New Booster Seat Law Takes Effect In Massachusetts

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Thursday ushers in a new era in child passenger safety in Massachusetts as a new booster seat law takes effect ninety days after Governor Deval Patrick signed the legislation. For the past several years, AAA Southern New England has been the primary proponent of this law, which requires booster seats for children up to their eighth birthday, or until they reach 4 feet 9 inches in height--whichever comes first.

“Parents are bombarded with health and safety messages regarding their kids,” says Arthur Kinsman, Director of Government Affairs for AAA Southern New England. “Their priority filters tell them that if a warning is not a law, the potential is not life-threatening. Nothing could be further from the truth when it comes to properly securing our kids.”

Studies show nine out of ten parents believe that if they adhere to their state’s current child passenger safety law, they’ll be taking the necessary steps to protect their children. “Previously, parents were given a false sense of security by following the letter of the Commonwealth’s law, and, in the process, unknowingly endangering their children,” said Mr. Kinsman. “Finally the law has caught up to best practice.”

"With the booster seat law going into effect, now is a great time to remind parents that booster seats save lives. Often, a seat belt alone is not enough to protect a child, or is even harmful because the child is not big enough to wear the seat belt properly. Booster seats help solve this problem," said Representative Michael Costello, Chair of the Joint Committee on Public Safety & Homeland Security. "This is a simple, inexpensive way that parents can protect their children while they are driving."
  

According to AAA, height is the best indicator of when a child can be safely buckled in an adult safety belt, because the booster seat raises up a child so that the seat belt is properly positioned across a child’s lap and chest. The age cutoff is important because it prevents smaller adults from being subject to the law.

"The purpose of this law is to save children’s lives," says Senator Steven A. Baddour, (D-Methuen), the bill’s sponsor and Chair of the Joint Committee on Transportation. "We must continue to educate parents about how they can protect their kids in the case of an accident – something I think any parent would do if they truly knew of the risks involved without booster seats."

Booster seats are available in some department stores for as little as $15, and for parents facing financial hardships, free booster seats are available through the Massachusetts Executive Office of Public Safety and Security/Highway Safety Division. For more information on free seats, Massachusetts residents can call the Child Passenger Safety Hotline at 1-877-392-5956, or TTY 1-617-725-0261 (for the hearing impaired,) or log on to www.mass.gov/child safety seats. 

The fine for violating the new law would be $25 per child. Forty-three states and the District of Columbia have booster seat laws in place.
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Lanesborough Officials Take Road District Dissolution Off Warrant

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board has removed a town meeting warrant article regarding the dissolution of the Baker Hill Road District.

JMJ Holdings development consultant Tim Grogan spoke in public comment saying the Berkshire Mall owner is currently has purchase-and-sale agreement for the mall. 

Back in February, the Select Board settled a tax dispute with JMJ Holdings by agreeing to move forward in dissolving the district if the company paid $1.1 million to the town. JMJ Holdings had to provide a signed development-and-purchase agreement 30 days before the town meeting. 

JMJ holdings did not submit a payment to be made by May 9. Because of that, the Select Board voted to take the article of the warrant to be voted at the annual town meeting.

Meanwhile, the Baker Hill Road District presented a slideshow defending the district and explaining what it does.

The district currently provides a non-resident-funded revenue stream of around $500,000 per year. These funds help pay for police cars and officer salaries, dump trucks, fire trucks, and more for the town.

"Dissolution would mean the district's three commercial property owners would no longer have to pay for upkeep of the Route Seven/Eight connector road. As a result, the BHRD annual contribution of more than $500,000 to Lanesborough would disappear permanently, since the services and maintenance costs associated with the Route Seven and Eight connector road would still remain," said Tom Caraccioli, PR consultant with AH&M Inc. "Lanesborough would have to absorb these costs and continue to provide emergency services to the mall and Target. The financial burden for these remaining expenses would then fall on Lanesborough taxpayers through higher taxes or the reduction of other important town services."

The proposal with JMJ would affect the town in a negative way Caraccioli claimed. 

"JMJ is proposing a one-time payment of $1.1 million to Lanesborough in exchange, JMJ would never pay BHRD taxes again. The decision to dissolve the BHRD by accepting this proposed $1.1 million would be a permanent choice that would have irreversible consequences," he said. "There will be no official system in place to cover recurring costs once the money from this single payment is spent. Therefore, the proposed one-time payment is not a long-term solution for the town of Lanesborough."

JMJ's dispute was that the Berkshire Mall no longer exists as a functioning entity and it should not be on the hook for protection and maintenance that had been based on the mall's operation in its heyday. The company is seeking to redevelop the site as senior housing and town officials were asking the state to take over the Connector Road. 

District officials said it's not guaranteed that the state would take over the road linking Routes 7 and 8, built to service the mall back in the '80s, and that the state Department of Transportation had historically discouraged the town from asking. Even if it happened, it could take three to five years, during which no BHRD funds would be collected if the district is dissolved. The state would not replace the revenue they support, and they argued the state is facing its own budget issues making it unlikely they would want to take over.

The road district was created by an act of the Legislature and would require another act to dissolve it. The town meeting article asked for voter support for a home-rule petition to start that process.  

After the presentation, it was asked what the current financial status of the BHRD, given that JMJ hasn’t paid in a long time and if the district actually has the money or if it is dependent on the mall sale.

Mark Siegars, attorney for BHRD, reminded the room that the mall is under a purchase and sale agreement and if the sale closes, the district expects to receive more than a million dollars because of the lawsuit and lien, but does not have that cash yet. If the sale does not go through, BHRD will take the mall and sell it. The district still gets payments from Target, which is separate from the mall. 

There were also some questions on the district's history, with Select Board member Jason Breault asking if the mall did not have a high tax rate from the district, would it still be solvent. The exchange became heated between Siegars and BHRD Chair Bill Prendergast.

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