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Banking & Finance

A Leg Up to Homeownership

The Racial Wealth Gap Partnership at the Boston Foundation recently announced it is making an initial investment of $1.55 million in the Massachusetts Affordable Homeownership Alliance’s (MAHA) STASH Program.

The investment was made in collaboration with the MassMutual Foundation and the Boston Foundation’s donors and is the second from the Wealth Gap Partnership’s Down Payment Assistance Program. The program provides funding to housing organizations to create new or build upon existing down payment assistance efforts that create wealth by expanding homeownership in underserved communities.

“MAHA’s STASH program has a demonstrated record of giving homebuyers the financial and educational support they need to navigate the purchase process and begin building equity for long-term wealth./We are pleased to help make it possible for STASH to expand and enhance homeownership opportunities for families throughout Massachusetts.”

MAHA’s STASH (Saving Toward Affordable and Sustainable Homeownership) First-Gen Home Program is a groundbreaking matched savings and education program that provides first-generation, first-time homebuyers in Massachusetts with down payment assistance and financial literacy and homebuyer education.

Nearly 400 STASH participants have purchased homes since MAHA launched the program in 2019. The funds will be used to expand the program’s reach to all cities and towns throughout the state, with a goal of eventually catalyzing $5 million in investments to the program in the coming years. The partnership projects this will allow the STASH program to provide matched savings to more than 200 households seeking to become homeowners.

“MAHA’s track record of coupling critically needed financial assistance with the education to find and maintain affordable homeownership opportunities aligns perfectly with the partnership’s goal of expanding intergenerational wealth through homeownership,” said Lee Pelton, president and CEO of the Boston Foundation. “Thank you to all of the partners who are making this investment possible and available for prospective homebuyers across Massachusetts.”

“At MAHA,” added Symone Crawford, executive director of the Massachusetts Affordable Homeownership Alliance, “we are committed to making homeownership achievable for first-time and first-generation families. This investment in the STASH program helps us scale a proven model that builds financial capacity and long-term stability. Thank you to the Boston Foundation and the Wealth Gap Partnership for affirming this work through this investment.”

Launched in 2019 with a seed investment from Boston Children’s Hospital, the STASH program contains two main components: the provision of eight hours of financial literacy and homebuyer education and up to $20,000 in matched savings for program graduates to use for down payment and closing cost assistance.

“MAHA’s STASH program has a demonstrated record of giving homebuyers the financial and educational support they need to navigate the purchase process and begin building equity for long-term wealth,” said Dennis Duquette, president and CEO of the MassMutual Foundation. “We are pleased to help make it possible for STASH to expand and enhance homeownership opportunities for families throughout Massachusetts.”

The announcement of the $1.55 million marks the second major investment from the Racial Wealth Gap Partnership, which was founded in 2022 by the Boston Foundation and is a broad-based partnership of more than 40 members representing a wide range of financial, philanthropic, nonprofit, and civic leaders.

In late 2024, the partnership supported the launch of the ONE+ Program by the Massachusetts Housing Partnership (MHP) in collaboration with the Boston Foundation, the Commonwealth of Massachusetts, Eastern Bank Foundation, and the State Street Foundation. To date, that effort has supported nearly 400 first-time homebuyers across Massachusetts.

“This collaboration with MAHA is a wonderful complement to our ongoing work with MHP’s ONE+ program because it allows the partnership to broaden the avenues for access to homeownership for first-generation, first-time homebuyers across the entire Commonwealth,” said Courtney Brunson, director of Economic Equity Initiatives at the Boston Foundation. “Through its programs and partnerships with organizations across Massachusetts, MAHA is providing a powerful combination of resources to ensure families can buy their own homes and keep them to build long-term wealth. We look forward to our continued partnership in this work.”

Law

A Matter of Trusts

By Gina M. Barry, Esq.

 

In Massachusetts, if you pass away owning assets worth more than $2 million, your estate will likely owe Massachusetts estate tax. Fortunately, given a relatively recent change in the law, Massachusetts estate tax would be paid only on the amount over $2 million, as opposed to on the entire estate.

Many people think that their estate is not valued at more than $2 million; however, it is very easy to reach this level of value when you consider that every asset you own is valued for estate tax purposes. The focus of this article is on how married couples can use trusts to minimize, or possibly eliminate, the Massachusetts estate tax that would be due without this planning.

Under Massachusetts law, for deaths in 2026, there is no estate tax due so long as the decedent’s estate is not valued at over $2 million. Moreover, there is no estate tax due when all assets are left to a surviving spouse, as there is an unlimited marital deduction that applies regardless of how much money one spouse leaves to another.

The potential trap is that, upon the second death, when the surviving spouse is holding the entire estate, their estate will likely be taxed at a larger percentage. This is because the $2 million Massachusetts estate tax exemption is not portable between spouses. When the second of the two spouses dies, their exemption is still only $2 million.

Gina M. Barry

Gina M. Barry

“Many people think that their estate is not valued at more than $2 million; however, it is very easy to reach this level of value when you consider that every asset you own is valued for estate tax purposes.”

A common estate planning technique to minimize, or possibly eliminate, Massachusetts estate tax is creating credit shelter trusts, which would allow both spouses to pass up to $2 million without paying estate tax.

As assets left outright to the surviving spouse would qualify for the marital deduction instead of using the estate tax exemption, it is necessary to use a system of trusts to cordon off the $2 million exempt from tax in Massachusetts from the surviving spouse’s direct and unfettered access.

Thus, the surviving spouse is forgoing control of the assets held in their deceased spouse’s trust to realize the goal of paying less or no estate tax when both spouses have passed away. Although the surviving spouse does not have unfettered access to the trust funds, they would have access according to the trust’s rules.

 

How It Works

Upon the passing of the first spouse to die, a subtrust will hold the $2 million exemption amount for Massachusetts purposes. With respect to the assets held in this trust, the income (money earned on trust assets) would automatically be distributed to the surviving spouse.

The surviving spouse may also be given an annual ‘5 and 5’ power that allows them to demand a distribution of 5% of the principal or $5,000, whichever is greater. In addition, should the surviving spouse require more monies to live in the manner they were accustomed to living when their spouse was alive, principal (trust assets) may be distributed at the trustee’s discretion.

A second subtrust, for Massachusetts purposes, will include the remainder of the estate, meaning any assets over and above $2 million. This trust will also provide the surviving spouse with all income and with principal distributed at the trustee’s discretion — and, again, the surviving spouse may be given the option to exercise a ‘5 and 5’ power as described above.

When the second spouse passes away, any monies in the first subtrust ($2 million), as well as any growth, will not be taxed in their estate. Thus, the trust has made these monies available to the surviving spouse for their needs without giving that spouse the direct ownership that would cause inclusion in their estate for estate tax purposes when they pass away.

As the surviving spouse will interact extensively with the trustee of the trust following the death of the first spouse, it is very important to choose a successor trustee that will get along with the surviving spouse. The successor trustee may be the surviving spouse, but it is highly recommended that there be a co-trustee serving along with them, such that the surviving spouse can be insulated from participating in making discretionary distributions of principal.

Very often, married couples choose to name their children as successor trustees to serve with or without the surviving spouse. When both spouses have died, the balance of the trust property would be distributed as set forth in the trust, usually outright to the married couple’s children or held in a continuing trust for their benefit.

 

Bottom Line

A credit shelter trust can also help to reduce or eliminate federal estate tax; however, for 2026 deaths, federal estate tax only impacts estates greater than $15 million. Couples with assets valued at $15 million or more would also want to explore additional planning opportunities that are beyond the scope of this article.

Any married couple wishing to take advantage of estate tax planning is encouraged to schedule an appointment with an attorney who works primarily in the area of estate planning. It is imperative that you plan now to avoid estate taxes later.

 

Gina M. Barry is a shareholder with the law firm Bacon Wilson, P.C. She is a member of the National Academy of Elder Law Attorneys, the Estate Planning Council, and the Western Massachusetts Elder Care Professionals Assoc. She concentrates her practice in the areas of estate and asset protection planning, probate administration, guardianships, conservatorships, and residential real estate; (413) 781-0560; [email protected]

Opinion

Opinion

By Meg Sanders

 

A few weeks ago, a community member out in the Berkshires was speaking with a staffer of ours at Canna Provisions. She had just heard that the petition to end adult use cannabis had potentially gathered enough signatures to move forward toward the 2026 ballot. “Well … that’ll never pass,” she said, waving her hand as if brushing away a fruit fly. “People love your store.” I wish that were enough.

In Massachusetts, we are now facing the most serious threat to the legal cannabis industry since voters approved it in 2016, and the most dangerous reaction I’m seeing is dismissal or the belief that progress is permanent. Or, worse, the assumption that someone else will handle it, that voters won’t move backward, that adult use is simply too big to fail. But let me be very clear as someone who has spent nearly 15 years in legal cannabis across multiple states: nothing in this industry is too big to fail. Not even legalization itself.

The Massachusetts Elections Division recently certified 78,301 signatures for a measure laughably called “An Act to Restore a Sensible Marijuana Policy,” which seeks to end all recreational cannabis sales and the ability for citizens to grow at home in Massachusetts, while preserving medical-only access. It is now officially moving to the Legislature, which has until this May to act. And if they decline a portion of the signatures collected, causing the initiative to fall under the required threshold, the proponents would need 12,429 more signatures to ensure the question gets on the November 2026 ballot.

That means the future of every retailer, cultivator, manufacturer, brand, and tens of thousands of direct jobs across the Commonwealth is officially on the line. Additionally, thousands of indirect jobs the industry supports will be lost. This means plumbers, landlords, snow plowers and landscapers, marketing professionals, electricians, accountants, lawyers, and more will all take a hard hit.

This is the beginning of a coordinated effort to unwind the very industry so many of us have spent years building — legally, transparently, and in partnership with our communities in Western Mass., as well as the state as a whole. And here’s the part that should alarm every business leader reading this: public opinion alone does not stop ballot initiatives. Organization does. Funding does. Showing up does.

We’ve already seen reporting that some of the signatures gathered may have been collected through deceptive or misleading tactics. But even if every signature were suspect, the measure is currently alive in the eyes of the state. That is what matters now. So the question before every operator comes down to a point of view. If someone is coming for your business, your staff, your customers, and your community partnerships, are you really going to sit this one out? If yes, how can you square that up with everyone mentioned in the previous sentence? Moreover, why would you want to?

“This is the beginning of a coordinated effort to unwind the very industry so many of us have spent years building — legally, transparently, and in partnership with our communities in Western Mass., as well as the state as a whole.”

At Canna Provisions, we’ve made our position crystal clear. We have long believed that every dollar spent is a vote for or against something. It’s why we stopped using Uline two years ago after learning about their aggressive anti-cannabis advocacy. And starting Jan. 1, 2026, we no longer accept deliveries in Uline packaging at all (and have encouraged partners to use a local service provider like W.B. Mason instead). If a partner still has stock, we will work with them, but we expect written assurances that they are transitioning vendors.

This is one example of a position showcasing voting with one’s dollars — because if you’re taking cannabis money while directly supporting anti-cannabis efforts, you are funding your own downfall. And if this rollback effort advances and a statewide campaign becomes necessary, we will not carry products or use vendors who refuse to financially support the fight to protect this industry, even if that support comes in the form of inaction and apathy to the threat level we are facing in 2026. That includes brands. Cultivators. Tech partners. Professional services. HVAC installers. Electricians. Plumbers. Everyone.

If that sounds harsh, ask yourself: what, exactly, is the alternative? What will the impact be, from tourism in the Berkshires (which we know has directly benefited from cannabis) to municipal revenue streams to the thousands of workers who rely on this economy? What happens to the local businesses we support, the charities we donate to, and the community partnerships we’ve built?

We are not talking about a minor regulatory adjustment. It would be the end of a business sector that has generated billions for the state, brought life into struggling towns, created pathways for equity and entrepreneurship, and, let’s not forget, delivered a safer, regulated alternative to the illicit market. Additional measures are now underway in both Maine and Arizona, making this an effort that may be beginning in the Commonwealth but is rapidly expanding across the country. If Massachusetts falls (or if the vote is precariously close), you can bet this will have ripple effects on cannabis freedom across the U.S.

Ending adult-use cannabis does not eliminate cannabis. It eliminates safe, regulated, legal cannabis, as it’s been embraced since voters passed Question 4 in 2016. This is the moment when our industry has to grow up. We cannot keep treating existential threats like spectator events. Operators cannot assume that the big companies will handle it. Equity operators cannot assume someone else will protect their hard-earned licenses. Vendors cannot assume their cannabis clients will still exist in two years if they stay on the sidelines now.

Everyone in the industry, including consumers, has skin in this game, and everyone has a responsibility to defend it. So here is my call to the business community, cannabis and non-cannabis alike. Pay attention. Ask your partners where their money goes. Support the organizations preparing to fight this ballot initiative. Refuse to fund vendors or suppliers who work against your interests. Stop assuming someone else will do the hard work — because they won’t. And because the people trying to end this industry are counting on your complacency.

I’ve said for years that trust and sustainability are the foundation of this industry. Today, I’ll add one more: vigilance. The rights we earned in 2016 can still be taken away, and if that happens, it will be because too many people thought their silence was harmless.

The next year will determine whether Massachusetts remains a leader in legal cannabis or becomes the first state in history to voluntarily dismantle its adult-use market. I know which future I’m fighting for. I hope the rest of the industry joins us.

The clock has already started.

 

Meg Sanders is CEO and co-founder of Canna Provisions.

Insurance

Advancing Equity

 

The Blue Cross Blue Shield of Massachusetts Foundation announced $771,000 in new grant funding to support 15 organizations working to improve perinatal health across Massachusetts through its Perinatal Health Initiative, a multi-year program aimed at reducing racial inequities in perinatal health outcomes.

Now in its second cycle, the multi-year Perinatal Health Initiative grant program is part of the foundation’s broader strategy of grantmaking and policy analysis aimed at better understanding and disrupting structural racism and broadening health equity.

Building on the foundation’s 2024 effort, the two-year program was shaped by insights from community partners, fellow funders, and an ongoing assessment of the perinatal health landscape. Seven of the organizations funded in 2025 are continuing grantees from the foundation’s initial cohort to deepen their impact through this next phase. The grants support organizations providing community-based perinatal education and support, expanding the perinatal workforce, and policy advocacy.

“These organizations are creating lasting improvements in perinatal health by expanding access to culturally responsive care and centering community voices.”

“These organizations are creating lasting improvements in perinatal health by expanding access to culturally responsive care and centering community voices,” said Audrey Shelto, president and CEO of the Blue Cross Blue Shield of Massachusetts Foundation. “Their work exemplifies the power of community-based leadership in achieving health equity.”

The foundation’s board of directors approved two-year grants ranging from $25,000 to $60,000 for each of the following nonprofit organizations and their projects:

• Accompany Doula Care, Boston, which will partner with Health Leads and collaborate with healthcare systems, advocates, and providers to launch a cross-sector workgroup to increase equitable maternal health outcomes by integrating doulas into clinical care teams and creating supportive hospital policies;

• Berkshire Nursing Families, to expand the organization’s support of families who are Black, Indigenous, and people of color in Berkshire County by launching perinatal education programs, training new staff to become certified lactation counselors, and building a diverse workforce;

• Family Health Center of Worcester, to expand the capacity of its OB Advocates program, which connects community members with trained and culturally aligned doulas during pregnancy through two years postpartum;

• First Teacher Boston, which will integrate its pilot perinatal health program into its community-based parent education for Black and Brown families in Dorchester, Roxbury, and Mattapan, offering year-round workshops, infant-focused resources, and professional development for staff in perinatal care;

• Greater Lowell Health Alliance of CHNA 10, which will build upon its Doula Academy to expand, diversify, and increase skills of the local perinatal workforce in the Lowell area;

• Greenfield Community College Foundation, to create Massachusetts’ first public certified professional midwives accredited training program to increase access to a pipeline of trained, licensed midwives and expand community birth options;

• It Takes a Village, Huntington, which will partner with the Green River Doula Network to provide community-led perinatal education, perinatal mood and anxiety disorder prevention, labor preparation, postpartum care, breastfeeding support, peer-led support circles, and extended home visits for historically marginalized families in Western Mass.;

• Massachusetts Society for the Prevention of Cruelty to Children, which will support the Mind the Gap Coalition’s statewide advocacy to strengthen perinatal mental health policies and align efforts across the continuum from prenatal to infancy;

• Nantucket Community School, to increase access to childbirth education and lactation supports by providing classes and training three instructors from Black, Indigenous, and people of color communities and those fluent in Spanish and Brazilian Portuguese;

• Neighborhood Birth Center, Roxbury, to educate public health experts, policy makers, and payers regarding issues to advance midwifery education, workforce development, and access to birth centers, and lead a campaign to promote equitable reimbursement for licensed midwives and birth center facilities;

• North Quabbin Health Collaborative, Orange, which will expand one-to-one nurse visits for families up to one-year postpartum in rural and structurally marginalized communities in the towns of Orange, New Salem, Petersham, Warwick, and Wendell, providing health education programs, screening, and referrals;

• Propa City Community Outreach, Roxbury, which will implement a community-centered initiative focused on perinatal loss, expanding access to healing-centered education, connecting families and care providers across Massachusetts, and reducing isolation for families experiencing loss;

• Sacred Birthing Village, New Bedford, to train 12 multi-ethnic and linguistically diverse women in Southeastern Mass. to provide doula care and prepare them to meet state certification requirements for MassHealth-covered services;

• Worcester Addresses Childhood Trauma, which will partner with Worcester Public Health to deliver culturally responsive perinatal education, public awareness campaigns, and events guided by the Citywide Black and Brown Maternal Health Work Plan; and

• Worcester RISE for Health, to strengthen its Maternal Care Access program for refugee and immigrant communities by providing practice-based mentorship for doulas and developing a centralized referral system and wraparound supports.

The Blue Cross Blue Shield of Massachusetts Foundation will continue to collaborate with other foundations working in perinatal health to collectively learn, align philanthropic efforts, and elevate local leadership and community-led solutions to advance birth equity in Massachusetts.

Law Special Coverage

Out in the Open

By Michael Lewis, Esq.

On Oct. 29, Massachusetts’ pay transparency law took effect. Employers must post a good-faith pay range for each specific position and provide that range to applicants and employees on request. Larger employers must also submit workforce equal employment opportunity (EEO) data to the state.

Actions to take now: Set credible pay ranges, update posting templates, train managers and recruiters, and calendar your EEO data submission.

Posting and disclosure duties apply if you averaged 25 or more Massachusetts employees last year. Count all employees whose primary place of work is Massachusetts, including full-time, part-time, seasonal, and temporary workers. Include remote employees tied to a Massachusetts worksite and out-of-state employees who report to or are assigned to a Massachusetts base. Determine coverage once a year by averaging headcount across all pay periods. The separate EEO data reporting duty applies to employers with 100 or more Massachusetts employees that already file EEO reports with the Equal Employment Opportunity Commission (EEOC).

Your postings must show a real pay range for Massachusetts roles. Every advertisement or job posting for a particular and specific position with a Massachusetts primary place of work must list a range you reasonably expect to pay at the time of posting. Third-party and agency postings count. If pay is by commission or piece rate, include the expected commission or piece rate range. The law does not require listing benefits or bonuses.

You also must disclose ranges to applicants and current employees. Upon request, give any applicant the range for the posted position. Give current employees the range when you offer a promotion or transfer, and upon request for their own position, even if no vacancy exists. Make sure managers know who answers these requests and how.

“Every advertisement or job posting for a particular and specific position with a Massachusetts primary place of work must list a range you reasonably expect to pay at the time of posting.”

‘Primary place of work’ reaches remote and hybrid setups. If a role reports to or is assigned to a Massachusetts worksite, treat it as covered, even when the individual works outside the state. If the role can be performed in Massachusetts, assume the posting rule applies.

Enforcement sits with the attorney general; there is no private lawsuit. Expect a warning for a first violation, then escalating civil penalties. Through Oct. 29, 2027, you get two business days to cure after a notice. Retaliation against applicants or employees who seek ranges or complain about violations is prohibited.

Large employers must submit EEO workforce data to the Commonwealth. If you file EEO-1 (or EEO-3/4/5, as applicable) with the EEOC, you must transmit the same reports to the Secretary of the Commonwealth on the state schedule. The state will publish aggregate industry reports; individual employer submissions are not public records.

 

Seven Practical Steps to Get Compliant Quickly

• Decide coverage. Run the 25-employee average using last year’s payroll periods. Flag multi-state and remote roles tied to Massachusetts.

• Map positions. List all ‘particular and specific’ jobs in Massachusetts, including internal ladders and common transfer paths.

• Set ranges now. Build good-faith minimums and maximums for each position using market data, internal equity, geography, and level. Avoid inflated bands that you would not actually pay.

• Standardize postings. Add a salary-range line to every template and require recruiters and agencies to include it. For social posts, link to the full posting with the range.

• Train managers and recruiters. Give a script for handling range requests. Remind teams not to ask for salary history until after an offer. Reinforce anti-retaliation.

• Document and monitor. Keep a living list of ranges, the date set, the factors considered, and the owner. Review at set intervals and after material changes.

• Calendar the data filings. If you file EEO reports federally, calendar the Massachusetts submission dates and designate the filer.

 

Templates You Can Use Today

Required range line for postings: “Pay range for this role: $__ to $__ per year [or $__ to $__ per hour]. Actual pay will reflect skills, experience, and job-related factors. This role [includes commission with an expected range of $__ to $__ ] is paid by piece rate with an expected range of $__ to $__].”

Applicant range request response: “Thank you for your interest. The pay range for the [position] is $__ to $__ [plus commission/piece rate as posted].”

Employee request for current position: “The current pay range for your position, [position/title/level/location], is $__ to $__. We review ranges on [cadence] based on market data, skills, and responsibilities.”

 

Common Questions from Employers

Do we need to update a posting if the range changes during the search? Post the range you reasonably expect to pay when you publish the posting. If your range materially changes during the search, update the posting and your internal file.

Do we need to include bonuses or benefits? No. List the base salary or hourly range. Include commission or piece-rate ranges if those pay forms apply.

Do internal promotions without a posting trigger disclosure? Yes. Provide the range when offering a promotion or transfer.

Do we have to share ranges for every job on demand? Applicants get the posted position’s range on request. Employees get their own position’s range on request, even when no opening exists.

How should we handle multi-state postings? If the role could be filled by someone whose primary place of work is Massachusetts — or the role reports to a Massachusetts worksite — include a Massachusetts-compliant range.

 

Key Dates and Thresholds at a Glance

• Oct. 29, 2025: Salary-range posting and disclosure duties began for employers with 25 or more Massachusetts employees.

• Feb. 1, 2026 (EEO reporting): EEO-1 due annually; EEO-3 and EEO-5 due in odd-numbered years; EEO-4 due in even-numbered years — only for employers that file these reports with the EEOC.

• Through Oct. 29, 2027: Two-business-day cure period after a notice from the attorney general.

 

Why Act Now?

Pay ranges will surface internally and externally. Employees will compare. Posting ranges that you cannot defend invites morale issues and legal risk. You control the narrative by setting credible bands, training your teams, and responding cleanly to requests.

 

Michael Lewis is an attorney with the Commercial Litigation Group at Halloran Sage, handling complex business and employment disputes for a wide range of clients in industries including healthcare, manufacturing, retail, and technology.

Workforce Development

Training Ground

On Oct. 22, the Healey-Driscoll administration awarded approximately $1.5 million in Training Resources and Internships Network (TRAIN) grants to provide essential training opportunities to more than 500 unemployed and underemployed people across Massachusetts.

These grants will be administered through 13 of the state’s public community colleges and are designed to equip adult workers with the skills necessary to thrive in key industry sectors, ensuring that the workforce is prepared with the skills for the opportunities of today and tomorrow.

“Everywhere I go, I see the difference our investments in education are making — people earning degrees and credentials, launching new careers, increasing their earnings, and strengthening their communities,” Gov. Maura Healey said. “Free community college has opened doors for thousands of students, and these TRAIN grants will open even more by helping adult learners gain the STEM and workforce skills that power our economy. That’s what STEM Week is all about — learning that leads to opportunity.”

John Cook

John Cook

“By connecting skill development with industry-recognized credentials, STCC and our sister community colleges showcase our contributions to the economic vitality in every corner of the Commonwealth.”

Indeed, the grants were announced during the recent Massachusetts STEM Week, which promotes interest in science, technology, engineering, and math careers.

“At a time when employers across the state are looking for skilled workers, we’re making sure Massachusetts residents can get the training they need to fill those roles and build great careers,” Lt. Gov. Kim Driscoll said. “During STEM Week, we’re celebrating how hands-on learning — from the classroom to the lab to the workplace — helps people of all ages discover new pathways in science, technology, engineering, and math. These TRAIN grants strengthen that pipeline by connecting adult learners to the high-demand STEM careers driving our state’s innovation economy.”

The TRAIN grant program focuses on supporting long-term unemployed, underemployed, and new entrant adult workers by providing them with targeted industry skills and workforce readiness training. This funding supports 13 implementation programs that offer comprehensive training programs, which include not only the development of key skills, but also wraparound support services to guide participants through their learning journey and into new careers.

“We know that education doesn’t stop at high school graduation — it’s a lifelong pathway,” Education Secretary Patrick Tutwiler said. “Through programs like TRAIN, we’re connecting learning to purpose and helping adult learners develop the skills that Massachusetts employers need most. Announcing these grants during STEM Week is a powerful reminder that in our Commonwealth, STEM truly starts now — for students, workers, and communities alike.”

Sen. Jo Comerford

Sen. Jo Comerford

“These TRAIN grants demonstrate that our Commonwealth understands community colleges are not just classrooms — they are engines for equity, opportunity, and economic growth.”

Higher Education Commissioner Noe Ortega added that “these TRAIN grants are an important part of the Healey-Driscoll administration’s successful efforts to bring post-secondary opportunities to more residents, building their careers and strengthening our communities. During STEM week, TRAIN grants also serve as an example of the crucial role our community colleges play in building a skilled workforce to fuel our STEM industries.”

 

Local Impact

The announcement was made at Springfield Technical Community College (STCC), which was selected to receive a $150,000 grant to train certified nursing assistants.

“As the community college in Massachusetts with two middle names, we are honored to help highlight investments in STEM and workforce,” STCC President John Cook said. “At STCC, we know there is a lot of STEM in healthcare, and our $150,000 in grant funds … will expand access to careers in a vital sector. By connecting skill development with industry-recognized credentials, STCC and our sister community colleges showcase our contributions to the economic vitality in every corner of the Commonwealth.”

Other TRAIN grant awardees include:

• Berkshire Community College, $132,825 for commercial driver’s license training;

• Bunker Hill Community College, $150,000 for dental assisting, EKG, phlebotomy, and IT training;

• Bristol Community College, $87,289 for a cybersecurity certificate program;

• Cape Cod Community College, $107,209 for addiction recovery and medical interpreter training;

• Greenfield Community College, $102,309 for certified nursing assistant and phlebotomy training;

• Holyoke Community College, $123,235 for paraeducator training;

• Massasoit Community College, $75,730 for EKG technician and phlebotomy training;

• Middlesex Community College, $124,870 for advanced manufacturing, pharmacy technician, and phlebotomy training;

• Mount Wachusett Community College, $99,282 for paraeducator training;

• Northern Essex Community College, $147,258 for certified nursing assistant and pharmacy technician training;

• North Shore Community College, $92,895 for dental assisting and central sterilization training; and

• Quinsigamond Community College, $106,183 for personal care aide training.

“As federal support for education declines, Massachusetts is charging forward, investing deeply in our community colleges and the students they uplift,” said state Sen. Jo Comerford, vice chair of the Senate Committee on Ways and Means. “These TRAIN grants demonstrate that our Commonwealth understands community colleges are not just classrooms — they are engines for equity, opportunity, and economic growth.”

Added William Heineman, president of North Shore Community College and chair of the Community College Council of Presidents, “thank you to the Healey-Driscoll administration and members of the Legislature for prioritizing TRAIN grants. These funds help the community colleges to support the Commonwealth’s workforce and strengthen the career pipeline.”

Health Care Healthcare News

A New Cancer Strategy

By Dr. Ana Stankovic

 

A new report from America’s Health Rankings found that 8.7% of adults in Massachusetts have previously been diagnosed with cancer, and the latest data from the Centers for Disease Control and Prevention show 34,503 cancer cases were reported in Massachusetts in 2022.

Costs related to this disease are expected to continue to rise. In fact, one in three people in the U.S. are affected by cancer, and about 2 million new cases of cancer are diagnosed each year.

The five-year survival rate for colorectal cancer when caught in its early stages is more than 90%, for example. At the most advanced stages, the five-year survival rate for this type of cancer is 13%, and treatment may result in long-term side effects.

