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Judge lets air out of 'Deflategate' By LARRY NEUMEISTER and TOM HAYS Associated Press NEW YORK (AP) — A federal judge deflated "Deflategate" Thursday, erasing New England quarterback Tom Brady's four-game suspension for a controversy that the NFL claimed threatened football's integrity. U.S. District Judge Richard M. Berman said NFL Commissioner Roger Goodell went too far in affirming punishment of the Super Bowl winning quarterback. Brady has insisted he played no role in a conspiracy to deflate footballs below the allowable RICHARD limit at last season's M. BERMAN AFC championship U.S. District Judge game. The written decision frees Brady to prepare for the Sept. 10 season opener against the Pittsburgh Steelers. The ruling was a surprise to some legal experts who believed Berman was merely pressuring the league to settle when he criticized its handling of the investigation and discipline over the last eight months. The league brought the scandal to Berman's Manhattan courtroom immediately once Goodell upheld Brady's four-game suspension, blasting the quarterback for arranging the destruction of his cellphone and its nearly 10,000 messages just before he was interviewed for the NFL probe. The union countersued, said Brady did nothing wrong and asked the judge to nullify the suspension. While the league investigation found it was "more probable than not" that two Patriots ball handling employees deliberately released air from Patriots game balls at January's 45-7 New England victory over the Indianapolis Colts, it cited no direct evidence that Brady knew about or authorized it. Goodell, though, went beyond the initial investigation report, finding in late July as a result of testimony from Brady and others that the quarterback conspired with the ball handlers and tried to obstruct the league's probe, including by destroying his cellphone. The commissioner said he concluded Brady "knew about, approved of, consented to, and provided inducements and rewards" to ensure balls were deflated. Berman attacked the league while questioning one of its lawyers at two hearings, citing a lack of proof against Brady and asking how Goodell settled on a four-game suspension instead of other discipline. He warned the league that he had the authority to overturn its punishment of Brady if he found the NFL acted unfairly by refusing to deliver NFL Executive Vice President Jeff Pash as a witness even though he worked on the NFL See NFL Lawsuit, Page 3
PHOTO BY CHRISTINE CHARNOSKY
Police follow gas trail to hit-and-run suspect By CHRISTINE CHARNOSKY Staff Writer WESTFIELD – Police followed a trail of gasoline to find a suspect involved in a hit-and-run accident. At 4 a.m. Sunday morning, police were called to the area of Elm Electrical Inc., located at 68 Union Street, from a passing motorist who reported seeing a Chevy Camaro run over the Mosley Street sign, which split the Camaro’s gas tank. After following the fuel trail, police came upon Jayson Tavernier of Springfield standing beside a Chevy Camaro with the keys in the ignition and engine running near Powdermill Village. Westfield Police Capt. Michael McCabe said that Tavernier’s Camaro had dragged the sign about 130 feet down Union Street. See Gas Trail, Page 3
Sewer rate hike in limbo By DAN MORIARTY Staff Writer WESTFIELD – The Finance Committee is slated to discuss a sewer rate increase tonight prior to the regular City Council session, but little action is anticipated because of a motion, made at the Aug. 20 meeting, to give the Board of Public Works the authority to set sewer rates. Finance Chairman Brent B. Bean II said this morning that a rate increase “is warranted, but I don’t think we’ll be taking action on this tonight because the motion transferring responsibility to the BPW or Water Commission is now in the Legislative & Ordinance Committee.” “We have people all over the city who have been waiting for years to get sewers but we haven’t been able to do that because we need the money to fund extending the system,” Bean said. “I think moving the rate authority to a board will take the politics out of that process and will improve the revenue stream for
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Noise abatement program proves to be a moving target
Brady free to play
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— PAULINE KAEL
THURSDAY, SEPTEMBER 3, 2015
VOL. 84 NO. 220
“In the arts, the critic is the only independent source of information. The rest is advertising.”
