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What's a Few Hundred Feet, Anyway?
Kathleen Corey Rahme, Methuen City Council

What’s a few hundred feet … anyway?

Well, to Nicole and Robert Marnicello and their young family, it could impact the quality of their lives greatly. When they were looking to settle in a family-friendly, affordable, quaint, little town, Methuen was their number one choice. As anyone knows, buying a home is a huge commitment and they opted to leave Somerville and move to Methuen. They bought in the Gill Avenue neighborhood and were surprised to learn that this neighborhood has a drug problem. Expanding the existing drug-free zone will make a huge difference to the Marnicello’s and to this neighborhood.

Traveling through this neighborhood you would be apt to remark about the well-sculpted lawns and flower gardens. Flags hang from the porches and children traverse the sidewalks in small groups. There is a park called Gill Avenue Park that is fre-quented by soccer leagues. It is not unlike any other middle class American neighborhood.

The occupants want a place to raise their families and feel safe. Enter a very active neighborhood association and their willingness to involve the system in helping the Marnicello’s solve this dilem-ma. I got a call from Eric and Susan Brunette whom I would consider the captains of this wonderful group. I have at-tended monthly neighborhood meetings. Typically, they give me a list of three items and through the office of the mayor I work with the police and the DPW and help solve their issues of concern. The drug problem was not as easy as the other issues to solve. 

This neighborhood is no stranger to the Methuen Police Department. Officers have been involved in combating drugs in this neighborhood and working closely with the Ashland Avenue Neighborhood Association for years. Neighbors habitually record makes and plates of cars to share with them. 

A police officer is always in attendance at the neighborhood meetings. Lately, Mayor Pollard and State Representative Arthur Broadhurst have attended, as well. There are plans for District Attorney Jonathan Blodgett to visit in August.

Because Nicole Marnicello has a vested interest in the problem and sought out a solution, she discovered the notion of nuisance abatement acts. She further discovered that there is a discrepancy in the Massachusetts General Laws, Chapter 94C, Section 32J, Controlled Substances Act. The law addresses ”the sale of controlled substances violations in, on, or near school property.” This zone is 1000 feet, while it is only 100 feet around public parks and playgrounds. There is mandatory minimum sentencing for any violation of this General Law of not less than two and a half years and a monetary fine of not less than $1000. This law exists. It is already on the books.

Together, with the Ashland Avenue Neighborhood Association, I am trying to put forth a Home Rule Petition to change the Massachusetts General Laws to read 1000 feet for parks. 

Why not? If you have a drug-free zone around schools where children study, why not provide for it around parks where they play. Let me say it again. The law already exists. The Home Rule Petition will only expand the footage. A Home Rule Petition must come before the City Council for a vote and the Mayor must sign off on it. It is then sent to the state legislature for approval in both the house and the senate. Representative Broadhurst promises to bring it through the state legislature even though he personally opposes the existing law because he does not agree with mandatory minimum sentencing.

I have learned much from Broadhurst regarding the process. Massachusetts is one of the few states in the union that allows individuals to try to change or create laws. It is called the Individual Right to Petition.

A person or a neighborhood like the Ashland Avenue Association could bring it forward to the state without me or the city council. Now that is empowering. It is my hope that the city council will help them and help other similar neighborhoods in Methuen and the rest of Massachusetts create safer playgrounds with the use of this deterrent.

If passed, the Home Rule Petition will affect the entire state of Massachusetts. A public hearing is scheduled for August 1. As far as those who oppose this Home Rule Petition because they feel that judges are prevented from using their judicial sentencing discretion in first-time offender cases, or that the police need to do more enforcement, or that all areas should be afforded the drug-free status equally, I can only say to them that they should seek change to, or the abolishment of, the existing law.

I applaud this neighborhood and encourage others to follow its lead to take their parks and playgrounds back. Children are at risk all over the United States. It might just keep unsavory characters from their areas of play. I guess we are trying to tell drug dealers that they are not welcome in our parks and playgrounds. We want them to know we are not interested in allowing first time offenders to have a chance to become second time offenders. Dealing and using illegal drugs is a crime.

That’s all.

*Kathleen Corey Rahme is the Central District Councilor in Methuen and the founder of the Methuen Youth Corps. You can email her at kcoreyrahme@comcast.net

*Send your questions comments to ValleyPatriot@aol.com
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