“Designing a health benefits strategy for your workforce that includes enhanced coverage for cancer detection services and support for whole-person health can help employees and their families identify conditions early.”

A cancer diagnosis can impact people’s lives in many ways. Early cancer detection can play a key role in helping to improve health outcomes and lower healthcare costs.

Designing a health benefits strategy for your workforce that includes enhanced coverage for cancer detection services and support for whole-person health can help employees and their families identify conditions early.

The number of breast and colorectal cancer diagnoses in particular has been steadily rising since the mid-2000s. These cancers are also increasingly diagnosed at younger ages. Since the mid-2000s, the number of women with breast cancer diagnoses has also been steadily rising. In fact, breast cancer is now the most common type of cancer in the U.S.

By comparison, colon cancer diagnoses have increased in people aged 18-50 by 15% since 2004. In the same age group, colorectal cancer is now the leading cause of cancer deaths in men and the second leading cause of cancer deaths in women.

The annual cost of cancer care in the U.S. is expected to rise to $246 billion by 2030, a 34% increase since 2015. According to a recent report from the American Cancer Society, 80% of employers rate cancer as the top driver of their healthcare costs.

 

What Can Employers Do?

For employers, cancer can increase direct healthcare spending and also lead to indirect costs related to productivity and employee absenteeism. In fact, 39% of individuals with cancer and survivors say they missed more than three months of work due to their illness. Employees who become caregivers may also face challenges balancing work and caregiving.

Employers can support whole-person health for their workforces by offering cancer support services, encouraging clinically appropriate cancer screenings and detection services, and promoting healthier lifestyles.

As with many other health benefits, education may help improve understanding and usage of cancer detection services and help employees make the most of their health benefits.

In the U.S. at least 18% of cancers are related to excess body weight, physical inactivity, alcohol consumption, and poor nutrition, according to the American Cancer Society. Wellness programs may help encourage healthier lifestyle habits such as eating a balanced diet, maintaining a healthy weight, avoiding tobacco, limiting alcohol, and regular exercise, which may help lower the risk of certain cancers and other diseases.

Meanwhile, around 11% of screening mammograms result in additional diagnostic imaging, and 50% of colonoscopies detect polyps and result in more frequent follow-up screenings. Offering enhanced cancer detection benefits that go beyond standard preventive care may help lower healthcare costs for employees and may help improve health outcomes for employees by supporting early diagnosis.

While we may not be able to prevent all cancers, helping employees access preventive and diagnostic services and encouraging a healthier lifestyle may help drive better outcomes and lower costs.

 

Dr. Ana Stankovic is chief medical officer at UnitedHealthcare of New England.

Construction

From the Ground Up

Regenerative Design Group, a landscape architecture firm based in Greenfield, recently announced that the Massachusetts Healthy Soils Guide for Site Design and Construction is now live at masshealthysoils.org.

Developed by the Regenerative Design Group and its collaborators, with support from the Massachusetts Executive Office of Energy and Environmental Affairs, this online guide provides practical, site-specific strategies for protecting and enhancing soil health, as well as increasing carbon sequestration, throughout all phases of land development.

Soil health is vital to climate resilience, food security, and ecosystem function, but it’s often overlooked in conventional construction practices, both residential and commercial, said Rachel Lindsay, senior designer at Regenerative Design Group.

“Landscapes are the only element of the built environment that have the potential to provide ongoing carbon sequestration after the completion of a project,” she explained. “This guide provides clear, actionable guidance on how typical activities such as excavation or soil stockpiling can be adjusted to better protect and maximize the amount of soil organic carbon retained throughout the construction process.”

The Massachusetts Healthy Soils Action Plan (HSAP), the state’s first-in-the-nation framework for protecting and restoring soil function across all land uses, identifies soil organic carbon (SOC) as the cornerstone of healthy soil functions. The living carbon component of soil increases drought resilience, mitigates flooding, filters sediments and pollutants, and supports vigorous plant and tree growth.

Rachel Lindsay

Rachel Lindsay

“Preserving and enhancing healthy soils during the construction process may have the greatest positive impact on the long-term health of the soil and soil organic carbon accumulation over the life of the project.”

“Preserving and enhancing healthy soils during the construction process may have the greatest positive impact on the long-term health of the soil and soil organic carbon accumulation over the life of the project,” Lindsay said.

Every time soil is disturbed, SOC is transformed into carbon dioxide and lost back into the air. The building sector is the second-largest source of greenhouse gas emissions in Massachusetts, accounting for 35%.

The difference developers and construction professionals can make is significant: there is roughly twice the amount of land in turf and ornamental landscapes in Massachusetts as there is in agricultural land. Small shifts in design and management practices — such as planting 25% of open lawn with trees, and increasing organic matter content in the top eight inches of lawns to a minimum of 3% — could sequester an additional 180,000 tons of carbon dioxide equivalent per year, the same as taking over 38,000 gas-powered passenger vehicles off the road.

The Healthy Soils Guide for Site Design and Construction offers tools and strategies for implementing ‘soil-smart’ practices that improve healthy soil outcomes before, during, and after construction projects. The website also features access to the full HSAP, a curated resource library, events, and industry engagement and adaptation efforts. More than 360,000 additional acres of soil in Massachusetts may be impacted by development over the next 35 years, a critical period that could impact the trajectory of net carbon emissions in the state.

“This guide is designed to meet professionals where they are, whether they’re managing a construction site, developing soil specifications, or planning a resilient landscape,” Lindsay said. “It’s about making soil health easier to understand and implement across real-world projects.”

The guide is the result of a multi-firm collaboration led by Regenerative Design Group, Linnean Solutions, BSC Group, and Sasaki, with industry support from A.D. Makepeace, Read Custom Soils, and others. Funding was made possible through a $99,900 Healthy Soils Challenge Grant from the Massachusetts Executive Office of Energy and Environmental Affairs.

Regenerative Design Group is a worker-owned ecological design practice. Since 2009, it has advanced resilient communities and landscapes through regenerative design, planning, and nature-based solutions.

Home Improvement

Career Minded

 

 

Last week, the Healey-Driscoll administration awarded $24.2 million in Career Technical Initiative (CTI) implementation grants to 23 school districts to train 2,490 individuals for careers in high-demand occupations within the trades, construction, and manufacturing sectors across Massachusetts.

The CTI grant program partners with career and technical education schools to provide adult learners, especially unemployed and underemployed individuals from underserved populations and underrepresented groups, with career training and technical skills to meet the needs of Massachusetts employers.

Since 2023, the administration, in partnership with Commonwealth Corp., has awarded $53 million in CTI grants, projected to train more than 6,090 unemployed and underemployed individuals. Last week’s announcement launches the 10th cohort of CTI grants. Among nine awarded cohorts to date, roughly 4,400 total participants have received training, 3,150 participants have completed training, 3,100 have earned industry-recognized credentials, and 2,360 have secured employment.

“The CTI program opens doors for adult learners by providing the hands-on training they need to step into high-demand careers in construction, the trades, and manufacturing,” Gov. Maura Healey said. “With some of the best public career technical education schools in the country and strong employer partnerships, Massachusetts is positioned to prepare our residents for rewarding, lifelong careers.”

Lt. Gov. Kim Driscoll added that “these awards are a key part of our agenda to build a job-ready workforce for today and the future. By tapping into our world-class education system and investing in targeted job training, we’re growing the talent pipeline that employers across Massachusetts depend on to compete and thrive.”

The Executive Office of Labor and Workforce Development (EOLWD) oversees the CTI program, which is administered by Commonwealth Corp., a quasi-public agency of EOLWD. In partnership with the Executive Office of Education, CTI aims to transforms career and technical education schools across the state to become ‘career technical institutes’ that run three shifts a day for skill-building programs in the trades, construction, and manufacturing career pathways. The latest $24.2 million awarded focuses on job training for adult learners participating in the evening hours, or third shift.

Lauren Jones

Lauren Jones

“By leveraging available resources at career and technical education schools across Massachusetts, we are opening more opportunities to help train and prepare untapped talent for current workforce demands.”

“By leveraging available resources at career and technical education schools across Massachusetts, we are opening more opportunities to help train and prepare untapped talent for current workforce demands,” Secretary of Labor and Workforce Development Lauren Jones said. “This program is a great example of the collaborative efforts needed to build our workforce. We appreciate the partnership with career and technical education schools, MassHire Regional Workforce Boards and career centers, businesses, and labor for paving the way for more job seekers to gain meaningful skills and employment in Massachusetts.”

Three of the awards involve schools in Western Mass.:

• Franklin County Technical School in Turners Falls will receive $2,219,375 to provide training to 216 participants for auto tech, building maintenance, carpentry, electrical, horticulture, plumbing, and welding positions.

The school will partner with Ames Electrical Consulting, National Grid, Crocker Electrical Services, Indie Automotive, Harrison Diesel Solutions, Cherry Rum Automotive, Built for the East Offroad, Grass Roots Landscaping LLC, Pioneer Gardens Inc., Snow & Sons Landscaping, Sugarloaf Gardens, Champion Tree and Lawn Care, Franklin County Regional Housing and Redevelopment Authority, Doyle Properties, Ironworkers Local 7, Winchester Precision Technologies, SMART Local #63 Joint Apprenticeship and Training Center, Sheet Metal Workers Local 63, Sandri Energy, Mike Woodard Plumbing, Carpenters Local 336 North Atlantic States Regional Council of Carpenters, Mowry & Schmidt Inc., Fine Line Builders, Neal Leno Carpentry, Ron Grogan Homebuilder, and Salmon Falls Builders.

• Pathfinder Regional Vocational Technical High School in Palmer will receive $730,000 to provide training to 72 participants for CNC Machine operator, electrician, and plumbing positions. It will partner with Viant, Sanderson MacLeod, Knight Machine, B&R Machine, IMI Adaptas, Noonan Energy, NBE, KACO, PVE, EWS, and Aquarius.

• Smith Vocational and Agricultural High School in Northampton will receive $479,998 to provide training to 60 participants for culinary arts positions. It will partner with Snapchef, Tosca, Smith College Dining Services, Atkins Farms, River Valley Co-Op, Pete’s Sweets, Ana Bandeira Chocolates, and Hungry Ghost Bread.

“With this investment in career technical education, we are creating more pathways for adult learners to gain the skills and experience needed to enter high-demand industries like the trades, construction, and manufacturing,” Education Secretary Patrick Tutwiler said. “I’m grateful to our schools and employer partners whose collaboration is helping to expand access to career-connected learning and grow our state’s workforce.”

Added Tom Hooper, vice president of Sector Strategies at Commonwealth Corp., “vocational schools across Massachusetts continue to be the backbone of the Career Technical Initiative, delivering hands-on, high-quality training in critical industries like construction, manufacturing, and the skilled trades. Their leadership and commitment are essential to building the talent pipelines our workforce needs to thrive.”

Law Special Coverage

Can I Fire Someone for That?

By Michael Lewis, Esq.

Employers regularly wonder: “can I fire someone for that?” You might assume the answer is simple, especially in an at-will state like Massachusetts. But the reality is more complex. Missteps can land your business in court. Here’s how to avoid them and keep your company focused on growth, not litigation.

 

Myth: At-will Means Any Reason Goes

At-will employment allows termination without contractual cause. Yet, anti-discrimination laws and retaliation protections still apply. Even a valid reason, like poor performance, becomes risky if the employee recently complained about harassment, requested an accommodation, or reported a safety issue. Terminating soon after a complaint invites legal trouble.

For example, you want to fire Sarah for repeated tardiness. But what if she reported sexual harassment a few weeks earlier? Timing alone can create exposure. So document performance issues as they arise.

Also, check if the employee recently returned from Family and Medical Leave (FMLA) or Paid Family and Medical Leave (PFML). A Springfield auto repair shop faced a claim after firing a worker the day after he returned from PFML to care for his newborn. The company blamed tardiness, but the timing triggered months of legal headaches.

Michael Lewis

Michael Lewis

“At-will employment allows termination without contractual cause. Yet, anti-discrimination laws and retaliation protections still apply. Even a valid reason, like poor performance, becomes risky if the employee recently complained about harassment, requested an accommodation, or reported a safety issue.”

Myth: No Documentation Needed

Some employers assume that no paperwork is necessary under at-will rules. That approach creates unnecessary risk. Without records, even lawful firings appear questionable. Weak evidence damages credibility.

Imagine Tom, a low performer who never received formal feedback. If you fire him after years of positive reviews, expect scrutiny. Always provide timely written warnings and accurate performance evaluations. Keep emails, attendance records, and coaching notes. Would your records persuade a jury that the termination was justified?

 

Myth: We Treated Everyone Fairly

Fair treatment requires consistency. If one employee is fired and another is only warned for the same violation, questions follow.

Consider two salespeople, Mike and Jose, both caught inflating sales numbers. Mike receives a warning. Jose gets fired. If Jose claims racial bias, inconsistent discipline strengthens his argument. Review prior disciplinary decisions. Can you show a clear record of equal treatment?

 

Myth: We Can Share the Reason Widely

Managers sometimes explain a termination too broadly, believing transparency protects the company. In reality, public disclosure creates legal risk.

An employee fired for theft sued his employer after leadership announced it to the entire staff. Even truthful statements, shared excessively or with ill will, can spark defamation claims. A local example: a Chicopee retailer emailed all employees, naming a worker fired for alleged cash shortages. That email became exhibit A in court. Limit disclosure to those who truly need to know.

 

Avoiding Retaliation Claims

Retaliation is the most common Equal Employment Opportunity Commission claim. Firing someone after they complain about discrimination, request leave, or raise pay concerns often leads to lawsuits. Subtle actions can count, too — cutting hours, assigning undesirable shifts, or excluding them from meetings.

Did Lisa report a wage issue last week? If she now gets the worst shifts, her attorney will call it punishment. Train managers to pause and ask: “does this look like payback?” In one Springfield restaurant, a server who complained about tips was fired days later for “attitude.” The Massachusetts Commission Against Discrimination viewed the timing as retaliation, and the case settled quickly.

 

Managing the Termination Meeting Professionally

How you fire someone matters. Keep the meeting short and calm. Speak plainly. Avoid debate. Bring a neutral witness, usually HR. Disable system access and collect company property immediately. For remote workers, coordinate IT to end access during the call.

Have you prepared your team to stay composed when an employee gets angry or upset? A concise, professional exit reduces emotion and litigation risk.

“You can prevent most legal problems with proactive steps. Train managers to document consistently. Encourage employees to raise concerns early, and respond appropriately when they do.”

Reducing Risks Before They Occur

You can prevent most legal problems with proactive steps. Train managers to document consistently. Encourage employees to raise concerns early, and respond appropriately when they do.

Also, follow Massachusetts requirements: final wages and accrued vacation must be paid promptly, sometimes the same day. Missing or delaying a payment can trigger penalties. Review whether your managers apply standards uniformly. Track disciplinary trends by department or supervisor. In one Holyoke warehouse, inconsistent discipline across shifts led to multiple claims that could have been avoided with routine audits.

 

Quick Pre-termination Checklist

• Document the issue in writing.

• Confirm whether the employee recently exercised protected rights (complaint, FMLA, PFML, workers’ compensation).

• Ensure similar cases were handled consistently.

• Complete a fair investigation and allow the employee to respond.

• Prepare final pay and unused vacation in compliance with Massachusetts law.

 

Bottom Line

Employee terminations happen. Legal trouble does not have to. Careful documentation, consistent actions, and thoughtful communication protect your business. Before acting, stop and ask: “have we done this right?”

Taking these steps helps you confidently answer, “can I fire someone for that?” That answer should never rest on guesswork.

 

Michael Lewis is an attorney at the Royal Law Firm who helps employers resolve workplace challenges. He counsels and defends businesses across Massachusetts and Connecticut, handling matters involving discrimination, harassment, retaliation, wage and hour claims, restrictive covenants, and breach of contract. His practice includes litigation in state and federal courts and before administrative agencies.

Education

Leading the Way

Educators gather at the professional development kickoff at the Massachusetts Technology Collaborative campus in Westborough.

Educators gather at the professional development kickoff at the Massachusetts Technology Collaborative campus in Westborough.

The Healey-Driscoll administration recently partnered with Project Lead The Way (PLTW) to launch Future Ready: AI in the Classroom. Through a $135,000 investment, this professional development pilot will support teachers in 45 classrooms, estimating to reach more than 1,600 students, and is designed to provide high school educators with the tools, knowledge, network to bring artificial intelligence (AI) into their classrooms.

This experience is jointly funded through the administration’s STEM Advisory Council and the Massachusetts AI Hub and will be administered by PLTW. Organizers say this pilot marks an important step in expanding access to AI learning opportunities for students and educators across the state.

“Massachusetts has long been a global leader in both technological innovation and education,” Gov. Maura Healey said. “With this pilot, we are building on that success, providing our teachers with the skills and tools so they can support the next generation and ensure Massachusetts remains a global leader in applied AI.”

Lt. Gov. Kim Driscoll added that “our administration knows AI is a transformative technology that is already reshaping how we live and learn. Through this pilot, we’re giving educators the foundation they need to navigate this new era with confidence, fueling workforce readiness and expanding opportunity for students.”

This year-long, 50-hour professional development experience kicked off at the Massachusetts Technology Collaborative campus in Westborough, where participants engaged in curriculum design workshops, peer collaboration sessions, and targeted mini-trainings. This first experience aimed to create a professional learning community that fosters innovation and shared best practices. The program introduced educators to the fundamentals of AI, explored ethical and responsible classroom applications, and facilitated ongoing collaboration with industry experts and peers throughout the academic year.

“As a former teacher, I know how important professional development is, especially in an ever-changing world. This pilot helps turn possibility into practice,” Education Secretary Patrick Tutwiler said. “By investing in our educators and grounding their work in ethical, real-world AI applications, we’re making sure our students are not just consumers of technology, but future leaders in it.”

Interim Secretary of Economic Development Ashley Stolba added that “Massachusetts is uniquely positioned to lead in the responsible and innovative use of artificial intelligence. This pilot reflects our forward-looking approach, aligned with the vision of the Massachusetts AI Hub. By investing in educators today, we ensure our students are prepared to shape the innovations of tomorrow. Supporting this kind of early, hands-on learning helps build the talent pipeline that will drive our future economy.”

Technology Services and Security Secretary Jason Snyder related how, as a young student interested in computer science, having passionate and experienced teachers as mentors was transformational. “This pilot helps ensure that our next generation of students in Massachusetts learn the fundamentals of data and AI literacy, and that our educators are empowered to lead with confidence and instill emerging technology proactively, in classrooms all over the state.”

“Through this pilot, we’re giving educators the foundation they need to navigate this new era with confidence, fueling workforce readiness and expanding opportunity for students.”

The pilot is a cornerstone of the Massachusetts AI Hub’s mission to position the state as a global leader in applied and ethical AI. Future Ready: AI in the Classroom is the first in a series of educator-focused initiatives aligned with the Hub’s education and workforce development strategy, ensuring that students across Massachusetts are not only prepared for the future of innovation, but are actively shaping it. The pilot program also advances the goals of the Massachusetts STEM Advisory Council by strengthening STEM education and supporting educators with a network of STEM resources.

“Artificial intelligence has the potential to expand access to information and unlock new learning opportunities for students across Massachusetts,” Massachusetts AI Hub Executive Director Sabrina Mansur said. “With this pilot program, our state will be able to empower teachers to incorporate the benefits of AI in student education. Ultimately, our goal is to create a strong pipeline of talent who understand how to use AI to build a stronger economy.”

David Dimmett, president and CEO of PLTW, noted that “we believe in empowering students to become the innovators and problem solvers of tomorrow. This partnership with Massachusetts represents exactly the kind of forward-thinking approach we need to prepare educators and students for an AI-driven future. By providing teachers with hands-on, project-based AI learning experiences, we’re ensuring that students don’t just understand artificial intelligence — they learn to harness it as a tool for creativity and innovation. This pilot will serve as a model for how we can scale AI literacy across the U.S.”

The launch of the pilot reflects a broader, coordinated effort across Massachusetts state government to harness AI’s potential in a way that is forward-thinking, inclusive, and impactful. It follows the work of the Massachusetts AI Strategic Task Force, established by Healey in 2024 to chart a path for AI adoption, talent development, and economic growth. The task force’s recommendations directly informed the creation of the AI Hub and highlighted the need for strong partnerships between government, industry, and academia. The administration also invested $100 million through the Mass Leads Act to support AI innovation at scale and strengthen Massachusetts’ global leadership in AI.

In K-12 education specifically, the Department of Elementary and Secondary Education (DESE) is also leading efforts to support educators as access to AI increases. Through a partnership with the International Society for Technology in Education and the Assoc. for Supervision and Curriculum Development, DESE convened a K-12 AI task force focused on developing recommendations to support school communities in their use of AI. This task force produced a multi-year AI roadmap focused on AI literacy, student data privacy, and educator preparation.

Law

High Stakes

By Scott Foster, Esq.

 

The Massachusetts House of Representatives recently unanimously adopted House Bill 4206 (HR4206), which would introduce fundamental changes in how the Massachusetts cannabis industry is regulated and managed. These changes include:

• A complete overhaul of the structure of the Cannabis Control Commission (CCC), moving from five full-time commissioners appointed by the governor, the attorney general, and the state treasurer to three commissioners in total, each of whom is appointed by the governor acting alone, with only the chair serving in a full-time capacity;

• Increasing the number of retail licenses under common control from three to six, potentially paving the way for increased consolidation in the market but also allowing early entrants to sell their business to multi-state operators and realize a significant gain on their investment of time and money;

• Legalizing CBD gummies, hemp-infused beverages, and other CBD edibles, while clearly controlling the manufacture, distribution, and sales of these products; and

• Opening the door a bit wider for employee stock ownership plans, which allow employees to potentially realize significant retirement benefits from long-term employment while also saving on taxes.

Two significant changes are also a bit ‘half-baked’ at the moment, and the Massachusetts Senate could provide more clarity on the implementation of these changes when it begins deliberations.

Currently, no individual or entity can own more than 10% of more than three licenses per category (e.g., retail, manufacturing, and cultivation). HR4206 appears to increase that threshold to 35% by exempting “any person or entity that possesses a financial interest in the form of equity in a license of less than 35%” from these license caps.

However, HR4206 leaves in place the definition of a ‘controlling person,’ which includes “any individual who has a financial or voting interest of 10% or greater.” Under the current regulations, an individual cannot be a controlling person over more than three licenses per category. The Senate has the opportunity to reconcile these seemingly contradictory provisions.

HR4206 also proposes a new delinquency reporting system that mirrors that which the Alcohol Beverages Control Commission has in place with respect to alcohol sales in the Commonwealth.

Going forward, no marijuana establishment will be able to offer credit terms to another marijuana establishment of more than 60 days from the delivery of products. If a purchasing establishment does not pay its invoice within these 60 days, the selling establishment is required to notify the CCC of this non-payment within three days, at which point the CCC reviews the situation and will post the name of the delinquent establishment on a newly created ‘delinquency report.’

At that point, no other selling establishment will be able to offer the delinquent establishment any credit terms, and all future purchases must be paid in advance or cash on delivery. Further, the CCC will not process any change of control applications for the delinquent establishment until the past due amounts have been settled.

While this may sound reasonable, the reality is that a large number — some believe a majority — of the current establishments have accounts payable over 60 days. Since HR4206 does not explicitly apply retroactively, these currently overdue accounts would not be considered delinquent.

This raises multiple issues regarding the future allocation of payments, such as whether a future payment applies to the oldest invoice or the most recent invoice, and whether the purchaser can specify to which invoice a future payment should be applied.

Hopefully, the Senate will consider the nuances of these significant changes and provide the necessary clarity before the bill is finalized. Either way, given the broad support already seen for overhauling the current statute, cannabis businesses (and their lawyers) should be on alert for a significant shift in how they operate.

 

Scott Foster is a partner at Bulkley Richardson in Springfield; (413) 272-6258; [email protected]

Special Coverage Workforce Development

Focus on the Future

Executive Director Todd Gazda

Executive Director Todd Gazda

“Everyone is a learner.”

Those are the words used on marketing materials for the Collaborative for Educational Services (CES), one of 24 such collaboratives in Massachusetts and arguably the most robust when it comes to programming.

“We’re kind of different than the other 23,” Executive Director Todd Gazda told BusinessWest. “The other 23 collaboratives really focus on special education and direct services to students — autism programs or behavior programs or programs for students with developmental delays, situations where their regular public school district doesn’t have the capacity to effectively meet their needs and they are looking an out-of-district placement.

“What happens is the districts get together and form a collaborative to pool resources and work in a manner that supports maximizing resources,” he explained. “One school district may be too small to apply for a grant, but if the collaborative pulls together three or four or five districts, then they can help coordinate what happens.”

CES does some of that too, and also runs two programs that provide direct services to students: HEC Academy, a special education school in Northampton, and Mount Tom Academy on the Holyoke Community College campus, which serves non-traditional students who, for whatever reason, are having difficulty succeeding in a regular public school setting and need more personalized instruction and support.

“We’ve seen incredible success for the students who attend both of those programs,” Gazda noted.

That said, he added, the Collaborative for Educational Services is much broader than that. For one thing, it runs statewide programs; as one example, for the past 15 years, it has provided all educational programming for the Department of Youth Services (DYS).

“So, for every youth lock-up in the state of Massachusetts, we run the schools. We hire the teachers, we do the curriculum, and it’s just like a regular public school setting.”

CES also provides special education in institutional settings, from DYS to Department of Mental Health programs to county houses of correction. Other statewide services include the Massachusetts Migrant Education Program, which connects migrant youth and their families with services and supports, and the Special Education Surrogate Parent Program, which connects special-education advocates with students whose parents, for whatever reason, aren’t in the picture.

“One of the areas that we’ve really gotten into recently is AI — how do we support districts as they seek to kind of adapt to AI and its use in schools and its use in instruction, and how do we effectively utilize it to support learning in the classroom?”

CES also does a lot of consulting and professional-development work statewide for teachers, schools, and districts, running the gamut from curriculum development to strategic planning.

“One of the areas that we’ve really gotten into recently is AI — how do we support districts as they seek to kind of adapt to AI and its use in schools and its use in instruction, and how do we effectively utilize it to support learning in the classroom?” Gazda explained. “That’s been a big area of growth for us.

“We’ve also done quite a bit of work helping districts navigate difficult conversations. There may be an incident in a school district that creates an emotionally charged atmosphere; we’ll go in and facilitate listening sessions and focus groups and pull people together to help bridge those differences so that people can have thoughtful conversations about their differences. We’ve been doing that work across the Commonwealth as well.”

CES also has an Early Childhood division that serves students “from cradle to career,” Gazda said — from pre-K education all the way up through internship programs to help link them to careers.

“Early Childhood, again, works statewide with school districts, helping them build more robust preschool programs and provide good services to their preschool students,” he explained, adding that other CES programs deal in community wellness, local food policy, and substance-abuse awareness and prevention.

 

Career Goals

One particularly robust element of the collaborative’s services is its workforce development programs.

“We partner with school districts, and they plan and implement a variety of workforce and career development programs for students — skills trainings, career development, helping students create and refine résumés, interviewing skills,” Gazda said. “These are all things we work on with our member districts to help students so, as they look to go into the workforce or prepare for a career, they have this skill set.”

One of those initiatives has been a paid STEM internship program, helping students prepare for careers in science, technology, engineering, and math. Since 2018, the program has placed 265 students in good-paying internships across 28 Western Mass. school districts.

“These are high-school kids who literally get paid to do work in businesses. It’s a leg up for the kids, but it’s also a leg up for local businesses, particularly those in the STEM fields, because it gives them an opportunity to train these students and generate a future workforce for them. It’s a win for everybody.”

While providing support for students in its local districts, as all such collaboratives do, CES also runs statewide programs.

While providing support for students in its local districts, as all such collaboratives do, CES also runs statewide programs.

Placements, typically for between 100 and 270 hours, are typically done over the summer when students have more time and opportunity. The fields include biomedical engineering, molecular biology, biotechnology, biochemistry, polymer science, neuroscience, oncology, nursing, and other fields within the STEM realm.

“They have paid stipends at the state minimum hourly wage or higher,” Gazda noted. “And they get training and support in researching, communicating, interview preparation, cover letter and résumé writing, and internship performance reviews. They gain professional and scientific experience, and they gain references to support college applications and job applications.”

The STEM program has grown from serving 30 students in 2018 to 69 last year, and 98% of participants complete their internships. Those results aren’t a matter of luck, Gazda said.

“There’s a lot of work that goes into matching the student with the employer in the correct field to get that kind of a completion rate. So it’s a good fit,” he noted, adding that, since 2018, the program has served 28 school districts in Western Mass., with 60 employers hosting student interns.

