hogan ruled ahead of the trial on Wednesday morning.

Middlesex Assistant District Attorney Clarence Brown said the prosecution dropped a kidnapping charge because to press such a felony against Henriquez would have required a grand jury indictment.

“The case did not warrant indictment,” said Brown, who said the facts still support the kidnapping and he would advise his witnesses not to use those terms.

Henriquez is charged with three counts of assault and battery, witness intimidation and larceny for allegedly stealing the victim’s cell phone SIM card.

The charges developed from an early morning incident in July 2012, when Henriquez met a young woman he had been dating near her mother’s home in Arlington Heights. While the two were in the backseat of a rented Zipcar, Henriquez allegedly became angry that she would not leave with him and allegedly back-handed her across the right side of her face, grabbed her by the throat and punched her in the chest area.

Henriquez then allegedly took her cell phone, which she later recovered minus the SIM card, and drove back into Boston where the woman jumped out of the stopped car near Northeastern University.

First elected in 2010, Henriquez was born and raised in Roxbury and is involved in the Dudley Street Neighborhood Initiative. He sits on the House Ways and Means Committee.

Henriquez, who declined comment at the Medford courthouse, issued a statement right after his arrest saying the allegations were “completely untrue.” The statement was soon after rebuffed by the victim, Somerville resident Katherine Gonzalves, who held a press conference at a Back Bay law firm reasserting her claims that she had been assaulted.

In a hearing held about 11 a.m., Hogan ruled against a motion by Gonzalves attorney Rick Brody seeking to prohibit television cameras from recording the testimony of his client.

Henriquez attorney Stephanie Soriano-Mills argued that Gonzalves had held a “huge media spectacle” where she was video-taped and said the alleged crime is not sexual in nature – which would have afforded certain rights of privacy to the victim.

Soriano-Mills mentioned that Gonzalves had been charged some months after the July 2012 incident when she drove by Henriquez’s home. The charge was annoying phone calls, Soriano-Mills said. Brody told the News Service the charge has been dismissed.

Potential jurors will be asked whether they have any racial prejudices, any opinions about elected officials, membership in domestic violence groups or participation in a neighborhood watch.

Soriano-Mills said photographs of the Zipcar had not been provided to her, and said Brown does not have possession of the photos either, although they are referenced in reports.

Brown, who said he inherited the case from a different prosecutor, said a search of the car uncovered a fingernail and an empty condom wrapper, and said no DNA analysis or fingerprint analysis had been performed.

The court was near ready to begin impanelling the 6-member jury soon after noon, when Hogan announced there were 25 potential jurors.

Soriano-Mills told the court she envisioned the case lasting until Monday or Tuesday.


Sen. Elizabeth Warren introduces bipartisan bill to increase transparency in reporting federal settlements

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The Truth in Settlements Act, as introduced by the bipartisan duo of Sens. Warren and Coburn on Wednesday, comes amid steady concern in Washington that companies which settle with the government amid investigations into wrongdoing often cut deals to avoid more significant penalties.

WASHINGTON — With the aim of increasing the transparency around settlements reached with companies found to be in violation of federal laws, U.S. Sen. Elizabeth Warren, D-Mass., has teamed up with U.S. Sen. Tom Coburn, an Oklahoma Republican, to push a new bill.

The Truth in Settlements Act, as introduced by the bipartisan duo on Wednesday, comes amid steady concern in Washington that companies which settle with the government amid investigations into wrongdoing often cut deals to avoid more significant penalties. The legislation would require the federal agencies they settle with to make public all the details of a settlement, not just the dollar figure of estimated value often touted in press releases announcing such settlements.

"When government agencies reach settlements with companies that break the law, they should disclose the terms of those deals to the public," Warren said. "Anytime an agency decides that an enforcement action is needed, but it is not willing to go to court, that agency should be willing to disclose the key terms and conditions of the agreement. Increased transparency will shut down backroom deal-making and ensure that Congress, citizens and watchdog groups can hold regulatory agencies accountable for strong and effective enforcement that benefits the public interest."