that department,” Bean said. Ward 5 Councilor Robert A. Paul, Sr., sponsored the motion requesting the Law Department to investigate “whether the ordinance giving authority to the City Council for setting the sewer rate should or can be moved,” and if so to prepare an ordinance amendment. The motion was also sent to the council’s Legislative & Ordinance Committee. Bean, at the Aug. 20 session, said that the board and departments deals with rate and revenue issues on a day-to-day basis. “I think it’s a smart move and that our sewer system will be healthier for it,” Bean said in August. “We haven’t had a sewer rate increase in years, then we see huge jumps, which is not fair to people either, to see those big increases.” Paul, speaking at the Aug. 20 City Council meeting, said that many residents cannot afford the cost of extending sewer service See Sewer Rate, Page 3
By DAN MORIARTY Staff Writer WESTFIELD – Nearly 200 residents attended an informational public hearing last night at the North Middle School to hear about changes to the noise contour map, which will greatly reduce the number of residents who qualified for noise abatement assistance under the original map. Airport Director Brian Barnes said that the Federal Aviation Administration (FAA) requires that the PAR 150 noise study, and associated maps, be updated every five years. The original Par 150 Noise Abatement Noise Compatibility Study Update was released in April of 2009. The original study was conducted shortly after the F-15 air superiority jets were moved from Otis Air Base to Barnes Regional Airport, replaced the Massachusetts Air National Guard 104th Fighter Wings previous airframe, the A-14 Warthog, which is an antitank and close ground support aircraft Barnes said the amended noise contour map is still a draft which has to be reviewed and approved by the FAA. Barnes said the original study was based upon anticipated data flight paths and the number of sorties conducted by the 104th Fighter Wing, while the amended maps are based upon actual data. Barnes said that under the original map delineated the two noise contour lines, the 70 dB and 65 dB, qualifying residents for noise abatement assistance. Barnes said that 52 houses in the 70 dB contour qualified for buyouts, and that 10 have been purchased. Houses in the 65 dB contour qualified for noise abatement measures, including replacement of window, doors, as well as adding insulation in the walls and central air conditioning to eliminate the need to open windows. Barnes said that 84 homes have been insulated. “Which leaves 270 people” in the original 70 dB and 65 dB contours whose homes have not been either purchased or noise insulated, Barnes said. The new contour lines reduced the number of qualified house by about half, Barnes said. “We’re here tonight to get your comments to send to the FAA as part of this process,” Barnes said. “We’re not the first community to go through this. Westover (Air base in Chicopee) saw about a 50 percent reduction.” “None of the numbers we see here now are final,” Barnes said, adding that the FAA gave the city a $2.5 million grant to continue purchasing properties. Barnes said that because of flight path changes adopted by the 104th ANG, the contours have shifted to the north of the airport and from the southwest to the southeast. The municipal airport has a contract with the 104th ANG to have about 90 percent of sorties to the north of the airport and 10 percent to the south. Jane W. Verbeck, program manager with the city’s noise consultant, WYLE, said that “homeowners are being bumped from t See Noise Abatement, Page 3
Brian Barnes speaks with residents during an informational public hearing last night at the North Middle School to hear about changes to the noise contour map. See additonal photos Page 8. (Photo by Lynn F. Boscher)
Cultural Council begins new grant cycle WESTFIELD – The 2015-2016 Grant cycle is about to begin for the Westfield Cultural Council. The local Westfield Cultural Council is a part of the Massachusetts Cultural Council (MCC), a state agency that promotes excellence, access, education, and diversity in the arts, humanities, and interpretive sciences to improve the quality of life for all Massachusetts residents and contribute to the economic vitality of our communities. Each year, local councils award more than $2 million in grants to more than 5,000 cultural programs statewide. This year, the Westfield Cultural Council awarded $20,566 in grants to area non-profits to fund 26 programs from October 2014 thru December 2015. Funded programs covered a spectrum of artistic expression from musical performances to fine art to signage for the Columbia Rail Trail. Organizations receiving funding included several grants to schools for various programs to enhance the educational experience of students through the arts. Other grants were awarded to local groups such as the Young Singers of Westfield, Greater Westfield Choral Association, and the Community Choral Festival. The traditional herald of the Christmas season, the Novi Cantori concert held each December at the First Church in Westfield, is funded in part from a WCC grant. Grants were also awarded to the Westfield Athenaeum for its summer reading program and for a new program sponsored by the Athenaeum that explores the various cultures and traditions that Westfield area residents celebrate. These weeklong celebrations through traditional foods, music and dance as well as speakers will help us get to know better and respect those of diverse cultures in Westfield. The grant application deadline for the 2015-2016 cycle is October 15, 2015. Please log onto http://www.massculturalcouncil.
org/ for more information. The Westfield Cultural Council meets each second Tuesday at 7pm in the Westfield City Hall. Local councils can vary in size from five to 22 membersand there are open slots on the local Westfield Cultural Council. For additional information, please contact Chair Amy Tosi at tosiamy@yahoo.com
Peter Demos, a member of the Westfield Cultural Council, confers with James Homan during a “Recipients’ Reception” at the Rinova Gallery in downtown Westfield last year. (WNG file photo)