Funding has come from a variety of sources, but the biggest and longest supporter is the Massachusetts Life Sciences Center (MLSC), which supports internships of up to 270 hours.

“We can coordinate with MLSC to pay for 19 placements at UMass Amherst,” he said. “In 2024, the Massachusetts Executive Office of Education’s STEM-focused internship program funded 47 internships and a portion of our director’s salary. Community partners supported three internships, and a private donor in Hadley supported three internships. And we were able to secure private donor funding to support 41 students this summer with paid internships.”

Finding the finances to support this work is always a challenge, Gazda said.

“The problem is uncertainty at the federal level, which is leading to changes in state funding priorities,” he noted. “The Executive Office of Education is no longer offering funding under the STEM internship program, and the Massachusetts Life Sciences Center is reducing its support for student stipends as well. So this is where we find ourselves — in kind of a state of flux, funding-wise.”

CES, founded in 1974 and now the largest collaborative in Massachusetts by membership, geographic size, and revenue — around $39 million last year — gets funding from grants, contracts, and fees for service. But much of its money filters through the state or federal government in some way, meaning it’s vulnerable to the spending cuts happening in Washington`.

“If we run short, I can’t go back to a town and say, ‘we need more money.’ It just doesn’t work that way. We’ve got to earn and raise and generate revenue to support all of the different programming that we do to support our districts,” Gazda said.

“These are high-school kids who literally get paid to do work in businesses. It’s a leg up for the kids, but it’s also a leg up for local businesses, particularly those in the STEM fields, because it gives them an opportunity to train these students and generate a future workforce for them. It’s a win for everybody.”

“Typically, when you have a lot of grant-funded programs, there’s always a certain amount of trepidation about when that grant is going to end. Will you get another one? Will it be extended? And now, that’s kind of heightened by that additional question regarding anything directly from the federal government: are they going to cut it off with no warning?”

He certainly hopes not, noting that the internship programs have no real downside, for either the students or the businesses.

“The employer business partners who host school STEM interns enjoy the re-energizing benefits of mentorship and the additional support to complete certain projects. Employers are given a seat at the table in creating a pipeline of future researchers and workers,” he told BusinessWest. “Having an educated workforce is critical for our business community to thrive, and this is one vehicle whereby we can help make it happen.”

 

Revenue Questions

Gazda was superintendent of schools in Ludlow for nine years and has been working for 24 years in public education. Before that, he was an attorney, doing corporate litigation in New York City.

“I just came to the realization that wasn’t the job I wanted or the life I wanted to live. So I moved back home to Western Mass. and became an eighth-grade history teacher,” he recalled. “It was a little scary making that switch, but I’ve never regretted it once.”

The Ludlow district belongs to the Lower Pioneer Valley Educational Collaborative, the only other collaborative in Western Mass. It primarily runs special education programs, as well as a vocational school. “So it’s a slightly different type of collaborative and more in line with the other collaboratives across the state.”

At CES, Gazda has broadened his focus, applying lessons from the classroom and public school administration to an agency that is doing impactful work across a much wider playing field.

“It is a lot, and trying to keep all those moving parts going, particularly in this fiscal environment, has created challenges for the organization,” he noted, adding that the financial challenges aren’t new. “The pandemic really shook things up, and we’re seeing the results of uncertain finances in districts across the state where they’re being forced to adjust to declining student populations, less revenues, and increased expenses. So there’s a ripple effect that creates the system that we have to work within.”

Still, he remains optimistic, and focused on the work. “We continue to monitor the situation in order to be ready to respond to whatever happens to come next.”

In other words, keep on learning, always with an eye on the future.

Opinion

Opinion

By Michelle Schutt

We recently celebrated National Community College Month in April, a great time to reflect on what makes Greenfield Community College — and all community colleges — so special.

Did you know that 46% of all college students in Massachusetts attend community college? This remarkable statistic shows just how powerful community colleges are in helping students attain goals otherwise not possible, changing the trajectory of their careers and lives. Here are just a few of the ways GCC is supporting our region and beyond.

Graduates of community colleges increase their earnings significantly, with the average graduate earning nearly $10,000 more per year than their peers without a degree. Community colleges also serve as an onramp to higher-level degrees for many students, and particularly for the most demographically and socioeconomically diverse students. Approximately 45% of GCC graduates go on to subsequent education, illustrating the college’s effectiveness in providing further education pathways, better career outcomes, and more prosperity throughout our region and beyond.

Our graduates help build a highly educated and skilled workforce, which in turn contributes to stronger local economies and vibrant, resilient communities. As a primary educational institution for healthcare professionals, first responders, educators, business owners, tradespeople, and public servants, our skilled graduates provide essential services that we all count on. And by training more than 400 individuals per year through our workforce development programs, we are meeting workforce needs of many large and small employers throughout the region.

GCC also serves as a hub for community engagement and intergenerational initiatives in Franklin County, hosting close to 100 events each year, including workshops, cultural programs, and public lectures. These activities foster community involvement and promote lifelong learning among residents. Participants bring diverse perspectives and experiences to their communities, contributing to cultural enrichment and fostering a greater appreciation for the arts, sciences, and civic discourse.

Everywhere I go, I am told by current and former students that choosing to go to GCC has been one of the best decisions they ever made. And now, thanks to Massachusetts’ new free community college programs, enrollment has increased 31% since 2022.

We are nonpartisan in our mission to provide accessible, affordable education that can transform lives. The threads of Greenfield Community College run through every corner of our community — whether it’s businesses that are thriving because of our students and employees, the families whose lives are being uplifted, or the connections we’re making every day. We’re all in this together, and that’s something we can be incredibly proud of.

I extend my heartfelt gratitude for the work of the staff, faculty, and students who help change family trees and build brighter futures for everyone.

 

Michelle Schutt is president of Greenfield Community College.

Law

Good Advice for Employers

By Trevor Brice, Esq.

 

On July 31, 2024, Massachusetts Gov. Maura Healey signed into law “An Act Relative to Salary Range Transparency” in an effort to increase equity and transparency in pay in the Commonwealth. The act puts different requirements on Massachusetts employers depending on the size of their organization.

By signing the act into law, Massachusetts joins 19 other state efforts to bring transparency to job applicants and current employees when it comes to pay in their applied-for and current roles. The states that already have such laws in place include Alaska, California, Colorado, Connecticut, Hawaii, Illinois, Kentucky, Maine, Maryland, Missouri, Montana, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.

While other states have different requirements regarding pay transparency, Massachusetts has its own set of requirements that must be followed, and employers must be aware of these requirements when posting positions during their hiring seasons.

 

Who Must File EEO-1 Reports

As of Feb. 1, 2025, Massachusetts employers with 100 or more employees who are subject to federal filing requirements must submit their most recent EEO-1 reports that were filed with the Equal Employment Opportunity Commission (EEOC) through the Office of the Secretary of the Commonwealth of Massachusetts. Employers having this requirement must submit the EEO-1 reports through an online portal, which started to accept these reports on Feb. 3 in PDF, JPEG, or PNG format.

Trevor Brice

Trevor Brice

“By signing the act into law, Massachusetts joins 19 other state efforts to bring transparency to job applicants and current employees when it comes to pay in their applied-for and current roles.”

The Commonwealth has provided clarification that information on ‘Component 2’ of the EEO-1 form that has not been collected by the federal government since 2018 is not required to be provided. This information would include W-2 income earnings data by race/ethnicity, sex, and job category. By this clarification, the state is mirroring current EEOC requirements as to the EEO-1. However, this information could be required in the future if the EEOC again requires it to be submitted.

 

Who Must Disclose Wage Ranges for Positions

Starting Oct. 29, 2025, the act requires employers with 25 or more employees to disclose wage ranges in job posts to applicants and to current employees upon request. If a current employee requests a wage range for a position, they are protected under the act from being retaliated against due to this request, and employees have an individual right to sue for retaliation.

The penalties for employers that do not disclose pay ranges (or do not submit EEO-1 reports as required above), are a warning for the first offense, a fine of not more than $500 for the second offense, and a fine of not more than $1,000 for the third offense; a fourth and any subsequent offense can be subject to civil citations. Within the first two years (until Oct. 29, 2027), employers are granted a two-business-day grace period to cure a violation before a fine is imposed.

The wage range that must be disclosed for employers meeting the above requirements is the annual salary range or hourly wage range that the employer reasonably and in good faith expects to pay for the position at the time of the job posting. This wage range does not include an obligation to provide a range as to other forms of compensation than base salary or hourly wages, such as bonuses, commissions, deferred compensation, stock options, or other forms of equity or benefits.

A ‘posting’ is any advertisement or job posting intended to recruit job applicants for a particular or specific employment position, whether directly or indirectly through a third party, such as a recruiter. Employers must provide the same information to an internal employee who is offered a promotion or transferred to a new position with different job responsibilities.

 

Takeaways

The act, while applying only to larger employers, does impose strict penalties for non-compliance and an individual right to sue for employees who feel they have been retaliated against for inquiring into a wage range. To get ahead of the disclosure requirement of the act, employers should be pulling together ranges for salary and hourly pay of all positions.

The act does provide a safe harbor for employers that have undertaken a reasonable analysis of the wages connected with a position in the last three years and either remedied the issues or didn’t identify any issues. As with any analysis, however, an employer’s analysis of pay can become public record, so employers should undertake this effort under the direction of counsel to help maintain privilege and prevent the analysis from being discoverable by the state, federal government, or private litigants.

Employers should also make active efforts to educate their management as to the retaliation provision of the act in order to avoid potential litigation.

 

Trevor Brice is an attorney who specializes in labor and employment-law matters at the Royal Law Firm LLP, a woman-owned, women-managed corporate law firm that is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council.

Features Special Coverage

State of the Bay State

 

“The success of Massachusetts’ economy has historically been driven by a number of key strengths: a strong quality of life, an educated and engaged workforce, and economic sectors that adapt to changing conditions and are at the vanguard of innovation. However, these strengths are no longer as unique to Massachusetts, nor are they guaranteed to continue in perpetuity, and in recent years, national demographic shifts and increased mobility for people and employers have threatened to degrade Massachusetts’ competitive edge when attracting residents, businesses, and investment.”

 

That’s the introductory, summary paragraph in a note from the Massachusetts Taxpayers Assoc. (MTF) as it introduced something it calls its Competitive Index, which was first released last fall and will now be conducted annually. And it effectively sets the tone for the document, which compiled 26 different metrics — from grade-8 math test scores to energy costs; from international migration to commute time — that clearly and concisely measure how the Bay State is stacking up. (The full report can be found at masstaxpayers.org.)

The bottom line is that is that, while the state still has several strong attributes, it is not as competitive as it has been historically. Or, put another way, other states, such as California, Florida, North Carolina, and Texas, have become more competitive. And now, thanks to the pandemic and the advent of remote work, it has more competitors, including other New England states.

“Massachusetts has a number of real strengths; the fact that we are the most highly educated state in the nation and have been for a long time, the fact that we have the best K-12 school system, at least on average, and higher education is such a strength, bodes well for us,” MTF President Doug Howgate told BusinessWest. “But at the same time, there are lot of things that we can and do need to do better — we’re either lagging behind the standards we’ve set for ourselves, or we’re lagging behind other states.”

“One of the reasons why we wanted to look into some of these issues within the competitive index is that, during the pandemic, we started to see that location choices became a little more flexible — not for everyone, but for some people,” he went on. “And that has real impacts for the long-standing proposition that Massachusetts has for its residents in terms of what you gain from living here and what the costs are.

“There are lot of things that we can and do need to do better — we’re either lagging behind the standards we’ve set for ourselves, or we’re lagging behind other states.”

“If people became a little less sticky and had a little more ability to move around — the same with employers — was that going to be a competitive advantage or disadvantage for Massachusetts?” he continued. “And at least in the very short term, it appeared to be a net competitive disadvantage as we saw these big surges in domestic outmigration — not everywhere, but certainly in higher-cost areas.”

Since the release of the report, compiled with researchers at the UMass Donohue Institute and with the support of the Massachusetts Competitive Partnership, it has been the subject of discussion and debate — about what the state has lost when it comes to its historic competitive edge, to whom it has lost that edge, and, perhaps most importantly, how it might get that edge back.

Howgate has spoken at several forums about the Competitive Index and the issues related to it, including the Outlook lunch staged by the Springfield Regional Chamber earlier this month.

Doug Howgate

Doug Howgate

“If people became a little less sticky and had a little more ability to move around — the same with employers — was that going to be a competitive advantage or disadvantage for Massachusetts?”

At those forums, and in a wide-ranging interview with BusinessWest, he stressed that the Commonwealth can no longer take its historic advantages — and, again, there are several, from educational attainment to its ability to attract international immigrants — for granted, because other states are gaining ground in those realms.

In the meantime, several factors, such as the rising cost of everything from housing to energy to childcare, as well as the so-called ‘millionaire’s tax’ and the rise of remote work, have contributed to the state losing population — and talent — to other states, although some, if not most, of these losses have been made up through international immigration.

As he talked about the index and what the numbers mean, Howgate said it suggests at least five key areas for policy focus: creating a competitive roadmap, stemming outmigration, growing the labor force, incorporating cost considerations into policy conversations, and fostering and supporting the relationship between the state’s education system and the economy.

We’ll get into each in more detail as we examine the Competitive Index and how it serves as a call to action as the state, which is still very competitive when it comes to businesses, jobs, and talent, faces the hard reality that it must take steps to remain that way.

Moving Targets

As he sliced through the numbers in the index, Howgate reiterated that the Commonwealth still has several competitive strengths.

Indeed, it is ranked at or near the top in such areas as population age 25 and over with a bachelor’s degree or higher, average weekly wage, research and development funding as a share of gross state product, and even life expectancy at birth.

But these strengths are counter-balanced by many weaknesses, with the state ranked at or near the bottom nationally in income inequality, energy costs, overall cost of living, commute time, childcare costs, housing cost burden, and even average unemployment insurance tax amount per covered employee.

In many ways, these weaknesses are now taking their toll, and this is showing up in domestic migration, with the state losing workers to regional competitors such as Maine and New Hampshire, and especially Florida, California, and New York.

This disconcerting trend is what prompted MTF to “look under the hood,” as Howgate put it, and determine if and where the state was losing some of its edge.

“We started looking at questions related to where are we a leader or a laggard, and a lot of the places where we’re a laggard are places where the costs are borne by wealthy folks,” he said, referring to the millionaire’s tax but also other factors. “But also, a lot of the costs make it a challenging place to live for working families, which is another huge challenge for the Commonwealth moving forward.

“What we talk about in the report is that people are more sensitive to cost than they used to be,” he went on. “So that heightens some of our long-standing competitive disadvantages. The fact that childcare costs are higher, housing costs are higher, unemployment insurance taxes … we continue to fare very poorly in those areas, and they’re at the core of where people can afford to live.”

Statistics show that, while outmigration is occurring most in the higher income brackets, especially $250,000 in annual income and above, it is also happening with other groups, such as those in the $75,000-$100,000 range, said Howgate, adding that this speaks to, respectively, people who can afford to relocate and those who can’t afford to stay. And in both cases, the trends started before the pandemic.

“And the factor that’s kind of marbled throughout that is that we’re seeing increasing evidence that it’s our younger professionals who are leaving,” he said, adding that this reality has deep ramifications for the Commonwealth and its businesses, large and small.

Meanwhile, he acknowledged that this challenge does in some ways present opportunities for this part of the state, where some of these costs, especially housing and childcare, are not as burdensome.

Indeed, opportunities exist to convince people, and even businesses, to move to different parts of the Commonwealth rather than to another state, he said, adding that, due in large part to remote work possibilities, some areas, such as the Cape and the Berkshires, are gaining population.

 

Behind the Numbers

Howgate noted that one of the many lessons from the pandemic, a once-in-a-lifetime happening that altered many aspects of life, is that things can change quickly.

“Just like you don’t want to assume that things are going to go right back to the way they were before the pandemic in a couple of months or a couple of years, you also don’t want to assume that the way things looked in June of 2023 is what they’re going to look like forever,” he told BusinessWest. “One of the points with the competitiveness index is to say that, as we find a new normal — and what ‘normal’ is is always changing — how do we start to create these baselines for ourselves about what we’re doing well and not doing well?”

And with this baseline, Massachusetts can continue to track how it’s faring, he said, adding that overall competitiveness is something that the state and its leaders should continually gauge — and work to improve.

It hasn’t been this way historically, he went on, and this is perhaps one of the reasons why some of its edge has been lost.

“You don’t want to overreact as a policy maker, but at the same time, we have some compelling data that something has altered how people are making location decisions,” he said. “So we need to be more mindful of the fact that people aren’t going to just stay because this is where they’ve always been; there has to be more to our argument than that.”

This brings him back to some of those suggested key areas of policy focus and the overall need to emphasize competitiveness as an economic-development priority for the state.

Action, and change, is needed on several fronts, Howgate said, especially housing and what he called the “nexus between transportation and housing.”

“If people can’t afford to live in a place that gets them to where they want to go conveniently, you have a big problem on your hands,” he told BusinessWest. “And that is something Massachusetts has a real crunch on — both accessible and efficient transportation options and affordable housing.

“While there are other things that absolutely matter as well, such as childcare costs,” he went on, “I think that we started to focus more and more, as others have as well, on what are some of the smart things we can do on transportation and housing to get people more quickly to places with inexpensive housing, like Central Mass. and Western Mass., and then also, what can we do on the production side to boost housing so people are able to afford where they want to live?”

The Commonwealth is certainly not alone with these challenges — many other states and urban areas are dealing with sky-high housing costs and transportation issues, he said, adding that some are being more proactive, and effective, in dealing with them and issues such as zoning and land use.

When asked to project ahead five or 10 years to where the Commonwealth might be from a competitiveness standpoint, Howgate said this is difficult because of the profound pace of change. But he did say the state cannot afford to leave anything to chance.

“We know what our demography is, that we’re an aging population, like other Northeast states, and we know that we’re a high-cost area,” he said. “At the end of the day, irrespective of where you are ideologically, it’s in all of our best interests to incentivize people to stay in Massachusetts, and move to Massachusetts, because we’re not going to have that level of growth if we just sit here and do nothing.”

Community Spotlight Special Coverage

Community Spotlight

The former Thorndike School will be converted into 12 to 18 units of market-rate housing.

The former Thorndike School will be converted into 12 to 18 units of market-rate housing.

 

When it comes to Palmer’s much-anticipated new train station and the return of passenger rail service after a half-century absence, there is no timetable in place yet.

There are several hurdles still be cleared, from design to the huge matter of funding — for this train station and the state’s much larger east-west rail project. Town officials can only speculate that it will be a few years, and likely more than a few — one said it will be at least 2029 — before the facility is up and trains are stopping there.

But this lack of a go date isn’t tamping speculation, both positive and negative — especially since the state has now chosen a site for the station, an open field at 1099 South Main St., south of Palmer Yard, land owned by wire brush manufacturer Sanderson MacLeod (more on that company later) and adjacent to its plant.

To the disappointment of many in the community, this site is not downtown — and, more specifically, not the site of the former, historic train station, now home to the popular Steaming Tender restaurant.

In fact, a group calling itself the Central Rail Passenger Coalition is not entirely ready to give up on the downtown site, even though the state Department of Transportation has deemed it inadequate for several reasons, and town officials are accepting the state’s decision.

“It’s a chance for the town to assess current land use in the area and begin laying some groundwork to really encourage and enable transit-oriented development in that area.”

Scarlet Lamothe, general manager of the Steaming Tender and member of the Central Rail Passenger Coalition, has been outspoken — at public meetings and other forums — about how the South Yard location, known as ‘Site B,’ will not bring real economic benefits to the downtown or the community as a whole, pointing to the example of Windsor Locks, Conn., which built a new train station outside of the central business district, didn’t see much economic development, and is now moving its station downtown.

“Site B is not located in the downtown district, and it will show no benefit to the town,” she said, adding that she, other members of the coalition, and other Palmer residents are trying to gather support for an ordinance that would require that a passenger rail depot and related facilities need to be zoned in the downtown district.

“Also, you won’t see as much ridership at Site B because you won’t have that north-south connection,” she went on, adding that behind the historic station is a diamond junction, permitting rail service in all four directions; Site B would only accommodate east-west service.

Town Planner Heidi Mannarino acknowledged some disappointment concerning the state’s choice of location, but said the site is only a half-mile from downtown, and, overall, it could benefit existing businesses and prompt additional development.

“There is potential to unlock more development in that area,” she said, adding that, while the next steps in this process play out, the town should be looking to maximize the development opportunities from this potentially groundbreaking development, one that could return the community known as the Town of Seven Railroads to its roots.

“It’s a chance for the town to assess current land use in the area and begin laying some groundwork to really encourage and enable transit-oriented development in that area,” Mannarino said, adding that this includes everything from new housing opportunities to businesses catering to those getting on and off trains to creating safer alternatives for multi-modal transportation.

The state’s selection of a site for the new rail station tops the list of developing stories in this community, but there are several others, including plans to convert the former Thorndike School, built in 1910, into 12 to 18 units of market-rate housing, $1.6 million in infrastructure work (from sidewalks to fire hydrants), a new strip mall on Route 32 near the turnpike exit that is nearing the finish line, and a spike in interest in Palmer in the wake of remote work and hybrid schedules.

The Liberty Plaza project on Thorndike Street is nearing completion.

The Liberty Plaza project on Thorndike Street is nearing completion.

Indeed, this dramatic change in how people work has made the commute from Palmer to Springfield, Worcester, and points east of Worcester far more attractive than when people were going to the office five days a week, said John Latour, Palmer’s director of Community Development, adding that there are other incentives.

“There’s quality of life, there’s a grocery store and other amenities, but the housing here is more affordable than going further east,” he explained. “You can get a really nice house here for considerably less than you would, say, in the Shrewsbury area, so you’re seeing more people driving into Worcester and the Boston area from Palmer.”

For this latest installment of its Community Spotlight series, BusinessWest turns its lens on Palmer, where many forms of progress are, well … on track.

 

Train of Thought

Latour noted that, while there is, indeed, some disappointment concerning the state’s choice of a location for the new train station, there is still a buzz surrounding the east-west rail project and how it could change the fortunes of a community that is roughly halfway between Springfield and Worcester, but often (and until recently) considered too far from either for a commute or any economic benefit.

Remote work and hybrid schedules have changed some attitudes about Palmer, he said, noting that this is reflected in growing interest in housing within the community and rising prices, with the median price now exceeding $300,000.

And east-west rail could change the equation further by making the commute easier and thus more palatable, he said, adding that there are many examples of communities that have benefited, in many ways, from being a rail stop.

Mannarino agreed, noting that, in addition to spurring residential growth, a rail stop can benefit existing businesses in the broad hospitality sector and foster new ventures as well. And the chosen site for the station can do both, she added.

“Currently, on the other side of the track from the site, there’s already Seven Roads Brewery and other existing businesses that will shine. It’s going to be a matter of making sure that the rail stop is connected to those businesses in a safe way while also laying the groundwork so that it can be attractive for other business opportunities on the south side of the tracks as well.”

Overall, she said rail service will make Palmer’s location, already attractive because of its turnpike exit and close proximity to the state’s second- and third-largest cities, even more appealing to the development community.

While anticipating — and preparing for — a future with passenger rail service, Palmer is also coping with the present and developments on several fronts.

At the top of that list is housing, which is key to any residential growth and the benefits to be derived from it, said Latour, adding that, at present, there is little in the way of new construction of homes or subdivisions.

But the Thorndike School project is a small step forward, he added, noting that the new units will make a small dent in overall need. Conversion of the former Converse Middle School into 55-and-over housing, a project the town has been pursuing, will make another dent.

Other developments include Liberty Plaza, a strip mall taking shape just a few hundred yards from the Big Y on Thorndike Street (Route 32). The plaza will be home to a Starbucks and a Jersey Mike’s, as well as additional tenants, said Latour, adding that this project will hopefully inspire additional commercial development in that area just off the pike exit.

Palmer at a Glance

Year Incorporated: 1775
Population: 12,448
Area: 32 square miles
County: Hampden
Tax Rate, residential and commercial: Palmer, $18.15; Three Rivers, $18.23; Bondsville, $18.98; Thorndike, $18.28
Median Household Income: $41,443
Median Family Income: $49,358
Type of government: Town Manager; Town Council
Largest Employers: Baystate Wing Hospital; Sanderson MacLeod Inc., Camp Ramah of New England; Big Y World Class Market
*Latest information available

Meanwhile, the town has been awarded a $430,000 grant to design a new sewer infrastructure for a stretch of Thorndike Street, a project intended to alleviate a “ticking time bomb,” Mannarino said, and one that could unlock new development, both commercial and residential, in that area.

The overall price tag for that project will be $4 million to $6 million, she noted, adding that the town will be pursuing other grants to cover that cost, and there is no timeline for the initiative.

 

Making It Happen

Mark Borsari, president and CEO of Sanderson MacLeod, or SanMac, as it’s known colloquially, sidestepped questions about the rail station and east-west rail, noting that both are matters well beyond his control.

He preferred to talk about what is in his control, meaning his company, and its focus, which, technically speaking, is on making twisted wire brushes, but is really on creating an environment where people want to work and can thrive, and also on creating a model for other manufacturers, most of them facing the stern challenges of coping with retiring Baby Boomers and attracting and retaining young talent.

“We can’t control the weather, but we might as well see if we can be as creative as possible internally — we’re having a good time, we really are,” he said, adding that the company is firmly focused on making investments in the next generation of workers and, at the same time, “making it cool,” with ‘it’ being the overall experience.

It does this through everything from food trucks making regular stops at the plant to a cornhole tournament; from one of the company’s operating slogans — “you’ve got to be a little twisted to work here” — to an elaborate employee-appreciation day called Brushes, Blues, and Barbecue, which tells the whole story.

Such initiatives are part of a two-pronged approach at SanMac, said Borsari, adding that the first is to work with area schools to educate young people about the many attractive benefits to careers in manufacturing, while the second is to implement programs that demonstrate how valued employees are and encourage them to grow with the company, be part of the growth process, and encourage leadership.

“You do have to make it cool — I’ve always said that you have to look at through the eyes of someone who’s 18 or 19 years old and create an organizational place that they find cool to be in,” he explained.

“And that means you have to be creative. You make it cool by making the cafeteria a ’50s diner, you make it cool by putting bus wrap around the inside of the factory so you can put colorful graphics up, you make it cool by bringing in food trucks, you make it cool by having fun with the different ways that we work together, by focusing on people and rewarding them.”

Overall, it comes down to treating people as individuals where one size does not fit all, and “pointing out what the big picture is,” he added.

“When young people go out into the real world, they enter the workplace with an enthusiasm that’s a little naive, but it’s potent because they want to prove themselves,” Borsari said. “If they’re not handled properly by an organization, or they just get cast away after putting out 100%, it cuts the knees out from under them. You can only do that so many times to someone, especially if they’re young, before they say, ‘this is ridiculous — I’m just going to find a place where I can make as much as I can by doing as little as I possibly can,’ and that’s leadership’s fault.”

Through leadership that doesn’t take this approach, that truly values employees, SanMac has become not only a standout in the twisted wire brush industry, but a true leader in a changing manufacturing sector — and an economic driver in a changing Palmer, where even more promise may be chugging down the tracks.

Home Improvement Special Coverage

All Under One Roof (Actually, Two)

Andy Crane says the home show thrives

Andy Crane says the home show thrives, even in the internet age, because home-improvement business owners need to stay visible and put work into the pipeline.

Andy Crane acknowledged that many contractors and home-improvement companies are busy these days, thanks to a combination of factors, from people staying in their homes — due to higher interest rates and a shortage of inventory — to finding enough help to get jobs done.

They’re so busy that some — but certainly not all — are booking jobs several months out and even into next year, in some cases.

But even in this climate, where some contractors can’t touch new business for a few more quarters, it’s important to stay in front of consumers and continue to put business into the pipeline, said Crane, president of the Home Builders and Remodelers Assoc. of Western Massachusetts (HBRAWM).

And that’s why he’s not only expecting a sellout of booth space when it comes to this year’s Original Western Mass Home & Garden Show, taking place March 27-30 at the Eastern States Exposition — the 70th edition of this spring tradition — but also why the show is expanding into a second building this year, one dedicated almost exclusively to the ‘garden’ aspect of the event.

And with that move, the show is turning back the clock in some respects.

“Back in the day, we had two buildings, and a few years, we had three buildings,” Crane told BusinessWest. “This year, we’re going to have at least two and an outdoor area.”

The second building, known as the A Barn, will be geared toward yard equipment and accessories, plantings, and landscapes, with some details still to be finalized, he said, adding that this has been an element missing since COVID.