Since entering the Senate and taking her place on the Senate Banking committee, Warren has criticized the Securities and Exchange Commission for settling with large financial institutions rather than taking them to court, despite their purported level of malfeasance.

In her first Senate Banking Committee hearing nearly a year ago, Warren bluntly asked "When did you last take... a large financial institution, a Wall Street bank, to trial?"

After much conjecture and discussion, the answer from SEC regulators was that no banks have actually been taken to trial despite the wrongdoings that led to the financial collapse of 2008. They routinely argue that the settlement, rather than a lengthy court case, is in the best interests of the American people. But if the bill passes, next time the SEC settles with a company, such as JPMorgan Chase & Co., details would need to be made public.

Warren’s press conference came one day after U.S. Treasury officials announced JPMorgan would pay more than $2.5 billion for ignoring obvious warning signs of Bernard Madoff’s massive Ponzi scheme, according to The Associated Press.

According to Treasury Department, the bank withdrew $300 million of its own money from Madoff feeder funds, but never closed the account or alerted U.S. officials about suspicions.

The agreement allows the bank to avoid criminal charges.

"It is important we hold our regulators accountable and this bill is all about accountability," Warren said. "If you're confident that your settlements are in the best interests of the public- fine. Hang it out there for the American people to decide if its adequate," Warren said in a conference call with reporters Wednesday afternoon. "Regulators are charged with holding companies accountable and the public should be able to hold them accountability."

Tom CoburnWhile the Senate debates the bipartisan budget plan, Sen. Tom Coburn, R-Okla., a longtime deficit hawk, outlines his annual “Wastebook,” which points a critical finger at billions of dollars in questionable government spending, Tuesday, Dec. 17, 2013, during a news conference on Capitol Hill in Washington. (AP Photo/J. Scott Applewhite)  

Coburn, for his part in the bill, said that taxpayers deserve better than having federal agencies settle without clarifying exactly what the terms of such a settlement are.

"Since agencies are not currently required to disclose the financial structure of government settlements, too often the true value of those settlements is not known because often companies are allowed to deduct part of the payment," Coburn said in a statement. "Our bill gives taxpayers the transparency tools they need to access real information and numbers regarding enforcement settlements."

The Truth in Settlements Act would require that all public statements made in regards to such settlements includes an explanation of how those settlements are categorized for tax purposes and whether payments may be offset by "credits" for particular conduct. Additionally, companies would be required to file all details of settlements with the SEC and to post the agreements on their own websites.

To address inevitable claims that such disclosures would violate confidentiality, the bill would require government agencies to disclose basic information about the number of settlements they deem confidential each year and directs the Government Accountability Office (GAO) to conduct a study of confidentiality procedures and to provide additional recommendations for increasing transparency.


Holyoke School Committee begins pursuit of state funding to renovate heating systems at 3 schools

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Replacing a school boiler four years ago cost about $300,000.

HOLYOKE -- The School Committee Tuesday voted to begin seeking state funding to renovate heating systems at the Morgan, E.N. White and Kelly schools.

An official said the heating systems at the schools as working well but could heat more effectively with upgrades. No cost estimates were available yet, but replacing the Lawrence School boiler on Cabot Street four years ago cost about $300,000.

The next step is to seek approval from the City Council to proceed with the funding request to the state School Building Authority, said Devin M. Sheehan, School Committee vice chairman.

Gov. Deval Patrick considers independent DCF investigation after case of missing Fitchburg five-year-old Jeremiah Oliver

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Gov. Deval Patrick said Wednesday his administration is considering ordering an independent investigation into the state Department of Children and Family Services after sustained criticism of the agency

Gov. Deval Patrick said Wednesday his administration may order an independent investigation into the state Department of Children and Families after continued criticism of the agency.

The agency has been in hot water for the past month over how the case of five-year-old Jeremiah Oliver was handled. Records showed that the social worker assigned to the child failed to make required monthly visits to check on him. He is missing and presumed dead.

So far, the social worker in charge of his case, a supervisor, and an area program manager were fired. Another manager was given a three-day suspension.