But getting back to his thoughts about contractors and why they want to be at this show, Crane said many aren’t coming to the Big E grounds looking for work — they already have enough. Instead, they want to make connections and enable consumers to at least get the process started.

“It gets the juices flowing — you might get some ideas and talk to some people,” he said. “Let’s say they can’t do it for a while … if you don’t get that process moving along, you’ll never get it done.”

Adam Quenneville, president of Adam Quenneville Roofing & Siding, agreed. His company has been part of the home show for roughly 25 years, and he comes back each year to help make sure the phones keep ringing.

“I would think that people still enjoy touching and feeling products and getting a sense for what they think that person is like. You can’t get that off a laptop; you just can’t.”

This is a quieter time of the year — although roof crews can work pretty much year-round — and a good time to make connections and add projects for the rest of the year, he said.

“It’s great to get out and see potential customers, and it’s an opportunity to get leads, give estimates, and secure business. A lot of people are going there because they have a home improvement in mind, and it’s nice to be able to let them see us in person, talk to us, get information, and go from there.”

With that, Quenneville spoke for every vendor at the show, including the ones who sell beer nuts and pickles, most of whom are focused not on making sales that day, but on the ‘go from there’ part of the equation.

It’s why the show has thrived for 70 years, and why the 2025 edition is shaping up as another opportunity to build back from the tumultuous COVID years and continue to grow.

 

Through the Roof

Crane said the home show, which annually attracts between 12,000 and 15,000 visitors and, recently, about 300 to 400 vendors, will be marking 70 years in some subtle ways, with additional giveaways and other promotions.

But mostly, this show will be like the 69 that have come before it, in that it presents an opportunity for the public to gather, see what’s new (or not so new, but still important), talk with experts, maybe finalize some plans for what they want to do, and put a face and business card with a person and company they’ve seen on the internet or heard about from neighbors, friends, or relatives.

Adam Quenneville says he’s been coming back to the home show for 25 years

Adam Quenneville says he’s been coming back to the home show for 25 years because it provides valuable exposure and leads for new projects.
Staff Photo

It’s been this way since the mid-’50s — except that part about the internet, said Crane, adding that, before social media and before consumers could click on websites, contractors had to get out in front of people. The home show was created to give members of the HBRAWM an opportunity to show what they do, how they do it, and, yes, how much it will cost.

And while consumers can learn much about a product or contractor by visiting a website, and still more by following up with friends and neighbors who placed a specific contractor’s sign on their lawn, there is still much to be gained from seeing these professionals in person, Crane said.

“I would think that people still enjoy touching and feeling products and getting a sense for what they think that person is like. You can’t get that off a laptop; you just can’t. “If it’s a zero-turn mower, would you rather sit on one than look at a picture?” he asked rhetorically. “How about picnic tables and high-top tables … you might as well get the exact one you want and the exact color. As for sheds, isn’t it better to stand in the shed rather than look at a picture of one? You can visualize where your mower is going to go and where your pool equipment is going to go or the pellets for your wood stove. That’s what the show brings that computers don’t bring.”

It still does that, but it has become much more, he went on, adding that the event has become a rite of spring for many, and a social gathering for some, with friends and neighbors often gathering at the show and then going elsewhere for dinner.

“The show is still a great place to talk, shop, and get ideas about your home, your property, some of the things that people like to do in their homes,” he said, adding that, while some things have changed since Dwight Eisenhower was patrolling the White House, the best things about the home show are what hasn’t changed.

For 2025, there will be more of the same, said Crane, with the emphasis on more, especially when it comes to space for visitors to roam and take in the many exhibitors, who cross every spectrum of home and garden improvement, from who can do the work to how to pay for it.

Indeed, there will be several banking and finance institutions on hand, he noted, adding that the categories for vendors runs the alphabetical gamut, from air filtration to women’s clothing, with more than eight dozen in between, everything from awnings and canopies to foundation repair; kitchens and baths (huge items of interest) to mosquito protection; sheds and gazebos to wells and pumps.

It will all be under … well, two large roofs in 2025, said Crane, adding, again, that a second building is something the public has asked for, and something that’s needed to properly showcase vendors and products.

Fast Facts:

What: The 70th edition of the Original Western Mass Home & Garden Show
Where: Eastern States Exposition
When: March 27-30
Show Producer: Home Builders & Remodelers Assoc. of Western Massachusetts
Admission: General admission: $10; with coupon: $7; children under 12: free
For More Information: Call (413) 733-3126

As noted, the A Barn will focus on lawn and garden equipment, furniture, and accessories, everything from mowers and snow throwers to chairs, tables, firepits, and fountains — items that couldn’t be displayed as effectively in years past due to a lack of space.

 

Starting the Conversation

While the additional space provides room for more vendors and a chance to spread out, it also further activates the outdoor spaces at the Big E, said Crane, adding that there will now be traffic between the buildings — and opportunities to capture the attention of that traffic.

Over the years, those staffing the Adam Quenneville booth have succeeded in gaining the attention of visitors, said the company’s owner, adding that it has generated a steady flow of leads — and eventually customers.

“If I have to guess, I’d say we get about 100 opportunities,” he said, meaning actual estimates for potential customers. “We’ll probably give 90 people prices and secure about 50% of that — 45 to 50 jobs.”

That more than justifies the cost of the booth, he said, adding that the show has been one of the more successful methods of getting right in front of the public, telling the company’s story, and keeping the pipeline of work flowing.

Nick Riley, president of Chicopee-based N. Riley Construction, agreed. His firm specializes in home remodeling and new construction, and he’s been a regular participant at the show for the past 20 years because of the opportunities it provides to be visible, talk to people directly, and hand out business cards.

“We do really well at the home show, and that’s why we keep coming back,” he said, adding that he doesn’t take leads directly at the show, but instead instructs visitors to call and make appointments — and many of them do. “It’s about more than the eventual leads … it’s about getting in front of people, seeing them in person, and saying hello.”

Hundreds of other home and garden professionals can say the same thing, and they have — some of them for a half-century or more.

They keep coming back because the Western Mass Home & Garden Show has long been a spring tradition, a social event for some, a chance to gather ideas for most, and an opportunity, for those on the vendor list, to get down to business.

Law

No Wedding, No Ring

By Alexandre P. Pereira, Esq.

 

In a recent decision, the Massachusetts Supreme Judicial Court (SJC) created new legal precedent surrounding the return of engagement rings when the engagement ends and the planned wedding does not ensue. The court’s ruling in Johnson v. Settino abolishes a six-decade-old, fault-based analysis, paving the way for a more contemporary standard for ownership in such cases.

In 1938, Massachusetts took its stance on the extent to which courts would resolve disputes arising from private relationships. Massachusetts enacted the Heart Balm Act, which prohibited plaintiffs from seeking compensation for emotional damages stemming from the end of a romantic relationship. Specifically, breaches of contracts to marry will not be causes of action recognized by courts in the Commonwealth (M.G.L. c. 207, §47A).

Alexandre P. Pereira

Alexandre P. Pereira

“A failed engagement that prevented in what all likelihood would have been a failed marriage is not a situation where a court should be required to impute blame to one party.”

In 1959, the case of De Cicco v. Barker marked a significant moment in this legal landscape. De Cicco held that engagement rings were, in essence, “pledges given on the implied condition that the marriage take place,” meaning that the Massachusetts Heart Balm Act would not preclude actions for the recovery of an engagement ring. The decision was rooted in principles of equity, aiming to prevent the person who received the ring from becoming unjustly enriched when the engagement fails. De Cicco created a fault-based analysis, allowing the donor to reclaim the ring only if the engagement ended without any fault of their own.

Over the years, jurisdictions across the country have shifted away from the fault-based approach. Until recently, Massachusetts had not revisited this standard — until the SJC took up Johnson v. Settino.

The facts of Johnson v. Settino embody the tumultuousness of modern relationships. In the summer of 2016, Johnson began dating Settino. Over the course of their relationship, he showered her with lavish gifts of jewelry, clothing, shoes, and handbags. A year later, Johnson proposed to Settino with a $70,000 diamond engagement ring.

In November 2017, Johnson discovered text messages on Settino’s phone indicating an intimate relationship with another man. Following this discovery, he terminated the engagement. Johnson subsequently sought the return of the diamond engagement ring and wedding bands.

At trial, the judge ruled that Johnson had given the rings on the condition of marriage but held him at fault for the breakup due to his unfounded suspicions of infidelity. Settino was awarded the engagement ring and wedding band. After an appeal to the Massachusetts Appeals Court, the trial court’s judgment was reversed after holding that ending an engagement does not inherently assign blame to that party. The Appeals Court concluded that Johnson’s actions were reasonable, and the case was ultimately heard by the Massachusetts Supreme Judicial Court.

The SJC’s ruling in Johnson v. Settino overturned the fault-based standard that stood firm for the better half of a century. Although the standard was equitable in theory, time has shown the standard to be less practicable. Engagements often fail without clear fault by either party. An engagement period can be, and perhaps should be, viewed as a time to test the permanency of a relationship prior to marriage.

A failed engagement that prevented in what all likelihood would have been a failed marriage is not a situation where a court should be required to impute blame to one party. The court argued that assigning fault in such circumstances contradicts the equitable principles the analysis was meant to promote.

Additionally, the SJC pointed out that the fault-based standard is largely irrelevant in Massachusetts divorce proceedings. Likewise, the justices determined that fault should not be a relevant consideration in the termination of engagements.

The court ultimately ruled in favor of Johnson, the plaintiff, marking a notable shift in Massachusetts law. Engagement rings are gifts contingent on marriage. When the marriage does not occur, the ring is to be returned to the donor, irrespective of fault.

 

Alexandre P. Pereira is an attorney with the law firm of Bacon Wilson, P.C. He is a member of the Hampden County Bar Assoc. and the Estate Planning Council of Hampden County, and concentrates his prapracticectice in the areas of elder law, estate planning, long-term-care planning, probate, and special-needs estate planning; (413) 781-0560; [email protected]

 

Accounting and Tax Planning

State of Change

By Jeff Laboe, EA

 

As winter approaches, many Massachusetts residents, particularly in the colder regions, may contemplate relocating to a warmer climate (or to lower-taxed states). While relocating may seem appealing, it’s essential to understand the legal and tax implications tied to changing your state residency, especially regarding income taxes. Residency status directly influences eligibility for state programs, tax liabilities, and other matters.

Understanding Massachusetts’ residency rules — set forth by the Massachusetts Department of Revenue and Massachusetts General Laws — is crucial for anyone considering a move.

 

The Two Tests: Statutory Residence vs. Domicile

Massachusetts relies on two primary tests to determine residency: the statutory residence test and the domicile test.

The statutory residence test determines residency based on the number of days spent in the state and the presence of a ‘permanent place of abode’ (PPA). If you spend more than 183 days in Massachusetts during a year and maintain a PPA, you’re considered a resident for tax purposes. The PPA doesn’t need to be your primary residence; having a home in Massachusetts, even if it’s secondary, qualifies you.

The domicile test refers to the state an individual considers their permanent home and to which they intend to return. Unlike statutory residence, domicile is a subjective concept, and you can only have one domicile at a time. Massachusetts evaluates factors such as:

• Physical presence: where you spend the majority of your time;

• Intent: evidence of making Massachusetts your permanent home, like registering to vote or obtaining a Massachusetts driver’s license;

• Family connections: whether your family resides in Massachusetts;

• Property ownership: owning property in Massachusetts could indicate domicile; and

• Social ties: participation in local activities or having professional connections within the state.

Other indicators include banking locations, where your doctor practices, and even where you use credit cards.

Jeff Laboe

Jeff Laboe

“If you’re considering changing your state residency, careful planning is essential. Work with a tax professional to ensure that your move is well-documented and legally defensible in case of an audit.”

 

Key Residency Classifications for Tax Purposes

Understanding the classifications is crucial for tax implications. The primary classifications are as follows:

• Full-year residents are taxed on all income, regardless of where it’s earned. This includes wages, business profits, and rental income from out-of-state properties. If you are domiciled in Massachusetts or meet the 183-day test, you are a full-year resident.

• Part-year residents are those who live in Massachusetts for part of the year only. They are taxed on all income sources during their time as a resident, and only Massachusetts-sourced income for the non-resident portion. If you leave Massachusetts mid-year, you’ll file as a part-year resident for the period you were domiciled in the state.

• Non-residents are taxed only on income sourced from Massachusetts. This includes earnings from work in the state or income from Massachusetts-based properties. Non-residents are required to file state income-tax returns if they earn income in Massachusetts.

• Some individuals, such as students or temporary workers, may not qualify as full-year residents, but still earn Massachusetts-sourced income. They may need to file a tax return for the period they lived or worked in Massachusetts.

 

Changing Residency: Plan Ahead

Changing your state residency can have significant tax consequences. States, including Massachusetts, often require a clear ‘leave and land’ process. Simply leaving Massachusetts without fully establishing residency in another state could result in continued residency classification by Massachusetts.

To demonstrate a permanent change in residency, actions such as selling property, updating voter registration, or opening bank accounts in the new state are crucial. Failure to establish clear ties to a new state might lead to Massachusetts considering you a resident, even if you’ve moved.

 

Residency Audits and Determination

If there’s uncertainty about your residency status, the Massachusetts Department of Revenue may conduct a residency audit. It will investigate various factors, including where you live, work, and maintain personal connections. If it determines that you are still a Massachusetts resident when you believe you’ve changed residency, you could be subject to back taxes, penalties, and interest.

Residency audits can be extensive and often result in appeals or settlements. To prepare, you should maintain proper documentation that supports your claim of residency in another state.

 

Conclusion

Massachusetts’ residency rules play a significant role in your tax obligations and legal standing. Residency classifications, such as full-year resident, part-year resident, and non-resident, affect how your income is taxed. The statutory residence test and the domicile test are key tools for determining your residency status. Factors like physical presence, intent, and personal connections are crucial in these determinations. It is worth noting that it’s possible to be treated as both a resident and non-resident, or even be considered a dual resident (resident of multiple states).

If you’re considering changing your state residency, careful planning is essential. Work with a tax professional to ensure that your move is well-documented and legally defensible in case of an audit. Massachusetts, like many states, is increasingly vigilant about residency audits, so it’s important to establish clear ties to your new state to avoid tax liabilities.

In summary, before deciding to move to a warmer climate, be sure you understand the full tax implications of such a change. While the process of becoming a non-resident may seem straightforward, it requires proper planning and documentation to avoid complications with Massachusetts’ tax authorities.

 

Jeff Laboe is a tax manager with MP CPAs, with a primary focus on tax planning and solutions for high-net-worth individuals and private-equity firms.

 

Community Spotlight Special Coverage

Community Spotlight

A architect’s rendering of the planned new Agawam High School.

A architect’s rendering of the planned new Agawam
High School.

Chris Johnson called it “an easy fix.”

He was referring to his decision early in 2024 to put things back the way they were in City Hall — quite literally — the last time he occupied the corner office, some 24 years earlier.

Indeed, the three-office mayor’s suite in City Hall had been reconfigured in the intervening years, with the smallest space, which had been Johnson’s office, made into a closet; the middle space, which had been a conference room, devoted to staff; and the largest space, which had been home to the two-person staff, converted to accommodate the mayor’s office and a conference-room table.

Not long after returning to office, Johnson reshuffled the deck, claiming that the old arrangement made far more sense.

Other business hasn’t been resolved quite so easily, but Johnson has achieved progress on several fronts — especially with the building of a new high school, a project that has been discussed for decades and was resolved in resounding fashion at a special election last June, with roughly 70% of residents approving a three-stage project with a price tag of $226 million.

Johnson, who served three two-year terms in the mid- to late ’90s, and, more recently, served several terms on the City Council, sought a return to the corner office in the fall of 2023, in large part to resolve the issue of a new high school. He considers the new building (and a small saved portion of the old building) to be the best option for this community of almost 29,000.

“For the voters, it came down to this: do you want to make a significant investment and renovate what we have, or spend a few extra dollars and build a new high school?” said Johnson, in reference to what will be, by far, the largest capital-improvement project in the history of Agawam. “The right decision, from an education standpoint, but also a business and financial standpoint, was to invest in a new building that has a useful life of 50-plus years instead of major renovations in what we have that would have a useful life of probably 20 to 30 years.”

“The right decision, from an education standpoint, but also a business and financial standpoint, was to invest in a new building that has a useful life of 50-plus years instead of major renovations in what we have that would have a useful life of probably 20 to 30 years.”

The high-school vote is easily the biggest storyline in this community, but there are others, including ongoing work to transform the old HUB Insurance building on Suffield Street into the city’s new police headquarters, an intriguing conversion project that should be wrapped up next spring. There’s also the ongoing saga of the former Games and Lanes property on Walnut Street Extension — a new use for that parcel remains elusive years after the eyesore was torn down — as well as the need for new housing of all kinds, but especially the affordable variety.

There are some new businesses, including a Starbucks just over the Morgan-Sullivan Bridge from West Springfield that opened roughly a year ago, and some emerging ventures, including an urgent-care facility in a building now under construction just behind Starbucks.

As for existing businesses, the landscape is dominated — figuratively but also literally — by Six Flags New England, the giant amusement park near the Connecticut border that is not only the city’s largest employer, but a good corporate citizen, the mayor said.

The park, now 25 years under the Six Flags brand, is adding a new roller coaster and undertaking other significant expansion and improvement efforts, said Park President Peter Carmichael (see related story on page XX).

For this latest installment of its Community Spotlight series, BusinessWest turns its focus on Agawam, where momentum is building — in every sense of that phrase.

 

Early Returns

The framed newspaper front pages on one wall of Johnson’s office speak to how much has changed over the past 24 years — journalistically, and in some other ways as well.

The large headlines trumpet three of his five election victories, starting in 1989. The masthead at the top of each declares that this is the Agawam/West Springfield edition of the Union News. The Springfield newspaper is now called the Republican, and there is no longer an Agawam/West Springfield edition. Meanwhile, the large headlines from the ’90s were all about Johnson because West Springfield didn’t have a mayor in those days.

But while many things have changed in a quarter-century, in Agawam, many of the issues are the same, and Johnson has been dealing with them consistently because he served on the City Council for 12 years in the interim.

Mayor Chris Johnson

Mayor Chris Johnson says resolution of the high-school issue was one of the prime motivators for his return to the corner office.

At the top of that list is the high school, he said, noting that the original building, opened in 1995, has been renovated and expanded several times over the years, with the result being a sprawling, one-story complex that was in need of another facelift — or replacement.

Johnson has long been a strong advocate of the latter, and efforts to inform the public of the available options dominated his first several months back in the mayor’s office.

“I can’t even count how many presentations I made,” he said. “I pretty much said, ‘anytime, anywhere that anyone wants one, I’ll go’ — and I did a lot of them, while also putting together educational videos to put on the town’s website and social media. My goal was to make sure people had the information they needed to make an educated decision.”

“Whether it be aging roadways or storm-drainage issues, most of our infrastructure dates back 50, 60, 70-plus years.”

Dave Fontaine Jr., CEO of Springfield-based Fontaine Bros., the general contractor awarded the project, said it is unique in that it has three phases — new construction of a ‘community wing’ on fields adjacent to the current high school; an academic wing, which will involve demolition of much of the existing high school (some will be saved) and new construction; and additional demolition as well as conversion of some of the existing high school into an early-childhood center.

The building will also use geothermal wells for heating and cooling, said Fontaine, adding that the technology is becoming more common, but still fairly rare in school buildings. It will also have sloping metal roofs, which are more durable than flat roofs and will have a longer lifespan, he said, adding that they provide an intriguing architectural element.

Johnson said ground should be broken this spring, with work on phase 1 to be completed by the end of 2026, phase 2 by the fall of 2028, and phase 3 in 2029.

Fontaine will be building the new Agawam High School at the same time it constructs a new high school in East Longmeadow, a project roughly six months further along. That will be challenging in some ways, but the company traditionally has at least two large-scale school projects occurring simultaneously.

Meanwhile, another intriguing project, this one now well underway, is the conversion of the former HUB Insurance building (before that, it was the Oaks banquet facility) into the new police headquarters.

It’s unique, said Carl Mercieri, executive vice president with Marois Construction, the contractor handling the project, because most new public-safety facilities are built from the ground up.

Agawam at a glance

Year Incorporated: 1855
Population: 28,692
Area: 24.2 square miles
County: Hampden
Residential Tax Rate: $14.54
Commercial Tax Rate: $27.54
Median Household Income: $49,390
Family Household Income: $59,088
Type of government: Mayor; City Council
Largest Employers: OMG Inc., Agawam Public Schools, Six Flags New England
* Latest information available

Because the town was able to acquire the property at an attractive price, converting it for this use emerged as the most common-sense option, he went on, adding that transforming a large (36,000 square feet) office building into a public-safety facility has required complete interior gutting and creation of a wide range of new spaces, from offices to a dispatch room to six holding cells. Meanwhile, a large sallyport had to be added to the rear of the building.

“There are several different areas to create — a detective area, a sergeant’s area, a patrolman’s area, an armory, and the holding cells,” said Mercieri, adding that the completion date for the project, like the final price tag (around $9 million), is a moving target, but work is expected to be wrapped up by late spring.

 

Forward Progress

Between the new high-school project (the town’s share of that initiative is roughly $120 million) and the new public-safety complex, the town will have little to spend on other large-scale capital projects for some time, said Johnson, adding quickly that this can’t stop the community from planning.

And he summed up what’s next on the proverbial to-do list with a single word: ‘infrastructure.’

“Whether it be aging roadways or storm-drainage issues, most of our infrastructure dates back 50, 60, 70-plus years,” he explained. “But we need to come up with a plan, and then match a funding mechanism to a plan to be able to move forward so that we’re not faced with dealing with crisis situations.”

Coming up with these plans — while also building the new school — will be the next challenges for Johnson in what can be called a second tour of duty in the corner office.

Or corner offices, to be more precise.

He’s put things back the way they were before in that suite, but for other, much larger issues, there is no going back — just moving forward. In the larger scheme of things, that is the plan.

Community Spotlight

Community Spotlight

Karia Youngblood says Mount Holyoke College’s $175 million geothermal project is a bold move for the institution.

Karia Youngblood says Mount Holyoke College’s $175 million geothermal project is a bold move for the institution.

At its core, Mount Holyoke College’s $175 million geothermal energy initiative is an infrastructure project.

But, by design (in most cases, anyway), it has become much more than that.

Indeed, the massive undertaking, soon to enter its third phase, has become a living laboratory for many students, engaging them in learning opportunities involving everything from geology (during test-well drilling) to sustainable landscaping to humanities.

Meanwhile, the project has provided a captivating glimpse into the college’s past, with excavation work uncovering part of the foundation of the college’s original structure, the Seminary Building, which dates back to 1837, a find that provides some poignant symmetry, said Karia Youngblood, associate vice president of Facilities Management at Mount Holyoke.

“I worked with our archivist, and we overlaid the footprint of the Seminary Building and determined that foundation was actually the corner of the original boiler room of that building, which also explains why we found some fire bricks in that area,” she explained. “It felt like a really sweet, full-circle moment.”

Such symmetry is one intriguing aspect of this closely watched project, which is just one of many storylines unfolding in South Hadley.

“With our 19 units historically at 100% occupancy, with minimal opportunity to reside here due to lack of turnover, we believe the best way to sustain long-term success is to open the door to more housing.”

Others, said Town Administrator Lisa Wong, include everything from progress toward building a new elementary school to work toward development of a strategic plan for the town’s municipal golf course, to planned infrastructure work — and economic-development initiatives — in the community’s historic Falls section, which includes Town Hall.

“We’re hoping to raise some money and do some projects in that area, which is along the river,” she explained. “There are some businesses there, but we’re looking to attract more.”

As for established businesses that call South Hadley home, many can be found in the Village Commons, a setting unlike anything else in Western Mass. — a collection of buildings that has won awards for its design and is known for constant change, but also, in some ways, remarkable stability.

The Village Commons

The Village Commons has historically had a high occupancy rate for its retail and office space, and there’s a lengthy waiting list for its residential units.

Indeed, many of the commercial tenants have had this mailing address for decades, said Jeff Labrecque, chief operating officer of Center Redevelopment Corp., which manages the Commons for its owner, Mount Holyoke College, noting that the same is true for those occupying the 19 coveted residential units as well.

“We have one woman who has lived here for 36 years,” said Labrecque, noting that there is a waiting list for the units, one that people stay on for several years, on average, before there is a vacancy.

This lengthy waiting list helps explain why the Village Commons is actively looking to expand and add additional residential units, Labrecque told BusinessWest, adding that South Hadley, like most area cities and towns, has a critical need for housing, especially of the affordable variety.

“I’m an alum of the college, and the day the board approved this project, I felt so much pride in my institution that they had the courage to take such a bold step to preserve the environment, to preserve the legacy of Mount Holyoke.”

“We’re continuing to focus on residential expansion opportunities,” he said. “With our 19 units historically at 100% occupancy, with minimal opportunity to reside here due to lack of turnover, we believe the best way to sustain long-term success is to open the door to more housing.”

Meanwhile, one of the long-time commercial tenants in the Village Commons, the Bean Restaurant Group, founded by the Yee family, has continually expanded its presence within the complex. Three of the group’s 13 restaurants — Johnny’s Bar & Grill, IYA Sushi and Noodle Kitchen, and Johnny’s Tap Room, a banquet and events facility — are located within the Commons.

Overall, the group continues to grow in size, with the most recent addition being the Crush Wine Bar in West Hartford, Conn. but also in prestige, recently garnering the 2024 Restaurant of the Year Award from the Retailers Assoc. of Mass. (RAM), recognizing the company’s longstanding dedication to hospitality excellence, culinary creativity, and community engagement.

“It’s a feather in the cap, not for the Yee family, but really for our teams in every restaurant, because they’re the ones that build the relationships,” said Edison Yee, son of Johnny Yee, who laid the cornerstone for what would become a chain with the opening of the famed Hu Ke Lau in Chicopee. “They’re the ones table-touching every day, and they continue to bring that culture that my father instilled in all of us to our restaurants every day.”

 

Things Are Heating Up

Numbers certainly help tell the story of Mount Holyoke’s geothermal system. And there are quite a few of them.

When completed, there will be 26 miles of geothermal piping to be installed under the campus. The project also entails the drilling of 230 bores, each of them 600 feet deep, that will heat and cool 43 buildings covering 1.6 million square feet of real estate.

The most important numbers, though, are 2037 and 100% carbon neutrality. The former is a date, the college’s 200th birthday, and the latter is a goal to be reached by that date, a goal that in many ways inspired the geothermal project, said Youngblood, adding that this goal coincided with another one — to replace a 100-year-old, highly inefficient steam-distribution system.

Members of the second and third generations of the extended Yee family

Members of the second and third generations of the extended Yee family now managing the Bean Restaurant Group: from left, Matt Yee, Nathan Yee, Sonny Wae, Bonnie Wae, Emma Yee, Nick Yee, and Edison Yee.

Tracing the genesis and progression of the project, Youngblood, an alum who has been working in her current position for three years, said the college made a climate commitment in 2016, and in 2018 a sustainability task force was formed to look at how the college could reduce its carbon emissions.

That group’s work soon focused on the school’s fossil-fuel-powered heating plant and five large steam boilers, which produced 80% of those emissions. And it led to an energy master plan that looked at a handful of different technologies and was guided by several criteria, including cost, greenhouse-gas reduction, and technology that was both adaptable and able to offer engagement opportunities for on-campus researchers and students.

These and other guidelines were met by geothermal heat-exchange technology, she went on, adding that Mount Holyoke took inspiration — and some lessons — from a similar project at Carleton College in Minnesota, and commenced work in 2022.

“This is a bold step for the college,” Youngblood said as she put the many aspects of this initiative into perspective. “I’m an alum of the college, and the day the board approved this project, I felt so much pride in my institution that they had the courage to take such a bold step to preserve the environment, to preserve the legacy of Mount Holyoke. We’re a small liberal-arts college in Western Massachusetts, and many of our peers with larger endowments have yet to take such a step.”

As Wong noted, the geothermal project is one of many developing stories in South Hadley. Others include early-stage work to replace Mosher Elementary School; recent improvements to Buttery Brook Park, including wildly popular pickleball courts; the launching of an affordable housing trust to address that pressing issue; creation of a Human Services department; gaining designation from the state as a green community; and planned infrastructure work on Main Street.

Meanwhile, the town is also launching a strategic plan for its municipal golf course. Conceived in the late ’90s, when golf was enjoying a Tiger Woods-inspired boom, the course, called the Ledges, struggled for many years, but has fared better recently as golf has enjoyed another surge, this one fueled in part by the pandemic.

“The course is operating in the black, but it’s not covering all the debt right now,” said Wong, noting that the debt incurred to build the course and clubhouse will be paid off in four years, and the town wants a plan in place for maximizing that asset. A major focus will be on open space for the public, such as accessible walking trails.

 

It Takes a Village

While Labrecque takes the title COO of Center Redevelopment Corp., he likes to refer himself as an ‘innkeeper.’

In fact, at least one tenant calls him that, he said, adding that the hospitality-toned title is a better reflection of what he does day in and day out — and also what the Village Commons was designed to be and has certainly become.

“When you’re managing more than 70 tenants, and most of them are mom-and-pops, you really have to take on the innkeeper mentality, almost as if you’re running a bed and breakfast,” he explained. “And it’s always hands-on, very different from a commercial mall environment.”

As noted earlier, the Commons is noted for both its stability — some tenants go back to the very beginning in 1987, and many have called the complex home for 30 years or more — but also for the change that comes to any facility that is home to retail and office tenants.

That stability is marked by 100% occupancy on the retail and hospitality side of the equation, and 92% on the office side, which is strong compared to many office facilities in the post-pandemic, remote-work era, but still down from the Commons’ history of full occupancy, Labrecque noted.

“Hybrid work schedules continue to impact the office market, therefore creating an abundance of nationwide vacancies, leading to a heated and competitive leasing environment,” he said, adding that, while, these and other headwinds continue to present challenges to the Commons, the facility continues to more than hold its own.

Recent additions include Kiao Wan Thai restaurant, which opened its doors in October, and Eliza Moser Fine Art. Moser is an internationally trained oil painter, art instructor, and gallerist, and her facility hosts a broad range of weekly classes, paint nights, and one-day workshops that are routinely sold out.

Meanwhile, established tenants cover many sectors and include Odyssey Bookshop, Darby O’Brien Advertising, HUB International, Ochoa Day Spa, and Tower Theaters, which, like most cinema operations, is still in recovery mode from the pandemic, but making strides and continuing to be a destination that brings people to the Commons and its many restaurants.

“When you’re managing more than 70 tenants, and most of them are mom-and-pops, you really have to take on the innkeeper mentality, almost as if you’re running a bed and breakfast.”

Looking forward, the Commons is looking to advance what would be its first real expansion in more than 30 years, said Labrecque, adding that this expansion will come on the residential side, and with the twin motivations of meeting the town’s glaring need for more housing, while also providing more revenue with which to meet the growing costs of maintaining a complex now approaching its 40th birthday.

Additional residential units would constitute phase 3 of the Commons project, and it has been talked about for at least 20 years, he noted, adding that efforts have been slowed by the Great Recession, the pandemic, and other forces, but he expects some movement on this front within the next year.

 

Next on the Menu

Meanwhile, the Bean Group works to balance its ongoing efforts to expand with the day-to-day work of managing and operating 13 restaurants — and, during September, three more operations at the Big E.

It’s a complicated balancing act, said Nate Yee, a member of the third generation of the family now managing the group.

“We put a lot on our managers; we have a great amount of trust in them,” he told BusinessWest. “It comes with a lot of communication and checkpoints — that’s really how we do it. What sets us apart is that family touch where we’re in the units; we try our best to get to every restaurant at least once every week. It doesn’t always happen, and we rely on our managers.”

While the group is spread out across Western Mass. and now into the Hartford area, roughly half its restaurants are in South Hadley. In addition to those at the Commons, there are also the Halfway House Lounge, Johnny’s Roadside (a diner focusing on breakfast and lunch), and the Boathouse, located on the Connecticut River.

The 13 restaurants in the group run the gamut, from sushi to cheeseburgers and milkshakes at the two White Hut locations, and this diversity certainly makes it interesting, said Nick Yee, another of Johnny’s sons, noting that, beyond the wide variety of restaurants, the group is also coping with changes in eating habits, including a tendency among the younger generations to eat earlier and get home earlier.

“In South Hadley, our busiest time starts at 5, and it goes until 8,” he noted, adding that only a few years ago, peak time was closer to 7. “In South Hadley, we used to be open until midnight; now, we’ve cut that down to 9:30, 10.”

As for opportunities for expansion, there are many of them, said Nick, noting that “every restaurant is for sale, really.”

Nate agreed, adding that the group looks at many factors when it explores opportunities — from the lease conditions to parking; from the talent pool to the condition of the building in question — but, ultimately, it comes down to leadership and whether it would make a good fit with the group’s culture.

Maintaining that culture is job one, they agreed, adding that doing so contributes to awards like the one from RAM, but mostly leads to continued growth and success for a group that started nearly 60 years ago and is still thriving, especially in this town that’s progressing right along with it.

 

Community Spotlight

Community Spotlight

Laurie Lammare

Laurie Lammare says the reopening of North Adams Regional Hospital will bring convenience to local residents.

For Laurie Lammare, the reopening of North Adams Regional Hospital (NARH) is a story that touches her professionally and personally.

Professionally … she is now system vice president and COO of NARH, now part of Berkshire Health Systems, moving from an administrative role at BHS to leading the 130-year-old hospital through the next chapter in its intriguing history.

And personally … well, she was born at NARH, her children were born there, and she fully understands the importance of this institution, on many different levels, to the North County communities it serves.

“Being able to offer such services to so many people was exciting work,” said Lammare, a North Adams native, of the long road to reopening the hospital and restoring inpatient service, noting that it was a crushing blow to the community when NARH was closed by its previous owner in 2014 after years of financial struggles and bankruptcies.

Its reopening in March, a decade to the day after it closed as an acute-care hospital, and its subsequent designation as a Critical Access Hospital (CAH) in July, brings new levels of convenience and accessibility to care for people who previously had to travel to Pittsfield for such care — or to visit those who were receiving care.

The reopening of NARH is one of the better stories involving this community of roughly 13,000 people, the second-largest in Berkshire County. But there are others, many of them involving the other major institution in the city — Massachusetts College of Liberal Arts (MCLA).

Indeed, the school, formerly known as North Adams State College, recently earned the sixth spot on U.S. News & World Report’s list of Top Public Liberal Arts Schools in the nation, after earning the seventh spot for the previous three years. The college’s continued commitment to affordable education and economic prosperity is reflected in additional 2025 U.S. News rankings: the fifth-highest performer on social mobility for liberal-arts colleges in Massachusetts and second-highest performer on social mobility for public liberal-arts colleges in the country (more on what that means later).

“Part of re-establishing the inpatient beds at North Adams was really a strategic step in expanding access and reducing the healthcare barriers that the community may have found in traveling down to Pittsfield.”

“It’s always nice to go up, in this case, from 7 to 6,” MCLA President James Birge said of the public liberal-arts ranking, which puts MCLA just behind the service academies and a few other schools. “But the more compelling information is that this is the 10th consecutive year we’ve been in the top 10 nationally, and we’re really proud of that.”

Meanwhile, MCLA continues to add new programs. In 2022, it was radiological technology, and in 2023, it was nursing. This year, it’s a music, industry & production major that drew 60 applications.

James Birge

James Birge says MCLA’s rise in the rankings speaks to its broad mission and its success in carrying it out.

This new program will help students contribute to a changing economy in the Berkshires and North Adams, one that has shifted from manufacturing to the arts, and is perhaps best captured by the conversion of the former Sprague Electric complex into MASSMoCA, the largest modern-art museum in the world.

For this, the latest installment of its Community Spotlight series, BusinessWest takes an in-depth look at North Adams and the many forms of progress there.

 

Turning Back the Clock

Tracing the history of North Adams Regional Hospital, Michael Leary, director of Media Relations for BHS, said its creation was inspired by a horrific rail accident in 1886 — roughly a decade after the opening of the Hoosac Tunnel — known locally as the train wreck at Bardswell Ferry.

The Eastern Express, traveling east toward Greenfield, came off its rails and plunged down a rocky embankment to the Deerfield River, south of Bardswell Ferry. Ten people were killed, and another 31 injured.

“North Adams was a pretty significant city in Massachusetts at that time, but it didn’t have a hospital,” Leary said. “As a result of that catastrophe, some community members got together and formed what came to be known as North Adams Regional Hospital.”

NARH operated for more than 100 years, under an organization known as Northern Berkshire Health Systems, but by the start of this century, it was struggling mightily, he explained.

“They ran into significant reimbursement and financial issues and could not sustain the hospital. They declared bankruptcy at least twice, maybe three times, in the 2000s, and when push came to shove, they could no longer make a go of it. Cash flow had significantly decreased, they were unable to pay their vendors, and they declared bankruptcy in 2014 a final time and closed just days later.”

“We went from a long weekend to 10 days where we helped students adjust to college life — with coursework, social adjustments, connecting to other people on campus who are first-year students.”

State officials and the Department of Public Health asked BHS to step in and at least reopen emergency services, Leary said, adding that the system did this and subsequently purchased the property through bankruptcy proceedings, naming it the North Adams Campus of Berkshire Medical Center and opening several outpatient services there, including imaging, wound care, surgical services, laboratory services, and orthopedics.

In 2023, following changes in the law regarding eligibility for CAH designation — which is granted by the federal government and limited to small, rural facilities that meet certain criteria to qualify for federal support in maintaining services that would otherwise not be financially and/or operationally viable — such status was attained, and BHS moved to reopen the facility under its original name, North Adams Regional Hospital.

The importance of the hospital to the region was summed up by U.S. Rep. Richard Neal in comments made at the ribbon-cutting ceremony for the reopened NARH.

“Throughout my career in public life, I have stood by the notion that legislation changes lives. Today’s announcement is a living example of that belief, as the reopening of North Adams Regional Hospital will have a profound impact on communities throughout North County for years to come,” Neal said. “There are stark inequities in rural and underserved communities as it relates to our nation’s health system. That is why I have long advocated for changes that will address health equity and allow everyone to have a fair and just opportunity to achieve their highest level of health, regardless of who they are or where they live.”

Lammare, who had been with BHS in various capacities for 34 years before being chosen to lead NARH, concurred.

North Adams Regional Hospital reopened in March

North Adams Regional Hospital reopened in March a decade to the day after closing as an acute-care hospital in 2014.

“Part of re-establishing the inpatient beds at North Adams was really a strategic step in expanding access and reducing the healthcare barriers that the community may have found in traveling down to Pittsfield — and to better serve the Berkshire County community members in a coordinated effort through the larger healthcare system,” she said, adding that the hospital reopened with 18 beds and can expand to 25 given guidelines regulating CAHs. The current census is only about five patients a day, but that number is expected to rise with the start of flu season.

 

School of Thought

Birge told BusinessWest that the latest U.S. News & World Report rankings help convey MCLA’s broad mission — and its success in carrying it out, especially over the past several years.

North Adams at a glance

Year Incorporated: 1878
Population: 12,961
Area: 20.6 square miles
County: Berkshire
Residential Tax Rate: $17.14
Commercial Tax Rate: $36.34
Median Household Income: $35,020
Family Household Income: $57,522
Type of government: Mayor; City Council
Largest Employers: BFAIR Inc.; Massachusetts College of Liberal Arts; North Adams Regional Hospital
* Latest information available

Indeed, in addition to providing a quality liberal-arts education, the school has also been a prime mover in that category known as social mobility; the college has been acknowledged on the list of national liberal-arts colleges for social mobility since that ranking was established in 2019.

Specifically, social mobility measures how well institutions graduate students who receive federal Pell Grants, typically awarded to students whose families make less than $50,000, said Birge, noting that most Pell Grant money goes to families with income below $20,000. More than 41% of MCLA undergraduate students receive Pell Grants, and 49% are the first in their families to go to college. Overall, 95% of MCLA students receive some kind of financial aid.

Beyond these rankings, MCLA is seeing other forms of momentum despite slower enrollment this fall, in part due to well-documented problems with federal financial-aid applications, but also due to MassEducate, the state’s free community-college program, which has resulted in fewer transfers to MCLA and other state colleges and universities. (For the long term, Birge noted, free community college will benefit such schools because it will put more students in the transfer pipeline.)

This momentum includes the highest retention rates in more than a decade, which has made up for some of the first-year students the college lost for those reasons stated above. This improvement in retention came about due to some new initiatives at the school, starting with a transition from a traditional first-year student orientation to a 10-day onboarding process.

“We went from a long weekend to 10 days where we helped students adjust to college life — with coursework, social adjustments, connecting to other people on campus who are first-year students,” Birge noted. “Additionally, we invested in more academic advisors on campus a year ago, and as a result, not only did students have a major advisor among their faculty, they had a success coach who walked them through things throughout the year, like how to deal with homesickness, adjusting to college, and time-management skills. In addition to academic advising, they also had personal-life advising.”

The reopening of NARH is also a benefit for MCLA because students in its health programs can now do clinicals at that facility rather than driving to Pittsfield, said Birge, adding that the school also partners, on many levels, with MASSMoCA, where a number of students find internships or employment.

And then, there’s the new major in music, industry & production, which Birge said has “struck a chord” locally.

“The Berkshires have kind of a music vibe,” he explained. “There’s Tanglewood; there’s a world-class recording studio just down the street, Studio 9 at Porches Inn; and we have some faculty members that excel at music theory and performance, and they put together this neat little program.”

It’s one of many developments of note — both literally and figuratively — in this community that continues the process of transitioning and evolving.

Special Coverage Technology

Designs on Innovation

Manufacturing Mash-Up at Gillette Stadium.

Twenty-three companies, including five from Western Mass., were awarded significant grants at this year’s Manufacturing Mash-Up at Gillette Stadium.

 

Yvonne Hao, secretary of Economic Development, put it succinctly when she explained the critical intersection of manufacturing, technology and innovation, and workforce development in Massachusetts.

“Massachusetts excels in advanced manufacturing because of our robust ecosystem made up of researchers discovering cutting-edge tools and technologies, universities spinning out startups and a pipeline of talented workers, and businesses advancing new solutions to meet global demands,” Hao said during last month’s Manufacturing Mash-Up at Gillette Stadium in Foxborough. “We’re excited to showcase the strength of our ecosystem at the annual Mash-Up event, and to invest in the manufacturing sector through these MMAP awards.”

Specifically, she was referring to more than $3.5 million distributed at the event to 23 manufacturing companies through the Massachusetts Manufacturing Accelerate Program (MMAP), which aims to strengthen supply chains and spur growth in the manufacturing sector. The grants will support the creation of up to 130 advanced-manufacturing jobs in Massachusetts and training for up to 151 workers.

“Massachusetts companies benefit from a state that engages with the private sector to catalyze collaborations with nonprofit partners and provide the resources needed to support growth in manufacturing through the adoption of state-of-the-art technologies.”

The Mash-Up, which brings together companies, students, and state officials, is hosted annually by the Massachusetts Center of Advanced Manufacturing (CAM), a division of the Massachusetts Technology Collaborative (MassTech), a public economic-development agency tasked with supporting business formation and growth in the Commonwealth’s tech and innovation sectors.

“Every year, the Mash-Up proves Massachusetts has a vibrant and engaged manufacturing ecosystem,” MassTech CEO Carolyn Kirk said. “CAM is inspiring the next-generation workforce to enter the field, as evidenced by the hundreds of students who turn out to participate in the event.”

MMAP invests in small- to medium-sized manufacturers, funds capital equipment purchases, and creates partnerships between the manufacturers and nonprofit, academic, or quasi-public partners.

Yvonne Hao

Yvonne Hao

“Massachusetts excels in advanced manufacturing because of our robust ecosystem made up of researchers discovering cutting-edge tools and technologies, universities spinning out startups and a pipeline of talented workers, and businesses advancing new solutions to meet global demands.”

“Massachusetts companies benefit from a state that engages with the private sector to catalyze collaborations with nonprofit partners and provide the resources needed to support growth in manufacturing through the adoption of state-of-the-art technologies,” said Ben Linville-Engler, CAM’s chief investment strategist and acting director. “Programs like MMAP also invest in workers through new jobs and upskilling opportunities, which will help ensure we have a strong advanced-manufacturing technology and talent base to support sectors across the Commonwealth’s economy.”

 

Local Impact

Five of the 23 companies awarded grants are based in the Pioneer Valley or the Berkshires. The total amount is $772,134.38, and the projects will create an estimated 27 to 35 jobs.

• Bay State Machine in Easthampton is a manufacturer of components for a wide array of companies within the defense, aerospace, medical, and semiconductor industries. Its $179,000 grant will enable Bay State to purchase a five-axis CNC machining center with an auto loader, allowing it to run lights-out to support its increasing demand for complex parts. As a result of this project, Bay State expects to upskill one to three employees.

• Berkshire Sterile Manufacturing in Lee is a contract manufacturer that produces sterile injectable drugs for biotechnology, pharmaceutical, and medical device companies. Its $200,000 grant will enable it to purchase a state-of-the-art, high-capacity, pharmaceutical-grade vial washer, allowing Berkshire Sterile to ensure compliance with stringent regulations, increase automation capabilities, and save energy while reducing wastewater production. As a result of this project, Berkshire Sterile expects to upskill at least 11 employees.

• Cartamundi in East Longmeadow is a card- and board-game manufacturer that produces games for Hasbro and others. Its $193,134.38 grant will enable it to purchase a high speed, side-weld pouch machine for the manufacturing of plastic card sleeves used to protect trading, game, and collectible cards. There are no known manufacturers of protective sleeves within the U.S., with the current sleeves on the market being produced in China, Vietnam, and Japan. As a result of this project, Cartamundi expects to upskill four to six employees.

• Elegant Stitches Inc. in Pittsfield is a minority-owned custom embroidery and screen-printing company, whose clients include the U.S. Army and the FBI. Its $198,930.21 grant will enable it to purchase two new embroidery machines, a laser cutter and engraver, and a robotic sewing machine, allowing it to produce at higher volumes and efficiency and positioning the company to be a formidable manufacturer in the defense industry. As a result of this project, Elegant Stitches expects to upskill four to six employees.

• Lenco Industries Inc. is the nation’s leading designer and manufacturer of commercial armored response and rescue vehicles used by the U.S. military, U.S. law enforcement, and government agencies worldwide. Its $200,000 grant will enable it to purchase a robotic welding system, allowing it to automate a formerly manual process. Lenco will produce small batches of custom parts and high-volume components at a quality that will meet strict standards. As a result of this project, it expects to upskill seven to 10 employees.

The 18 other grant awardees include Accutronics LCC in Chelmsford ($200,000), Aimtek in Auburn ($106,205), Allium Engineering in Somerville ($200,000), Alogus Innovation & Design in Somerville ($55,217), Atlas Devices in Chelmsford ($100,000), Evans Machine Co. in Brockton ($200,000), Finwave Semiconductor Inc. in Waltham ($61,972), Gemline in Lawerence ($200,000), H&S Tool and Engineering Inc. in Fall River ($200,000), Innofiber in Sterling ($110,000), Iradion in Uxbridge ($84,255), OutCast Lures in Holliston ($58,894), RH Adhesives in Acton ($200,000), Salem Metal Inc. in Middleton ($200,000), South Shore Millwork Inc. in Norton ($200,000), Steele Canvas Basket Corp. in Wilmington ($139,851), Stergis Windows and Doors in Attleboro ($200,000), and Wellness Croft Inc. in Plymouth ($100,000).

Manufacturing

Innovative Strategy

The Healey-Driscoll administration recently announced the expansion of job-training programs for individuals who face barriers to employment, including those staying in Emergency Assistance (EA) shelters. These programs are part of the administration’s efforts to meet the needs of the state’s employers who are looking to hire skilled talent and connect individuals experiencing homelessness with the training they need to get jobs and move out of shelters into more stable housing.

The administration has created a new ESOL (English for speakers of other languages) for Employment program to connect individuals experiencing homelessness with ESOL training, job-placement programs, and career wrap-around services. Eligible applicants, including community-based organizations, training providers, employers, community colleges, and industry associations, can apply at the Commonwealth Corp. website, commcorp.org/funding. The program is open to work-authorized individuals who are eligible for EA, which includes both long-term Massachusetts families and newly arrived immigrant families.

“Training and job-placement programs provide more access to underserved communities while helping our businesses stay competitive.”

“Employers across Massachusetts have job openings in high-demand fields like healthcare, manufacturing, human services, and hospitality. We also have individuals in EA shelter who have their work authorizations, who want to contribute to our communities and economy, and who want to move their families out of shelter into more stable housing,” Gov. Maura Healey said. “These programs help us meet all of those needs by providing EA residents with the training they need to succeed in the workplace and connecting them directly with employers who are hiring. We’re grateful to the Legislature for their continued partnership as we work to lessen the strain on the EA system and strengthen our economy.”

Lt. Gov. Kim Driscoll added that “training and job-placement programs provide more access to underserved communities while helping our businesses stay competitive. We know language is a barrier to employment, and that’s why the administration has launched a cross-secretariat effort to increase ESOL programs across the state, which will improve worker skills and productivity for our businesses.”

The administration has also made additional funding available for current Workforce Competitiveness Trust Fund (WCTF) awardees to incorporate additional cohorts or slots into pre-existing, currently active grants, including Kenneth Donnelly Success grants, ESOL Continuation grants, and Healthcare and Behavioral Health Hub grants. The WCTF invests in initiatives aimed at increasing access to well-paying jobs for residents facing employment barriers and improving the competitive stature of Massachusetts businesses by enhancing worker skills and productivity.

The funding for these programs was provided for in the April 2024 supplemental budget and distributed by Commonwealth Corp.

Additionally, the Division of Apprentice Standards (DAS) has made $500,000 available for training programs for individuals and families in the Emergency Assistance program or in temporary respite sites across the state.

“The Healey-Driscoll administration has been intentional in our efforts to connect work-authorized individuals with job training and placement, and these grants will help this effort by providing necessary workforce supports for some of our most vulnerable residents,” Labor and Workforce Development Secretary Lauren Jones said. “We look forward to working with applicants as they provide vital ESOL training and help individuals and families foster economic stability.”

Commonwealth Corp. President and CEO Molly Jacobson added that “this funding will support employers, training providers, and regional partners breaking down barriers for thousands of job seekers, particularly those experiencing homelessness.”

Manufacturing Special Coverage

Reducing Barriers to Employment

Earlier this month, the Healey-Driscoll administration launched the Massachusetts Workforce Skills Fund, a pilot stipend program to provide financial support for eligible unemployed and underemployed Massachusetts residents enrolled in job training, including the Career Technical Initiative and Workforce Competitiveness Trust Fund programs.

Administered by the Executive Office of Labor and Workforce Development in partnership with Commonwealth Corp., the Workforce Skills Fund is designed to reduce barriers to job training and employment by providing financial support for eligible trainees and also attract and retain untapped talent pursuing skills and credentials for in-demand occupations in manufacturing, construction, healthcare and human services, and more.

The Massachusetts Workforce Skills Fund builds on strategies outlined in the administration’s Massachusetts Workforce Agenda, titled “Meeting the Moment to Attract, Retain, and Develop a Future Workforce,” released earlier this year. The document outlines the administration’s vision, goals, and strategies to support workforce development statewide, and recognizes a stipend program as a resource to attract and retain talent by providing greater means to pursue and persist in job-training programs that ultimately lead to employment outcomes.

Stipends are awarded to participants based on training duration and issued upon completion of three milestones. Participants in training programs that are fewer than three months will receive $3,000, and participants in training programs longer than three months will receive $5,000. Stipends are issued following the first two weeks of training, at the completion of the training program, and upon post-training employment.

“This new program through the Massachusetts Workforce Skills Fund is a meaningful step toward eliminating barriers to employment and building a strong and inclusive workforce,” Gov. Maura Healey said. “By addressing financial obstacles, this initiative will increase access for more individuals to succeed, compete, and contribute to our growing workforce.”

Gov. Maura Healey

Gov. Maura Healey

“This new program through the Massachusetts Workforce Skills Fund is a meaningful step toward eliminating barriers to employment and building a strong and inclusive workforce. By addressing financial obstacles, this initiative will increase access for more individuals to succeed, compete, and contribute to our growing workforce.”

Added Lt. Gov. Kim Driscoll, “as we support economic opportunity and mobility for Massachusetts residents, this new stipend program is an actionable approach to empower unemployed and underemployed individuals who we need active in our workforce. By offering this resource, our administration will maximize the labor potential of untapped talent, supporting both labor productivity and addressing larger social inequities within our workforce.”

 

Targeted Impact

The Workforce Skills Fund is being implemented for two specific, pre-existing programs that focus on unemployed and underemployed workers: the Career Technical Initiative (CTI) and the Workforce Competitiveness Trust Fund (WCTF). The stipends are a fixed amount of flexible dollars provided directly to individuals who will enroll in either of the two eligible approved training programs.

WCTF and CTI programs are designed to attract unemployed and underemployed workers. Yet, an array of barriers may hinder participants and prospective participants from enrolling, completing training, and entering the labor market, such as costs for childcare, transportation, and digital equipment. The stipend program through the Massachusetts Workforce Skills Fund aims to address these and other challenges, facilitating greater access to workforce opportunities.

“As Massachusetts strengthens its world-class workforce, we must provide a world-class support system with greater intentionality to reduce barriers to employment and support persistence and success in job-training programs,” Secretary of Labor and Workforce Development Lauren Jones said. “By launching he Massachusetts Workforce Skills Fund and initiating this stipend program, the Healey-Driscoll administration is teaming up with training providers and proven workforce programs to further attract and retain untapped talent and provide added resources aimed at improving outcomes and opportunities for more job seekers in Massachusetts.”

Lauren Jones

Lauren Jones

“As Massachusetts strengthens its world-class workforce, we must provide a world-class support system with greater intentionality to reduce barriers to employment and support persistence and success in job-training programs.”

Molly Jacobson, president and CEO of Commonwealth Corp., said her organization is excited to see the tangible impact the Massachusetts Workforce Skills Fund will have on job seekers’ lives across the Commonwealth. “This initiative not only provides essential support for people who need it, but also encourages participants to seize new opportunities for their future.”

Meanwhile, Department of Transitional Assistance (DTA) Commissioner Jeff McCue said the Workforce Skills Fund will be an instrumental resource for clients to utilize as they strive to reach their career goals and full employment potential, by providing flexible dollars that will help individuals and families overcome barriers to participating in the workforce.

“The Department of Transitional Assistance currently serves one in six Massachusetts residents with food and cash assistance,” he noted. “In addition to providing essential resources to the most vulnerable people in the Commonwealth, DTA also aims to connect clients with meaningful employment to improve economic mobility for families and ensure their long-term success.”

 

Statements of Support

Aisha Francis, president and CEO of Franklin Cummings Tech in Boston, called the Massachusetts Workforce Skills Fund a crucial resource for the Commonwealth’s technical and trade workforce.

“Stipends make it possible for individuals to complete high-quality training and secure jobs,” she added. “In partnership with the Workforce Competitive Trust Fund and JVS, Franklin Cummings Tech sees the positive impact of financial support on program outcomes. I applaud the Commonwealth’s leadership for recognizing this opportunity and acting quickly to innovate.”

Paul Bello, director of Career and Community Development at South Shore Vocational Technical High School in Hanover, noted that the school will train hundreds of veterans and unemployed or underemployed residents on the South Shore to prepare them for fulfilling jobs in carpentry, manufacturing, landscaping, welding, hospitality, automotive, and HVAC, and looks forward to assisting residents as they embark on new careers with new skills.

“There is great confidence that this program will make an immediate positive impact in people’s lives and will help produce vital members of the workforce in the South Shore area and around the Commonwealth of Massachusetts, he added.

Meanwhile, Susan Almono, director of Grants and Workforce Development at Greater Lawrence Technical School in Andover, noted that the school has provided adult workforce-development training to hundreds of area residents through the Career Technical Initiative.

“We are proud to facilitate entry into lucrative technical careers. However, often candidates can’t take advantage of this opportunity because they need to work rather than increase their skills, in order to pay the bills. We’re thrilled with the new Mass Workforce Skills Fund stipend program and the impact it will have on the lives of area residents. Trainees will be sustained through training and have access to career ladders to stability.”

 

Berkshire County Special Coverage

Progress and Promise

 

Rebecca Brien was born and raised in Berkshire County and has lived in Pittsfield for the past 30 years, so she knows something about the ebbs and flows of the economy and how that impacts a city and its downtown.

“When an organization like General Electric or a major employer leaves, it does create this gap,” she said, which is why she’s thrilled that 20 new businesses have set up shop downtown over the past two years.

And why she’s equally excited to be managing director of Downtown Pittsfield Inc. (DPI), which has been advocating, convening, and promoting downtown businesses since its launch in 1983.

“We act as a chamber of commerce for downtown. It’s a membership-driven organization; members consist of the usual retailers, restaurants, and cultural and entertainment venues. Nonprofit organizations are welcome, and we work very closely with key property owners downtown as well,” Brien explained.

“We have a vision for as many businesses to join our membership as possible. We have really great diversity downtown, and we want to make sure we welcome as many people as possible and create more foot traffic and a bustling district. Our mission is to strengthen and promote membership through advocacy, collaboration, and celebration.”