Patrick told reporters on Wednesday that administration officials discussed hiring an independent investigator to look at the agency. "Some group or agency that is knowledgeable, that has some real gravitas and experience in this area that might help us bring a fresh set of eyes."

Though Patrick stated his satisfaction that DCF leaders are responding to concerns, the governor added, "I also understand that many people in the public want to hear from others than the administration, so we're talking about (an outside investigation)."

"We may have more to say about that soon," Patrick said.

jeremiaholiver.jpgJeremiah Oliver has been missing since September 

Meanwhile, Republican candidate for governor Charlie Baker -- who oversaw DCF as Secretary for Health and Human Services during the Weld administration -- has plenty to say about the case.

Baker called for an immediate report addressing the caseloads of social workers and documentation of the last time a caseworker visited every child in the system.

“The state owes the children in its custody and the people of Massachusetts a full accounting of the status of DCF’s operations, to be produced in the next seven days, in order to prevent another tragedy," Baker said Wednesday, in a statement.

In the wake of the Oliver case, Northbridge Superintendent Nancy Spitulnik also href="http://www.masslive.com/news/worcester/index.ssf/2014/01/northbridge_schools_superinten.html#incart_river"target="_blank">criticized the agency. In a Dec. 20 letter to DCF Commissioner Olga Roche, Spitulnik said workers from the agency's South Central office in Whitinsville didn't treat some reports of abuse and neglect seriously enough.

Spitulnik said the agency regularly closed serious cases when parents weren't cooperative, failed to follow up with a homeless student and in one case didn't act until 13 reports of abuse or neglect were filed, according to the Worcester Telegram & Gazette.

Roche met with Spitulnik, the district's principals and assistant principals Tuesday evening in Northbridge.

Spitulnik was in a meeting Wednesday afternoon and not immediately available for direct comment, though she released a statement.

"I feel it was a very productive meeting, with everyone participating in an open, honest, and professional discussion about some of our concerns, and possible solutions in the future," Spitulnik wrote.

DCF Northbridge Follow Up Summary

The Republican reporter Shira Schoenberg contributed to this story

Former Easthampton Mayor Michael Tautznik has new job with Center for EcoTechnology

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Former Easthampton Mayor Michael Tautznik will be the director of business operations for the Center for EcoTechnology.

EASTHAMPTON — Less than a week after he left the mayor’s office, Michael A. Tautznik has a new job.

He will be the director of business operations for the Center for EcoTechnology.

In his Facebook posting, Tautznik wrote that the company with offices in Pittsfield, Northampton and Springfield “helps people carry out their daily activities with less environmental impact. We provide practical solutions that save energy, materials and money and have a positive impact on our environment and the communities we live and work in.”

The company, a 35-year-old non-profit organization, also has a retail store – EcoBuilding Bargains. He begins Jan. 27 working mainly from the Northampton office, according to the post.

Tautznik was mayor for 17 years. His long-time assistant Karen Cadieux is now mayor.


Home in Springfield's Sixteen Acres heavily damaged in fire

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A home in Sixteen Acres that was under renovation sustained heavy damage in a Wednesday afternoon fire, a fire official said.


SPRINGFIELD
— A home in Sixteen Acres that was under renovation sustained heavy damage in a Wednesday afternoon fire, a fire official said.

Dennis Leger, aide to Fire Commissioner Joseph Conant, said the home at 22 Emmet St. sustained between $80,000 and $100,000 in damage.

When firefighters first arrived on scene, most of the interior was engulfed in flames, he said.

No one was injured. Three occupants were home at the time, but they managed to get out safely. Two pet guinea pigs were inside the home and are believed to have perished in the smoke and fire, Leger said.

The fire was reported just after 3:45 p.m. The fire was under control within 30 minutes, but firefighters remained on scene looking for lingering hot spots.

The American Red Cross has been called in to assist the three residents to find temporary shelter.

Emmit Street, located off Bradley Road, was blocked off to traffic.

Leger said the city Arson and Bomb Squad has been called in to look for the cause of the fire.

The home, a single-story ranch, is owned by Ronald and Eleanor Morrissett. The Springfield Department of Assessors lists the value of the property as $100,000.