The advocacy element means DPI acts as a representative for its members to the city of Pittsfield, speaking to what members want to see downtown. One example has been the parking situation.

“We’ll be announcing, in the next few weeks, meetings to talk about what other changes will best represent what we want the downtown to be — lanes for parking; sidewalks for events and dining; individuals who need more protection, such as bikers or people with motorized scooters — we’ll find what works best for what we want.”

“We worked very closely with membership and City Hall in terms of changing parking along the downtown to be a three-hour limit, which allows for more turnover in parking spaces right on the street,” Brien said. “That’s something that was brought to us by our members. We conducted a survey and brought it to City Hall, and changes have been made. It makes a great difference for retailers when there are open spaces available along North Street.”

DPI also brought a proposal to the city to look at angled parking downtown, but further discussions will be more comprehensive and encompass a fuller plan.

“It prompted the city to go a step further and work with a consultant and talk about many different types of configurations downtown, rather than making a quick decision and a quick paint job,” Brien noted. “We’ll be announcing, in the next few weeks, meetings to talk about what other changes will best represent what we want the downtown to be — lanes for parking; sidewalks for events and dining; individuals who need more protection, such as bikers or people with motorized scooters — we’ll find what works best for what we want.”

Meanwhile, DPI worked with the city on a collaboration called Downtown Blooms, which develops and improves gardens throughout the district. “This program is converting many gardens downtown from annual plantings to perennial beds, and actually saves money for the city.”

First Fridays at Five

First Fridays at Five have featured live music, art, dance, family fun, shopping, food, and entertainment throughout downtown Pittsfield.

But perhaps the most visible aspect of DPI’s work is downtown events, from First Fridays at Five — which spreads art, music, food, family fun, and more across the downtown every month — to First Friday Artwalks, which engage the public with artists and galleries, and Let It Shine!, which is a public art project that has installed almost 20 new murals downtown over the past two years, with funding from MassDevelopment and a host of other local entities. “Last year brought international artists, and we also work with local artists,” Brien said.

In short, DPI seeks to raise the profile of downtown Pittsfield in myriad ways, while supporting businesses both old and new in what she calls “the urban epicenter of Berkshire County.”

 

Raising All Boats

Downtown Pittsfield Inc. is a lean operation; Brien is the only full-time staffer, and she’s assisted by two part-timers, Marketing Coordinator Kimberly Gritman and Executive Administrator Arri Better.

“So we’re very lucky to have 25 board members and our downtown stakeholders that can help us in terms of programming activities and making connections,” Brien noted. “In terms of hands-on staff, we’re very small.”

The organization has worked with the Pittsfield Cultural Assoc., municipal departments, and other entities on events and programming, and, as noted, there’s quite a lot of both.

Brien came on board DPI two and a half years ago — an exciting time, in some ways.

Rebecca Brien

Rebecca Brien

“There’s a lot of work going on and a lot of partners to work with.”

“Coming out of the pandemic, there was a lot of funding,” she said, noting initiatives like the American Rescue Plan Act and a program of DPI and the Pittsfield Economic Revitalization Corp. (PERC) called Glow Up! whereby businesses and property owners are awarded grants up to $10,000 for signs, painting, lighting, and improvements to their entryways.

This past spring, the second round of grant recipients was announced, including Angelina’s Submarine Shop, Berkshire Pipe & Tabacco, Clark Vintage Lighting, Independent Mobility, Phoenix Theatres, Hotel on North, Otto’s Kitchen & Comfort, Pittsfield Health Food Store, Soda Chef, Thistle and Mirth, and the owners of the Brothership Building and the Dunham Block.

Recipients are selected using a grading system that ranks their responses on how COVID-19 impacted their business, the details of the projects to be funded by the grant, and on the impact the projects would make on their space.

Meanwhile, the Berkshire Black Economic Council introduced VIBE grants for new businesses last summer — the first four recipients were Guelce Collaborative Marketing, BB’s Hot Spot LLC, Dolce Rose Beauty Supply, and Brazzucas — while PERC and MassDevelopment funded Boost! North Street, which supports local businesses through competitive grants and professional consulting. The initial cohort includes ASTScuba/Aquatic Roots, Berkshire International Market, Clark Vintage Lighting, Dottie’s Coffee Lounge/Dorothy’s Estaminet, Empire Pizza, Espetinho Carioca, Methuselah Bar and Lounge, Otto’s Kitchen and Comfort, Placita Latina Restaurant and Market, Steven Valenti Clothing, Tito’s Mexican Bar and Grill, and Witch Slapped.

“It’s made for a wonderful period to come in. There’s a lot of work going on and a lot of partners to work with,” Brien said, adding that Chuck Leach, president of Lee Bank and the newest DPI board president, sees the potential as well. “He’s not a resident of Pittsfield, but he recognizes the importance of Pittsfield to the community, and Lee Bank has made major investments in building downtown and really bringing it to the next level.”

Berkshire Museum is a key cultural driver downtown, with activities and exhibits for the whole family.

Berkshire Museum is a key cultural driver downtown, with activities and exhibits for the whole family.

But Downtown Pittsfield Inc. also has its eye on issues like public safety and social services. “The thing about Pittsfield is, although we’re a tourist area, we’re also a major epicenter in terms of urban services,” she noted, which is why a healthy city isn’t just about arts, events and recreation, but good jobs and easily accessed supports for those who struggle with housing insecurity, food insecurity, and health and mental issues.

“The biggest thing now is how to maintain the momentum,” she went on. “It has to do with our community partners realizing where we are economically and where people are at, and make sure places like food pantries are well-staffed and well-supported.”

 

Creating a Framework

While helping the city move ahead in many ways, DPI also recently relocated its office to the heart of downtown, at 431 North St., former home of Jan Perry Realty, hosting a ribbon cutting and open house on Sept. 15. DPI is also managing the Framework co-working space at 437 North St., offering rentals of semi-private offices, a classroom, and a boardroom to DPI members and the public.

“We’re also able to offer classes on things like how to better market your own business and how to do collaborative marketing with other members. We have such great offerings, and we want to make sure people know about it,” Brien said, adding that Downtown Pittsfield Inc. also hosts quarterly meetings with Mayor Peter Marchetti.

All these collaborations and connections have generated positive vibes, which Brien appreciates, even though she knows there’s always work to do.

“I’ve had people stop me on the street regularly and tell me things are wonderful. We’ve had letters to the editor about how great things are looking. For our July 4th parade this year, our downtown had never looked better,” she said. “But we recognize there are things that every small town or large city are struggling with right now, and we recognize that changes are needed, even small increments at a time.

“But I really believe this upcoming year will be our best year ever,” she added, encouraging residents to not only check out the the improvements and events, but to talk them up, as a way to change the narrative around downtown and keep the momentum going. “That’s what I would recommend for every community at this time.”

Opinion

Opinion

By Jennifer Gilbert and Angelina Ramirez

 

Massachusetts has a housing crisis. But we’re seeing how the push for solutions is having positive results.

The Massachusetts Legislature recently passed a housing bond bill designed to jump-start housing production and make housing more affordable. With this progress, now is a perfect moment to focus intentionally toward the needs of a population where housing instability can upend every facet of life: people with disabilities.

Turning our attention toward supporting this population is especially important because addressing the housing crisis for this population — about 12% of our Commonwealth’s households — requires distinct attention to distinct needs.

First, Massachusetts has some of the oldest housing stock in the country. We may be right to cherish our triple-deckers. They are, however, not easily converted for people who have mobility issues. Just a single step at an entrance or uneven floor levels can mean someone with a cane or walker or wheelchair cannot be housed. It is also a common reason people need to move: how many of us wonder how long we can climb the stairs?

In the western part of the state, there has been even less new housing production. New multi-family buildings are required to have accessible units, but we just don’t build that many. There is an opportunity with new housing production to address the range of needs of households with disabilities, with potential steps such as:

• Requiring, at the local planning level, that developers go beyond the federal housing requirement of at least 5% accessible units in new buildings;

• Requiring more universal access to address the fuller range of housing needs and aging in place; and

• Integrating processes that ensure people with disabilities are aware of and move into accessible housing once built.

Second, the goal must be both affordability and accessibility. Households with a disabled member are more likely to experience poverty. In line with national numbers, only about one-third of people with disabilities in Massachusetts are employed. Many rely on Supplemental Security Income, which is around $1,100 a month. For comparison, the median rent in Springfield is $1,047.

Stavros serves about 9,500 people a year in this population and helps about 200 new consumers a year find housing that works for them. In June, Housing Navigator Massachusetts released the first data on affordable and accessible housing in our state’s inventory of income-restricted housing — the very housing intended to serve low- and moderate-income households. The simple truth is that there is not much of this critical housing type, and the distribution is even more sparse outside Boston.

Even within the category of housing that is affordable and meets ADA access requirements, much is not affordable for the lowest-income households. This housing crunch is even more true for people who need a home that has two or more bedrooms, either because of a family or the need for an attendant or equipment. In Stavros’s service area, we identified only 950 affordable and accessible units, with only about one-third of those (337 units) serving people needing two or more bedrooms.

The data confirmed what many already knew: we need to build intentionally. We need to match dollars that lower the rent with homes in terms of location, layout, and other modifications that work for people with disabilities. Going forward, we must emphasize — down into the details that make the difference — housing that is both deeply affordable and accessible.

For everyone, a stable home is the foundation for everything we do. Now is the time to focus on housing that is affordable and accessible. These two measures add up to homes where people with disabilities have that same foundation and the opportunity to thrive.

 

Jennifer Gilbert is the founder and executive director of Housing Navigator Massachusetts, which offers a free online search tool and data about the Commonwealth’s affordable housing. Angelina Ramirez is the CEO of Stavros, a Western Mass. nonprofit that helps people with disabilities take charge of their own lives. She also serves on the Housing Navigator Massachusetts board of directors.

Special Coverage Technology

Connecting Communities

 

It’s all about connecting communities, Comcast says — and public-private partnerships that continue to bear fruit in closing the digital divide.

Comcast recently submitted 91 applications in the second round of the Broadband Infrastructure Gap Networks Grant Program, administered by the Massachusetts Broadband Institute (MBI), a program that funds the deployment of high-speed broadband to unserved or underserved locations in Massachusetts.

“Comcast has a proven track record of connecting residents and businesses in the Commonwealth to reliable and fast internet service, and we look forward to partnering with MBI to further expand the Xfinity network to fully connect local communities,” said Carolyne Hannan, senior vice president of Comcast’s New England Region.

“We have completed five broadband expansion projects in partnership with the MBI, connecting more than 3,000 homes and businesses since 2018,” she added. “Endorsement by the MBI of the applications would build on the successful public-private partnership.”

Throughout Massachusetts, Comcast has invested almost $909 million over the last three years in private capital to build, maintain, and operate its Xfinity network. The company notes that this investment has enabled it to expand its network capabilities and stay ahead of consumer demand, as the need for fast, reliable, and secure internet continues to grow.

Meanwhile, public-private partnership models, like MBI’s grant program, are necessary to reach locations where the economics prevent private investment alone. The company has already received more than 140 letters of support from communities across the state for the applications.

Carolyne Hannan

Carolyne Hannan

“We have completed five broadband expansion projects in partnership with the MBI, connecting more than 3,000 homes and businesses since 2018.”

“Comcast wants to serve as many customers as is geographically and economically feasible,” the company told BusinessWest. “As we continue to evaluate these opportunities for network expansions, especially in rural areas where there can be significant infrastructure challenges, we partner with municipalities and groups like the Massachusetts Broadband Institute for grants that help change the economics to expand in the most cost-efficient manner.”

Through the first round of the Broadband Infrastructure Gap Networks Program, Comcast was awarded grants to connect unserved and underserved residents in Monson, Palmer, and Ware, as well as communities in Martha’s Vineyard and Nantucket. Additionally, it has expanded its network in partnership with the MBI in Western Mass., connecting previously unserved homes and businesses.

It completed its first public-private partnership with the MBI in 2018, enabling the launch of gigabit services in nine Western Mass. towns, bringing Buckland, Conway, Chester, Hardwick, Huntington, Montague, Northfield, Pelham, and Shelburne to the MBI’s overall coverage goal of 96% or above. Since then, Comcast has completed four ‘last mile’ projects in Middlefield, Montgomery, Tolland, and Worthington.

 

Seeking Equity

Among the Massachusetts Broadband Institute’s other initiatives is its Municipal Digital Equity Planning Program, which provides municipalities with free strategic planning from pre-qualified consultants to help determine the main impediments to internet access and focus on solutions to bridge the existing digital divide, while tackling issues around affordability, digital-literacy training, device access, and other barriers.

“Massachusetts continues to lead the nation in addressing the digital divide, empowering municipalities statewide with vital resources to enhance accessibility and education,” Economic Development Secretary Yvonne Hao said earlier this year in announcing that 16 more cities and towns joined the program.

“This program will enable more municipalities to empower their residents, providing not only internet access, but also with the necessary training, devices, and expertise to compete in the digital economy. As commerce, job opportunities, and essential resources shift online, ensuring robust connections is crucial for residents to excel now and in the future.”

Michael Baldino

Michael Baldino

“Alongside our planning partners, we are excited to provide these communities with the support to help connect with their residents, to ask the right questions, and to receive data-driven results that will enable them to get the right mix of support to their residents.”

Michael Baldino, director of the MBI, added that, “alongside our planning partners, we are excited to provide these communities with the support to help connect with their residents, to ask the right questions, and to receive data-driven results that will enable them to get the right mix of support to their residents.”

There are now 78 municipalities participating in the Municipal Digital Equity Planning Program, a $145 million initiative launched last October. The latest round of 16 includes Springfield, as well as Hampden, Leverett, Otis, Shutesbury, and Westhampton.

The projects vary in scope. Springfield is building on the work done by its City Council’s digital equity subcommittee and interest from residents. The city acknowledges several barriers to digital equity, including equitable access to devices and skills, and intends on using surveys, public meetings, data collection, mailings, community events, tabling in public spaces, and interviews to uncover the reasons for these barriers. Working with consultants to build a digital-equity plan, Springfield aims to establish a coordinated, focused process.

Meanwhile, the town of Otis will spearheard several planning activities through its Municipal Light Plant to expand and improve digital equity. The municipality has previously installed a fiber-to-the-home network, but some seniors and students are unable to access it due to lack of training and equipment. In order to solve this, the town will conduct outreach to residents who are not typically involved in public meetings or do not respond to surveys.

And in Westhampton, the town’s 2022 master plan survey found that 92% of respondents noted the importance of reliable broadband for functioning city services (including emergency response) and to maintain the local economy. So Westhampton is prioritizing reliable access to high-speed internet by working with service providers and the MBI to learn more about existing network availability and reliability. The town will also focus on distributing devices, expanding literacy, and creating financial resources to help last-mile neighborhoods and remote locations.

In short, the MBI’s Municipal Digital Equity Planning Program aims to accomplish two goals: to guide municipal decision making and investments that will increase access, adoption, and usage of the internet, and also to prepare municipalities to submit grant proposals to state or federal programs to support digital equity activities.

Into the Future

Meanwhile, private-sector efforts to connect communities continue. Comcast recently announced higher upload and download speeds are now available to all customers in Holyoke, Longmeadow, West Springfield, and Westfield. In addition, work is nearly complete to provide these faster speeds to all customers in Southwick and Springfield, with the vast majority of those customers already experiencing these faster speeds.

“Modern networks require constant investment and innovation to remain resilient, secure, and future-ready,” the company noted. “The need for fast, reliable, and secure Internet will continue to grow, and Comcast is ensuring customers can stream, surf, and share on a network and service they can rely on today and in the future.”

Education

New Title IX Compliance

By Kathleen E. Dion and Sabrina Galli

 

Schools across the nation were required to comply with the new Title IX regulations by Aug. 1, 2024, and were undoubtedly given a lot to think about. As institutions continue to iron out new policies and procedures, they will need to balance a number of moving pieces. When trying to prioritize implementation, here is a list of top questions federally funded institutions should ensure they have answered.

1. Is the school’s Title IX coordinator up to date on all new regulations? The Title IX coordinator’s role has been greatly expanded by these new regulations, and it is of the utmost importance that such coordinators are aware of all changes.

For example, coordinators should be aware that the breadth of activities covered under Title IX have increased, such that the new Title IX regulations also apply to conduct that occurs in a building owned or controlled by a recognized student organization, conduct outside of the U.S. (for example, in study-abroad programs), and conduct subject to the school’s disciplinary authority. Additionally, coordinators should be prepared for an influx of complaints now that such complaints are no longer required to be formally in writing.

2. Does the institution’s Title IX policy include the expanded scope of sex-based discrimination? Under the new regulations, sex discrimination now includes “all forms of sex-based discrimination,” as opposed to only sexual harassment, based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. The regulations also prohibit discrimination based on parental, family, or marital status.

3. Have all necessary non-discrimination policies been drafted and finalized? The new Title IX regulations require that a notice of non-discrimination be provided to students, employees, applicants for admission and employment, and all unions and professional organizations holding collective-bargaining agreements.

Further, if they did not have a policy in place already, schools also must ensure that they have a policy prohibiting retaliation, including at the peer level, and that the policy calls for handling complaints of retaliation the same way it manages complaints of other forms of sex discrimination. The U.S. Department of Education has released helpful guidance on drafting such policies, which may be helpful to institutions as such policies are implemented and/or revised.

4. Is there a schedule or plan in place for annual employee training? Schools must annually train all employees on Title IX, their obligation as employees to address sex discrimination, and their reporting requirements. Different training is required for each of four employee statuses, pursuant to the following categories:

• All employees;

• Investigators, decision makers, and individuals with authority to modify or terminate supportive measures;

• Facilitators of informal resolution processes; and

• Title IX coordinator and designees.

Practically speaking, institutions will have to evaluate the best method for ensuring that the training reaches all employees. Schools may consider implementing mass Title IX trainings for employees or incorporating such training into other meetings or trainings that are already in place. For example, institutions may consider incorporating such training into pre-existing staff meetings to effectively reach all employees rather than imposing additional, separate training times wherein some staff may not be available or are reluctant to attend.

5. Did the school decide to implement an informal grievance process? The new regulations permit schools to adopt an informal resolution process for complaints of sex discrimination based on sex stereotypes; sex characteristics; pregnancy or related conditions; sexual orientation; gender identity; parental, family, or marital status; as well as for complaints of quid pro quo sexual harassment and Clery Act offenses for non-students. This informal process is less prescriptive and gives the investigator additional flexibility in facilitating the investigation.

6. Is the institution using a single-investigator model, and does it accomplish the school’s objectives? The single-investigator model allows the investigator to also act as the decision maker in the Title IX case. This means that they are not only conducting all of the interviews and collecting all of the evidence, but also assessing the credibility of all parties and rendering a decision as to whether a Title IX violation occurred.

First, institutions should confirm that the single-investigator model is permitted in their jurisdiction, as not all courts have allowed it. The single-investigator model has been critiqued for potential pitfalls in providing due process, but it also often has the benefit of efficiency and can be helpful given that the investigator is generally most familiar with all facets of the case.

Second, if the school’s jurisdiction does allow for use of the single-investigator model, then there are a number of questions to consider, including whether the institution wants to use said model, whether it will conduct investigations in-house or outsource, and whether parties will be permitted to pose questions to the decision maker.

7. Has the institution decided to use live hearings? Is that method working for the needs of the school? Live hearings, which were once required, are now permitted but no longer required. Schools can evaluate the use of a live hearing on a case-by-case basis. If a school has decided to use live hearings, has a decision been made on:

• What criteria will be used to determine whether to do so for each case?

• Whether live cross-examination will be permitted?

• Whether the school will provide an advisor to parties who do not have one?

Schools should keep in mind that, if they choose not to conduct live hearings, they still must allow parties to propose relevant and permissible questions to the other side and that investigators must record party and witness interviews, subsequently providing each party with an audio or audiovisual recording or transcript of said interviews with time to propose follow-up questions.

If schools decide to pivot away from the use of live hearings, evaluate whether the new process is working. Is the process more or less effective and/or time-consuming than the use of a live hearing? Does the new process affect the decision maker’s ability to reach an equitable result? It is common for new policies to include a bit of trial and error.

Overall, as institutions ensure compliance with the new regulations, it would not be surprising to see schools continue to revise policies based on how the new procedures pan out in practice. This is especially true given that the new regulations give schools more autonomy in deciding how to manage grievance procedures and related policies despite expanding the applicable scope of conduct.

With the new school year underway, Title IX teams should keep an eye out for how their chosen policies work in practice and consider any needed changes as the school year progresses.

 

Kathleen E. Dion is chair of the education industry team at Robinson+Cole. She represents private schools, colleges, and universities in a variety of civil matters, such as tuition disputes, allegations of staff misconduct, and Title IX matters. Sabrina Galli is a member of Robinson+Cole’s business litigation group and education industry team. She represents corporate clients in general commercial litigation matters involving breach of contract and business torts, as well as in arbitrations, mediations, and settlement negotiations.

 

Workforce Development

Certified Diverse Businesses

By Julie A. Dialessi-Lafley, Esq. and Britaney N. Guzman-Bailey, Esq.

It is no secret that running a profitable business can be difficult. It can be even more difficult, however, for women, minorities, veterans, persons with disabilities, and members of the LGBTQ+ community, who often face systemic obstacles to achieving sustainable economic status for their businesses.

Julie Dialessi-Lafley

Julie Dialessi-Lafley

Massachusetts has created various public programs for certain diverse business enterprises to address this issue, such as the state’s certification program through the Supplier Diversity Office (SDO).

The SDO currently certifies the following business categories: Minority (MBE), Women (WBE), Portuguese (PBE), and Veteran (VBE). The SDO also has agreements with third-party organizations to certify additional business categories: Service-disabled Veteran (SDVOBE), Lesbian, Gay, Bisexual, and Transgender (LGBTBE), and Disability-owned (DOBE).

The qualifications and requirements for each are easily found on the Commonwealth’s website. For a quick list, an interested business may review the SDO certification program at www.mass.gov/certification-program-for-sdo.

In addition to certifying businesses, the SDO also provides certified diverse businesses with networking opportunities to market their goods and services to potential buyers. The SDO certification may give business enterprises a competitive edge when seeking contracts with the government because the SDO sets benchmark spending goals for state-agency buyers to purchase goods and services from certified business.

Additionally, applica nts enjoy the marketing benefit of being listed in the SDO’s directory of certified businesses. A complete list of SDO-certified businesses can be found again at the Commonwealth’s website.

For certification, a business entity must be both owned and controlled by eligible persons and or principals, be free of any conversion rights, be independent, and be ongoing. An eligible person is an adult permanent resident of the U.S. who is a minority, veteran, person of Portuguese origin, LGBT individual, person with a disability, and/or a woman. An eligible principal must own at least 51% of the business enterprise or, if a nonprofit organization, must be in control of the organization.

Clarification of the categories is helpful and may result in being eligible based on more than one criteria. For example, in order to qualify as a minority, one is defined as an Indian or Indigenous, Asian, Black, Hispanic, or Portuguese person.

 

Careful Consideration

The Commonwealth looks carefully at all requirements. In order to meet the requirement of being free from conversion rights, neither the applicant nor the eligible principals may be subject to a scheme that, if exercised, could result in diluting the ownership of the eligible principals below 51% or cause the entity to not be independent or not controlled by eligible principals.

Under the independence requirement, the applicant cannot be dependent or affiliated with, or influenced by, legally or in practice, any other business enterprise or organization regarding its day-to-day or long-term affairs. The applicant cannot rely on or regularly utilize employees or workforce who, while performing work for the applicant, are in the course of employment with or under the direct control of another person or business entity other than the applicant. The SDO will deem an applicant not independent if the applicant presents insufficient evidence of having the capability to perform, with its own workforce, equipment, and facilities, the work it contracts to perform.

As to the ongoing requirement, the applicant must show that it was not formed for the of taking advantage of the certification program. Reorganization and/or ownership changes that subsequently render an applicant eligible for the SDO certification that occurred within the 12 months prior to application will create a rebuttable presumption that the changes were made to take advantage of the program. In order to rebut the presumption, the applicant must show that it has available resources that are appropriate for a business of its type and that it actively seeks out contracts for services. Essentially, demonstrating ongoing business and having financial resources will demonstrate the legitimacy of the business seeking certification.

Part of the application process includes attendance at a mandatory, two-hour workshop before applying for the SDO certification. It is only after attending the workshop that an applicant may gain access to the application portal. The certification process may take up to 60 days following the submission of an application.

In order to determine if a business may qualify before undergoing the rigor of the workshop and application process, the SDO offers a self-assessment tool for anyone unsure if their business may qualify for a SDO certification. The assessment can be found at www.mass.gov/forms/take-the-certification-self-assessment.

SDO certification typically lasts for three years, at which point the certification will automatically expire. Companies are removed from the SDO directory after expiration unless certification is renewed in a timely manner.

If there have been no material changes regarding the business, the applicant should submit a renewal affidavit attesting to the same and comply with any requests for information from the SDO certification specialist. Changes in ownership, control, or independence are some of the circumstances identified as a material change; naturally, if there have been material changes, the applicant must notify the SDO. The applicant has within 30 days of the change to notify the SDO or risk decertification.

 

Opportunity Knocks

As of June 5, 1,924 Massachusetts businesses are registered as WBE, 1,442 MBE, 576 DBE, 111 VBE, 74 SDVOBE, 60 PBE, 44 LGBTBE, and 20 DOBE.

Of these registered businesses, 154 of them are nonprofits, and the major business industries include service, construction, goods, technology, transportation, and manufacturing. Although 3,050 Massachusetts businesses are certified, only 223 of those businesses are registered from Hampden County, 69 from Hampshire County, 52 from Berkshire County, and 16 from Franklin County.

There is a lot of opportunity for a registered business, and the numbers indicate there are numerous businesses in the local footprint that would likely qualify but have not registered yet. In addition to the publicity around the certification, the certification also provides the business access to exclusive contracts and subcontract opportunities to help its bottom line. Clearly, well-positioned businesses and entrepreneurs understand getting an edge on the competition may help secure their foothold in the marketplace, and being a certified diverse business in the Commonwealth may be one such way to stand out.

Becoming a certified diverse business may also result in new networking and marketing opportunities and expanded opportunities to contract with the Commonwealth of Massachusetts. As the requirements for certification may differ based on the location of the business and business type, it is important that you obtain legal advice for your business on its potential eligibility and to assist through the certification and/or recertification process.

 

Julie Dialessi-Lafley is a shareholder and Britaney Guzman-Bailey is an associate at Bacon Wilson, P.C.

Features Special Coverage

The State of the Bay State

 

Brooke Thomson said her story is of the kind the Bay State and its leaders like to write.

Hailing from the Midwest, she graduated from Mount Holyoke College, went to law school in Boston, and then made the decision to start her career and raise a family here.

It wasn’t easy, she recalled, noting that she needed roommates when she got her first apartment, and housing in the Boston area, as well as countless other expenses, made those early years — and even the later ones — a stern challenge.

But she stayed and is now president and CEO of Associated Industries of Massachusetts (AIM), a position from which she reflects on, and often retells, her story while noting, with large doses of frustration and even dismay, that it is becoming a harder story to write today.

Indeed, some of the thousands who graduate from Bay State colleges and universities each year are opting not to start their careers here, said Thomson, who sat down recently with BusinessWest to discuss the state of the Bay State. And some who did start here are finding it too difficult to stay amid sky-high prices for everything from homes to daycare and tax burdens that are far less friendly than many other states, including several in the Northeast.

This exodus, if you will, is one of many forces, most of them interconnected in some ways, that are colliding at what is an inflection point for the state, said Thomson, a critical time in its history, when the dust has largely settled from COVID and its aftermath, and this state, like all others, must devise a business plan, if you will, for coping with a new set of realities.

“Businesses, municipal leaders, state leaders, and federal leaders must make sure we’re putting in place the economic incentives and the regulatory pathways so that we can continue to have a strong economy in Massachusetts.”

These forces include the momentous shift in how and where people work post-pandemic, a swing toward remote work and hybrid schedules that is impacting everything from commercial real estate to hospitality and service businesses in central business districts in cities from Boston to Springfield and everywhere in between. They also include demographics — everything from smaller high-school graduating classes to huge numbers of retiring Baby Boomers — a persisting workforce crisis impacting most all sectors of the economy, falling state tax revenues, transportation issues led by the famously unreliable MBTA, a housing crisis that is impacting most of the 351 cities and towns in the Commonwealth, high energy costs and the growing need to address climate change, and, of course, the spiraling cost of living, punctuated by sky-high home prices, not just in Boston, but in an ever-wider radius around the city and many other parts of the state as well.

A poignant example of how many of these forces are intertwined came late last month, when Boston Mayor Michelle Wu proposed legislation to increase commercial property tax rates amid a decline in property values post-pandemic — and as many buildings suffer from remote-work-related issues — in an effort to protect residents from what she called “sudden and dramatic tax increases.”

The matter went to a subcommittee last week, where its fate is in question, especially in an election year, and amid warnings from real-estate trade groups and business leaders that the move would increase the burden on an already-struggling office market and could deter new investment.

Brooke Thomson

Brooke Thomson says housing — and the need to build more of it — is among the many challenges confronting the Bay State at this critical time.

Wu’s proposal, and the reaction to it, are examples of how complicated these problems are — neither side is really in a position to absorb a higher tax burden — and how elected leaders, the business community, and even residents are going to have to work collaboratively in this time of stern challenges, Thomson noted, adding that the state’s businesses, despite some rumors to the contrary, cannot shoulder the burden itself.

“I think this is a critical time because there is so much uncertainty and because we are coming out of the COVID bubble,” said Thomson, who took the helm at AIM at the start of this year. “Businesses, municipal leaders, state leaders, and federal leaders must make sure we’re putting in place the economic incentives and the regulatory pathways so that we can continue to have a strong economy in Massachusetts.

“I think we’ve seen elsewhere in the country that, depending on what actions are taken, certain cities that used to be centers of business and growth are no longer there,” she went on. “Part of this was out of our control, part of it was this COVID bubble where everything was shut down and then people re-evaluated how they worked and where they worked, and businesses re-evaluated where they located and what their space looks like and where they draw talent from. But as we are moving out of that, we must collectively figure out the right sauce, the right recipe, sort of speak, for success.”

For this issue, BusinessWest talked with Thomson about this recipe and the ingredients that might go into it.

 

Work in Progress

Thomson said she can usually tell what day it is — or isn’t — by the volume of traffic in and around Boston.

While it’s still difficult to get where one wants to go most of the time, Mondays and Fridays are at least somewhat better, she said, adding that, by and large, these are the days when many who can and do work a hybrid schedule are not in the office. And the impact of that many people working from their home offices or dining-room tables is felt not just on the roads, but in the office towers in that city, where valuations are falling, and the countless diners, restaurants, and service businesses that rely on foot traffic from people working in the city.

“Tuesday, Wednesday, and Thursday — that’s when people are coming in,” she said. “And that presents a whole host of challenges; it exacerbates transit, and if you have a workforce, like ours, that’s in this sandwich generation where they’re caring for children but also caring for parents, not only do we not have enough support there, but our systems are not set up where daycare facilities have a Tuesday-Wednesday-Thursday schedule.”

“There are a lot of things we have to move on quickly, meaning right now, to set ourselves up to be in a place of continued growth so that, 10 years from now, some of these trends that we’ve seen, like outmigration and tax-return dips, don’t continue. But it’s going to require some strong action right now.”

While Boston is the poster child for the challenges that have come post-pandemic, the same issues are being seen in communities across the state and in businesses of all sizes and in most every sector.

Indeed, she said AIM, which employs more than 25 people full-time, exemplifies the current colliding forces and trends. It has seen a few of its valued employees leave the agency and the Commonwealth for more affordable states, she said. Meanwhile, it is preparing to move into new quarters and reduce its overall footprint to reflect a need for less space amid more remote work.

“Like a lot of businesses in the wake of COVID, we re-evaluated what our footprint should look like and where we should be,” she said, adding that the agency is slated to move in June into space that is slightly smaller, but also features more “collaborative space,” as she called it, and more gathering and event space amid fewer private offices.

As for losing employees to other states, “we’ve lost two people in the past year who were under 30,” she said. “It’s not because they didn’t love Massachusetts; it’s not because they didn’t love AIM. One moved to Tennessee, and one moved to Texas because those states are more affordable, and they have the prospect of buying a home.”

Extrapolate these recent developments across the state and its business community, and it’s easy to see why this is a critical juncture for the Commonwealth, Thomson said.

She can cite some positives and possible reasons for optimism — everything from the tax cuts Gov. Maura Healey signed into law last fall to projections that falling state tax revenues may pick up in the last few months of the fiscal year; from persistently low unemployment rates to signs on Beacon Hill that leaders there understand what needs to be done.

“I remain cautiously optimistic because many municipal leaders, and our administration, are laser-focused on providing incentives to try to make it very clear to the business community that Massachusetts wants businesses to be here and wants businesses to grow,” she said. “And they recognize that, for there to be good jobs and good quality of life and affordable housing, we have to have a strong economy.

“I haven’t seen that messaging in recent years as strong as I’m hearing it now,” she went on. “The question is … will the actions that go along with that be put into place and be effective? From AIM’s perspective, that’s why we’re working alongside the administration and the Legislature to say, ‘now is the time to act.’”

Elaborating, and citing ways in which in the state and its leaders need to act, she listed the housing bond bill proposed by Healey, as well as the so-called ‘Mass Leads’ legislation, an economic-development bill that contains incentives for businesses.

“We have to look at this because, as we see the demographic shift, as we see folks retiring, we’re going to have a real problem if we’re not saying to those young folks, ‘this is where you want to stay and work and raise a family.’”

“There are a lot of things we have to move on quickly, meaning right now, to set ourselves up to be in a place of continued growth so that, 10 years from now, some of these trends that we’ve seen, like outmigration and tax-return dips, don’t continue,” she went on. “But it’s going to require some strong action right now.”

 

It’s About Time

Thomson kept repeating those words ‘right now’ for emphasis, and they apply to everything from housing to how the state will meet its energy needs in the future as it moves on from nuclear power and some fossil fuels to natural gas and clean-energy sources such as solar, wind, and hydro, for which infrastructures must be built.

“If it’s not done quickly, 10 years from now, 15 years from now, I don’t think we’re going to be at a point where we have as much control over turning the ship around,” she told BusinessWest, adding, again, that the responsibility for turning the ship, and the costs involved, must be borne by all constituencies, and not simply the business community.

“We have to be thoughtful and intentional about how everyone has a role,” she went on. “What AIM has said consistently is that this cannot be a burden that is carried by the business community alone. We know that our businesses are really taxed right now; they’re at a point where many of them are just barely getting by, and they’re in a real competition for talent and resources.”

While she’s generally optimistic that the ship can, in fact, be turned, she is troubled by much of what she’s seeing, especially the exodus of talent to other states. She noted that 22- to 35-year-olds are leaving the state at a rate of 35%, a number significantly higher than it has been historically.

And they’re leaving primarily because of the high cost of living, she said, noting that, while it’s always been expensive to live in Greater Boston — she had to work two jobs to afford her first home — it is much harder to make ends meet now, as evidenced by those two AIM employees who packed the car and moved south and west.

“That’s what I worry about — that’s your talent, those are your creative minds,” Thomson said. “Those are the folks who are going to bring the innovation that has made our economy so great. And we’re not selling them on staying here in Massachusetts.”

And these young people are leaving just as the Baby Boomers are leaving the workforce, she went on, noting that the state now has what would be called an older workforce, with an average age around 40.

“We have to look at this because, as we see the demographic shift, as we see folks retiring, we’re going to have a real problem if we’re not saying to those young folks, ‘this is where you want to stay and work and raise a family,’” she noted. “I really do worry about it, and it’s worse in certain areas and worse in certain industries; the average age of a utility lineman is 57 years old. How are we going to make the energy investments, upgrades, and transitions we need if we don’t have the workforce that’s capable of doing it?”

There are ongoing initiatives to generate interest in such fields, Thomson went on, but the challenge is the full slate of issues that must be addressed simultaneously — and soon.

Which begs the question: where to start?

“The hard thing is, we’re going to have to do a lot of things at once,” she said. “We must take aggressive actions on housing because it’s going to take long, and the price of not acting now is that, once you start losing folks at a high rate, they’re not going to come back. And even if we can build more housing and find creative ways to make some affordable housing, Massachusetts is going to be more expensive than some states.”

It’s the same with the other issues on that long list as well, Thomson went on, adding that, when it comes to housing, new businesses, or other forms of change, communities will need to be willing to adjust — or suffer the consequences.

“Communities that say, ‘this is what my community looks now, change is hard, and we don’t want to adapt,’ those communities are going to lose out to those who are willing to be more adaptive,” she noted. “And then the question is … do we have enough consensus as a state, enough communities willing to step up and do it, that we’re successful?”

Opinion

Opinion

By Pam Shlemon

In an instance of good intentions gone awry, an effort to hire people because of the skills they possess rather than their college degrees has turned into a concern that certified rehabilitation counselors may not be able to divulge their credentials to clients. That’s not helpful to anyone, especially the clients they serve: people with disabilities.

In January, Massachusetts Gov. Maura Healey signed an executive order requiring the state government to use skill-based hiring practices. That means the state would not ask its job applicants whether they held a college degree, or other advanced certifications, unless it was absolutely necessary for the job, potentially enabling people with relevant experience but not a degree to be hired.

As the leader of a national organization that advocates for people with disabilities, I see the value of skills-based hiring, which would open doors for qualified, motivated workers who may lack a particular degree.

The problem came soon after, with how the Massachusetts Rehabilitation Commission interpreted that order. Commissioner Toni Wolf suggested limitations on how the state’s certified rehabilitation counselors, or CRCs, use and disclose their certification to their clients.

That is a problem. Reducing the emphasis on credentials while hiring is one thing, but trying to erase their importance while performing the job is misguided. CRCs get their credentials from the organization I lead, the Commission on Rehabilitation Counselor Certification. The certification is the national gold standard in the field of rehabilitation counseling for people with disabilities, and it leads to proven better outcomes. Indeed, the Massachusetts Division of Professional Licensure asks for proof of the certification to become a licensed rehabilitation counselor.

Certification for CRCs serves as a quality guarantee, an assurance for a person with a disability that their counselor has the skills, knowledge, and ethical standards to help clients live as fully and independently as possible. A CRC is required by their certification to focus on what the client can and wants to do in their life, and is trained to work toward those goals. The nationally accredited certification is the result of rigorous training, comes with a 50-page code of ethics, and is not lightly granted.

In this field, as in many professions, credentials are important. You trust a certified public accountant, not a bookkeeper, with accounting skills. You bare your soul to a licensed mental-health professional, not someone familiar with some aspects of mental health. When you need surgery, you rely on board-certified surgeons and anesthesiologists, not someone knowledgeable in human anatomy but unlicensed to practice. This is true as well with rehabilitation counseling.

Favoring just skills at the expense of credentials is risky in the field of rehabilitation counseling. The training, the degree, and, most importantly, the certification verify that they know what they are doing. A person hiring a rehabilitation counselor would want to be sure they could do the work, avoid unintentional harm, give accurate information, and not take shortcuts, like referring clients to mediocre employment opportunities misaligned to their skillset or failing to account for their functional limitations. The certification held by a CRC provides that assurance.

A CRC, for example, is committed to helping a person with disabilities find and keep a high-quality job that suits them and bolsters their independence, not just any job. We work with a vulnerable population. The certification is acknowledgement of that and serves as a promise that CRCs never forget their obligations to this population.

Being barred from divulging their credentials hurts the CRCs, too. It’s demoralizing and frustrating to be unable to speak about their qualifications. It’s an erasure of their professional identities.

I have no quarrel with Gov. Healey’s move toward skills-based hiring, which is beneficial to many people in many fields. We at CRCC favor legislation that increases access to certification, including the Tomorrow’s Workforce Coalition, which advocates for workforce-development policies that open up funding for certifications, including the CRC.

Commissioner Wolf’s track record is long and admirable. This is certainly a case of a move made with good intentions and unintended consequences. I hope the commissioner sees that and steps back from this move.

 

Pam Shlemon is executive director of the Commission on Rehabilitation Counselor Certification (CRCC), the national organization that sets the national standard for certification and advocates both for the profession and individuals with disabilities.

 

Franklin County Special Coverage

Big Ideas in Small Towns

Lucy Damkoehler has developed a strong following from both within and outside Franklin County for her bakery and cooking classes.

When Lucy Damkoehler returned to Western Mass. after 20 years away, she opened a bakery in a town she knew well — Bernardston, to be exact, with its population of 2,000.

That was in 2018. Today, Sweet Lucy’s Bakeshop is thriving, demonstrating, like many other businesses already have, that it’s possible to succeed in a county whose 26 communities total around 71,000 residents — less than half of Springfield alone.

“It took off right away,” she said. “My prices were competitively high. I knew the cost of food was going up and the cost of labor was going up, so I priced it so I didn’t have to change my prices too often. But people didn’t complain about it, and I felt like it was doing pretty well.”

When COVID shut down much of the world, Damkoehler pivoted to a concept called Take & Bake Meals, which, at its height, was sending 50 to 60 meals out the door each day, which wound up expanding her reach and widening her exposure.

“We were getting people from Connecticut, from New York, discovering us,” she recalled, and those days partly explain why her customer base went from 90% local before 2020 to a ratio today of about 60% repeat customers — who come anywhere from every day to once a month — and 40% travelers checking out the bakery for the first time.

And Damkoehler’s success continues; she used a crowdfunded grant and a bank loan to build an addition, doubling her kitchen space and allowing her to begin offering cooking classes last September. She now employs six full-time bakers and six front-of-house staff, and is looking to hire a chef instructor as well.

“It blows my mind that I’ve only had one class that’s had to cancel due to low enrollment. They usually sell out within a couple of weeks, if not days,” she told BusinessWest. “It shows there’s a major need for that part of the business; there’s nothing like that around here. We’re doing kids’ classes now, too.

“I’m amazed every day that we’re able to do this successfully,” she added, especially in a community of just over 2,100 residents. “The prices are not cheap. But people recognize the value, and they appreciate it, and they’re willing to spend more money on something that’s done right. It doesn’t scare people away.”

So that’s what Damkoehler brought to the table: talent, quality, drive, and the instincts to pivot to what the market needed, which, both during the pandemic and with her classes, generated further opportunities for growth. Meanwhile, other businesses throughout this mostly rural county bring their own differentiators, but they also testify to a supportive, if small, community.

“Business owners here who are thriving have really committed, loyal customers. They have customers who love to come out and spend time there, spend their dollars with them, and they’re focused on providing a really great experience every time someone comes in,” said Hannah Rechtschaffen, director of the Greenfield Business Assoc. (GBA).

“One thing that I hear from some business owners is a sense of community and mutual support,” she added, noting that one of the GBA’s goals is to keep building opportunities for business owners to know each other better, so they can recommend each other.

“I think it’s organizations like ours and like the chamber that are able to listen to business owners and respond and really be another set of hands in their business success. That’s not overrated when you’re wanting to have a brick-and-mortar presence. So I hope businesses will think about opening here; I hope businesses will think about opening a second location here.”

“We were getting people from Connecticut, from New York, discovering us.”

To that end, Rechtschaffen added, “when we’re in conversation with Greenfield Community College about getting an internship program going, or when we’re in conversation with the Franklin County CDC about small-business support and entrepreneurship, all of those relationships are so, so crucial. None of us want to feel like we’re toiling away alone. We want to feel like we’re part of a larger ecosystem.”

Jessye Deane, executive director of the Franklin County Chamber of Commerce and Regional Tourism Council, agreed.

“Partnership and collaboration are the special ingredients in Franklin County. The way our communities come together to support our small businesses, it’s not like anything I’ve seen elsewhere,” she said.

“What I love to see here are thoughtful partnerships and strategies around how to best support business owners in filling in some gaps and resources that some more populated areas have, and how to attract different industries to the area,” she continued, touting, as Rechtschaffen did, the partnership between the chamber and GBA, but also Greenfield Community College, the CDC, and various economic-development entities.

“We want everyone’s business to be as successful as possible and have as many resources as they can tap into to ensure that success,” Deane said. “We wake up every day asking how to best support them.”

 

Declining Numbers

Such partnerships and mutual support are especially meaningful in a county that, after years of plateauing population, has seen those numbers start to creep downward, especially in the small towns beyond Greenfield and Deerfield.

“Certainly, population decline — or the projection of population decline we see — is a pretty major threat to many rural parts of Massachusetts,” said Linda Dunlavy, executive director of the Franklin Regional Council of Governments. “As Baby Boomers age, we need help, and not attracting young people to our region will be a concern for us. So we’re working on that.

Double Edge Theatre in Ashfield

Double Edge Theatre in Ashfield is just one example of the many cultural offerings in Franklin County.

“But population decline also hurts Franklin County and its rural areas because so many state and federal funding formulas, the distribution of aid money to municipalities, is based on population,” she continued. “So as our population decreases, the amount of money we have for infrastructure improvements, for education, etc., also decreases, which compounds the problem: how do we get people to come to our region if we’re not caring for our infrastructure, our assets, adequately?”

Dunlavy, who was named one of the Difference Makers for 2024 by BusinessWest, has been working for the benefit of Franklin County for decades, so she understands its assets — from arts and culture to outdoor recreation to that supportive business community others mentioned — but she understands the challenges of an aging, shrinking population base, too.

“Because we’re so rural, we have to work together,” she told BusinessWest. “We are a very collaborative region, probably one of the most collaborative regions in Massachusetts, because all the regional organizations are working together. We combine services of municipalities, our businesses work together, and they are served by strong regional support systems. It’s a great region to live in — if you know about us.”

A.J. Bresciano, first vice president and commercial loan officer at Greenfield Savings Bank (GSB), has been lending in Franklin County for the past 16 years, and he feels good about the current strength of business activity in the region.

“In terms of business lending, I think there’s some growth and some optimism, post-pandemic, in starting businesses and seizing opportunities to capitalize on improving economic markets. I think there is some opportunity for people with great ideas and a passion for what they do to come in and start something new,” he told BusinessWest.

That said, “there are certainly some challenges in the interest-rate environment,” he added, especially on the residential side, where higher rates and a shortage of housing have taken away the ‘churn’ of a vibrant market. “But I think that will change. Hopefully we’ll see rates start to come down in the near future, which will give people an opportunity to go out and seek new opportunities. We’re pretty optimistic about what the future holds.”

On the plus side, “there’s a lot of interest in this market because it’s less expensive than other markets that are overdeveloped. So a lot of borrowers see opportunity here,” said Peter Albero, chief financial officer and treasurer, noting that GSB originated $100 million in commercial loans and $70 million in residential loans last year. “The residential side is still a little bit lower … but the commercial side is very strong. A lot of banks are competing for strong borrowers.”

The aging of the population has created a fair amount of business turnover, Bresciano added, as long-time business owners are looking to retire and move into the next chapter of their lives.

“So there’s definitely opportunity for someone else to come in with new ideas, new ambitions, and to cultivate a new environment,” he said, pointing to one project — the conversion of the former Wilson’s Department Store in downtown Greenfield to a mixed-use property — as an example of forward thinking.

“None of us want to feel like we’re toiling away alone. We want to feel like we’re part of a larger ecosystem.”

For her part, Deane has seen a pipeline emerge of younger leaders in many Franklin County communities as older leaders, like those older business owners, look to retirement. “I’m excited about the leadership we’re seeing step into those roles,” she said.

 

Plenty to Promote

Rechtschaffen is acutely aware of what a spread-out county like Franklin faces in terms of housing, transportation, and access to amenities, but she tends to light up when talking about what she loves about the region — and there’s a lot of that.

“We have so much amazing outdoor arts, outdoor activities, whitewater rafting, skiing, theater … there are so many things. So I always want to make sure that people know what there is to visit up here.”

The target audience isn’t just visitors from afar, though.

“We have an advantage in Franklin County, which is that people really do want to support local, so it’s important that we have the right retail mix and experience mix here for people to be able to do that,” Rechtschaffen said, which is the impetus behind efforts like the “find it in Greenfield” campaign running on Bear Country radio and through other outlets.

“A lot of people don’t realize what’s so close by. So getting the word out can be a challenge,” she added. “We’re really trying to keep beating that drum and making sure that things are affordable, things are accessible, and we’re bringing businesses into Greenfield and Franklin County that people really want. That’s also a crucial part of the puzzle.”

Dunlavy has helped put many pieces in place, from north-south rail to broadband access to a planned partnership with other regional councils of government on a Connecticut River climate-resiliency plan.

“You do nothing alone. Everything takes partnership and many people working together,” she said. “And I like that part of the job. I like that challenge, and I like that focus. I’m never bored, ever. There’s always something to work on and always something to think about.”

Rechtschaffen never stops thinking about Franklin County, either.

“This is really creative work,” she said, “to be problem solving, to be listening, to be connecting people with one another so that their business can thrive, maybe in ways they didn’t think about. I really love all of this work to grow Greenfield and Franklin County in a way that feels good, for as many people as possible.”

 

Banking and Financial Services

A Matter of Survival

 

When asked what it takes to thrive in the cannabis business these days, Meg Sanders paused before noting that ‘thrive’ is the wrong word.

“I think thriving is part two. Right now, surviving is really the topic of the day. That’s what we need to be looking at,” said Sanders, CEO of Canna Provisions, which operates dispensaries in Holyoke and Lee.

And it’s not just because of the heightened competition that has arisen, both within Massachusetts and from across state lines, though that factor has caused some shops to close, with others likely to follow, as the market begins to settle, eventually determining how many dispensaries is too many.

No, that development has only exacerbated one of the key challenges for cannabis entrepreneurs: the fact that the drug is federally illegal, which makes financing thorny, normal business activities difficult, and the tax environment severe, to say the least.

“Our accounting bill is probably super elevated from a normal business. Our legal bill is probably way larger than a normal business because there are just so many T’s to cross and so many I’s to dot. And that’s just part of it,” Sanders said before detailing issues with access to financial services and lending. “What if we could get SBA loans? What if we could apply for federal grants? I mean, there’s so much money out there that a small business should be eligible for, but we can’t do any of that because we’re federally illegal.”

Meg Sanders

“What if we could get SBA loans? What if we could apply for federal grants? I mean, there’s so much money out there that a small business should be eligible for, but we can’t do any of that because we’re federally illegal.”

With that in mind, a coalition of U.S. cannabis operators and investors filed a lawsuit late last year against U.S. Attorney General Merrick Garland. The coalition asserts that the federal government has no basis for enforcing the Controlled Substances Act against intrastate, state-regulated cannabis operations. The plaintiffs include Canna Provisions; Gyasi Sellers, CEO and founder of Treevit; and Wiseacre Farm, all of which are independent operators in Massachusetts that claim to have suffered significant harm and business challenges due to federal prohibition.

Verano Holdings is also named as a plaintiff, while foundational supporters of the suit include Ascend Wellness Holdings, TerrAscend, and Green Thumb Industries, as well as Eminence Capital and Poseidon Investment Management.

The lawsuit seeks to confirm the rights of Massachusetts and other states to regulate cannabis within their borders, and to limit the federal government’s power to regulate commerce.

The Controlled Substance Act bars the production, distribution, and possession of marijuana, regardless of whether those activities cross state lines or, as in the case of the plaintiffs’ businesses, are intrastate. According to the lawsuit, “this unjustified and unconstitutional prohibition on intrastate cannabis harms plaintiffs and hinders the efforts of states to provide patients and adults with access to strictly regulated and tested cannabis.”

“The purpose of the lawsuit is to basically challenge the constitutionality of the Controlled Substance Act on intrastate activity. Basically, the suit alleges that the federal government has no say what happens within state borders,” Sanders told BusinessWest. “I wasn’t aware of this lawsuit until somebody recommended me to be part of it. So we had substantial meetings with our legal team and our board about this particular issue, and we all felt like there’s something here, and that this is an important way to approach it.”

 

Tough Environment

Cannabis banking has softened somewhat in Massachusetts, Sanders was quick to note. “I would say Massachusetts is probably one of the friendliest banking states in the United States as far as cannabis. We have a lot of very thoughtful, kind, smart bankers out there that are trying to service the industry. And that’s great; we have checking accounts, we have saving accounts, some of us are able to do debit-card acceptance. But we can’t take credit cards. I can’t get a business loan. Equipment loans are out there, but they’re at a really high interest rate. And also, I can’t get access to normal payroll services. So I can’t work with an ADP or a Paychex or some of the big guys that are really good at what they do.

“If you’re signing up to be in cannabis, you’re signing up for all of these headaches. This is the nature of the beast. And it’s not negotiable; those are the facts. This is what we have to deal with every single day. And it’s really, really hard.”

The lawsuit also takes aim at what’s known in the IRS tax code as Section 280E, which originated from a 1981 court case in which a convicted cocaine trafficker asserted his right under federal tax law to deduct ordinary business expenses. In 1982, Congress created 280E to prevent other drug dealers from following suit.

So, while state-legal cannabis businesses are allowed to deduct the cost of goods sold when paying taxes, they can not take other deductions normal to most non-cannabis businesses — salaries, health insurance, utilities, maintenance, and much more. “So I have an effective tax rate of 73%,” Sanders said.

In 2005, the U.S. Supreme Court rejected a challenge to the Controlled Substance Act’s cannabis prohibitions.

But, according to a press release announcing the new lawsuit, “a critical factor in that decision, Gonzales v. Raich, was that the federal government intended to ‘eradicate’ the market for cannabis nationwide. The court concluded that the federal goal of eliminating commerce in cannabis, combined with the assumption in 2005 that intrastate marijuana could not be differentiated from interstate cannabis, justified the Controlled Substances Act’s prohibitions on intrastate cannabis. Neither of those facts, however, are true today. In the 18 years since Gonzales, Congress and the executive branch have abandoned any intent to ‘eradicate’ cannabis, and numerous states have developed regulatory programs for legal marijuana that is not fungible with, and is readily distinguished from, illicit cannabis.”

Indeed, the plaintiffs note, today, 38 states and Washington D.C. have medical or adult-use cannabis programs with significant regulatory oversight, requiring compliance with stringent regulations aimed at protecting patients, customers, and the public, including video surveillance and seed-to-sale tracking.

“Absent the relief sought in this lawsuit, plaintiffs and other state-regulated cannabis operators will continue to suffer severe harms,” the release notes. “State-regulated cannabis businesses are deemed illegal under the CSA; their everyday activities are considered federal crimes. As a result, they are cut off from numerous federal programs and protections (including small-business loans), they are subject to discriminatory tax penalties, and many organizations — including banks and credit-card processors — refuse to do business with them, rather than risk being deemed conspirators, aiders and abettors, or money launderers.

“The result is that many cannabis businesses are suffering, people are losing their jobs, and individual wealth is being destroyed,” the statement continues. “In addition, social-equity licensees harmed by the war on drugs and who were supposed to have equal access to the industry do not have the same benefits as otherwise situated business owners to start a business and build their wealth.”

 

Appetite for Change?

Sanders sees this lawsuit as a kind of parallel track to other ongoing efforts to disentangle federal and state laws, thereby easing the cost of business in the cannabis industry, with many hoping Congress steps in at some point and removes cannabis from the Schedule 1 list of controlled substances.

“There are a lot of legislators that really support and see cannabis as an industry for their constituents and understand that jobs are being created and there’s a lot of revenue. And, bottom line, their voters want to buy weed from a regulated dispensary,” she told BusinessWest. “That’s what we see every single day. We still have more people coming in. And what voters are telling legislators is they want safe access to cannabis.”

At the same time, Sanders understands that Congress has many competing priorities, and that they struggle to come together in a bipartisan way on any issue.

“Until politicians see voters saying, ‘well, because you’re negative on cannabis, we’re not going to vote for you,’ I don’t think you’re going to see a change. I mean, that’s their business. Their business is to get votes. As voters, we want legalization, but there are so many other things that are separating us as a country, and those are way more important, probably, in the eyes of legislators.”

Cannabis Special Coverage

The Constant Disconnect

 

 

 

Scott Blumsack is a general manager of Society Cannabis Co., a licensed retailer, wholesaler, and producer of cannabis products in Massachusetts. He oversees 16 full-time employees and directly serves cannabis products to customers.

He filed for Chapter 13 bankruptcy, which enables individuals with regular income to develop a plan to repay all or part of their debts over time. But the U.S. Bankruptcy Court for the District of Massachusetts denied his repayment plan and dismissed his bankruptcy case.

Why? Because, while Massachusetts law permits the retail distribution of marijuana, it’s still a Schedule I controlled substance, illegal to manufacture, dispense, or possess under federal law. And when Blumsack petitioned for bankruptcy under Chapter 13, he sought to fund his plan with income from his $75,000-a-year job with Society.

Judge Elizabeth Katz agreed with the Bankruptcy Court that, because he is employed in a federally illegal activity, Blumsack could not access Chapter 13 to restructure his finances.

“This banking act has been proposed by bipartisan senators for the last six, seven, eight years, and this is the first year it made it through committee; it’s supposed to get a vote on the Senate floor.”

“There’s just an enormous disconnect between what’s allowed under Massachusetts law and what’s allowed under federal law, and the Blumsack case is a perfect example of this,” said attorney Steven Weiss, a shareholder with Shatz, Schwartz and Fentin in Springfield.