ORRISSETTE RONALD L JR & ELEANOR
22 EMMET ST
SPRINGFIELD MA 01119


The map below shows the approximate location of 22 Emmet St.:

On 50th anniversary of 'War on Poverty' speech, Worcester Rep. Jim McGovern says cuts to SNAP are 'war on poor people'

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On the 50th anniversary of The War on Poverty U.S. Rep. James McGovern called for continued funding of benefits in the face of a "war on poor people" and proposed cuts to SNAP in the Farm Bill.

U.S. Rep. Jim McGovern says the "War on Poverty" has shifted from helping the poor to fighting them.

McGovern, a Democrat who represents the 2nd district, spoke on the floor of the House of Representatives Wednesday about hunger in America and potential cuts to SNAP (Supplemental Nutrition Assistance Program) in the proposed Farm Bill.

The Worcester representative spoke on the 50th anniversary of President Lyndon B. Johnson's state of the union speech that addressed education and health care as poverty reduction strategies. The speech is referred to as the "War on Poverty" at time when the poverty rate was 19 percent.

According to the most recent U.S. Census numbers, 15 percent of Americans, 46.5 million, live in poverty.

"Despite the many successes, and there have been a number of successes over the past 50 years, there are those in this country and this House who would destroy the programs that help people in need," said McGovern. "Those who have replaced the 'War on Poverty' with a new war on poor people."

The House may vote on a Farm Bill conference report as early as next week. On the line is $8 billion in cuts to SNAP, said McGovern. Additionally, there will be changes to federal program that helps Americans pay their energy bills.

McGovern said this "loophole" would reduce an already meager benefit program and disproportionately affect seniors and the disabled.

Three million families would see a reduction $90 a month, on average.

This kind of reductions would be one thing if the funds went back into SNAP, but they do not, said McGovern. Instead those cuts would help to continue subsidies in the Farm Bill.

"Why on earth would we pass a farm bill that makes the rich get richer and the poor get poorer. We must and can do better," said McGovern. "It is a scandal that in the richest country in the world we have a hunger problem."

He added, "I will oppose any Farm Bill in America that makes hunger worse."

PM News Links: Teacher says he lost weight on McDonald's diet, dog found frozen to ground, and more

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Andrea Rizzitano, the maternal great-aunt of Kaydn Hancock of Acton, said she provided the state with “multiple warnings” her 13-month-old nephew “was in imminent danger, and that he was not safe,” but that her “desperate pleas for help fell on deaf ears.”

  • Iowa science teacher creates documentary showing how he lost weight while eating only food from McDonald's [KCCI-TV, CBS8, Des Moines] Video above.

  • Charges filed against owner of dog found frozen to ground in Indiana [WFIE-TV, NBC14, Evansville, Ind.]

  • Relative of toddler beaten to death by mother says she warned Massachusetts Department of Children and Families that child was not safe [Boston Herald]

  • Federal magistrate advises Rhode Island man to get a lawyer if he wants to pursue suit to stop chiming church bells [Providence Journal]

  • Emails link New Jersey Gov. Chris Christie to George Washington Bridge scandal [NJ.com]

  • Cape Cod man charged with attempting to murder his 18-month-old child's mother [Cape Cod Times]

  • One of five crew members killed in Navy helicopter crash off Virginia Beach [Virginia Pilot]

  • Dog rescued after falling through ice on Bourne pond [CBS Boston.com]

  • State paid babysitter accused of sexually assaulting two Connecticut girls [WVIT-TV, NBC30, New Britain]



  • Do you have news or a news tip to submit to MassLive.com for consideration? Send an email to online@repub.com.



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    Yarmouth resident Matthew Chicoine charged with attempted murder following alleged attack on pregnant girlfriend

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    Matthew Chicoine, 22, is facing a slew of felonies, including attempted murder, following the incident police say unfolded inside a West Yarmouth motel room.

    WEST YARMOUTH — A Yarmouth man is behind bars following what police say was a violent attack on his pregnant girlfriend in front of their young child.