“He was dealing with a controlled substance; that’s where his income was coming from,” he went on. “This guy is doing something that’s perfectly legal in Massachusetts, and yet he’s barred from being entitled to federal bankruptcy relief.”

Steven Weiss

Steven Weiss says he’s surprised lawmakers haven’t moved more quickly toward decriminalizing cannabis on the federal level.

Weiss said Katz, who had taken an oath to uphold federal law, essentially found no way around this nagging disconnect between state and federal law. The case, which has made waves nationally, is being appealed.

This disconnect has thrown a number of wrenches into cannabis businesses, which, among other hurdles, grapple with an onerous tax burden since they can’t write off many of the costs other businesses can. Or, a driver with federal Department of Transportation certification could conceivably lose that license if he transports products across state lines. And attorneys have worried about taking on clients in the cannabis sector, as they are technically advising clients to break federal law.

“Even for me, as a bankruptcy trustee, what would happen if someone suggested I should be appointed trustee or receiver of a marijuana-based business? I don’t know if I could do that, even though it’s legal under Massachusetts law,” Weiss said. “If there’s a change in the presidential administration and someone decides they’re going to enforce the marijuana laws, and there’s a five-year statute of limitations on selling marijuana, am I now a dealer?”

Then there’s banking; most cannabis companies have been all-cash businesses because banks operate under federal statutes.

“The vast majority of Americans live in states with laws that depart from federal law on this issue and where thousands of regulated Main Street businesses are serving the legal cannabis market safely and responsibly.”

But that’s one area that could be changing.

Last month, the U.S. Senate Banking Committee approved the Safe and Secure Enforcement and Regulation (SAFER) Banking Act. The legislation (see story on page 40) would allow financial institutions to do business with the legal cannabis industry without fear of crossing federal banking regulations.

“This banking act has been proposed by bipartisan senators for the last six, seven, eight years, and this is the first year it made it through committee; it’s supposed to get a vote on the Senate floor,” said attorney Scott Foster, a partner with Bulkley Richardson in Springfield. “It’s not law yet, and it may not even get through the House, but you’re definitely seeing little steps moving this forward.”

Meanwhile, the U.S. Department of Health and Human Services (HHS) recently issued an official recommendation to the Drug Enforcement Administration calling for marijuana to be moved from Schedule I to Schedule III status in the federal Controlled Substances Act.

A Schedule I classification is reserved for substances with no accepted medical use and a high potential for abuse, while a Schedule III classification is reserved for substances having a legitimate medical use and a moderate to low potential for physical and psychological dependence.

Despite this difference, cannabis would still be considered a controlled substance, illegal without a valid prescription, so a reclassification wouldn’t change the law around adult-use cannabis — but it would be a small move in that direction.

Scott Foster

Scott Foster says the disconnect between federal and state laws have contributed to making cannabis “a challenging place to be. It’s not for the faint of heart.”

“Moving cannabis to Schedule III could have some limited benefit, but does nothing to align federal law with the 38 U.S. states which have already effectively regulated cannabis for medical or adult use,” said Aaron Smith, CEO of the National Cannabis Industry Assoc. “The only way to fully resolve the myriad issues stemming from the federal conflict with state law is to remove cannabis from the Controlled Substances Act and regulate the product in a manner similar to alcohol.”

Will the federal government ever do that? Stay tuned.

 

Green Wave

Laws to make cannabis legal for adults have passed in 23 states as well as the District of Columbia, and 38 states have laws regulating medical cannabis. Almost 80% of Americans live in a state where the substance is legal in some form.

“The vast majority of Americans live in states with laws that depart from federal law on this issue and where thousands of regulated Main Street businesses are serving the legal cannabis market safely and responsibly,” Smith said. “It’s long past time for Congress to truly harmonize federal policy with those states.”

And there has been some thawing around the edges of the state-federal disconnect. For one thing, more banks, and larger ones, are edging into the cannabis sector.

For example, calling it an underserved industry, Berkshire Bank recently launched a cannabis banking unit that provides tailored banking solutions for businesses. In a partnership with Green Check Verified, a cannabis compliance software company, Berkshire is promising clients a seamless integrated platform that includes an application process, transaction monitoring, compliance, and funds movement.

Foster said he spoke with an executive at Berkshire Bank only 18 months ago who doubted such a move could happen. “They went from ‘absolutely not’ to ‘our doors are open to cannabis.’ That’s a huge shift for a major bank in the region.”

And as more states come around to legalizing cannabis within their borders, there might eventually come a tipping point that lawmakers in Washington, D.C. can’t ignore.

Foster happened to be on a plane recently with a state senator from South Carolina, and they struck up a conversation about their respective jobs.

“He said, ‘we’re considering legalizing medical cannabis in January. Don’t you see a lot of crime?’ I said, ‘No.’ ‘Homelessness around dispensaries?’ ‘No. Quite the contrary.’

“I told him, ‘you’ve got people in your state right now who are growing cannabis. They’re very good at it. They know their stuff. They know the different strains. In my state, those people are employed at cannabis dispensaries. They have respectable jobs, they’re not underground, there’s no risk of them going to jail. In your state, they still can.’”

Weiss told BusinessWest he’s surprised at the lack of movement on decriminalizing cannabis at the federal level, if only because there’s so much money to be made by banks and other businesses that typically have the ear of lawmakers.

“It’s legal in 38 states. Even small banks are looking at opportunities to make loans or investments in the marijuana business,” he said. “And when Wall Street can make money on something, the law will change. That may be a cynical view of the world, but I’m sort of surprised that marijuana hasn’t become at least quasi-legal federally right now. Right now, the way the industry is operating, the government just turns a blind eye to it.”

Until someone like Blumsack gets caught in the crossfire, or until cannabis business struggle under the weight of much higher business costs and much greater challenges than other sectors when it comes to real estate, transportation, security, or any number of other factors.

“I don’t know all the ways that’s going to shake out,” Weiss said. “That inconsistency is a problem for everybody. If somebody wants to change the law, that’s up to Congress.”

A Congress that, if anyone hasn’t noticed, doesn’t like working in a bipartisan way on very much these days.

 

The Next Generation

The landscape on some of these matters may still shift. Foster cited a recent decision from the U.S. Bankruptcy Court for the Central District of California in which a cannabis business, the Hacienda Co. LLC, was able to obtain bankruptcy protection, but only after transferring its cannabis assets to a third party. “The decision by the court could be seen as a roadmap for other companies seeking bankruptcy protection,” he noted, “but only for a complete liquidation, not a restructuring.”

Meanwhile, Foster believes federal decriminalization is coming … eventually.

“We still have octogenarians running parts of the government, and they grew up with ‘drugs are bad,’ and that’s something that’s difficult to overcome,” he told BusinessWest. “Twenty, 25 years from now, it will probably be legal, and everyone will look back and say, ‘that was kind of silly.’ But right now, people have ideas deeply ingrained in them by their church, society, family, personal experience, and they’re not going to get over that. They’re just not.”

Until they are — or a new generation of leaders emerges — the juxtaposition between state and federal law will continue to cause problems in this still-nascent industry.

“It’s still a challenging place to be,” Foster said. “It’s not for the faint of heart.”

Community Spotlight Special Coverage

Community Spotlight

Robin Grimm says Sturbridge appealed to her for many reasons

Robin Grimm says Sturbridge appealed to her for many reasons, from its beauty to its sense of history to its enthusiastic celebration of that history.

Officials in many different communities like to say they’re ‘at the crossroads’ — of their region or even New England.

In Sturbridge … they mean it.

Indeed, this community of just under 10,000 people sits at the intersection of the Mass. Pike and I-84, which begins in the town and winds its way southwest through Hartford and into New York and Pennsylvania. Meanwhile, Route 20, a state highway, and the main east-west corridor before the Pike was built, runs through the town and forms its main commercial artery.

Most area cities and towns also like to say that they have ‘something for everyone.’

In Sturbridge … they mean it.

There are hotels, restaurants, and taverns, as well as campgrounds, hiking trails, and kayaking on the Quaboag River. There’s shopping and antiques (Brimfield is right next door, and there are many shops in Sturbridge itself). There are a few brewpubs, a distillery, and even axe throwing. There’s foliage (many tours of New England’s fall colors end here) and the famous shrine at St. Anne and St. Patrick Parish.

“If you were the Mass. association of anything, Sturbridge is ideal, because we’re dead center — it’s equidistant from the Berkshires to Hyannis. And it’s less expensive than Marlboro or going even closer to Boston.”

Between the accessibility and the all the things to do — and the two qualities are obviously very much related — there are always considerably more than 10,000 people in Sturbridge at any given time.

Some visitors get off those aforementioned roads on their way to somewhere else and often shop, eat, or both. But, more importantly for the town, the region, and the businesses within, many stay for a night or two … or three.

They come for business meetings and conventions; to look at foliage; to camp or park RVs at the two RV parks; to take in the three Brimfield Flea Markets in May, June, and September; for the annual Harvest Festival, staged earlier this month; and to converge for the Pan-Mass Challenge, the bike ride to raise money for the Dana-Farber Cancer Institute, which features a route that starts in Sturbridge and winds 109 miles southeast to Bourne.

Terry Masterson says Sturbridge’s trails, campgrounds

Terry Masterson says Sturbridge’s trails, campgrounds, and RV parks are an often-overlooked but important element in the town’s status as a true destination.

And they come for weddings.

Neither Town Administrator Robin Grimm nor Terry Masterson, the town’s Economic Development and Tourism coordinator, know exactly how many, but they know it’s a big number.

“Weddings are a cottage industry here,” said Grimm, noting that a combination of venues (such as the Publick House Historic Inn and Country Lodge and the Sturbridge Host Hotel & Conference Center), beauty, and position in the middle of the state (and the middle of New England, for that matter) make Sturbridge a popular wedding location.

Alexandra McNitt, director of the Chamber of Central Mass South for the past 17 years, agreed. She told BusinessWest that the community’s location, in the very middle of the state and on major highways, makes it a logical choice for meetings and conventions involving state associations, business groups, and families planning reunions and other types of get-togethers.

“If you were the Mass. association of anything, Sturbridge is ideal, because we’re dead center — it’s equidistant from the Berkshires to Hyannis,” she said. “And it’s less expensive than Marlboro or going even closer to Boston.

“And with families and friends getting together … I can’t tell you how many times we get people who call us and say, ‘I live in Maine, I have some friends coming up from New York or Pennsylvania, and they’re coming to Sturbridge because it’s halfway for both of them,’” she went on. “It happens all the time. So we benefit from this location on the personal level, with small-meeting groups and any kind of state clubs or associations.”

Overall, between the hotels, RV parks, Old Sturbridge Village, the Brimfield antique shows, and the weddings, events, and meetings, Sturbridge draws more than a half-million visitors a year.

And those who find the town will now be able to more easily find out about all there is to do there, and in the surrounding region, with the opening of a new home for the chamber, one that includes a visitors center on River Road, just off exit 5 of I-84 (more on that later).

Meanwhile, there is another potential new draw for this already-popular destination with the planned opening of a combination truck stop and what’s being called an ‘electric-vehicle discovery center,’ said Masterson, where motorists can learn about EV ownership and potentially test-drive vehicles from various manufacturers.

For this installment of its ongoing Community Spotlight series, BusinessWest takes an in-depth look at Sturbridge and how it takes full advantage of its accessibility, beauty, and increasingly diverse business community.

 

Staying Power

Grimm, formerly a town administrator in Stoughton, just south of Boston, and administrator or assistant administrator in several communities in Rhode Island, where she grew up, told BusinessWest that she wasn’t exactly looking for a job when Sturbridge posted for a town administrator early in 2022. But there were many things about the position that appealed to her, from its beauty to its sense of history to its enthusiastic celebration of that history.

“Sturbridge has always been a favorite community for me — there isn’t a kid in Rhode Island who doesn’t take a visit to Old Sturbridge Village,” she said. “I love rural communities, and when an opportunity to work in this part of Massachusetts came up, my ears perked up.

“Sturbridge is particularly unique,” she went on, “because it’s an unusual combination of the beautiful, rural, foothill feel that you get as you start moving west in Massachusetts, and what happens when you have the reality of the intersection of two major highways.”

Masterson, who came to Sturbridge in 2020, has a somewhat similar story. Formerly an Economic Development administrator in Northampton, he said he came to Sturbridge and a similar post there because of that same blend of history and business development. “I enjoy history, so the job posting piqued my interest, and I came and interviewed.”

Masterson said the importance of tourism, hospitality, meetings, and conventions to Sturbridge, and the manner in which all this dominates the local economy, becomes clear as he breaks down the tourism business base, which includes nearly 100 businesses of all sizes.

Visitors to Sturbridge

Visitors to Sturbridge will find information on the community’s many attractions and tourism-related businesses at the new visitors center.

Indeed, there are 11 hotels located in the community, which together boast roughly 1,000 rooms, he said. There are 24 ‘eating establishments,’ three coffee and tea houses, six dessert or ice-cream shops, six brew pubs, five wineries, three orchards, three wedding venues, 17 specialty shops, four RV parks and campsites, five nature trails covering 35 miles, and two golf courses.

All this explains why Sturbridge, which boasts a rich history — Grimm says the Revolutionary War is still a big part of the town’s “culture” — has become such a destination.

Masterson noted that its popularity as a stop, for a few hours or a few days, is made clear in statistics regarding spending on meals; the town has been averaging $63 million annually since 2017, with a high of $72 million in 2022. By comparison, Northampton, a community well known for its stable of fine restaurants, averages $93 million annually.

The hotels have high occupancy rates in spring, summer, and fall, said McNitt, adding that they, and the restaurants, get a huge boost from the Brimfield antiques shows, the first of which, in May, is the unofficial start to the busy season. “That first May show is a huge shot in the arm for the hotels and restaurants; that kicks off the season, and then we’ll be flying until Thanksgiving.”

These numbers, and those regarding overall visitorship, obviously make Sturbridge a popular landing spot for tourism- and hospitality-related businesses, said Masterson, adding that there has been a steady stream of new arrivals in recent years, including several this year.

“Sturbridge is particularly unique, because it’s an unusual combination of the beautiful, rural, foothill feel that you get as you start moving west in Massachusetts, and what happens when you have the reality of the intersection of two major highways.”

They include everything from Wicked Licks, an ice-cream shop that opened on Route 20 near the entrance to Old Sturbridge Village; Tutt Quanti, an Italian restaurant; Heal and Local Roots, two cannabis dispensaries along Route 20; D’Errico’s, an upper-end meat purveyor taking space in the Local Roots facility; and Teddy G’s Pub & Grille, which is occupying the former Friendly’s location on Route 20.

 

Meeting Expectations

In addition to its meeting, convention, and wedding business, Sturbridge and the surrounding area boasts a number of historical and cultural attractions, parks, orchards, trails, golf courses, and other forms of recreation.

Topping that impressive list, of course, is Old Sturbridge Village, one of the nation’s oldest and largest living-history museums, with 40 restored antique buildings, a working farm, two covered bridges, and much more. OSV draws 250,000 visitors a year and hosts hundreds of school field trips, as it has for decades.

There’s also Sturbridge Common, the picturesque town founded in the 1730s, which was, during the Revolutionary War, the site of militia drills and the collection of military supplies, as well as St. Anne Shrine, which has been welcoming pilgrims praying for physical and spiritual healing since 1888.

Sturbridge at a glance

Year Incorporated: 1738
Population: 9,867
Area: 39.0 square miles
County: Worcester
Residential Tax Rate: $18.07
Commercial Tax Rate: $18.07
Median Household Income: $56,519
Family Household Income: $64,455
Type of government: Town Administrator, Open Town Meeting
Largest Employers: OFS Optics, Old Sturbridge Village, Arland Tool & Manufacturing Inc., Sturbridge Host Hotel & Conference Center
* Latest information available

Perhaps less well-known, but increasingly popular — and important to the business community — are the trails, campgrounds, RV parks, and open spaces in Sturbridge.

“We have more than 450 RV pads, which I conservatively estimate will draw more than 100,000 people a year between April and October,” said Masterson, adding that the RV parks, as well as the trails and campgrounds, enabled Sturbridge to continue to draw large numbers of visitors during COVID.

The new chamber office and visitors’ center will help provide more information to those who come to Sturbridge for all those reasons listed above, said McNitt, adding that the town had such a facility years ago, saw it close, but recognized the need to resurrect it.

And many of the businesses and venues that it spotlights helped make this move possible, including the donation of a building for the facility.

“The community has really come together to support this initiative,” McNitt noted, adding that a painting-business owner has volunteered time and talent to paint the facility, while the Publick House donated landscaping, and other businesses have chipped in as well. “It’s definitely been a community effort; they wanted this to come back.”

As for the planned service center and EV discovery center now nearing the finish line, it is one of several such facilities being developed by partners Michael Frisbie and Abdul Tammo, co-owners of Hartford-based Noble Gas Inc. The two partners are building what they tout as a new generation of larger service centers, complete with high-speed electric-vehicle charging stations and a host of other amenities, including an ice-cream shop and outdoor picnic areas.

“If you have an electric vehicle, it’s not like filling your gas tank,” said McNitt, explaining the concept as she understands it. “It doesn’t happen in three minutes; even with a high-speed charger, it takes 20 to 30 minutes, so they’re trying to create an environment that’s friendly toward that.”

It’s just one more way Sturbridge is creating an environment friendly to all kinds of recreation seekers who arrive here at the crossroads.

Accounting and Tax Planning

What Does It Mean for Estate-tax Liability in Massachusetts?

By Elizabeth Dougal, Esq.

 

Massachusetts estate-planning clients frequently ask whether they should transfer their vacation property, typically located in Florida or New Hampshire, to a limited liability company. The answer is almost always ‘no.’

Why? Because Massachusetts does not tax out-of-state real estate held individually. However, it does tax out-of-state intangible assets. The transfer of the real estate to a limited liability company would convert that real estate to an intangible asset for purposes of the application of the Massachusetts estate tax.

Elizabeth Dougal

Elizabeth Dougal

Let’s say you are a Massachusetts resident with a vacation condominium in Florida valued at $300,000. You die with $800,000 of other assets in Massachusetts. Massachusetts imposes an estate tax up to 16% on a Massachusetts taxable estate of more than $1 million. Massachusetts does not impose its estate tax on real property held individually outside of Massachusetts. Hence, in this scenario, you would owe no Massachusetts estate tax.

What if you transferred that $300,000 Florida condominium to a limited liability company? You sometimes rent it out and want the limited liability company to decrease any liability exposure. Now, when you die, your Massachusetts estate is $1.1 million, thus subject to Massachusetts estate tax. The transfer of the condominium to the limited liability company converted it to an intangible asset includable for Massachusetts estate tax purposes. You could have managed your risk to limit potential liability through the acquisition of appropriate liability insurance instead of transferring it to a limited liability company.

You might also consider transferring your out-of-state property to an entity for probate avoidance, privacy, or ease of future transferability. For these purposes, the use of a simple ‘living’ or revocable trust might accomplish your goal. Massachusetts cannot impose Massachusetts estate tax on real property located outside of Massachusetts, whether held individually or within an arrangement that is the equivalent of individual ownership. A revocable trust is such an arrangement.

One last caveat on the example involving the Florida condominium mentioned above: Florida has no estate tax. Neither does New Hampshire. You may experience a different outcome in states with an estate tax. You will want to consult an estate tax advisor to determine if the state where the property is located has a higher estate tax rate than Massachusetts. If so, use of a limited liability company or other entity may be warranted.

Still, in general, you want to avoid dying as a Massachusetts resident with an estate over $1 million that includes real estate in a limited liability company, unless the real estate is located in Massachusetts or a state with at least an equivalent estate tax.

 

Elizabeth Dougal is an attorney with Bulkley Richardson and a member of the firm’s Trusts & Estates department.

Opinion

Editorial

 

It’s a significant investment: more than $20 million just for the first year. But it’s an investment that could bring a significant return.

That’s the hope, anyway, of Gov. Maura Healey and other state officials, who officially launched the initiative called MassReconnect with a press conference on Sept. 24 at MassBay Community College in Wellsley.

The program, quite simply, establishes free community college — covering not just tuition and fees, but books and supplies — for academically qualifying students age 25 and older.

The governor laid out the compelling rationale for the program at the event. “MassReconnect will be transformative for thousands of students, for our amazing community colleges, and for our economy,” she said. “It will bolster the role of community colleges as economic drivers in our state and help us better meet the needs of businesses to find qualified, well-trained workers. We can also make progress in breaking cycles of intergenerational poverty by helping residents complete their higher-education credentials so they can attain good jobs and build a career path.”

Let’s consider those points one at a time.

Western Mass., where four of the state’s 15 community colleges — Berkshire Community College, Greenfield Community College, Holyoke Community College, and Springfield Technical Community College — are located, needs them to be strong and vibrant to generate, and maintain, a strong pipeline of workers coming into myriad fields.

Meanwhile, at a time when businesses of all kinds are struggling to attract and retain talent, making it easier for non-traditional students — those who haven’t started in college, or who have started but haven’t completed, for one reason or another — to enter career pipelines could make a real difference in those companies’ growth, and even survival.

Meanwhile, Healey is right: there’s no doubt that education is a key factor in overcoming barriers to economic success; it isn’t hard to imagine that many students taking advantage of this program will represent the first generation of their family to attend college.

Holyoke Community College President George Timmons believes that “MassReconnect will enable our community colleges to do more of what we do best, which is serve students from all ages and all backgrounds and provide them with an exceptional education that leads to employment and, ultimately, a stronger economy and thriving region.”

MassReconnect is expected to support up to 8,000 community-college students in the first year, which could grow to closer to 10,000 students by FY 2025, depending on how many students take advantage of the new opportunity. There are approximately 700,000 Massachusetts residents who have some college credit but no degree. MassReconnect could help bring back these students to finish their degrees, with the additional funding and support they may have lacked the first time around.

Meanwhile, the Commonwealth’s 15 community colleges are a ticket to economic mobility for many residents. Nationally, employees who have earned their associate degree are paid 18% more than workers with only a high-school diploma, according to the Bureau of Labor Statistics. As for those jobs, in July, there were more than 26,000 job postings in Massachusetts that specifically required an associate degree.

The hope is that MassReconnect will harness the power of community colleges by allowing workers to earn the training and education necessary to jump-start their career growth and reinforce a pipeline of skilled professionals entering the workforce. That’s what this is about, and why Healey and other proponents and believe the state’s investment will be more than justified by its return.

“MassReconnect will be a game changer for residents 25 and over in the Pioneer Valley and throughout the Commonwealth,” Greenfield Community College President Michelle Schutt said.

Let’s hope it changes the equation for employers — and the state’s entire economy — as well.

Nonprofit Management

Streams of Assistance

 

Call it a flood of support at a critical time.

On July 20, the Healey-Driscoll administration and the United Way of Central Massachusetts (UWCM) announced the Massachusetts Farm Resiliency Fund, a partnership between philanthropic organizations and private foundations intended to support Western and Central Mass. farms impacted by recent flooding and strengthen farm resiliency in the long term. Officials made the announcement at Mountain View Farm in Easthampton, which had much of its crop destroyed by flooding.

Megan Burke

Megan Burke

“We seek to ensure that this coordinated effort provides immediate relief that works for farmers and addresses longer-term food-security issues for vulnerable residents of our region.”

The Massachusetts Department of Agricultural Resources estimates at least 75 farms have been hurt by flooding, with about 2,000 acres in crop losses at a minimum value of $15 million. That number will likely climb as more damage is assessed and the longer-term impacts set in.

“As the lieutenant governor and I have visited farms across the state, we’ve been deeply moved by the devastating impacts we’ve seen and heartbreaking stories we’ve heard. We’re grateful to our philanthropic and private partners for quickly answering the call to action and creating this fund to deliver relief directly to farmers,” Gov. Maura Healey said. “This is about team Massachusetts — where we come together to support farmers and their livelihoods, build resilience for our farms and food supply, strengthen our economy, and create a stronger future for our children and families.”

Lt. Gov. Kim Driscoll added that “Governor Healey and I have heard firsthand from dozens of farmers who are grappling with the aftermath of extreme flooding and trying to figure out how they’re going to make ends meet and keep their farms. We’ve been inspired by their resilience and the pride they take in their businesses, which play an essential role in our state’s food supply and economy. The Massachusetts Farm Resiliency Fund will be a lifeline for so many dedicated farmers and their families.”

Several nonprofit leaders were quick to commit to supporting farmers through the fund.

“In light of the devastating impact of recent floods, the Community Foundation of Western Massachusetts is committed to supporting the Massachusetts Farm Resiliency Fund,” CFWM President and CEO Megan Burke said. “We seek to ensure that this coordinated effort provides immediate relief that works for farmers and addresses longer-term food-security issues for vulnerable residents of our region.”

Philip Korman, executive director of Community Involved in Sustaining Agriculture (CISA), added that “this month’s rains and floods, occurring in the middle of the summer harvest, will have a bigger impact on our farms than Hurricane Irene. It has been heartening to see the community rally around our local farmers, the very people who feed our families. The newly created Massachusetts Farm Resiliency Fund is a powerful example of what can be created when government, foundations, businesses, and nonprofits like CISA work together. The fund will be an essential piece of helping farms recover and will serve as part of the safety net to future climate change events.”

Sen. John Velis

Sen. John Velis

“The flooding has decimated folks’ businesses, jeopardized their livelihoods, and has had a tremendous impact on our Commonwealth’s agricultural sector and our food supply as a whole.”

Meanwhile, Mark Gold, director of the Harold Grinspoon Charitable Foundation, praised the administration for addressing flood relief in a timely manner. “Our foundation remains committed to providing support to those farms impacted by the recent floods along the Connecticut River Valley and others to which we and our partners have provided support over the past nine years.”

Local legislators were quick to praise the joint effort between government and philanthropic community.

“Farms throughout Western Massachusetts have been devastated by the recent flooding in our region, and the full scale of damage is unfortunately expected to grow even more,” state Sen. John Velis said. “The flooding has decimated folks’ businesses, jeopardized their livelihoods, and has had a tremendous impact on our Commonwealth’s agricultural sector and our food supply as a whole. I am grateful to the Healey-Driscoll Administration, UWCM, and all the philanthropic and private foundations for their fast work in creating the Farm Resiliency Fund and for their commitment to helping our farmers get back on their feet.”

State Rep. Natalie Blais agreed. “Following the devastation caused by recent rains and flooding, the Healey-Driscoll administration stood with us, in our fields, to hear directly from farmers,” she said. “I am profoundly grateful to our community for coming together to support farms across the state, and for Governor Healey’s commitment to the long-term sustainability of agriculture and our local food systems.”

Tim Garvin, president and CEO of United Way of Central Massachusetts, called the new fund “a most beautiful demonstration of real partnership, united in compassion and united in purpose to support and assist our farmers,” adding that he is hopeful that many will be inspired to contribute.

“As someone who sees the devastating impacts of the recent flooding every day, I am extremely grateful for the quick efforts of the Healey-Driscoll administration and the United Way of Central Massachusetts to put the Massachusetts Farm Resiliency Fund in place,” state Sen. Jo Comerford said. “We must continue to take concrete steps to help the farmers who so desperately need our quick action and sustained efforts to help in their recovery.”

Comerford also praised the state Senate the following week for passing a $513 million supplemental budget for FY 2023 that includes $20 million in assistance for farms throughout the Commonwealth impacted by recent severe weather events.

“These public funds will go out as direct grants,” she explained. “That’s money in the pockets of farmers who have experienced a massive hardship in the wake of the extreme flooding earlier this month and the frosts and freezes this past spring.”

Other organizations have stepped up to help as well, such as UMassFive College Federal Credit Union, which recently announced a donation to aid local farms impacted by the flooding, including Natural Roots Farm, Mountain View farm, Pepin Farm, Community Care Apothecary, Song Sparrow Farm, Stone Soup Farm, New Community Farming Cooperative, World Farmers’ Flats Mentor Farm, and the Grow Food Northampton Community Farm.

“We are deeply connected to our community and our members, and we understand the critical role that local farms and local food play in our lives,” said Craig Boivin, vice president of Marketing at UMassFive. “Our donation to the local farms impacted by the floods is an expression of our gratitude and commitment to helping our neighbors in their time of need.”

As for the Massachusetts Farm Resiliency Fund, all funds will be distributed rapidly by the United Way through a deliberate selection process. More information about the fund can be found at unitedwaycm.org/farmfund.

“For generations, our farms have been part of our cultural heritage and the fabric of our local communities,” Massachusetts Department of Agricultural Resources Commissioner Ashley Randle said. “As heartbreaking as it has been to see our farming community hit hard, I’m truly inspired to see the community step up and rally around our farmers with this partnership that will bring much-needed relief.”