    Matthew ChicoineView full sizeMatthew Chicoine, 22, of Yarmouth 

    Matthew Chicoine, 22, is facing a slew of felonies, including attempted murder, following the incident police say unfolded inside a West Yarmouth motel room late Tuesday morning.

    Around 11:30 a.m. Tuesday, police were called to the Tidewater Motor Lodge on Route 28 to investigate a domestic dispute. Upon arrival, police say they found Chicoine enraged, standing in the middle of the room, while the victim was on the bathroom floor.

    Police say the victim, who is 5½ months pregnant, reported that Chicoine hit her in the face multiple times, ripped the phone from the wall when she tried to call for help, and choked her to the point of blacking out, twice.

    She said he also smashed her head against objects in the room, such as a table and the floor, and when she tried to find safety in the bathroom with their 18-month-old child, who was also present, Chicoine allegedly kicked in the door on top of her as she used her body to shield the child.

    When taken into custody, Chicoine allegedly remained violent, smashing his own head against the window in the rear of the police cruiser repeatedly. Police say he continued screaming and yelling all the way to the holding cell he ended up in.

    The victim was attended to by local EMTs and taken to Cape Cod Hospital in Hyannis for treatment, the Boston Globe reported. Chicoine was charged with three counts of aggravated assault and battery while armed with a dangerous weapon, attempted murder, possession of a dangerous weapon (knife) during a disturbance, intimidation of a witness, and two counts of malicious destruction of property.

    The Globe reported Chicoine is being held without bail awaiting a dangerousness hearing scheduled for Friday in Barnstable District Court.


    Springfield License Commission considers request to reopen Skyplex bar at Stearns Square

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    The two-story bar in the heart of the downtown entertainment district has been closed the past two years.

    SPRINGFIELD – The License Commission is scheduled to meet Thursday to consider approving plans by a Connecticut couple to reopen the Skyplex bar at Stearns Square two years after it shut down in the downtown entertainment district under different ownership.

    The applicants, Robin L. and Elmer E. Herrera of Manchester, Conn., of Ultra Entertainment LLC., have a public hearing scheduled with the commission at 5:30 p.m., at City Hall.

    “We feel that we can make it a positive influence on the city of Springfield,” Robin Herrera said Wednesday.

    The Herreras had proposed reopening the two-story nightclub building last year, but did not proceed at the time for needed approval from License Commission.

    The applicants have met in recent months with the Planning Board, the neighborhood council, and the Fire and Police departments, and have security plans, security cameras, and additional lighting, Robin Herrera said. The lounge will include music and dancing, Herrera said.

    The Herreras are leasing the building from the property owner, 8-12 Stearns Square LLC, of Warwick, R.I., according to documents. Michael Kent and Lois Maraia are listed as the owners of the limited liability company.

    The Planning Board did vote to recommend the liquor license in November, but with nine proposed conditions including a 1 a.m. closing time, and a requirement that noise not be audible to residential abutters at any time.

    Both proponents and opponents will have an opportunity to speak before the License Commission before action is taking on the liquor license request. The proposed name of the business is Skyplex Ultra Lounge, but that could change, Herrera said.

    Robin Herrera said there is a provision in the lease that would allow the use of the rooftop deck by the bar, but that would occur only when sought by the business, and when approved by the city.

    There had been a rooftop bar under the prior ownership.

    There were some concerns raised about the Skyplex reopening, when proposed last year, including concerns that the building occupancy is listed as 1,300 people.

    Last fall, Carol Costa, president of the Armoury Quadrangle Civic Association said that if the bar license is approved, residents want to make sure it is “safe and secure.”

    The liquor license if approved by the License Commission, will also need approval from the state’s Alcoholic Beverages Control Commission.

    The current signs on the building include the name “Sincere Springfield,” but no such bar or club by that name ever opened, according to the License Commission.

    The liquor license for the Skyplex was not renewed in December of 2011 due to non payment of property taxes, according to the city. The back taxes were since paid, but taxes for the first two quarters of this fiscal year are late, totaling $11,788 including interest, according to city records.

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